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HomeMy WebLinkAboutWashington County Landfill Questionaire/Junker Sanitary Landfill (2) LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 (612) 439 -2878 FAX (612) 439 -2923 LYLE J. ECKBERG GREGORY G. GALLER JAMES F. LAMMERS KEVIN K. SHOEBERG ROBERT G. BRIGGS THOMAS J. WEIDNER PAUL A. WOLFF SUSAN D. OLSON MARK J. VIERLING DAVID K. SNYDER Direct Dial (612) 351 -2118 August 15, 1996 MS JUDY HOLST DEPUTY CLERK CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Washington County Sanitary Landfill Request for Information MPCA Dear Judy: I have reviewed your correspondence of July 31, 1996 enclosing the copy of the Minnesota Pollution Control Agency letter of July 26, 1996. Like yourself, we do not have any information with regard to insurance coverage prior to Forest Lake Agency being awarded the bid for the city's insurance. I do, however, have a copy of the EPA request that LaVonne had filled out with the attachments dealing with existing insurance coverages that was done for the purposes of the Junker Landfill lawsuit and i -y be applicable or used by you to some extent with regard to '- que•-ts for information in this matter. If we can be of furth ass' tance, please feel free to contact me. Yours e truly, Mark J. Vierling MJV /smp Enclosures RESPONSES TO INFORMATION REQUESTS JUNKER SANITARY LANDFILL 1. Identify all persons consulted in the preparation of the answers to these Information Requests. ANSWER: The persons consulted in the preparation of these answers are as follows: Ms. LaVonne Wilson, City Clerk, City of Oak Park Heights, Mr. Roger Benson, Director of Public Works, City of Oak Park Heights, Mr. James Butler, Building Inspection Department, City of Oak Park Heights, Chief Lindy Swanson, Chief of Police, City of Oak Park Heights. 2. Identify all documents consulted, examined, or referral to in the preparation of the answers to these Requests and provide copies of all such documents. ANSWER: See Attached. 3. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Requests or who may be able to provide additional responsive documents, identify such persons. ANSWER: Past and re e t e p s n Officers, Agents and Employees of Dunker Sanitation, Inc. 4._ Lit the EPA Identification Numbers of the Respondent. ANSWER: City of Oak Park Heights does not have an EPA Identification Number. 5. Identify the acts or omissions of any person, other than your employees, contractors, or agents, that may have caused the release or threat of release of hazardous substances, pollutants, or contaminants and damages resulting therefrom. ANSWER: Unknown. 6. Identify all persons having knowledge or information about the generation, transportation, treatment, disposal or other handling of material at the Site. ANSWER: Past and present Officers, Agents, and Employees of Junker Sanitation, Inc. 7. Identify all persons, including yourself, who may have arranged for disposal or treatment or arranged for transportation for disposal or treatment of waste materials, including hazardous substances, at the Site. In addition, identify the following: a. The persons with whom you or such other persons made such arrangements; b. Every date on which such arrangements took place; c. For each transaction, the nature or the waste material or hazardous substance, including the chemical content, characteristics, physical state (e.g., solid, liquid) , and the process for which the substance was used or the process which generated the substance; d. The owner of the waste materials or hazardous substances so accepted or transported; e. The quantity of the waste materials or hazardous • substances involved (weight or volume) in each transaction and the total quantity for all transactions; f. All tests, analyses, and analytical results concerning the waste materials; g. The person(s) who selected the Site as the place to which the waste materials or hazardous substances were to be transported; h. The amount paid in connection with each transaction, the method of payment, and the identity of the person from whom payment was received; i. Where the person identified in g., above, intended to have such hazardous substances or waste materials transported and all evidence of this intent; j. Whether the waste materials or hazardous substances involved in each transaction were transshipped through, or were stored or held at, any intermediate site prior to final treatment or disposal; 2 k. What was actually done to the waste materials or hazardous substances once they were brought to the Site; 1. The final disposition of each of the waste materials or hazardous substances involved in such transactions; m. The measures taken by you to determine the actual methods, means, and site of treatment or disposal of the waste material and hazardous substance involved in each transaction. • n. The type and number of containers in which the waste materials or hazardous substances were contained when they were accepted for transport, and subsequently until they were deposited at the Site, and all markings on such containers; o. The price paid for (i) transport (ii) disposal or (iii) both of each waste material and hazardous substance; p. All documents containing information responsive to a - o above or in lieu of identification of all relevant documents, provide copies of all such documents. q. All persons with knowledge, information, or documents responsive to a - p above. ANSWER: Present and past Officers, Agents and Employees of Junker Sanitation, Inc., the City of Oak Park Heights and any of all of its employees and /or public officials, past or present have never arranged for disposal treatment or arranged for transportation for disposal or treatment of waste materials and on sub -parts a) , b) , c) through q) see above. 8. Identify all liability insurance policies held by Respondent from 1970 to the present. In identifying such policies, state the name and address of each insurer and of the insured, the amount of coverage under each policy, the commencement and expiration dates for each policy, whether or not the policy contains a "pollution exclusion" clause, and whether the policy 3 r 1 r covers or excludes sudddn, nonsudden or both types of accidents. In lieu of providing this information, you may submit complete copies of all relevant insurance policies. ANSWER: See Attached. 9. Provide copies of all income tax returns sent to the Federal Internal Revenue Service in the last three years. ANSWER: Municipal corporations are not required to file income tax returns with the Internal Revenue Service. 10. If Respondent is a Corporation, respond to the following requests: a) Provide a copy of the Articles of Incorporation and By- Laws of the Respondent. b) Provide Respondent's financial statements for the past five fiscal years, including, but not limited to those filed with the Internal Revenue Service. c) Identify all of Respondent's current assets and liabilities and the person who currently own or are ' responsible for such assets and liabilities. ANSWER: a) This answering party is a Minnesota Statutory City, consequently the requested information within items a) are not relevant; b See attached annual audit for the past 5 years of the City of Oak Park Heights; and, c) See answer above. 11. If Respondent is a Partnership, provide copies of the Partnership Agreement. ANSWER: Not Applicable. 12. If Respondent is a Trust, provide all relevant agreements and documents to support this claim. ANSWER: Not Applicable. 4 Dated: 1 CITY OF OAK PARK HEIGHTS By: tom ''..- .J� Its �„��,,. /�?',�•C,�.L . 5 r i AFFIDAVIT OF LAVONNE WILSON CITY CLERK CITY OF OAK PARK HEIGHTS STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) I, LaVonne Wilson, upon being first duly sworn on oath deposes and states that she is the City Clerk for the City of Oak Park Heights, a municipal statutory city duly organized under the laws of the State of Minnesota. That your Affiant has reviewed the request for information provided to the City of Oak Park Heights by the United States Environmental Protection Agency and also has received from department supervisors responses thereto. That your Affiant has reviewed the attached responses to such questionnaire and certifies that to the best of her knowledge, the same are true and correct and accurate on behalf of all city staff and do reflect the information currently known to or possessed by the City of Oak Park Heights with regard to each question so listed. FURTHER THAN THIS YOUR AFFIANT SAYETH NOT. Dated: '• • 'taVonne Wilson Subscribed and sworn to before me this /, . day of . 0/a.11- - , 1994. '0 . Publi �LCF1 SHARON M. PRICE _ HOMEY MILK — M$ NNESOTA '_ - WASHINGTON COUNTY My eommis<sion expires 5.27-98 EXHIBIT 2 T " AGREEMENT FOR GARBAGE AND REFUSE COLLECTION THIS AGREEMENT, made and entered into as of the 9th day of FEBRUARY , 1987, by and between the CITY OF OAK PARK HEIGHTS, a municipal corporation, party of the first part, hereinafter called the "City ", and JUNKER SANITATION SERVICE, INC., a Minnesota corporation, party of the second part, hereinafter called the "Contractor ", wherein, in consideration of the mutual covenants herein contained, IT IS AGREED AS FOLLOWS: 1. In accordance with this Agreement, the Contractor shall collect all residential garbage and refuse for collection within the cmoprt►rate boundary in the City at least once each week during the term of this contract; such collection shall include all single and two family residential dwelling units. The Contractor shall also have the exclusive privilege to negotiate with commercial and industrial establishments and multiple dwellings, wherein more than two families reside, for the collection of their garbage and refuse; in the event the Contractor and the owner of such establishment or multiple dwelling are unable to come to an agreement as to charge for such • collection, either party may apply to the City Council for a determination of the cost to be imposed for such collection, which determination shall be binding upon both the Contractor and the owner. The Contractor shall receive his compensation for residential pick -ups monthly directly from the City of Oak Park Heights and the Contractor will assume no responsibility for the billing of residential collections. Billing for commercial pick- ups shall be governed by resolution of the City of Oak Park Heights governing rates and billing procedures. As and for consideration of this Agreement, the City shall pay to the Contractor the following, to -wit: $9.00 per month for each occupied single and 1 two family residential dwelling unit. 2. For the purpose of this Agreement, garbage and refuse as defined is to include refuse of all kinds, both organic and inorganic, that accumulate in the normal operation of a household or business, including grass trimmings, branches, leaves, appliances, tires and other refuse, but specifically excludes rocks, dirt and contractor's material. There shall be no limit as to the quantity of garbage and refuse collected as long as it is placed in appropriate bags and containers or packages, bundled or placed in a manner so as to enable convenient pickup. No collections of garbage.or refuse shall be made except between the hours of 7:00 a.m. and 6:00 p.m. 3. In addition to dwellings, double bungalows, apartments or other living quarters, and commercial and industrial pick -ups, the Contractor shall also pick up, without additional charge, such other trash as is the responsibility of the City or which is accumulated by the City or for the City. An example of this would be street cans and park barrels. Nothing herein shall be construed to prevent the City from making any - 2 - arrangements it deems necessary in enforcing any Court Order affecting the cleanup and removal of garbage, refuse, hazardous buildings or materials. 4. The Contractor k all vehicles and equipment shall keep q p used to pick up garbage and refuse in good mechanical operating condition at all times. The equipment shall be kept clean and as free of odor as possible. The City may make such inspection of the vehicles and equipment as it may require from time to time. 5. The Contractor shall fully comply with the provisions of Oak Park Heights Ordinance No. 502, Disposal of Garbage and Refuse, as well as all health regulations and ordinances of the City of Oak Park Heights and the State of Minnesota, regarding the pick-up, transportation or disposal of P P P refuse resulting from such collection. 6. All commercial and industrial establishments shall have adequate facilities for the storage and collection of garbage and refuse. All occupants of single and multiple dwelling esidential n' g units shall be required to place said garbage and refuse in plastic bags or in a standard type can or container not to exceed thirty (30) gallons in capacity, or shall be required to package or bundle such garbage or refuse in a manner so as to enable convenient pickup. All cans or containers shall be fitted with handles and lids and shall be accessible to the Contractor and kept in one place on the premises. The P P P Contractor or its employees shall handle all cans and containers with reasonable care to avoid damage, and shall replace them in an upright position and shall immediately clean up and dispose of - 3 - all contents thereof which may be spilled, in a workmanlike manner. The City Council shall have the power to arbitrate and resolve any and all types of disputes between the Contractor and customer and customer and Contractor, and enact any rules and regulations which may be required thereby. 7. The Contractor shall furnish the City with a written schedule of the area in which pick -ups will be made each day of the week and shall advise the City Council in writing of any changes in such schedule at least fifteen (15) days prior to the making of such changes. 8. The term of this contract shall be for a period of six (6) years from and after January 1, 1987 and shall, at the -- option of the Contractor, be renewable for any additional term of six (6) years, subject to the following terms and conditions: The contract price as hereinbefore stated shall be subject to negotiation upon each two -year interval of said contract during the regular. term and any extension or renewal thereof, subject to the condition that in the event the Contractor and the City are unable to arrive at a satisfactory agreement relative to any increase or decrease in the amount of the contract, the Contractor may be relieved of its responsibility under this contract upon sixty (60) days' written notice to the City of its intention to terminate the same, provided that such notice must be given no later than sixty (60) days after the completion of each two -year interval of the contract. The City may, at any time, terminate the contract for breach of the terms thereof by the Contractor, or for 4 - unsatisfactory performance thereof, and shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for any breach shall not be deemed a waiver of said right for future violations or for future unsatisfactory performance. 9. The Contractor shall maintain, during the whole periodof this Agreement, general liability insurance for bodily injury in the amount of Five Hundred Thousand Dollars ($500,000.00) for each occurrence, with $500,000.00 aggregate, and property damage in the amount of One Hundred Thousand Dollars ($100,000.00) for each occurrence, with $100,000.00 aggregate, together with automobile liability (bodily injury and property -- damage combined) in the amount of One Million Dollars. (51,000,000.00). The City shall be named as an insured, as well as the Contractor, against liability imposed by law on the City or the Contractor by reason of any act, or omission of the Contractor or the Contractor's employees in connection with the performance of this contract. Such policies shall be approved by the City Attorney and filed with the City Clerk /Administrator. 10. The Contractor shall maintain Worker's Compensation and employers' liability insurance as required by the laws of the State of Minnesota. 11. Copies of all policies, or Certificates of Insurance, evidencing the amount of insurance shall be filed with the City Clerk /Administrator. The policies or certificates shall be executed by the insurer and shall expressly stipulate that the policies are non - cancellable until after ten (10) days' notice in - 5 - . • • writing to the City is filed with the City Clerk /Administrator. Certificates for liability policies must show that the City is one of the parties insured by the respective policies. All insurance policies or certificates shall be subject to the approval of the City Attorney. 12. All garbage and refuse shall be collected in trucks with packer boxes. Said trucks shall be kept clean and neat, well maintained, and labelled with the Contractor's name. The Contractor shall employ sufficient labor to operate all trucks and equipment required under this Agreement. The labor shall be of high caliber and the men shall conduct themselves in a courteous manner and shall be neat at all times. The Contractor shall maintain an office staffed and provided with a telephone so that contact can be made by customers. 13. Throughout the term of this Agreement, the City shall be allowed the right and privilege to set, establish, govern and regulate all rules, regulations, policies and procedures pertaining to the overall collection of garbage and refuse whether or not set forth within this Agreement, and a breach of said policies, procedures, rules or regulations or of any of the conditions herein set forth by said Contractor in any manner or way shall be sufficient cause to allow the City to terminate this agreement at its discretion. 14. The Contractor shall not, without the written consent of the City, sublet, rent, lease, assign, sell, convey, mortgage or otherwise transfer any of its rights under this Agreement to any third party. - 6 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. IN THE PRESENCE OF: PARTY OF THE FIRST PART: City of Oak Park Heights 9 4 1V Aayor Clerk Administrator PARTY OF THE SECOND PART: Junker.- Sanitation Service —Tuc. Ar , 4- / / /- 77 s By 440 /// II I 5 AdrA"' - 7 - s '-‘1 4 „, 4. 41 , 4 4 ; : :,V AMENDMENT TO FEBRUARY 9, 1987 AGREEMENT FOR GARBAGE AND REFUSE COLLECTION WHEREAS, the City of Oak Park Heights, a municipal corporation, hereinafter called "City" and Junker Sanitation Service, Inc., a Minnesota corporation, hereinafter called "Contractor" entered into an agreement on the 9th day of February 1987 for the collection of garbage and refuse within the City of Oak Park Heights; and WHEREAS, both parties herewith are in agreement to amend portions of the February 9, 1987 agreement so as to redefine the term "refuse" as contained within said agreement and to provide _ for the collection of contractors materials, rocks and dirt; and WHEREAS, the City Council for the City of Oak Park Heights has determined the existence of a public benefit to its citizens by making such amendment. NOW THEREFORE, - be it agreed by and between the City and the Contractor to amend the February 9, 1987 Agreement for Garbage and Refuse Collection in the following respects: • ;' A. To amend paragraph 2 of the aforementioned agreement • .to the same in its entirety and substitute the following therefor: 2. For the purpose of this Agreement, garbage and . refuse as defined is to include refuse of all kinds, both organic and inorganic, that _ accumulate in the normal operation of house— hold or business, including grass trimmings, branches, leaves, appliances, tires and other - refuse, including construction debris, rock, 'dirt and other contractor's materials. There shall be no limit as to the quantity of garbage and refuse collected as long as it is placed in appropriate bags and hand containers or packages, bundled or placed in a manner so •■•••• 141 • . • as to enable convenient pickup. No collections of garbage or refuse shall be made except between the hours of 7:00 o'clock a.m. and 6:00 o'clock p.m. Collections of construction debris, rocks, dirt and contractor's material relating to construction shall be by use of drop box provided by the contractor and shall be treated in the same manner as provided for the storage and collection of garbage and refuse from commercial and industrial establishments. Notwithstanding the above, this provision shall not be construed so as to impair any existing contract providing for the removal of construction debris, rock, dirt and other contractor's material for any contract existing on or prior to the effective date of this Amendment. Billing and charges for dumpsters provided for the removal of - • construction debris, rock, dirt and other contractor's materials shall be subject to regulation of the City Council for the City of Oak Park Heights who may establish by Resolution maximum permissible rates for such services. IN WITNESS WHEREOF, the parties have hereunto executed_ • this Amendment to the Agreement for Garbage and Refuse Collection of February 9, 1987 this A0 of , 1989. ;I: 7 '? . • WITNESS: PARTY OF THE FIRST PART: • CITY OF OAR P HEIGHTS „9.44, '-/$16e-e4-74- By:isfAJ--42_4:23ft,/dica Le V Mayor g tyC m i r .erk Ad istrator aZ:it t . !Q - WITNESS: PARTY OF THE SECOND PART: • 2C; • - JUNRER S -- FfoN SERA' - i . ' ',5cfs • as , . rj.• , • Ae1041221111V Its: - tis - By : • • Its: • • • AGREEMENT FOR COp GARBAGE AND REFUSE COLLECTION THIS AGREEMENT, made and entered into as of the 1st day of January, 1975, by and between the CITY OF OAK PARK • HEIGHTS, a municipal corporation, party of the first part, • hereinafter called the "City ", and JUNKER SANITATION SERVICE, INC., a Minnesota corporation, party of the second part, hereinafter called the "Contractor ", wherein, in consideration of the mutual covenants herein contained • IT IS AGREED AS FOLLOWS: In accordance with the conditions hereinafter set • forth, the Contractor shall collect all residential garbage and refuse for collection within the corporate boundary in the City at least once each week during the term of this contract; such • collection shall include all single and two family residential • dwelling units; the Contractor shall also have the exclusive privilege to negotiate with commercial .and industrial establish- ments and multiple dwellings wherein more than two families • reside for the collection of their garbage and refuse; in the • • event the Contractor and the owner of such establishment or • multiple dwelling are unable to come to an agreement as to the charge for such collection, either party may apply to the City Council for a determination of the cost to be imposed for such collection, which determination shall be binding upon both the Contractor and the owner. The Contractor shall receive his compensation for residential pickups monthly directly from the City of Oak Park Heights and the Contractor will assume no responsibility for the billing of residential collections. As and for consideration of this agreement, the City shall pay to the Contractor the following, to -wit: ,2.20 per month for each occupied s4.4gle and two family residential dwelling unit. II For the purpose of this agreement, garbage and refuse as defined is to include refuse of all kinds, both organic and inorganic, that accumulate in the normal operation of a household or business, including grass trimmings, branches, leaves, appliances, tires and other refuse, but specifically excludes rocks, dirt and contractors' material. There shall be no limit as to the quantity of garbage and refuse collected • as long as it is placed in appropriate bags and containers or packaged, bundled or placed in a manner so as to enable convenient pickup. No collections of garbage or refuse shall be made except between the hours of 7:00 a.m. and 6:00 p.m. III in addition to dwellings, double bungalows, apartments or other living quarters, and commercial and industrial pickups, the Contractor shall also pick up without'additional charge such other trash as is the responsibility of the City or which is accumulated by the City or for the City. An example of this • would be street cans and park barrels. IV The Contractor shall submit a written proposal containing a written description of the vehicles and equipment to be used within the City of Oak Park Heights in the performance of.this contract, including the year of make, model, and capacity of the vehicles which will be utilized by the Contractor in collecting garbage and refuse in the City of Oak Park Heights and upon submission of the bid, shall be made available upon the request of the City Council for inspection for mechanical defects. In the event of in- ception of a contract, the Contractor shall make such -2 - vehicles available for additional inspections from time to time as the City Council may require. During the performance of this contract, the Contractor shall advise the City in • writing of any withdrawal of a part of such equipment or of any change therein within one week from the time of making such change. Such changes shall be made only with the • approval of the City Council. v The Contractor shall fully comply with the provisions • of Oak Park Heights Ordinance No. 502, Disposal of Garbage and Refuse, as well as all health regulations and ordinances of the City of Oak Park Heights and the State of Minnesota regarding the pickup, transportation, or disposal of refuse resulting from such collection. VI All commercial and industrial establishments shall have adequate facilities for the storage and collection of • • garbage and refuse. All occupants of single and multiple • dwelling residential units shall be required to place said garbage and refuse in plastic bags or in a standard type can or container not to exceed thirty (30) gallons in capacity, or shall be required to package or bundle such garbage or refuse in a manner so as to enable convenient pickup. All cans or containers shall be fitted with handles and lids and shall be accessible to the Contractor and kept in one place on the premises. The Contractor or his employees shall handle • all vans and containers with reasonable care to avoid damage, and shall replace them in an upright position and shall immediately clean up and dispose of all contents thereof which may be spilled, in a workmanlike manner. The City -3 - • • • • • • ii Council shall have_the power to arbitrate and resolve any and all types of disputes between the Contractor and customer and customer and Contractor, and enact any rules and regula- tions which may be required thereby. VII • The Contractor shall furnish the City with a written schedule of the area in which pickups will be made each day of the week and shall advise the City Council in writing of any changes in such schedule at least fifteen (25) days prior to the makingr of:. suchr.changes . VIII The term of this contract shall be for a period of six (6) years from and after January 1, 1975 and shall, at the option of the Contractor, be renewable for an additional term of six (6) years, subject to the following terms and conditions: The contract price as hereinbefore stated shall be subject to negotiation upon each two -year interval of said contract during the regular term and any extension or renewal thereof, subject to the condition that in the event the Contractor and tha City are unable to arrive at a satis- factory agreement relative to any increase or decrease:ia the amount of the contract, the Contractor may be relieved of his responsibility under this contract upon sixty (60) days' • written notice to the City of his intention to terminate the same „provided that such notice must be given no later than sixty (64) days after the completion of each two -year interval of the contract. The City may, at any time, terminate the contract • -4- for breach of the.terms thereof by the Contractor, or for unsatisfactory performance thereof, and shall not be limited • to an action for damages for breach. Failure to exercise the option to terminate the contract for any breach shall not be deemed a waiver of said right for future violations or for future unsatisfactory performance. IX The Contractor shall maintain, during the whole period of this agreement, public liability insurance in the sum of One Hundred Thousand Dollars ($100,000.00) covering claims for personal injury to one person, and Three Hundred Thousand Dollars ($300,000.00) covering claims to more than one person in the same accident, and Fifty Thousand Dollars ($50,000.00) for claims of injury to property which shall insure the City as a named insured, as well as the Contractor, against liability imposed by law on the City or the Contractor by reason of any act, or omission of the Contractor or the. • Contractor's employees in connection with the performance of this contract. Such policies shall be approved by the City Attorney and filed with the City Clerk. X The Contractor shall execute•and deliver to the City a license bond in the sum of Two Thousand Five Hundred • Dollars ($2,500.00), conditioned upon the faithful perfor- mance of this agreement with corporate surety to be approved by the City Attorney. This agreement shall not become effective until such bond has been delivered to the City and accepted by the City Attorney, and this agreement shall be subject to termination by the City at any time if said bond -5- shall be cancelled or the surety thereon relieved from liability because of failure to pay the premium or termina- tion of the period of the bond without renewal thereof. XI The Contractor shall maintain Workmen's Compensation Insurance as required by the laws of the State of Minnesota. XII Copies of all policies shall be deposited with the City Clerk and certificates evidencing such insurance shall be filed with the City Clerk. The certificates shall be executed by the insurer and shall expressly stipulate that • the policies are non - cancellable until after ten (10) days' notice in writing to the City is filed with the City Clerk. Certificates for liability policies must show that the City is one of the parties insured by the respective policies. 1 All insurance policies or certificates shall be subject to + the approval of the City Attorney. XIII All garbage and refuse shall be collected in trucks with packer boxes. Said trucks shall be kept clean and neat, 'tar ;;;41P00. , well maintained, and labelled with Contractor's name. The Contractor shall employ sufficient labor to operate all trucks and equipment .required under this agreement. The labor shall be of high caliber and the men shall conduct themselves in a courteous manner and shall be neat at all times. The Contractor shall maintain an office staffed and provided with a telephone so that contact can be made by customers. XIV Throughout the term of this agreement, the City -6- • shall be allowed the right and privilege to set, establish, govern and regulate all rules, regulations, policies and procedures pertaining to the overall collection of garbage and refuse whether or not set forth within this agreement, and a breach of said licies procedures, rules or r ula- Po P �J tions or of any of the conditions herein set forth by said Contractor in any manner or way shall be sufficient cause to allow the City to terminate this agreement at its discretion. XV • The Contractor shall not, without the written • consent of the City, sublet, rent, lease, assign, sell, convey, mortgage or otherwise transfer any of his rights under this • agreement to any third party. • • WITNESS: ' CITY OAK PARK HEIGHTS • r II / • . / By Mayo • • B ` c k CO. BY 4 dr, • • • -7- EXHIBIT 8 • ,, H. City of Oak Park Heights We became Oak Park Heights insurance agent in July of 1977. What fo11owt is a listing ofLiability policies that may apply to pollution losses: 1977 -78 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- CO5780 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit *Municipality Endorsement (See Attached) 1978 -79 - Policy #IST- 8462807 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, olis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C09087 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1979 -80 - Policy #IST- 8462807 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C14518 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1 Page Two 1980 -81 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0020263 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1981 -82 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155-00024930 - Interstate Fire and Casualty Company 5001,W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1982 -83 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024900 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1983 -84 - Policy #IST - 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ 2 Page Three 1983 -84 (Cont'd) - Policy #55C- 2045296 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1984 -85 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #55C- 2065528 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1985 -86 - Policy #IST - 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #852106 71978089 - Auto - Owners Insurance P.O. Box 64358 St. Paul, MN 55164 -0358 - Umbrella Liability - $ 2,000,000. 10,000. Retained Limit *Absolute Pollution Exclusion (See Attached) 1986 -87 - Policy #MP824012R - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 5 2 p 5 4 3 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Pollution Exclusion - Form ME 028 (10 -85) See Attached - Policy #U000273 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Pollution Exclusion - Form UME -2 (6 -85) See Attached 3 Page Four 1987 -88 - Policy #MCM 8541 -8 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Form CMC (11 -86) Coverage A. Paragraph 2e. (See Attached) - Policy #UEL 627 -8 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) 1988 -89 - Policy #CMC- 9426 -9 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -87) Cov A. Paragraph 2e. (See Attached) *Form ME043 (5 -88)- Limited Pollution Liab Endt (See Attach) - Policy #MEL 822 -9 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. $10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME -41 (7 -88) Follow Form Except.- Pollution (See Att.) 1989/90 - Policy #CMCIO235 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -88) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1011 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Poll 4 Page Five 1990 -91 - Policy #CMC11055 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -89) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1209 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -89) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1991 -92 - Policy #CMC11938 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -90) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1427 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC 11 -90 Paragraph 2. Exclusions ) g p s (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1992 -93 - Policy #CMC12802 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -91) Cov A. Paragraph 2e. (See Attached) 5 Page Six 1992 -93 (Cont'd) - Policy #MEL 1643 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -90) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1993-94 - Policy #CMC13746 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(3 -93) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1870 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (3 -93) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution *Exception (See Attached) • 6 • • ' ENDORSEMENT NO. 1 • MUNICIPALITY ENDORSEMENT • It Is agreed that this policy (such reinsurance as is afforded by this Certificate), doss not apply to the following liabilities: 1. Bodily injury or property damaged arising out of snob action. riot or civil commotion (or breach of the peace by two or mere persons). or out of say act or omission in cewaectlor with the prevention or supprssiam of any of the foregoing; 2. Any liability arising out of inverse condemnation proceedings instituted or completed by the insured; 3. Any liability arising out of or contributed to by any couplets or partial failure to supply (provide) water, siectricity or gas: it. Bodily Injury or property gangs or loss of, demmge to or teas of mss of prrpsarty directly or indirectly cursed by seepage, pollution or amtaiamtiea, nor the cost of removing. nullifying or cleaning oar, soaping, polluting ar contaminating substawcas, nor any resulting flan, penalties, punitive or exanuolary damages. It is also agreed that, accept as set forth in the $chedrr1. of Underlying insurance, this policy shalt not apply to any claim for breach of duty made against the insured for a negligent act. .rror or emission. AN other terms and conditions remain unchanged. ® INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 15*■C ❑ CHICAGO INSURANCE COMPANY tutted City of Omit Park Knight t Eftaeov. 7-7-TI By - ne•cre4 ia•rn v fG ! ra�,•n •- » .tti - . - sw. - r i .. • � r - - • • .. id's.•" t _ - Y , art ♦ .;i.. _ t - _ . • • • • ABSOLU 1 E POLLUTION EXCLUSION ENDLIiSEMENT . It is agreed that the exclusion relating to bodily injury or property damage caused by irritants. contaminants or pollutants is replaced by the following: to bodily injury or property damage arising out of the discharge. dispersal. release or escape of smoke. vapors. soot. fumes. acids. alkalis. toxic chemicals. liquids or gases. waste materials or other irritants. contaminants or pollutants into or upon land. the atmosphere or any water course or body of water. A u�OOwners it l i cy Z85Q 1 0(011 'o 9 Ems : -7-7 -W/, 26078 (10 -84) • • • POLLUTION EXCLUSION This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: y p (a) at or from premises you own, rent or occupy; r location used by or for III (b) at or from any site a Y you or Y others the handling, storage, disposal, processing or treat - ment of waste material; (c) which are at any time transported, handled, stored, treated, dispose d of or processed as waste by or for you or any person m you may be legally responsible; or organization for wno y y g Y or . p • (d) at or from any site or location on which you or any contractors s or subcontractors working directly or indirectly on your behalf are F erforming operations: (1) to test for, monitor, clean up, removal, contain, treat, • detoxify or neutralize the pollutants, or re brow (ii) if the pollutants brought on or to the site or loc- t g ation by or for you. direction x ensa arising out of any governmental toss, cosy of e p g ( Z ) Any or re quest that you test for, monitor, clean up, remove, contain, ,treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including asbestos, smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. Waste material includes materials which are intended to be • or have been recycles, reconditioned or reclaimed. e_. L n h 7 2 l, L � �- in eS� � e u� `T"he. 1... ct� ! s Ins c�ncc... oti M PS - oil • MEDZS (10 -85) 1 I - POLLUTION EXCLUSION I This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste material; (c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) to test for, monitor, clean up, removal, • contain, treat, detoxify or neutralize the pollutants, or (ii) if the pollutants are brought on or to the site or location by or for you. (2) Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. W aste material des to a inclu materials is which are intended to be or have been recycled, reconditioned or reclaimed. All other terms and conditions remain unchanged. U 0 0273 and 0 Attached to a forming p art of No. Issued to the Ci Oak Park Heights Effective July 7, 1986 By UME - 2 (6 -85) COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict cover- the League of Minnesota Cities Insurance Trust or age. Read the entire coverage agreement carefully LMCIT. to determine rights, duties and what is and is not covered. The words "city" and "covered party" are defined under SECTION 11 - WHO IS COVERED. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declara- Other words and phrases that appear in italics have tions. The words "we ", "us ", and "our" refer to special meaning. Refer to SECTION IV - DEFINI- TIONS. SECTION 1 - COVERAGES COVERAGE A. GENERAL. LIABILITY - 2. EXCLUSIONS BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) This coverage does not apply to: 1. COVERAGE AGREEMENT a. Bodily injury or property damage expected or intended from the standpoint the a. LMC1T will pay those sums that the "covered party ". This exclusion does not "covered party" becomes legally obligated apply to bodily injury resulting from the to pay as damages because of bodily injury use of reasonable force to protect persons or property damage to which this coverage or property. - applies. LMCIT has no other obligation or liability to pay sums or perform acts or • b. Bodily injury or • property damage for services uncovered unless explicitly pro- which the "covered party" is obligated vided for under SUPPLEMENTARY PAY- to pay damages by reason of the assump- MENTS - COVERAGE A, C, 0, AND E. tion of liability in a contract or agreement. This coverage does not apply to bodily This exclusion does not apply to liability • injury or property damage which occurred for damages: before the retroactive date, if any, shown in the declarations nor which occurs after (1) Assumed in a contract or agreement the coverage period. The bodily injury or that is a covered contract; or property damage must be caused by an occurrence. The occurrence must take (2) That the "covered party" would have place in the coverage territory. LMCIT will in the absence of the contract or have the right and duty to defend any agreement. suit seeking those damages. However: c. Bodily injury or property damage for (1) The amount LMCIT will pay for which the "covered party" may be held damages is limited as described in liable by reason of: SECTION 111 - LIMITS OF COVER- AGE; (1) Causing or contributing to the intoxica- tion of any person; .. (2) LMCIT may, at its discretion, investi- • game any occurrence and settle any (2) The furnishing of alcoholic beverages to claim or suit -that may result; a person under the legal drinking age or • under the influence of alcohol; or b. This coverage applies to bodily injury and property damage only if a claim for damages (3) Any statute, ordinance or regulation because of bodily injury or property relating to the sale, gift, distribution or damage is first made against the "covered use of alcoholic beverages. party" during the coverage period. FORM NO. CMC (11 -86) - - 1 - coracan i Th Le.u M • v in e So ��'le5 SUrG�nc�T2c�a't'" ak 4t' b Mc M 5354 -u ace 7 -S7/ This exclusion applies only if you are in the (a) If the pollutants are brought on or business of manufacturing, distributing, to the site or location in connection selling, serving or furnishing alcoholic with such operations; or beverages. (b) If the operations are to test for, d. Bodily injury to: monitor, dean up, remove, contain, treat, detoxify or neutralize the (1) An employee of the "city" arising out pollutants; or . of and in the course of employment by the "city "; or Any loss, cost, or expense arising out of any governmental direction or request that (2) The spouse, child, parent, brother or you test for, monitor, clean up, remove, sister of that employee as a conse- contain, treat, detoxify or neutralize quence of (1) above. pollutants. 1 This exclusion applies: Pollutants means any solid, liquid, gaseous o or a, includ- (1) Whether the "city" may be liable as an ing r smoke thermal , vapor irritant , sootcont, minant fumes,. acids, employer or in any other capacity; and alkalis, chemicals and waste. Waste inaudes materials to be recycled, reconditioned or (2) To any obligation to share damages reclaimed. with or repay someone else who must pay damages because of the injury. f. Bodily injury or property damage arising out of the ownership, maintenance, use or This exclusion does not apply to liability entrustment to others of any aircraft, auto assumed by the "covered party" under a or watercraft owned or operated by or covered contract. . rented or loaned to any "city ". Use in- _. dudes operation and loading or unloading. p 8 e. Bodily injury or property damage arising out of the actual, alleged or threatened This exclusion does not apply to: • discharge, dispersal, release or escape of pollutants: (1) A watercraft while ashore on premises you own or rent; (1) At or from premises you own, rent or occupy; and premises you no longer (2) A watercraft that is: own, rent, lease or occupy; (a) Less than 26 feet long; and (2) At or from any site or. by Not being used to carry persons or or o ers f�r the handling, o be se o ry p or for you r th b th g, b () g storage, disposal, processing or treat- - property for a charge; ment of waste; (3) Parking an auto on, or on the ways (3) Which are at any time transported, next to, premises you own or rent, handled, stored, treated, disposed of, or provided the auto is not owned by or processed as waste by or for you or any rented or loaned to the "covered person or organization for whom you party ". may be legally responsible; or - g. Bodily injury or property damage arising . (4) At or from any site or location on out of the use of mobile equipment in, or which you or any contractors or while in the practice or preparation for, a subcontractors working • directly or prearranged racing, pulling, pushing, speed • indirectly on your behalf are perform- or demolition contest or in any stunting ing operations: activity. FORM NO. CMC (11 -86) - 2 - 1 +' This right or duty to defend is limited as set forth in paragraph 3, below. c, The amount is Wl pay for described eina "defense SECTIONIII - expense" is li LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. d. With respect to any coverage provided by "underly- ing coverage" that is on a claims -made basis, this coverage does not apply to injury or damage which occurred before the Retroactive Date, if any, shown in the Declarations of this covenant, or which occurs after the coverage period. e. This covenant is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying coverage ", except: (1) We will have no obligation under this cove- ,., nant with respect to any claim or suit that is settled without our consent; and (2) With respect to any provisions to the • . contrary contained in this covenant. 2. EXCLUSIONS The exclusions applicable to the "underlying coverage" also : . apply to this covenant. Additionally, this covenant does ti not apply to:. 1 a. Any obligation to pay expenses under any medical , payments coverage. . b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, underinsured motorist, workers compensation, disability benefits or unemployment compensation law or any ; similar law. I c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, or radioactive contamination, however caused. 3. DEFENSE OF CLAIMS OR SUITS • a. When we have the duty to defend, we will pay for - all "defense expense" once our duty to defend begins. We may make investigation of any claim or suit as we think appropriate. UEL -1 (11 -86) Page 2 of 12 . 1' The_ h Le t,12 Crc M Lnocsal�6 -t-, MSLA r ..r>Ge. 1 YU-S i 901i CI # S UEL W.? -g 8f 'eLii ve.; ' - 7- ? -7 )83 ""%4 - ...... �.-' _ -• . - .. c . ...t .. .. __.. s..J'rin.. °^....�Yr�.a. ..: -%iFy� ': vi .:i.....•- • y am .. LIMITED POLLUTION LIABILITY ENDORSEMENT In consideration of the additional premium listed below, it is agreed that Exclusion e. under Coverage A and Exclusion e. under Coverage E are amended by inclusion of subsection e. (5) as follows: (5) This exclusion does not apply with respect to "bodily injury" or 'property damage ': (a) which occurred entirely above ground caused by the actual, alleged or threatened discharge, dispersal, release or escape of pollutants the result of a 'sudden occurrence' which occurred on or after the retroactive date shown below and prior to the expiration date of this covenant; or (b) which was caused by the discharge or dispersal of mace, tear gas or similar agent which occurred on or after the retroactive date shown below and prior to the expiration of this covenant if such discharge or dispersal was for the purpose of protecting persons or property or incident to an arrest. "Sudden occurrence" means an accident which happens entirely above ground and the pollution resulting therefrom which begins and ends within seventy -two (72) hours following the accident and in the case of a related series of accidents, the "sudden occurrence" will be deemed to have taken place when the first accident in the related series of such accidents took place. With respect to damages recoverable under this endorsement, the liability of LMCIT under this covenant for loss and loss adjustment expenses to include legal defense costs, shall not exceed 3600,000 per occurrence and 3600,000 in the- aggregate annually. With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- plemental extended reporting periods under Section VI - Condition, are waived and no extended reporting period is provided. Addition Premium s Included Endorsement Effective Date 7 - - Retroactive Date _ 4 -: ; All other terms and conditions remain unchange.. Authorized Signature C mtx y < The_ Leg �'e eC !t-( � nne?S0fir_�,, Crt V Lrra nce, tS t -- - Qe ec - rive t 7-1 - S 3 I Sc? ME043 (5/88) • 7 COMPREHENSIVE MUNICIPAL COVERAGE / �/ ov i n th covenant restrict coverage. The words - city and 'covered party are defined under (tire coverage agreement carefully to deter SECTION I1 - WHO IS COVERED. , dutics and what is and is not covered. Other words and phrases that appear in italics have out this covenant thc words you and "your special meaning. Refer to SECTION IV - DEFINI- ' /he 'city" shown in thc Declarations. The words TIONS. . and our" cf r to the League of Minn r c F Minnesota cl res Insurance Trust or LMCIT. SECTION I • COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which thc BODILY INJURY AND PROPERTY DAMAGE "covered party is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the 'covered (1) Assumed in a contract or agreement -that party becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or property damage to which this coverage applies. LMCIT (2) That the "covered party" would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the PAYMENTS - COVERAGE A, C, D, AND E. "covered party may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will CIT aril have the under the influence g!e o7' of alcohol; or right and duty to defend any suit seeking those damages. However. (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of The amount LMCIT will pay for (1 ) p y o derma alc oholic beverages. a8 es. is limited as described in SECTION O Ill - LIMITS OF COVERAGE; This exclusion applies only if 'you" are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and properly display permit. damage only if a claim for damages because of . bodily injury or property damage is first made d. Bodily in" ly lwy to: against the "covered art during the coverage o P �' g period. (1) An employee of the "city arising out of and in the course of employment by the 'city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or properly damage expected or in - above. tended from the standpoint " P 0 of the covered party'. This exclusion does not apply to bodily in This exclusioe applies: jury or property damage resulting from the use of force to protect persons or property. (1) Whether the "city' may be liable as an employer or in any other capacity; and LJACIT CMC (11 -86) (Rev. 1147) - 1 - v ` ' s ■ _ ` 2 To any obligation to share damages with (a) Less than 26 fcct long; and ' -... or repay someone else who must pay damages because of thc injury. (b) Not being used to carry persons or .. : , • property f or a charge; This exclusion does not apply to liability assumed ,` • by the "covered party" under a covered contract. (3) Parking an auto on, or on the ways next to, premises you own or rent, provided the 'e. Bodily injury or property damage• arising out of the auto is not owned by or rented or loaned actual, alleged or threatened discharge, dispersal, to the "covered party. release or escape of pollutants: g. Bodily injury or property damage arising out of the (1) At or from premises "you" own, rent, lease, use of mobile equipment in, or while in thc prac- or occupy, and premises you no longer tics or preparation for, a prearranged racing, put- own, rent, lease or occupy; ling, pushing, speed or demolition contest or in • any stunting activity. (2) At or from any site or location used by or for "you" or others for the handling, h. Bodily injury or property damage due to war, storage, disposal, processing or treatment whether or not declared, or any act or condition of waste; incident to war. War includes civil war, insurrec- tion, rebellion or revolution. (3) Which are or were at any time transported, handled, stored, treated, disposed of, or L Property damage to: a processed as waste by o r for yo or any person or organization for whom "you" may (1) Property the city owns, rents, or occupies, g an w Yo Y be legally responsible; or (2) Premises the "city" sells, gives away or (4) At or from any site or location on which abandons, if the properly damage arises out "you" or any contractors or subcontractors of any part of those premises; working directly or indirectly on 'your" be- half are performing operations: (3) Property loaned to the 'city"; (a) If the pollutants are brought on or to (4) Personal property in the care, custody and control of the "city; site or location in connection with �i the sit o ocap such operations; or That particular part of real (5) P P property on Midi the "city" or an (b) If the operations are to test for, tY" any contractors or sub - monitor, clean up, remove, contain, contractors working • 4irectly or indirectly treat, detoxify or neutralize the pol- on "your" behalf are performing opera- d o if t he property damage lutants; or tions, P Pefi' 8e arises out of those operations; or Any loss, cost, or expense arising out of any "you" Work performed b 6 governmental direction or request that you test (6) Pe by or on behalf of the for, monitor, clean up, remove, contain, treat, "city" arising out of your work or any por- detoxify , or ow of mat or neutralize Mutants. lion materials, Parts ' Po equipment furnished in connection there - Pollutants means any solid, liquid, gaseous or with; thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and Y our product arising g out of it or any part waste. Waste includes materials to be recycled, of it. • reconditioned or reclaimed. and of this exclusion Paragraph (3) , (4 ), (5) an (6) apply f. Bodily injwy or property damage arising out of the do not pp y to liability assumed under a sidetrack e or entrustment to ment. ownership, maintenance, use agr ce p, , others of any aircraft, auto or watercraft owned • d This exclusion does not apply to damage by fire rented or loaned to any covert PP or operated by or eased o oan y party'. Use includes operation and loading or un to premises rented to the "city. A separate limit loading. of coverage applies to this coverage as described in SECTION III - LIMITS OF COVERAGE. This exclusion does not apply to: j. Damages claimed for any loss, cost or expense in- (1) A watercraft while ashore on premises curred by the 'city' or others for the loss of use, "you' own or rent; withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of (2) A watercraft that is: LMCTT CMC (11-86) (Rev. 11.87) - 2 - . FOLLOW FORM EXCEPTION - POLLUTION It is hereby understood and agreed that the Limited Pollution Liability Endorsement ME043(5 -88) provided the city under their Municipal General Liability Coverage does not apply to Municipal Excess Liability Coverage. • • 111 other terms and conditions remain unchanged. Attached to and forming part of No. MEL 822 -9 Issued to the City of Oak Park Heights Effective 7/7/88 By Cam Ti1e, L �Y ° ue c� M ►nne5ufalit,e S-ThSuraznCe., I x. • • UME -41 (7/88) MUNICIPAL EXCESS LIABILITY COVERAGL Various provisions in this covenant restrict coverage. "we ", 'us" and our refer to the League of Minnesota Read the entire coverage agreement and any undertying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words 'you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) We will have no obligation under this covenant with respect to any claim or suit a. "We" will pay those sums, in excess of the amount that is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable Iimits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments overage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this overage" may apply. "We" automobile no-fault, uninsured motorist, under- ' will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un- ability benefits or unemployment compensation denying coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3, DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When 'we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there . coverage" does not apply to any injury or damage, is no duty, 'we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. 'Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCT MELC (11 -86) (Rev. 11.87) - 1 - - ovenant Number. ti �r :;�;� Municipal General Liability Decla__cions Coverage is Provided by CMC 10235 �'• �--'"" THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST - • - (Herein called LMCIT) League of Minnesota Cities • Item 1. CITY: Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: Year(s) • From: / - 1 C) q To: - 7- 7-5D 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: • City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: - "' IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT PRODUCTS COMPLETED OPERATIONS ANNUAL. AGGREGATE LIMIT m FIRE DAMAGE LIMA' 3 50.000 MEDICAL. EXPENSE LIMIT f 1.000 /S10,000 occurrence aggregate LIMITED POLLUTION LIABILITY • Naugg Per 'sudden • /$600000 annual ante • Limit includes loss, last adjustment expense, and legal defense costs Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): S250 Per Claim or Per Endorsement OR • OTHER: Item 6. RETROACTIVE DATE 7/7/87 • LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL -1 (11/86) GL0300, EBPL, MEO14 • Exe Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by: North Star Risk Services,. Inc t, / COMPREHENSIVE MUNICIPAL COVERAGE / Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under �/ Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words you and "your" special meaning. Refer to SECTION IV - DEFINI- r refer to the "city" shown in the Declarations. The words TIONS. "we, "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party' is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion elusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agr that party" becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or ro damage to which this coverage applies. LMC T (2) That the "covered party" would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- 1 plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the ' PAYMENTS - COVERAGE A, C, D, AND E. "covered party" may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will have the under the influence of alcohol; or right and duty to defend any suit seeking those damages. However. (3) Any statute, ordinance or regulation relat- ing s (1) The amount LMCIT will pay for damages alcoholic beverages. distribution or use of is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if you " are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this ' provision, license does not mean a consumption and b. This coverage applies to bodily injury and propeny display permit. damage only gr o y if a claim for damages because of bodily injury or property damage is first- made d. Bodily injury to: against the "covered party during the coverage period. (1) An employee of the "city" arising out of and in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered 1 party'. This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the - city" may be liable as an to an arrest. employer or in any other capacity, and LMCIT CMC (11.86) (Rev. 11-88) - 1 (2) To any obligation to share damages with allege°, ,Jr threatened discharge, dispersal, or repay someone else who must pay release, or escape of pollutants resulting damages because of the injury. _ from a sudden occurrence which took place on or after the retroactive date shown in This exclusion does not apply to liability assumed the Declarations and prior to the expiration by the "covered party" under a covered contract. date of this covenant; or e. Any loss, cost, or expense arising out of any (2) which was caused by the discharge or dis- governmental direction or request that' you test persal of mace, tear gas or similar agent for, monitor, clean up, remove, contain, treat, which took place on or after the Limited detoxify or neutralize pollutants; or Pollution Liability retroactive date shown in the Declarations and prior to the expira- Bodily injury or property damage arising out of the tion of this covenant if such discharge or actual, alleged or threatened discharge, dispersal, dispersal was for the purpose of protecting release or escape of pollutants: persons or property or incident to an ar- rest. (1) At or from premises "you" own, rent, lease, or occupy, and premises "you" no longer With respect to coverage provided under Limited own, rent, lease or occupy Pollution Liability, the basic extended reporting period and the supplemental extended reporting Pe PP Po g (2) At or from any site or location used by or periods under Section VI - Conditions are not for "you" or others for the handling, available. storage, disposal, processing or treatment of waste; f. Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to (3) Which are or were at any time transported, others of any aircraft, auto or watercraft owned handled, stored, treated, dispo sed of, or or operated by or rented or loaned to any "covered processed as waste by or for 'you" or any . Use includes ration and loading Y Yo Y P � � 8 or un- person or organization for whom "you" may loading. be legally responsible; or This exclusion does not apply to: (4) At or from any site or location on which "you" or any contractors or subcontractors (1) A watercraft while ashore on premises working directly or indirectly on "your" be- . "you" own or rent; half are performing operations: (2) A watercraft that is (a) If the pollutants are brought on or to the site or location in connection with (a) Less than 26 feet long and such operations; or (b) Not being used to carry persons or (b) If the operations are to test for, property for a charge; monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- (3) Parking an auto on, or on the ways next to, lutants; or premises "you" own or rent, provided the auto is not owned by or rented or loaned Pollutants means any solid, liquid, gaseous or to the "covered party". thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and g. Bodily injury or property damage due to war, waste. Waste includes materials to be recycled, whether or not declared, or any act or condition reconditioned or reclaimed. incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Limited Pollution Liability h. Property damage to: Exclusion e does not apply with respect to bodily injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and (2) Premises the "city" sells, gives away or not within or on the surface of any lake, abandons, if the property damage arises out stream, surface water, or other body of of any part of those premises; water; and which was caused by the actual, (3) Property loaned to the "city"; Ps; LMCrT CMC (11 -86) (Rev. 11-88) - 2 - 72689raw 7. Covenant Number. Municipal Excess - Liability Declarations _ M EL. 1011 Coverage is Provided by: _ THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST League of Minnesota Cities (Herein called LMCIT) -Made MEL- 822 -9 Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th St. P.O. Box 2007 Item 2. COVERAGE PERIOD: One Years) ti Z lwater, MN 55082 From: July 7, 1989 To: July 7, 1990 12:01 A.M. Standard Tune at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. I" Item 4. THE COVERED PARTY IS: xx cry Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE Each Occurrence Limit S 1, 000 , 000 Aggregate Limit S 1, UUU, UUU Minimum Retention S 10 , 000 Item 6. PREMIUM: S 7 , 724. Item 7. AUDIT PERIOD: Annual Xx None Othez escribe (D ) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by: LMCTT Covenant Number: CMC 10235 Coverage Period: From: 7/7/89 To: 7/7/90 Including those coverages x'd below: r ""m -�. Automobile - Geaerai X Erma or W W Liability Liability Omissions ,.� ct ^ Limits: 5600,000 t L 5600,000 C L 5600,000 cm _ r Z Z •Ctsiras Made' O 'Claims Made' ¢W p V Occurrence Retroactive Retroactive Y �O Coveta;e Date Dace: w, _ 7/7/87 7/7/87 �l,� r • Employers Liability Insurance: z Po cyy Number. $200 000 00,000/600,000 i Policy Term: 7/7/89 To: / / / /9U Other: Carrier: Policy Number. Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC (1i -R7l , E -4 11 ) , UME -23 (11/86) , UME -43 (11/86) , UMt- 44(iT/ual Execuuve ector, IJCIT LMCIT DEC -017 (11 -86) (Rev, 11 -88) Administered by: North Star Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE , f , - , : ' in this covenant restrict coverage. "we", "us" and our refer to the League of Minnesota T "' - Vadoos P (O"`s' o agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. r . lime tUs uti+i ., , . Wi w de termine rights, duties and what is w' °'ee� ot n c overe d . The words this coverage" mean the liability coverage A - M' provided under this covenant. - ' t this covenant the words you and "your" `= shown in t h e D ec l arat i ons. Th words Other words and phrases that appear in italics have 2; . mkt to the 'city' P PPS special meaning. Refer to SECTION III - DEFINI- f >M TIONS. W �fL_ SECTION I - LIABILITY COVERAGE r 1- COVERAGE AGREEMENT (1) "We" will have no obligation under this o any claim or with a. we will pay those sums, in excess of the amount covenant toed without t our" consent; and suit payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or • trary contained in this covenant, - damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this coverage" may apply. "We" automobile no-fault, uninsured motorist, under- will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un- ability benefits or unemployment compensation derly+ing coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once our duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as we think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, this If we exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we will pay only that defense expense or personal injury offense, or negligent act, error, "we incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) • If we provide a defense, we may investigate any which occurred or were committed before the claim or suit at "our" discretion. we may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when we have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle- . the underlying coverage, except: LMCIT MELC (1146) (Rev. 11-87) - 1 - EXTENDED REPORTING PERI00 - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1011 Issued to the City of Oak Park Heights Effective 7/7/89 By UME -43 (11/88) . • .' • t Covenant Number. Municipal General Liability Decaal ,ons Coverage is Provided by: CMC - 11055 THE LEAGUE OF MINNESOTA CITIES � • INSURANCE TRUST =: ' •, (Herein called LMCIT) League of Minnesota Cities - Item 1. CITY: Oak Park Heights 21aijiis1\'1ade Item 2. COVERAGE PERIOD: Year(s) From: / -7 <= To: - 7 — i j 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) , Item 4. LIMITS OF COVERAGE: "" IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT • PRODUCTS COMPLETED OPERATIONS ANNUAL. AGGREGATE LIMIT sauca FIRE DAMAGE LIMIT $ 50U MEDICAL EXPENSE LIMIT ; 1 .000 /510,000 occurrence aggegite UMTTED POLLUTION I.IAatI.ITY 'NEM per 'sudden occurrence/3600.000 annual aggssgate • Limit includes lost, loss adjustment expense, and legal defense costs Item S. GENERAL LIABILITY DEDUCTIBLE (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: • Item 6. RETROACTIVE DATE 7/7/$7 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL -1(11/86) five trector, LMCTT LMCIT DEC -013 (11 -86) (Rev. 11-88) Administered by: North Star Risk Services, Inc. W r 1 ' COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE are defined under .. "covered art e The words "at and co party* a Various provisions in this covenant restrict coverage. Y Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. ' mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you' and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and our refer to the League of Minnesota Cities Insurance Trust or LMCIT. • SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to I- L COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreem that to a party" becomes legally obligated pay as dam- is a covered contract; or ages because of bodily injury or properly damage would have in the to which this coverage applies. LMCIT has no (2 ) That the "covered party' other obligation or liability to pay sums or per- absence of the contract or agreement. form acts or services uncovered unless explicitly • d amn for which the • provided for under SUPPLEMENTARY PAY - c. Bodily ' M injury or property damage MENTS - COVERAGE A, C, D, AND E. This "covered party" may be held liable by reason oft coverage does not apply to bodily injury or prop - erty damage which occurred before the retroac- (1) Causing or contributing to the intoxication tive date, if any, shown in the Declarations or of any person; which occurs after the coverage period. The bod- i ily injwy or property dam oE•alcoholic age must be caused by (2) The furnishing beverages to a an occurrence. The occurrence must take place in person under the legal drinking age or un- the coverage territory. LMCIT will have the right der the influence of alcohol; or and duty to defend any suit seeking those dam- ages. However. (3) 3 Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur- alcoholic beverages or if "you" n' in alto " serve or furnish Y {2) LMCIT may, at its discretion, investigate nishing g if a license is re- without a.charge $ any occurrence and settle any claim o r suit alcoholic beverages that may result. quired for such activities, For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. . for dams because of a only if a claim o damage y 8� bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage (1) An employee of the "city" arising out of and period. in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. . tended from the standpoint of the "covered party". This exclusion does not apply to bodily in- This exclusion applies: jury . or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the "city may be liable as an em- to an arrest. ployer or in any other capacity; and pap l of' l:f LMCIT CMC (1146) (Rev. 11-89) (2) To any obligation 1 share damages with the r 'clarations and prior to thc expiration or repay someone . se who must pay dam- data .. this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- This exclusion does not apply to liability assumed persal of mace, tear gas or similar agent by the "covered party' under a covered contract which took place on or after the Limited Pollution Liability retroactive date shown e. Any loss, cost, or expense arising out of any in the Declarations and prior to the cxpir- governmeatal direction or request that "you" test ation of this covenant if such discharge or for, monitor, clean up, remove, contain, treat, dispersal was for the purpose of protecting detoxify or neutralize pollutants; or persons or property or incident to an ar- rest. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, (3) which begins and ends within a 72 hour release or escape of pollutants: period following the accidental rupture, backup, or overflow of the "city's" sanitary (1) At or from premises you own, rent, lease, . sewer, storm sewer, or water supply sys- or occupy, and premises "you" no longer terns. In case of a related series of acciden- own, rent, lease or occupy, tal events the accidental rupture, backup or overflow of the "city's' sanitary sewer, (2) At or from any site or Location used by or storm sewer, or water supply system, will for "you" or others for the handling, be deemed be have taken place when the storage, disposal, processing or treatment first accidental event in the series of ac- of waste; cidental events took place. (3) Which are or were at any time transported, f. Bodily injury or property damage arising out of the handled, stored, treated, disposed of, or ownership, maintenance, use or entrustment to processed as waste by or for "you" or any others of any aircraft, auto or watercraft owned person or organization for whom you may or operated by or rented or loaned to any "covered - be legally responsible; or party. Use includes operation and loading or un- loading. (4) At or from any site or location on which . "you" or any contractors or subcontractors This exclusion does not apply to: working directly or indirectly on "your' be- half are performing operations: (1) A watercraft while ashore on premises you own or rent; (a) If the pollutants are brought on or to the site or location in connection with (2) A watercraft that is such operations; or If the o (a) Less than 26 feet long and (b) operations are to test for, mon- itor, clean up, remove, contain, treat, (b) Not being used to carry persons or detoxify or neutralize the pollutants; property for a charge; or (3) Parking an auto on, or on the ways next to, Pollutants means any solid, liquid, gaseous or premises "you" own or rent, provided thc . thermal irritant or contaminant, including smoke, auto is not owned by or rented or loaned vapor, soot, fumes, acids, alkalis, chemicals and to the "covered party'. waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. Bodily injury or property damage due to war, whether or not declared, or any act or condition Limited Pollution Liability incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Exclusion e does not apply with respect to bodily injury or properly damagee. h. Properly damage to: (1) which took place entirely above ground and (1) Property the "city" owns, rents, or occupies; not within or on the surface of any lake, stream, surface water, or other body of (2) Premises the "city" sells, gives away or water, and which was caused by the actual, abandons, if the property damage arises out alleged, or threatened discharge, dispersal, of any part of those premises; release, or escape of pollutants resulting from a sudden occurrence which took place (3) Property loaned to the "city"; on or after the retroactive date shown in LMCTr cMC (1146) (Rev. 11-89) page 2 of 13 . Covenant Number. Municipal Excess Liability Declarations -- MEL- 1,09 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities Previous Covenant Number. INSURANCE TRUST (Herein called LMCIT) s� ?� ss�� MEL- 1(111 Claims -Made Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: one Year(s) From: July 7, 1990 To: July 7, 1991 1201 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: xx City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: ' Each Occurrence Limit S 1,000,000 Aggregate Limit S 1,000,000 Minimum Retention S 10,000 (If Applicable) Item 6. PREMIUM: S 7,264. • D: Annual None Other (Describe) Item 7. AUDIT PERIOD: � ....xx... h (D ) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by: LMCTT Covenant Number. CMC 11055 Coverage Period: From: 7/7/90 To: 7/7/91 1 those coverages x'd below: ."" X Automobile X General X Errors Of "` ...r• - Lability — liability Otnssions •-• ,,,,l 0 its: $600,000 C L, 5600,000 CST. 5600,000 CSI. 5 161 ., g -�. 'Claims Made' 'Claims Made' Occurrence Retroactive Reuoaetive Z ."" p cn Coverage Date: Date oe CO N z _ 7/7/87 7/7/87 , Y^� 0 ployers Liability Insurance: CI._ Carrier. LMC I T Coverage B Limits: co o a f a Policy Number: . $200.000/$600.000/$600.000 w� Po li cy Term: To: 0 t a u . Other: Carrier: Policy Number. Q Poli T erm: 7/7/90 To: 7/7/91 Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: M 4, M -4 : • - : • Li -' :: UME - 44(11/88) , UME - 45(11/89) Executive Director , LMCTT LMCIT DEC - 017 (11 - 86) (Rev. 11 -89) Administered by: North Star Risk Services, Inc. MUir1CIPAL EXCESS LIABILITY COV,..:AGE Various provisions in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words you and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying covaage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto- damage to which "this coverage" may apply. "We" mobile no-fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, a unemployment when the applicable limit of coverage of the un disability benefits or ploym com pe nsa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. is paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We " may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11-86) Rev. 11-89) page 1 of 6 , • EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1209 Issued to the City of Oak Park Heights Effective 7/7/90 1n. • • By • UME -43 • (11/88) Covenant Number. Municipal General Liability Declarations 11938 Coverage is Provided by: CMC - THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities INSURANCE TRUST (Herein called LMCIT) Claims-Made Iteta 1. CITY(S): Oak Park Heights Item 2. COVERAGE PERIOD: Year(s) From: - " q 1 To: - 7 - - `1 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions • Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) — Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS ' STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE UNIT $600.000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LDfrr FIRE DAMAGE LIMIT 3 50,000 MEDICAL EXPENSE LTMTT 3 1.000/510,000 oee urrence aggregate LIMITED POLLUTION LIABILITY • 3600.000 per 'sudden occurrence/3600.000 annual agytgate • Limit includes lass,, loss adjustment expense. and legal defense emu. Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) • BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): 5250 Per Claim or Per Endorsement OR OTHER Item 6. RETROACTIVE E: 7 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL -1( 11/86) Executive Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by North Star Risk Services, Inc. - .1 COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city' and "covered party are defined under Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appcar in italics have Throughout this covenant the words you and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city' shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) b. Bodily injury or property damage for which the "covered party is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not to a. LMCIT will pay those sums that the "covered liability for damages: party' becomes legally obligated to pay as dam - ages because of bodily injury or property damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract; or other obligation or liability to pay sums or per - . form acts or services uncovered unless explicitly (2) That the "covered party' would have in the provided for under SUPPLEMENTARY PAY- absence of the contract or agreement. MENTS - COVERAGE A, C, D, AND E. This coverage does not apply to bodily injury or prop- c. Bodily injury or propeny damage for which the erty damage which occurred before the retroac- "covered party may be held liable by reason of: tive date, if any, shown in the Declarations or which occurs after the coverage period. The bad- (1) Causing or contributing to the intoxication ily injury or property damage must be caused by of any person; an os¢urrence. The occurrence must take place in the coverage territory. LMCIT will have the right (2) The furnishing of alcoholic beverages to a and duty to defend any suit seeking those darn- person under the legal drinking age or un- ages. However. der the influence of alcohol; or (1) The amount LMCIT will pay for damages (3) Any statute, ordinance or regulation relat- is limited as described in SECTION III - ing to the sale, gift, distribution or use of LIMITS OF COVERAGE; alcoholic beverages. (2) LMCIT may at its discretion investigate This exclusion applies only if "you" are in the business any occurrence; and, unless the first "city" of manufacturing, distributing, selling, serving, or fur - shown in the Declarations has given notice nishing alcoholic beverages or if "you" serve or furnish as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any claim or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption and display permit. b. This coverage applies to bodily injury and property damage only if a claim for damages because of d. Bodily injury to: bodily injury or property damage is first made against the "covered party' during the coverage (1) An employee of the "city" arising out of and period. in the course of employment by the "city"; or 2. EXCLUSIONS This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered party'. This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of (1) Whether the "city" may be liable as an em- force to protect persons or property, or incident player or in any other capacity; and LMCLT CMC (11 -86) (Rev. 11 -90) pace 1 of 14 (2) To any obligation ;hare damages with • - the r Irations and prior to the expiration or repay someone e..,.. who must pay dam date c,. this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited • by the "covered party under a covered contract. Pollution Liability retroactive date shown e. Any loss, cost, or expense arising out of an in the Declarations and prior to the expir- y ation of this covenant if such discharge or governmental direction or request that "you" test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or property damage arising out of the (3) which begins and ends within a 72 hour actual, alleged or threatened discharge, dispersal, period following the accidental rupture, release or escape of pollutants: backup, or overflow of the "city's" sanitary remises "you" own, sewer, storm sewer, or water supply sYs- (1) At or from p yo wn, rent, lease, terns. In case of a related series of acciden- or occupy, and premises "you" no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, (2) At or from any site or location used by or storm sewer, or water supply system, will Y be deemed be have taken place when the for you or others for the handling, first accidental event in the series of ac- storage, disposal, processing or treatment cidcntal events took place. of waste; f. Bodily injury or property damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled, stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated or rented or loaned to any "cove " by red person or organization for whom you may .Use Y Y includes operation and - be legally responsible; or P�Y' or ern Pm a loading loading. (4) At or from any site or location on which This exclusion does not apply to: "you" or any contractors or subcontractors working directly or indirectly on "your" be- (1) A watercraft while ashore on premises half are performing operations: you own er rent; (a) If the pollutants are brought on or to (2) A watercraft that is: the site or location in connection with such operations; or (a) Less than 26 feet long and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises "you" own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or rented or loaned thermal irritant or contaminant, including smoke, - r soot, fumes, g to the covered party. va Po ► t, es, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. Bodily injury or properly damage due to war, reconditioned or reclaimed. whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability tion, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or properly damage: (1) which took place entirely above ground and (1) Property the "city" owns, rents, or occupies; not within or on the surface of any lake, (2) Premises the "city" sells, gives away or stream, surface water, or other body of abandons, if the property damage arises out water; and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property loaned to the "city'; from a sudden occurrence which took place on or after the retroactive date shown in LMCIT CMC (11-86) (Rev. 11 -90) page 2 of 14 • Covenant Number. Municipal Excess Liability Declarations MEL 1422 - Coverage is Provided by: • THE LEAGUE OF MINNESOTA CITIES pILIIN Previous Covenant Number. INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities MEL- 1909 ti y , -- Item 1. CITY and MAILING ADDRESS: Ci ty of Oak Park Heights 14168 57th Street, P.O. Box 2007 Item 2. COVERAGE PERIOD: one Stillwater, s MN 55082 Frotn: July 7 , 1991 To : July 7, 1992 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE 717/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) — Item 5. LIMITS OF COVERAGE Each Occurrence Limit $ 1,000,000 Aggregate Limit S 1,000,000 Minimum Retention S in inn (If Applicable) Item 6. PREMIUM: S 7,39 7 . Item 7. AUDIT PERIOD: Annual xxNone Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by LMCIT Covenant Number. CMC 11938 Coverage Period: From: 7/7/91 To: 7/7/92 Including those coverages x'd below Automobile X General X Errors or Liability Liability Omissions Limits: 5600,000 at. 5600,000 at. 5600.000 CSt. S 'Claims Made' 'Clams Made' Occurrence Retroactive Retroactive Coverage Date: Date: 7/7/87 7/7/87 Employers Liability Insurance: Carrier: LMCIT Coverage B Limits: Policy Number. 5200,000/600,000 /600 Policy Term: 7/7/91 To: 7/7/92 Other: Carrier: Policy Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT . AT ISSUE: M i -' UMME -' 1. 86 UME -23 11 -86 , UME -43 11/88) , UME - 44(11/88) v .� r� Executive trector, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11.90) Administered by North Star Risk Services, Inc. _ _- `!, MUNICIPAL E X LIABILITY COVERAGE CESS L Various provisions in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota . Read the entire coverage agreement and any underlying Mies Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words you and "your" refer to the 'city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying age that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "eve" will pay only those sums in excess of does not apply to: the Minimum Retention a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto- damage to which this coverage may apply. We mobile no-fault, uninsured motorist, underin- wi7l have a duty to defend such claims or suits mired motorist, Workers Compensation, when the applicable limit of coverage of the un disability benefits or unemployment componsa- derlying cove has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex pease subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount we will for and defense PaY �� clef •-• .. expense is limited as described in SECTION 11 - a. When "we" have the duty to defend, we will pay LIMITS OF COVERAGE. Damages include for all defense apense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as we think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, this If "Nye" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, 'we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "eve provide a defense, "we may investigate any which occurred or were committed before the claim or suit at our discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: intern MEI.0 (11-86) (Rev. 11-90) page 1 or 6 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the • basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. AlT other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1427 Issued to the City of Oak Park Heights Effective 7/7/91 By UME -43 (11/88) • Covenant Number: Municipal General Liability Decla ions Coverage is Provided by: ' CMC - 12802 THE LEAGUE OF MINNESOTA CITIES - INSURANCE TRUST • (Herein called LMCIT) League of Minnesota Cities Item 1. CITY: City of Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: One Year(s) From July 7 , 1992 To: July 7, 1993 1201 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: • EACH OCCURRENCE LIMIT PRODUCTS COMPLETED OPERATIONS ANNUAL, AGGREGATE LLMIT mum FIRE DAMAGE MGT ; 50.000 MEDICAL EXPENSE LIMIT ; 1.000 /$10,000 occurrence ague ma= POLLUTION LIABILITY • ingS2 per 'sudden oet tueece• /S600,000 annual t* • Limit includes lass, loss adjustment expense, and legal defense costs. Item S. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): S250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 • LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86 ) WA cutive Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -91) Administered by: Berkley Risk Services, Inc. A . COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant �r� I' �o B SECTION II - WWHO and IS COVERED. are defined under Read the entire coverage agreement Y mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words you and "your" special ONS. meaning. Refer to SECTION IV - DEFINI- t refer to the 'city" shown in the Declarations. The words eve', "us", and our refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE o r �, damage for which the pe (CLAIMS MADE BASIS) b Bow' injury Pro 'covered party' is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not apply to a. LMCIT will pay those sums that the "covered liability for damages: party' becomes legally obligated to pay as dam- ages because of bodily injury or propem+ damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract; or other obligation or liability to pay sums or per- That the "covered party' would have in the form acts or services uncovered unless explicitly (2 ) absence of the contract or agreement. provided for under SUPPLEMENTARY PAY- MENTS - COVERAGE A, C, D, AND E. This ro damn for which the coverage does not apply to bodily injury or prop- c. B be h eld liable by reason of: eny damage which occurred before the retroac- d injury or party m tive date, if any, shown in the Declarations or Causing or contributing to the intoxication which occurs after the coverage period. The bod- (1) 11 Y injury or prop' damage must be caused by of any person; an occurrence. The occurrence must take place in The furnishing of alcoholic beverages to a the coverage territory. LMCIT will have the right (2 ) person under the legal drinking age or ua- and duty to defend any suit waking those dam- pe influence of alcohol; or ages. However. 3 regulation relate (1) The amount LMCIT will pay for damages (3) to the sale, gift, distribution Any statute, ordinance or regula ution or use of LIMITS OF COVERAGE; alcoholic is limited as described in SECTION III - ing honk sale, es. ag (2) LMCTT may a its discretion investigate This exclusion applies only if "you" are in the business • and, unless th e first 'city' of manufacturing, distributing, selling, serving, or fur - any oceumenu, d, . Y or furnish shown in the Declarations has given nonce nisloing alcoholic beverages or if You" s erve as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any clam or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption tion and y display permit. b. This coverage applies to bodily injury and property damage only if a claim for damages because of d. Bodily injury to: bodily injury or property damage is first made against the "covered party" during the coverage (1) An employee of the "city" arising out of and period. in the course of employment by the "city"; or 2. EXCLUSIONS This coverage does not apply to: (2) 2 The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered party'. This exclusion does not apply to bodily in- This exclusion applies: or damage resulting from the use of (1) Whether the "city" may be liable as an em- 1�' property ployer or in any other force to protect persons or property, or incident P Y Y capacity and P LMCIT CMC (11-86) (Rev. 11-91) page 1 of 14 (2) To any obligation to share damages with the Declarations and prior to the expiration • or repay someone else who must pay dam - date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited by the "covered party" under a cowered contract. Pollution Liability retroactive date shown in the Declarations and prior to the expir- e. Any loss, cost, or expense arising out of any ation of this covenant if such discharge or governmental direction or request that you test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or property damage arising out of the (3) which begins and ends within a 72 hour actual, alleged or threatened discharge, dispersal, period following the accidental rupture, release or escape of pollutants: backup, or overflow of the 'city's" sanitary sewer, storm sewer, or water supply sys- (1) At or from premises you own, rent, lease, terns. In case of a related series of acciden- or occupy, and premises you no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, storm sewer, or water supply system, will (2) At or from any site or location used by or be deemed be have taken place when the for you or others for the handling, first accidental event in the series of ac- storage, disposal, processing or treatment cidental events took place. of waste; f. Bodily injury or property damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled, stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated by or rented or loaned to any "covered person or organization for whom you may party". Use includes operation and loading or tut- be legally responsible; or loading. (4) At or from any site or location on which This exclusion does not apply to: you or any contractors or subcontractors working directly or indirectly on "your" be- (1) A watercraft while ashore on premises half are performing operations: you own or rent; (a) If the pollutants are brought on or to (2) A watercraft that is: the site or location in connection with such operations; or (a) Less than 26 feet lout; and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises you own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or rented or loaned thermal irritant or contaminant, including smoke, to the 'covered party. vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. Bodily injury or property damage due to war, reconditioned or reclaimed. whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability don, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and not within or on the surface of any lake, (2) Premises the 'city" sells, gives away or stream, surface water, or other body of abandons, if the property damage arises out water, and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property Loaned to the "city"; from a sudden occurrence which took place on or after the retroactive date shown in pale 2 of 14 LMCIT CMC (11.86) (Rev. 11 -91) • 072392mpm 'Covenant Number: Municipal Excess 1 643 Liability Declarations MEL- Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES - _ - Previous Covenant Number. INSURANCE TRUST --.— L. 1427 (Herein called LMCIT) League of Minnesota Cities Item L CITY and MAILING ADDRESS: Ci ty of Oak Park Hei ghL laims- Made 14168 57th Street, P.0. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: One Year(s) From: July 7, 1992 To: July 7, 1993 1201 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item S. LIMITS OF COVERAGE: Each Occurrence Limit S 1,000,000 Aggregate Limit S 1,000,000 Minimum Retention 5 10.000 (If Applicable) Item 6. , PR.EIvIIUM: S 10,082 Item 7. AUDIT PERIOD: Annual X None Other (Describe) Item & SCHEDULE OF UNDERLYING COVERAGE: P ' Co Provi : LMCTT N umbe r CMC ded 12802 Covriage Period: From_ 7/7/92 To: 7/7/93 Iliciading those coverages x'd below: ...� j_ al Automobile a Gene Snots or ' �= 1 Liability Liability Omissions • $60 0,000 CSI. 5600,000 CSI. 5600,000 CSL S : p , "Claims Made' "Claims Made' M - ! Occur: pke Reuoacsivr Retroactive • : n - 1 0 7/ 7/87 7/7 /87 ; Employers �y�y Insurance: • • ' Carrier. LM CIT Coverage B Limits: • Policy Number. 5200,000/600,000 /600.000 :_ Policy Term: 7/7/92 To: 7/7/93 Other: Carrier Policy Plumber: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: M L 0.1 . UM - ' (11/8. - 23(11/86), UME- 43(11/88) . UME - 46(2/92), u •tr -or, oval• LMCIT DEC - 017 (11 - 86) (Rev. 11 -91) Administered by: Berkley Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we", "us" and our refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCTT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words you and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, `we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which this coverage" may apply. We mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, when the applicable limit of coverage of the un- disability benefits or unemployment compensa- deriying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. We may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, we will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. We may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCr MELC (11.86) (Rev. 11 -90) page 1 of 6 • ---- a -r�n�+ EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions rem ain unchanged. Attached to and forming part of No: MEL 1643 Issued to the City of Oak Park Heights July Effective Ju y 7, 1992 2 By • UME -43 (11/88) _Aveoant Number. D dICIPAL LIABILITY DECLARATIO''" Coverage is Provided by: CMC- 13746 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LVICTI) League of Cities Item 1. Cl1'Y: Oak Park Heights Item 2. COVERAGE PERIOD: One Year(s) CLJk From: July 7, 1993 To: July 7, 1994 12. A.M. Standard Time at Mailing Address Indicated on Common Coverage Dedaratioas Item 3. THE COVERED PARTY IS: Joint Powers Entity � escrfbe x City Jo tY Other C ty Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF TEE 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: EACB OCCURRENCE LIMIT 000 PRODUCTS CObIPLETED OPERATIONS AL'1NUAL AGGREGATE LIMIT ran PIS DAMAGE t vtIT 3 444 MEDICAL EXPENSE LIMIT' 5 1.0001510,000 oce urrenoe aggregate LIMITED POLLUTION LIABILITY *S600.000 per 'sudden oecurreneel S600,000 annual aggregate LEAD OR ASBESTOS CLAIM LIMIT *5QQ,QNO per clai:n/S200,000 annual aggregate LAND USE REGULATION CLAIM *Man each ocotusc licait/S600,000 annual aggregate ' includes loss, loss adjustment expanse, and Legal defense coati. I tem 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate e Declarations) any, ) Deductible if , shown on Common Coverag y S 500. Per Occurrence Item 6. RETROACTIVE DATES: MUNICEPAL LIABILITY RETROACTIVE DATE: 7 -7 -87 LIINITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: - 5-24-88 LEAD OR ASBESTOS CLAN RETROACTIVE DATE: 93 LAND USE REGULATION CLAIM RETROACTIVE DATE: 5 -24 -88 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(3 -93) ,;/1 - Executive Director, LMC1T LMCTT DEC -013 (11- 86)(Rev. 3 -93) Administered by: Berkley Risk Services, Inc. COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are Read the entire coverage agreement carefully to defined under SECTION II - WHO IS determine rights, duties and what is and is not COVERED. covered. Throughout this covenant the word "city" refers to the first "city" shown in the Declarations. Other words and phrases that appear in italics The word LMCIT refers to the League of Minnesota have special meaning, as given in SECTION IV Cities Insurance Trust. - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. MUNICIPAL LIABILITY COVERAGE (CLAIMS MADE BASIS) 2. CLAIM AND OCCURRENCE DATES 1. COVERAGE AGREEMENT a. For any claim for damages, the date of the occurrence shall be deemed to be as follows: a. Except as otherwise provided in this agreement, LMCIT will pay on behalf of the covered party all (1 ) For claims for bodily injury or property sums which the "covered party" shall become legally damage, the date of the occurrence is the date obligated to pay as damages as a result of an on which the bodily injury or property occurrence, if the following conditions are met: damage first took place or is alleged to have taken place. (1) The claim for such damages must be first For an l and use regulation claim, the made against the covered party during the (2) Y re g coverage period; and date of the occurrence is the date on which . a suit seeking damages is filed against or (2) The date of the occurrence giving rise to the served upon the city, whichever is first. claim for damages must be on or atter the retroactive date, if any, shown in the (3) For any other claim for damages, the Declarations; and date of the occurrence is the date on which the wrongful act giving rise to the claim for (3) The occurrence must have taken place in the damages took place or is alleged to have coverage territory. taken place. If the damages are alleged to have arisen from a series of wrongful acts the b. LMCIT will have the right and duty to defend any date of the occurrence is deemed to be the such claim or suit seeking damages. LMCIT may, at date when the first such wrongful act took its discretion, investigate any actual or potential place or is alleged to have taken place. • claim; and unless the "city" has given notice as If both (1) and (3) apply to claims for damages provided in Section VI, 7, below, LMCIT may settle any claim or suit. arising from a single occurrence, the date of the occurrence is the earlier of the dates defined by c. The amount LMCIT will pay for damages is (1) and (3), respectively. limited as described in SECTION III - LIMITS OF COVERAGE. LMCIT CMC (11- 116)(Rev. 3 -93) 1 of 17 b. For any claim for damages, the date the claim is serving, or furnishing alcoholic beverages or if made is deemed to be as follows: the covered parry serves or furnishes alcoholic • beverages without a charge if a license is (1) For any land use regulation claim, the claim required for such activities. is deemed to have been made on the date on which a suit seeking damages is filed against or For the purpose of this provision, license does served upon the city, whichever is first. not mean a consumption and display permit. (2) For any other claim for damages, the claim is c. Bodily injury to: deemed to have been made when notice of such claim is received and recorded by any "covered (1) An employee of the "city" arising out of party" or by LMCIT, whichever comes first. and in the course of employment by the "city "; or (3) All claims for damages arising from a single occurrence will be deemed to have been made at (2) Damages to the spouse, child, parent, the time the first of those claims is made against brother or sister of that employee as a any "covered party". consequence of (1) above. 3. EXCLUSIONS This exclusion applies: This coverage does not apply to: (1) Whether the "city" may be . liable as an employer or in any other capacity; and a. Dania es for which the "covered party" is liable g by reason of the assumption of liability in a contract (2) To any obligation to share damages with or agreement. This exclusion does not apply to or repay someone else who must pay liability for damages: damages because of the injury. (1) Assumed in a contract or agreem ent that is a This exclusion does not apply to liability covered contract•, or assumed by the "covered party" under a cowered contract. (2) The "covered party" would have in the absence of the contract or agreement. d. Any loss, cost, or expense arising out of any direction, demand, or request by the government b. Damages for which the "covered party" may be or any other entity that the "city" or any other field liable by reason f entity test for, monitor, clean remove, r easo o . ty up, , contain, treat, detoxify or neutralize pollutants; (1) Causing or contributing to the intoxication of or any person; Damages arising out of the actual, alleged or (2) The furnishing of alcoholic beverages to a threatened discharge, dispersal, seepage, person under the legal drinking age or under the migration, release or escape of pollutants: influence of alcohol; or (1) At or from premises the "city" owns, (3) Any statute, ordinance or regulation relating rents, leases, uses, or occupies, and premises to the sale, gift, distribution or use of alcoholic the "city" no longer owns, rents, leases, uses, beverages. or occupies; This exclusion applies only if the covered parry is in (2) At or from any landfill, dump, or other the business of manufacturing, distributing, selling, site or location presently or formerly used by IMCrr CMC (11-86 )(itert. 343) 2 of 17 • or for the "city" or others for the handling, aircraft, auto or watercraft owned or operated by storage, disposal, processing or treatment of or rented or loaned to any "covered party". Use pollutants; includes operation and loading or unloading. (3) Which are or were at any time transported, This exclusion does not apply to: handled, stored, treated, disposed of, or processed as waste by or for the "city" or any (1) A watercraft while ashore on premises the person or organization for whom the "city" may "city" owns or rents; be legally responsible; or (2) A watercraft that is: (4) At or from any site or location on which the "city" or any contractors or subcontractors (a) Less than 26 feet long; and working directly or indirectly on the "city's" behalf are or have been performing operations; (b) Not being used to carry persons or property for a charge; (a) If the pollutants are brought on or to the site or location in connection with such (3) Parking an auto on, or on the ways next operations; or to, premises the "city" owns or rents, provided the auto is not owned by or rented (b) If the operations are to test for, monitor, or loaned to the "covered party" clean up, remove, contain, treat, detoxify or neutralize the pollutants. f. Damages due to war, whether or not declared, or any act or condition incident to war. War This exclusion does not apply to any of the includes civil war, insurrection, rebellion or following: revolution. (1) Any Limited Pollution Liability Calm. g. Property damage to: (2) Any claim arising out of the discharge or (1) Property the "city" owns, rents, or dispersal of mace, tear gas or similar agent, if occupies; such discharge was for the purpose of protecting persons or property or incident to an arrest. (2) Premises the "city" sells, gives away or abandons, if the property damage arises out (3) Any lead or asbestos claim, unless the actual, of any part of those premises; _alleged, or threatened discharge, dispersal, release, escape, use, distribution, or handling of (3) Property loaned to a "covered party"; lead or asbestos took place at or from any landfill, dump, or other site or location presently (4) Personal property in the care, custody and or formerly used by or for the "city" or others for control of any "covered party"; the handling, storage, disposal, processing or treatment of pollutants. (5) That particular part of real property on which the "city" or any contractors or (4) Any damages arising out of heat, smoke, or subcontractors working directly or indirectly fumes from a hostile fire. A hostile fire is a fire on the "city's" behalf are performing which becomes uncontrollable or breaks out from operations, if the property damage arises out where it was intended to be. of those operations; or e. Damages arising out of the ownership, (6) Work performed by or on behalf of the maintenance, use or entrustment to others of any "city" arising out of your work or any portion LMCIT CMC (1146)(Rev. 3 -93) 3 of 17 Covenant Number: MUNICIPAL EXCESS 'Mt. 1870 LIABILITY DECLARATIONS Coverage is Provided by: Previous Covenant Number. TILE LEAGUE OF MINNESOTA CTTIES MEL- 1643 INSURANCE TRUST (basin Bled LMCM 1, 171 League of Mmnetota Cities k m 1. CTTY and MAILING ADDRESS: City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 -2007 Irani 2. COVERAGE PERIOD: One You(*) 11 C LA I M S _ P A i 1 I L Prom July 7, 1993 To: July 7, 1994 • 12:01 A.M. Standard Time at Mailing Address Indinted in ITEM ONE. Item 3. RETROACTLVE DATE: July 7, 1987 Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) kern S. LIMITS OF COVERAGE: Each Occurrence Limit S1,000,000. Aggregate Limit 3 1.000.000. Minimum Retention 3 10.000. (If Applicable) Dtam 6. PREMIUM: S 10,380. Nan 7. AUDIT PERIOD: Annual X Naas Other (Datassbe) Item 3- SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided By: LMCIT Covenant Number. CMC 13746 • Coverage Period: From July 7, 1993 To: July 7, 1994 Including those coverages rd below: LIMITS: X Automobile X Municipal Liability Liability • 3600,000 CSL 3600,000 CSLs S S * - - underlying coverage document nor other specula that may apply. Employers Liability Insurance: Carrier. LMCIT Coverage $ Limits: Policy Number. $200,000./$600,000./S600,000. Policy Tartu: From: July 7, 1993 To: July 7, 1994 Other: Cozier. Policy Number. Policy Term: From: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: 931 UME -4 11 -86 UME -23 3 -93 UM -4 -:: -. -• UME- 45 - 11 -89 /1 E:temaive Director. LMC1T LMCIT DEC - 017 (1 1.86)(Rev. 3 -93) Administered by: Barkley Risk Services. Inc. I ., , , .. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. League of Minnesota Cities Insurance Trust Read the entire coverage agreement and any hereinafter referred to as LMCIT. underlying coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The Other words and phrases that appear in italics have words "we ", "us" and "our" refer to the special meaning. Refer to SECTION III - DEFINITIONS. SECTION I - LIABILITY COVERAGE • I. COVERAGE AGREEMENT coverage" does not apply to any injury or damage, or personal injury offense, or negligent act. error. a. "We" will pay those sums, in excess of the amount omission, or violation (or the first in a series of payable under the terms of any underlying coverage, related acts, errors, omissions, or violations) which that the covered party becomes legally obligated to occurred or were committed before the retroactive pay as damages because of injury or damage to which date, if any, shown in the Declarations of this this covenant applies, provided that the underlying covenant or which occurs or is committed after the coverage also applies, or would apply but for the coverage period. exhaustion of its applicable limits of coverage. If, however, a Minimum Retention applies, as set forth e. This covenant is subject to the same terms, in paragraph 4 below, "we" will pay only those sums conditions, agreements, exclusions and definitions as in excess of the Minimum Retention. the underlying coverage, except: b. "We" will have the right to participate in the (1) We will have no obligation under this defense of claims or suits against the covered party covenant with respect to any claim or suit that is seeking damages because of injury or damage to settled without "our" consent; and which "this coverage" may apply. "We" will have a duty to defend such claims or suits when the (2) With respect to any provisions to the contrary applicable limit of coverage of the underlying contained in this covenant. coverage has been used up by payment of judgments, settlements and any cost or expense subject to such 2. EXCLUSIONS limit. The exclusions applicable to the underlying coverage This right or duty to defend is limited as set forth in also apply to this covenant. Additionally, this paragraph 3, below. covenant does not apply to: c. The amount "we" will pay for damages and a. Any obligation to pay expenses under any defense expense is limited as described in SECTION medical payments coverage. II - LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, d. With respect to any coverage provided by underinsured motorist, Workers' Compensation, underlying coverage on a claims made basis, "this disability benefits or unemployment compensation law or any similar law. LMCrr MELC (11- 86)(RGv. 3.93) 1 +r7 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1870 Issued to the City of Oak Park Heights Effective July 7, 1993 By UME -43 (11/88) _ CITY OF • OAK PARK HEIGHTS 14168 N. 57th Street • Box 2007 -Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0574 July 31, 1996 Mark Vierling Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Ave. Stillwater, MN 55082 Dear Mark: I am enclosing a letter and questionnaire from the Minnesota Pollution Control Agency regarding disposal and insurance coverage information relating to the Washington County Sanitary Landfill. I cannot find any insurance information prior to 1977 when Forest. Lake Insurance Agency was awarded the bid for the City's insurance. The first contract date I have for Junker Sanitation is January 1, 1975. I do not know if Junker Sanitation was in Oak Park Heights before that or who the hauler was If you have any information or could complete any part of this questionnaire, it would be very helpful. Let m e know if you need any further information from me. Thanks, Judy Hoist Jh Tree City U.S.A. • 0 alik Minnesota Pollution Control Agency r July 26, 1996 ' JUL 2 9 1996 t j City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 Re: Disposal and Insurance Coverage Information Relating to the Washington County Sanitary Landfill Dear Sir or Madam: This letter is a request for information, authorized under the Minnesota Landfill Cleanup Act and related laws. Please complete the enclosed questionnaire to provide waste information regarding disposal and your insurance coverage for environmental cleanup costs related to the Washington County Sanitary Landfill. With the passage of the Landfill Cleanup Act in 1994, Minnesota has significantly altered how it deals with the environmental problems and financial costs associated with closed landfills. Prior to the Landfill Cleanup Act, businesses thought to be responsible for environmental contamination at a landfill could be held responsible for the entire cost of cleanup. The Landfill Cleanup Act changed this principle for the 106 closed landfills in Minnesota covered by this law. The Minnesota Pollution Control Agency (MPCA), under the direction of the agency's Commissioner, will now be responsible for the long -term environmental cleanup and maintenance at these closed solid waste disposal landfills. Maintenance and cleanup of landfills covered by the 1994 law is funded in part from state general obligation bonds and an expanded and higher garbage disposal fee. Another source of cleanup funding envisioned by the legislature is insurance policies (mostly policies from the 1960s and 1970s) held by Minnesota businesses. When writing the 1994 Landfill Cleanup Act, the legislature saw the insurance industry's financial contribution to landfill cleanup as a reasonable way to help distribute environmental cleanup costs across a broad spectrum of Minnesota entities involved in disposal of garbage. The Minnesota Legislature has directed the MPCA and the Attorney General's Office to seek contributions from the insurance industry. These contributions will help offset the effects felt by businesses and citizens when they have to pay their regular garbage disposal fees or the need for the state issuing general obligation bonds. For Minnesota to submit claims to the insurance industry for past, present and future cleanup costs at these landfills, it is necessary for the MPCA to request disposal and insurance information from persons or businesses who disposed of wastes at these landfills. In this regard, 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (612) 296 -6300 (voice); (612) 282 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. the MPCA has information that your business generated or arranged for the disposal of wastes at the Washington County Sanitary Landfill. As a result of this information. the MPCA requests that you complete the enclosed questionnaire as described. Please be advised that under the Landfill Cleanup Act. you have a legal responsibility to provide this information. Please read the attached questionnaire entitled "Questionnaire: Washington County Sanitary Landfill." Please answer all questions and supply the documents requested in the questionnaire within 30 days of your receipt of this letter. Please note that the questionnaire and all requested documents are to be returned to: William R. Gosiger Minnesota Attorney General's Office Environmental Protection Division 445 Minnesota Street, Suite 900 NCL Tower St. Paul, Minnesota 55101 -2109 It is possible that you or your business has already received, or will receive, other requests from us because of your involvement at other landfills in the program. In that event, we suggest that you review any responses you may already have prepared and determine whether additional information needs to be submitted. For example, another request may relate to waste from a plant that was not covered under your insurance policies. Or, the years specified in one request may span a different time period than those in another request. In such cases, please send a supplemental response containing the additional insurance information. If you have any questions regarding what you believe are overlapping requests, please contact Bill Gosiger at the Attorney General's Office at (612) 297 - 5506. The Landfill Cleanup Act does require you to preserve your rights to insurance coverage for cleanup costs at the landfill. Please keep all records including correspondence, receipts, contracts, etc., that may pertain to the disposal, treatment or transport of wastes to the Washington County Sanitary Landfill. Thank you for your efforts in cooperating with this request. We are confident that the response received from the business community to this request plus our discussions with the insurance carriers involved at these landfills will lead to equitable settlements. If you have questions about this request for information, please feel free to contact Bill Gosiger at (612) 297 -5506 or Julianne Mossak at (612) 297 - 2715. Sincerely, Q //9 GARY A. P J FO' Enclosure Section M. : ger Ground Water and Solid Waste Division Questionnaire: Washington County Sanitary Landfill July 1996 Minnesota law requires that you provide the information and supply the documents requested on this questionnaire.' Please answer each question based on all the information and documents in your possession. Identify any documents that have been transferred or otherwise disposed of. If you need additional space, please use and attach additional sheets of paper. If you consider any of the information you submit to be a trade secret or confidential, please indicate that on the questionnaire. Then, the Minnesota Pollution Control Agency (MPCA), under the direction of its Commissioner, will determine if the material qualifies as confidential under Minnesota law. - 1. What is the legal name of your business, its current address and telephone number? Name: City of Oak Park Heights Address: 14168 57th St, N. , P, 0. Box 2007, Oak Park Heights, MN 55082 Telephone: (612) 439 2. What are the names, current addresses and telephone numbers of all current and former owners of the business? (If you need more space for any of the information requested on this questionnaire, please use a separate piece of paper and attach it securely to the questionnaire.) Owner: Address: Telephone: ( ) Owner: Address: Telephone: ( ) 3. What type of business is it? Government Please check the Standard Industrial Classification (SIC) code that best describes the nature of your business: 00. Agriculture, forestry, fishing _49. Utilities 83. Social services _10. Mining 50. Wholesale trade 86. Membership organizations 15. Construction 54. Retail, non - durable goods 87. Engineering & management 20. Manufacturing, non - durable goods 57. Retail, durable goods 89. Other services 35. Manufacturing, durable goods 60. Finance, insurance, real estate x99. Other _40. Transportation 73. Business services 48. Communications _80. Health services When did the business start operating? Created 1974 (month/date /year) Minn. Stat. Chap. 115B.17, subd. 3; Chap. 115B.40, subd. 4(a)(5); and Chap. 115B.44. 2 Minn. Stat. Chap. 115B.17, subd. 5 (1994). 1 • 4. What types of waste were produced by this business between the years 1969 through 1985. Please check all that apply. 1. x Solid waste, which could include wastes such as garbage or trash. Did) our wastes include: 2. Solvent -based adhesives, such as glues, pastes. caulks and fillers. 3. _ Petroleum -based materials, such as gasoline or motor oil. 4. _ Corrosives, such as drain cleaners, toilet bowl cleaner or concrete cleaner. 5. — Oil -based paints, paint thinners, spot removers or wood preservatives. 6. _ Pesticides, herbicides, garden chemicals. 7. _ Solvents, including degreasers and cleaning solvents. 8. _ Asbestos. 9. Inks. 10. x Batteries. 11. x Fluorescent light tubes. 12. Others: 5. Have you answered any previous requests for information about this landfill from the MPCA or from the U.S. Environmental Protection Agency? Yes No If yes. when did you answer? (month/date /year) • 6. For the years 1969 through 1985, please provide a copy of each insurance policy issued to you that may have provided coverage for property liability, personal injury liability, or environmental liability. This type of coverage would most likely be included in "comprehensive general liability," "umbrella," and "excess" insurance policies, including coverage issued as part of a package policy. Also look for policy addenda (more recent documents added onto an older policy) that include the terms "occurrence endorsements," "broad form endorsements," and "personal injury endorsements." Number of policies copied and ;nailed with this questionnaire If you are sending copies of the requested insurance policies to the MPCA you may skip to question 8. List of policies or copies of policies attached from 1977 to 1986, 1 have no record of who insurance agent or company was before that date. 2 7. If you are unable to provide copies of the insurance policies requested above, please use the table below to supply the following information about each of the appropriate policies, for the years 1969 through 1985. Again. if you need more room, please attach extra sheets of paper. • The types of policies issued to you, such as general liability, excess liability, public liability, occurrence endorsement, broad form endorsement, personal injury endorsement, other (Type). • The names of the insurance carriers (Name). • The period of time the policy was in effect (Period). • The policy account numbers (Number). • The amount of annual premiums paid for the policies (Premium). • The amount of coverage limits for property damage (Coverage). • The amount of deductible (Deductible). • A description of any policy exclusions relating to environmental response actions, such as pollution exclusions, and the date of such exclusions (Exclusion/Date). - • The person responsible for purchasing the insurance policy (Purchaser). Type Name Period Number Premium Coverage Deductible ' Exclusion/ Purchaser Date 8. Please use the following table to supply information about any claims or pending claims related to environmental response costs for the Washington County Sanitary Landfill that you or another insured have made under any of these policies. Insurance carrier Policy number Date of claim Amount of claim • • 3 9. For the years 1969 through 1985 only, please indicate how the wastes (as you identified them in question 4) were disposed of and which hauler you used. Waste type Years of Hauler Disposal location (if known) disposal 1 Batteries 1968_85 repairs contracted out. disposal by garage contracted to do wok Fluorescent Bulbs 1968 -85 Junker Sanitation Unknown Please have this document notarized below: This response has been prepared to the best of my knowledge, based on a diligent search of records and, where appropriate, discussions with pres- t and former employees. Signature• f /� // �, Name (please print): Michael Robertson Title: Administrator Address: 14168 57th St. N,, P. 0. Box 2007, Oak Park Heights, MN 55082 Date: August 28, 1996 Notary Public: c State of /y11/I'!n'lee c� County of /rl/ z�; Signed and attested before me on (,Li c, r . 1996, by Notary Public r // -1 My commission expires on 0 � L' / 2 D? v JUDY L HOLST e '' NOTARY PUBLIC- MINNESOTA WASHINGTON COUNTY Return questionnaire to: ,S 4 - "0 My Commission Expires Jan. 31, 2000 ./. !!./J- -_,- /.lJ/!J:,.i_/ll./ -- --- / --.:/1� William R. Gosiger Attorney General's Office, Insurance Recovery Effort 445 Minnesota St., Suite 900 `CL Tower St. Paul, MN 55100 -2109 4 0 City of Oak Park Heights We became Oak Park Heights insurance agent in July of 1977. What fo11'ow5 is a listing ofLiability policies that may apply to pollution losses: 1977 -78 - Policy #IST- 8462807 -The Home Ins. Co. 7600 France Ave. So. EwIc,�ngeaj Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- CO5780 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit *Municipality Endorsement (See Attached) 1978 -79 - Policy #IST - 8462807 - The Home Ins. Co. 7600 France Ave. So. flaos.t4 Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ — Policy #155 C09087 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1979 -80 -Policy #IST- 8462807 - The Home Ins. Co. kite- 05yd 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C14518 - Interstate Fire and Casualty Company �41c.lvstj 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1 Page Two 1980 -81 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0020263 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1981 -82 - Policy #IST - 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024930 - Interstate Fire and Casualty Company 5001.W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1982 -83 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg . • 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024900 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1983 -84 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. L- nc Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ 2 • Page Three 1983 -84 (Cont'd) - Policy #55C- 2045296 - Interstate Fire and Casualty Company t�nc�oSK 5001 W. 80th Street `� Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1984 -85 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. EA c l o s.ea Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #55C- 2065528 - Interstate Fire and Casualty Company c_rlclustc 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1985 -86 - Policy #IST - 8776170 -The Home Ins. Co. 7600 France Ave. So. e rNc(o S {ci Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg '500,000. Contractual Agg 100,000. Contractual Occ - Policy #852106 71978089 - Auto - Owners Insurance P.O. Box 64358 �rn clo, St. Paul, MN 55164 -0358 - Umbrella Liability - $ 2,000,000. 10,000. Retained Limit *Absolute Pollution Exclusion (See Attached) 1986 -87 - Policy #MP824012R - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Pollution Exclusion - Form ME 028 (10 -85) See Attached - Policy #U000273 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Pollution Exclusion - Form UME -2 (6 -85) See Attached 3 COMMERCIAL UMBRELLA LIABILITY POLICY NAME INSURED F S S o • m < _ m rt o x m �^ o -� rry S O 5: '4 n in -4 G m a n m a r C'7 3 -< 0 no o -� = r 4 o g A zc a -4 a Z � Z c a o. • - 0 �y E • C N O A � m 3 • O C THIS POLICY DOES NOT APPLY TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF AIRCRAFT The company agrees with the insured, named in the declarations made a part hereof, in consideration of the • and subject to the limits of liability, exclusions, conditions and other terms of this policy, as follows: p a yment of the premium ' 1. Coverage INSURING AGREEMENTS The company agrees to indemnify the insured for all sums (b) except xcept wgithh or respect to the of ownership, maintenance or use, includin loading the company shall become obligated to pay as d sums P y rented to or controlled by the named insured w consequential, insured and expenses, all as hereinafter pay damages, mt defined as in- remises owned b e away m om or the ways immediately within adjoining (1) any employee of such; n r (2) cluded within the term ultimate net loss, by reason of liability insured while acting within the e duties es uc or (2) (a) imposed upon the insured by law, or any person or organization acting as agent with respect to real (b) assumed by the named insured, or by any officer , director, tor estate management for the named insured stockholder or employee thereof while acting within the of (c) of respect to any automobile owned by the named in- his duties as such, under any contract or agreement, stied or hired for use by or on behalf of the named insured, any because of personal injury, property damage, or advertising liability legally responsible for the automobile use othere any by or arising out of an occurrence which takes place during with the permission of the named insured, or organization the policy period anywhere in the world. provided its actual use is P 11. Limits of Liability (1) any person or organization, or any agent or thereof, operating an automobile sales agency repair sho Regardless of the number of persons or organizations who are Co insureds under this policy and regardless of the nature izat and number ca station, storage parking place, on thereeoo ; or respect of claims made or suits brought against any or all insureds, the to any occurrreencce e ga arisinng g out t of f the operation total limit of the company's liability for any one occurrence shall (2) the owners or any lessee, other than the named insured, be the ultimate net Toss resulting therefrom in excess of the under- o I hired automobile or any agent or employee or such owner lying limit and then only up to the amount stated in the declarations or lessee; as rre the occurrence limit provided, however, the company's liability the t th ty (d) a ny person or organization to whom or to which the named e amount stated in the declarations as the insured is obligated by virtue of a written contract to provide in- aggregate limit, with respect to all ultimate net loss resulting from surance such as is afforded by this policy, one or more occurrences during each annual period while this policy operations performed by the named insured or facilities is in force commencing from its effective date and arising out of used by the named insured and subject to t only n dh ynge limit either (1) products - completed operations liability, or (2) occupa- applicable to the insurance for owned o tional diseases of employees of insureds, such aggregate limit ap- such operations or facilities; the underlying li mit plying separately to (1) and (2). or the named insured with respect to (e) any individual who is a named insured, but only with re- Ill. Definition of Insured, Named Insured spect to the conduct of a business which is insured by the under - The "named insured" means the person or organization named l y 1 °g insurance policies described in the Schedule of Underlying in the declarations and includes any subsidiary thereof and a Insurance; other organization coming under the named insured's control of which it assumes active management. (f) any other person or organization who is an insured under The unqualified word "insured" includes the named insured lying Insurance, subject to all the limitations u on cov any policy of underlying insurance, listed in the Schedule of Under - erage and also includes: such policy other than the limits of the underlying insurer's liiab under (a) any officer, director or stockholder of the named insured The insurance afforded applies separately to each insured while acting within the scope of his duties as such, and, if the against whom claim is made or suit is brat named insured is or includes a partnership, any partner thereof but herein of mare than one insured only with respect to his liability as such; got, but the inclusion limits of the company's liability. shall not operate to increase the POLICY ' PROVISIONS • PART ONE — JACKET PAGE 1 COMMERCIAL UMBRELLA LIABILITY POLICY BRANCH B/A PRODUCER NUMBER 09 * 1 Us. DATE OF ISSUE RENEWAL OR REPLACEMENT NO. MC New 7 -1'.. . / I 'Port Two. l ir tem 1 DECLARATIONS Q POLICY NUMBER 155 -C 0 5 7 8 0 ✓ t s9nJured - Lit; of Jai. Perk ;- i"hts • • 14150 - 57th Street i o. - ADDRESS: - 'v • Stillwater, ri i n;�esota ,_ 2 - (Number & Street, City or Post Office, Zone, County & State) - • 2. Policy eriod: 12.01 . A M.. STANDARD TIME DDRESS F • To: 7 1 - Y OF THE NAMED INSURED AS STATED AT TH£ A HEREIN. / -7 -7 / To / - / - / REPRESENTATIVE: Agent or Broker • Forest Lake lnsurarc.:; ; enc;' • Office Address . 2 32 South Lake Town and State - Forest Lake., Minnesota 3:::02.:: • INTERSTATE FIRE & CASUALTY COMPANY CHICAGO, ILLINOIS �. 1 00 3 : !J X 00 3. Occurrence Limit: $ ' ;;: �L _ ,,,,�' 6. Premium: $ ,� ;.;,.00 4. Aggregate Limit: $ 039,039.00 $ 75.00 2;; S/L Tax 5. Retained Limit: $ 10 i :j00 .00 • $3,; Tot a_ 1 $ 7. Schedule of Underlying Insurance: a t e : -1 a t Type of Policy Applicable limits Comprehensive General Liability Insurance including: Bodily Injury: 0. Products — Completed Operations ® Personal Injury $ 5 00 ,000. each occurrence IN Broad Form Property Damage $ 500 ,000. aggregate ® Employees as Add'I. Insureds ® Independent Contractors ® Blanket Contractual Property Damage: El "X" "C" "U" $ 100 ,000. each occurrence © Host- Liquor $ 100 ,000. aggregate X Incidental Malpractice Insurer: Home 1 nsurance Co. j ''•S cofit j;ompined single limit and Policy Number: 2 3a undrar t 4gr re v� -"-' 7 -7 -7g insur 09,9 Policy Term: 7 -7 -77 To o. Is , �' ii `s - ? , ?;•,e cov not cons� ' :r:: . r _ ` do basin^. In .N and this Comprehensive Automobile Liability Insurance including: Bodily Injury Minnesot $ ,000. each person FR Non -owned FA Hired Auto $ ,000. each occurrence Property Damage Insurer: Home Insurance Co. $ ,000. each occurrence Policy Number: Policy Term: 7 -7 -77 To 7 -7 -73 or Combined single limit $ 500 ,000. Standard Workmen's Compensation and Employers Liability Policy: Insurer: Home Insurance Co. • Coverage B: $ 100 ,000. each accident Policy Number: Policy Term: — — To — — 8 8. Other: Form Numbers of Endorsements forming a part of the policy at issue: r IFC -CIC 55-'20 Endorsement #1 DO NOT TYPE IN / HI AREA IFC -CIC 55 -13 Endorsement n2 , IFC -10 �I / :ma._ Countersigned by Authorized Representative .155 -0 PRINTED 6/76 ENDORSEMENT NO. 1 MUNICIPALITY ENDORSEMENT It is agreed that this policy (such reinsurance as is afforded by this Certificate), does not ap':ly to the following liabilities: 1. Bodily injury or property damage arising out of ,lob action, riot or civil con (o breach of the peace by two or more persons), or out of any act or omission in connecti: with the prevention or suppression of any of the foregoing; 2. Any liability arising out of inverse condemnation proceedings instituted or completed by the insured; 3. Any liability arising out of or contributed to by any complete or partial failure to supply (provide) water, electricity or c as; 4 , Bodily injury or property damage or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination, nor the cost of removing, nullifying or cleaning up, seeping, polluting or contaminating substances, any resulting fines, penalties, punitive or exemplary damages. It is also agreed that, except as set forth in the Schedule of Underlying Insurance, this polio shall not apply to any claim for breach of duty made against the insured for a negligent act, error or omission. All other terms and conditions remain unchanged. ® INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 1 55-C O5780 ❑ CHICAGO iN :ANMPANY Issued to City of Oak Park Heights ' 411111111011V /`G: �:iSii)!d�jc - Effective 7-7-77 B y IFC-CIC-3 110]11 ENDORSEMENT NO. 2 PERSONAL INJURY - FOLLOWING FORM It is agreed that except insofar as coverage is available to the insured in the underlying insurance as set forth in the. Schedule of Underlying Insurance, this policy olio shall not apply to any claim arising out of one or more of the following offenses: arrest, detention or imprisonment, or malicious False a prosecution; P P The publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy including publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured; Wrongful entry or eviction, or other invasion of the right of private occupancy. All other terms and conditions remain unchanged. Attached to and forming part of No. 155 -C 05780 ® INTERSTATE FIRE & CASUALTY COMPANY ❑ CHICAGO INSURAN9, aMPANY City of Oak Park Heights f' �' Issued to .. y 7-7-77 Effective B y IFC CIC-3 10.711 • INCLUSION OF DEFENSE - SETTLEMENT INSURING AGREEMENT In consideration of the premium charged, it is agreed that: Defense - Settlement. With respect to any occurrence not covered by (1) the underlying policy (ies) listed in Declaration 7— Schedule of Underlying Insurance, or (2) any other underlying insurance available to the insured and provided such occurrence is covered by the terms and conditions of this policy, except for the amount of the retained limit stated in Declaration 5, the company shall: (a) defend any suit seeking damages because of personal injury, property damage, or advertising liability, even if the allega` ions of such suit are groundless, false, or fraudulent, provided: (1) the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient, and (2) if such suit is brought elsewhere than in the United States of America, its territories or possessions, or Canada, and if the company is prevented, by the laws of said jurisdiction or otherwise. from carrying out the agreement to defend, the company agrees to reimburse the insured for defense expense incurred with its written consent; (b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds: (c) pay all expenses incurred by the company. all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts incurred under this agreement (except settlement of such claim or suit) are not a part of ultimate net loss and therefore are payable by the company in addition to the applicable limit of liability of this policy. The insured shall promptly reimburse the company for any amount of ultimate net loss paid on behalf of the insured within the retained limit specified in Declaration 5. Assistance and Cooperation of the Insured. This condition is amended to include the following: In the event of a claim or suit to which the company's defense - settlement undertaking applies, the insured shall immediately forward to the company every demand, notice, summons or other process pertaining to such suit. The insured shall in all other respects cooperate with the company, and upon the company's request assist in making settlement, in the conduct of the suit, and in enforcing any right of contribution or indemnity against any person or organization. Attached to and forming part of No. 1 05 7c0 ['i INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park ,ie i d: its [ 1 CHICAGO I ■4lA irE MPANY x;'6/1, SP Effective date 7 -7 -77 _ By IFC- CIC -55 -28 (7/76) C .TRACTORS LIMITATION ENDORSI NT It is agreed, that such insurance as is afforded by this policy is amended as follows: This policy does not apply: 1) To Property Damage to: (a) contracting equipment leased, loaned or rented to the insured, (b) property being installed, erected or worked upon by any insured, his agents or sub - contractors, or (c) that portion of any property upon which operations are being performed by or on behalf of the named insured in the course of construction, reconstruction or repair. 2) To Personal Injury or Property Damage for: a) any liability arising out of Joint Venture which is not designated in the declarations as a Named Insured; b) any liability arising out of any project insured under a "wrap -up" or similar rating plan. 3) Except insofar as coverage is provided in the underlying insurance at the limits specified p g p y g p in the Schedule of Underlying Insurance attached to this policy, to: a) Property Damage included within the Explosion hazard- includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the insured by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract. The Collapse hazard - includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back filling, tunneling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the Named Insured by independent contractors, or out of operations performed for the Named Insured by independent contractors, or (2) included with the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract. The Underground Property Damage hazard- includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. • "Underground Property Damage hazard -means property damage to wire, conduits, pipes mains, sewers, tanks, tunnels, any similar property and any apparatus in connection therewith, beneath the surface of the ground or water caused • by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drillings, borrowing, filling, back - filling, or pile driving. The underground property damage hazard does not include property damage, (1) arising out of operations performed for the Named Insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. b) Personal Injury or Property Damage to liability assumed by the insured under any contract or agreement except an incidental contract: "Incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a muncipality required by municipal ordinance, except in connection with work for the municipality, (4) side -track agreement, or (5) elevator maintenance agreement. Attached to and forming part of No. 1 55 - L , C p 7 C INTERSTATE FIRE , CASUALTY COMPANY Issued to C i t'! of Oak Park He i a;its 0 CHICAGO 4,:* • • . gE - COMPANY Effective 7-7-77 By IFCCIC -55 -13 (Rev. 3/74) SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Interstate Fire & Casualty Company (herein called the Company) to pay any amount claimed to be due hereunder, the Company, at the request of the Insured (or reinsured), will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon : 3101 "r ur acv Paul a. Insurance. ..J::i�i1SS Ivil�. , il� ui :ii'i iS IJiI, ,.t. , I,i nn.2JJ : and that in any suit instituted against any one of them upon this contract, the Company will abide by the final decision of such Court or of any appellate Court in the event of an appeal. The above -name are authorized and directed to accept service of process on behalf of the Company in any such suit and /or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon the Company's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes pro- , vision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insur- ance or other officer specified for that purpose in the statute, or his successor or successors in office, as 1 attorney upon whom served any lawful process in any action, suit proceed- it or its true and lawfu att ey upo may be serve y p y p ing instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designates the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Attached to and forming part of No. 1:35-0 0 .5700 INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park NPinis / 7 Effective 7 -7 -77 By (Rev. 2/70) either by judgment against the insured after actual trial or by the event of such failure, the company shall be liable only to the written agreement of the insured, the claimant and the company. extent that it would have been liable had the named insured com- If any subsequent payments are made by the insured on ac- Plied therewith. count of the same occurrence, additional claims shall be made sim- The named insured shall give the company written notice as ilarly from time to time and shall be payable within 30 days after soon as practicable of any change in the scope of coverage or in proof in conformity with this policy. the amount of limits of insurance under any underlying insurance, and of the termination of any coverage or exhaustion of aggregate G. Bankruptcy or Insolvency. Bankruptcy or insolvency of the insured limits of any underlying insurer's liability. shall not relieve the company of any of its obligations hereunder. L. Cancelation. This policy may be canceled by the named insured H. Subrogation. In the event of any payment under this policy, by surrender thereof to the company or any of its authorized agents the company shall participate with the insured and any underlying or by mailing to the company written notice stating when there - insurer in the exercise of all the insured's rights of recovery against after the cancelation shall be effective. This policy may be canceled any person or organization liable therefor. Recoveries shall be ap- by the company by mailing to he named insured first named in the plied first to reimburse any interest (including the insured) that declarations at the address shown in this policy written notice may have paid any amount, with respect to liability in excess of stating when not less than thirty days thereafter such cancelation the limit of the company's liability hereunder; then to reimburse shall be effective. The mailing of notice as aforesaid shall be suffi- the company up to the amount paid hereunder; and lastly to reim- cient proof of notice. The time of the surrender or the effective burse such interests (including the insured), of whom this insur- date and hour of cancelation stated in the notice shall become the ance is excess, as are entitled to claim the residue, if any; but a end of the policy period. different apportionment may be made tc effect settlement of a If the named insured cancels, earned premium shall be com claim by agreement signed by all interests. Reasonable expenses puted in accordance with the customary short rate tables and pro - incurred in the exercise of rights of recovery shall be apportioned cedure. If the company cancels, earned premium shall be computed among all interests in the ratio of their respective losses for which pro rata. Premium adjustment may be made either at the time recovery is sought. cancelation is effected or as soon as practicable after cancelation I. Changes. Notice to any agent or knowledge possessed by becomes effective, but payment or tender of unearned premium is g g P Y an Y not a condition of cancelation. agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any rights under the terms of this policy; nor shall the terms of this M. Agent for Named Insureds. If there is more than one named policy be waived or changed, except by endorsement issued to form insured hereunder, the named insured first named in item 1 of the a part of this policy. declarations shall be deemed to be the agent for all named insureds with respect to notice of cancelation, payment of return premium, J. Assignment. Assignment of interest under this policy shall not and in all other matters pertaining to this insurance. bind the company until its consent is endorsed hereon. N. Declarations. By acceptance of this policy the named insured K. Maintenance of Underlying Insurance. Each policy described in agrees that the statements in the application and the declarations, the declarations, including renewals or replacements thereof, shall and in any subsequent notice relating to underlying insurance are be maintained in full effect during the currency of this policy, its agreements and representations, that this policy is issued and except for any reduction of the aggregate limit or limits contained continued in reliance upon the truth of such representations and therein solely by payment of claims in respect of occurrences taking that this policy embodies all agreements existing between the place during the period of this policy. Failure of the named insured named insured and the company or any of its agents relating to to comply with the foregoing shall not invalidate this policy but in this insurance. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page and countersigned on the aforesaid declarations page by a duly authorized representative of the company. Secretary �' - L President • JACKET PAGE 5 ►"�'IEAR ENERGY LIABILITY EXCLUSION ENDORSEMF" (Broad Form) : It is agreed that the policy does not apply: IV. As used in this endorsement: I. Under any Liability Coverage, to injury, sickness, disease, "hazardous properties" include radioactive, toxic or explosive death or destruction properties; (a) with respect to which an insured under the policy is also "nuclear material" means source material, special nuclear ma- an insured under a nuclear energy liability policy issued by Nuclear terial or byproduct material; Energy Liability Insurance Association, Mutual Atomic Energy Liability "source material," "special nuclear material," and "byproduct Underwriters or Nuclear Insurance Association of Canada, or would be material" have the meanings given them in the Atomic Energy Act an insured under any such policy but for its termination upon exhaustion of its limit of liability; or of 1954 or in any law amendatory thereof; (b) resulting from the hazardous properties of nuclear material "spent fuel" means any fuel element or fuel component, solid and with respect to which (1) any person or organization is required or liquid, which has been used or exposed to radiation in a nuclear to maintain financial protection pursuant to the Atomic Energy Act reactor; of 1954, or any law amendatory thereof, or (2) the insured is, or had "waste" means any waste material (1) containing byproduct this policy not been issued would be, entitled to indemnity from the material and (2) resulting from the operation by any person or United States of America, or any agency thereof, under any agree- organization of any nuclear facility included within the definition ment entered into by the United States of America, or any agency of nuclear facility under paragraph (a) or (b) thereof; thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supple- "nuclear facility" means mentary Payments provision relating to immediate medical or surgical (a) any nuclear reactor, relief, to expenses incurred with respect to bodily injury, sickness, (b) any equipment or device designed or used for (1) separat- disease or death resulting from the hazardous properties of nuclear ing the isotopes of uranium or plutonium, (2) processing or utiliz- material and arising out of the operation of a nuclear facility by any ing spent fuel, or (3) handling, processing or packaging waste, person or organization. (c) any equipment or device used for the processing, fabricat- III. Under any Liability Coverage, to injury, sickness, disease, ing or alloying of special nuclear material if at any time the total death or destruction resulting from the hazardous properties of amount of such material in the custody of the insured at the prem- nuclear material, if ices where such equipment or device is located consists of or con - (a) the nuclear material (1) is at any nuclear facility owned by, tains more than 25 grams of plutonium or uranium 233 or any or operated by or on behalf of, an insured or (2) has been discharged combination thereof, or more than 250 grams of uranium 235, or dispersed therefrom; (d) any structure, basin, excavation, premises or place pre - (b) the nuclear material is contained in spent fuel or waste at pared or used for the storage or disposal of waste, any time possessed, handled, used, processed, stored, transported or and includes the site on which any of the foregoing is located, all disposed of by or on behalf of an insured; or operations conducted on such site and all premises used for such (c) the injury, sickness, disease, death or destruction arises out operations; of the furnishing by an insured of services, materials, parts or "nuclear reactor" means any apparatus designed or used to 1 equipment in connection with the planning, construction, maintenance, sustain nuclear fission in a self- supporting chain reaction or to operation or use of any nuclear facility, but if such facility is located contain a critical mass of fissionable material; within the United States of America, its territories or possessions or With respect to injury to or destruction of property, the word Canada, this exclusion (c) applies only to injury to or destruction of "injury" or "destruction" includes all forms of radioactive con - property at such nuclear facility. tamination of property. This endorsement modifies the provisions of the policy relating cable in the States of Maryland, New Hampshire and Vermont. to Personal Injury or Property Damage Liability, but is inappli- EXCLUSION OF CONTAMINATION OR POLLUTION It is agreed that such insurance as is afforded by this policy irritants, contaminants or pollutants into or upon land, the atmos- shall not apply to personal injury or property damage arising out phere or any watercourse or body of water; but this exclusion does of the discharge, dispersal, release or escape of smoke, vapors, not apply if such discharge, dispersal, release or escape is sudden soot, fumes, acids, alkalis, toxic chemicals, waste materials or other and accidental. Supplementary Exclusion (Described Operations) It is agreed that, in respect to operations described in this en- water, such insurance as is afforded by this policy shall not apply dorsement, if there is a discharge, dispersal, release or escape of oil to personal injury or property damage arising out of such discharge, or other petroleum substance or derivative (including any oil refuse dispersal, release or escape whether or not sudden and accidental. or oil mixed with wastes) into or upon any watercourse or body of :::: Description of Operations Gas Lease Operators — natural gas Oil or Gas Wells— drilling or redrilling, installation Gasoline Recovery—from casing head or natural gas recov of casing e ry Oil or Gas Wells—instrument logging or survey work in wells Non- operating working interests Oil or Gas Wells— perforating of casing Oil or Gas Well Shooting Oil Lease Operators Oil Pipe Lines — operation, including maintenance Oil or Gas Wells — acidizing Oil Rig or Derrick Erecting or Dismantling —wood or Oil or Gas Wells— cementing metal — including construction of foundations or structures or in- Oil or Gas Wells— cleaning or swabbing —by contractors stallation of equipment i JACKET PAGE 6 •- (c) to liability arising out of the o. rhip, maintenance, oper- (f) to property c. ge to ation, use, loading or unloading of (1) the named insured's products or premises alienated by the (1) aircraft, or named insured, arising out of such products or premises or any (2) watercraft over 50 feet in length, if the occurrence takes part of such products or premises; - place away from premises owned by, rented to or controlled (2) work performed by or on behalf of the named insured arising by the named insured; out of the work or any portion thereof, or out of materials, but exclusion (c) (2) shall not apply to liability for personal injury parts or equipment furnished in connection therewith; to any employee of the insured arising out of and in the course of (3) property owned by the named insured; his employment by the insured; (g) to personal injury or property damage due to war, whether (d) to advertising liability arising out of: or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with (1) failure of performance of contract, other than the un- respect to liability assumed by the insured under any contract or authorized appropriation of ideas based upon alleged breach of agreement; an implied contract; (h) to loss of use of tangible property which has not been personal injury or property damage; destroyed resulting (2) P t ry P P tY g physically injured or dest y g from (3) infringement of trademark, service mark or trade name, (1) a delay in or lack of performance by or on behalf of the other than titles or slogans, by use thereof on or in connection named insured of any contract or agreement, or with goods or services sold, offered for sale or advertised; (2) the failure of the named insured's products or work per - (4) incorrect description or mistake in advertised price of formed by or on behalf of the named insured to meet the level goods or products sold, offered for sale or advertised; of performance, quality, fitness or durability warranted or represented by the named insured; (e) to any damages claimed, or expenses incurred for the with- P Y drawal, inspection, repair, replacement or Foss of use of the named but this exclusion does not apply to loss of use of other tangible insured's products or work completed by or for the named insured property resulting from the sudden and accidental physical injury or of any property of which such products or work form a part, if to or destruction of the named insured's products or work per - such products, work or property are withdrawn from the market formed by or on behalf of the named insured after such products or from use because of any known or suspected defector deficiency or work have been put to use by any person or organization other therein; than an insured. CONDITIONS A. Premium. The advance premium stated in the declarations is claims and suits which in the exercise of sound judgment should be an estimated premium only. Upon termination of this policy the settled, provided, however, that the insured shall make no settle- earned premium shall be computed in accordance with the corn- ment for any sum in excess of the retained limit without the ap- pany's rules and rates applicable to this insurance. proval of the company. The named insured shall maintain records of the information The company shall have the right and shall be given the oppor- necessary for premium computation and shall send copies of such tunity to associate with the insured or its underlying insurers, or records to the company at the end of the policy period and at such both, in the defense and control of any claim, suit or proceeding times during the policy period as the company may direct. which involves or appears reasonably likely to involve the company and in which event the insured, such insurers and the company B. Inspection and Audit. The company shall be permitted to in- shall cooperate in all things in defense of such claim, suit or pro- spect the insured's premises, operations and elevators and to exam- ceeding. ine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years The insured shall cooperate with the underlying insurers as after the final termination of this policy, as far as they relate to required by the terms of the underlying insurance and comply with i the premium or the subject matter of this insurance. all the terms and conditions thereof, and shall enforce any right of contribution or indemnity- against any person or organization who C. Notice of Occurrence. Whenever it appears that an occurrence may be liable to the insured because of personal injury, property is likely to involve indemnity under this policy, written notice damage or advertising liability with respect to which insurance is thereof shall be given to the company or any of its authorized afforded under this policy or the underlying policies. agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable in- E. Appeals. In the event the insured or the insured's underlying formation respecting the time, place and circumstances of the insurer elects not to appeal a judgment in excess of the underlying occurrence, the names and addresses of the injured and of available limit or retained limit, the company may elect to do so at its own witness e s. expense, x and shall be liable for the taxable costs, disbursements and P but in no event shall the liability of the The insured shall give like notice of any claim made on ac - interest incidental thereto, company for ultimate net loss exceed the amount herein applicable count of such occurrence. If legal proceedings are begun the in for any one occurrence plus the taxable costs, disbursements and cured, when requested by the company, shall forward to it each interest incidental to such appeal. paper thereon, or a copy thereof, received by the insured or the insured's representatives, together with copies of reports of in- vestigations made by the insured with respect to such claim F. Loss Payable. The company's liability under this policy with proceedings. respect to any occurrence shall not attach until the amount of the applicable underlying limit has been paid by or on behalf of the D. Assistance and Cooperation of the Insured. The insured shall insured on account of such occurrence. The insured shall make be responsible for the investigation, settlement or defense of any claim for any loss under this policy as soon as practicable after (a) claim made or suit brought or proceeding instituted against the the insured shall have paid ultimate net loss in excess of the under- insured which no underlying insurer is obligated to defend. The lying limit with respect to any occurrence or (b) the insured's insured shall use due diligence and prudence to settle all such obligation to pay such amounts shall have been finally determined JACKET PAGE 4 Iv. Other Definitions. Wherever used in this policy: (b) operations, including operations performed on behalf of "Aircraft" means any heavier - than -air or lighter- than -air air the named insured, if the personal injury or property damage craft designed to transport persons or property. occurs • after such operations have been completed or abandoned and away from premises owned, rented or controlled by the named "Advertising liability" means liability arising out of the named insured; provided that operations which may require further service insured's advertising activities for: or maintenance work, or correction because improperly or defec- character; performed, but which are otherwise complete, shall be deemed slander or defamation of c following (a) Libel, s completed; and provided further that the shall not be (b) Infringement of copyright or of title or of slogan; deemed to be "operations" within the meaning of this paragraph: or unfair competition or idea misappropriation (1) pick -up and delivery, except from or onto a railroad car; (2) (c) Piracy P under the maintenance of vehicles owned or used by or on behalf of the an implied contract; insured; or (3) the existence of tools, uninstalled equipment and (d) Invasion of right of privacy; abandoned or unused materials. The word "operations" as used committed or alleged to have been committed in any advertisement, herein includes any act or omission in connection with operations g y performed by or on behalf of the named insured on premises publicity article, broadcast or telecast. owned, rented or controlled by the named insured or elsewhere, "Automobile" means a land motor vehicle, trailer or semi - trailer. whether or not goods or products are involved in such operations. "Named Insured's Products" means goods or products (includ- "Property damage" means (1) physical injury to or destruction ing any container thereof) manufactured, sold, handled or distrib- of tangible property which occurs during the policy period, including uted by the named insured, or by others trading under his name. the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically in- "Occurrence" means an accident, including a continuous or lured or destroyed provided such loss of use is caused by an repeated exposure to conditions, which results, during the policy occurrence during the policy period. period, in a personal injury, property damage or advertising Iiabil "Ultimate net loss" means the total of the following sums ity neither expected nor intended from the standpoint of the in- arising out of any one occurrence to which this policy applies: sured, except that assault and battery committed by the insured for the purpose of protecting persons or property shall be deemed (a) all sums which the insured or any organization as his in- an occurrence. surer, or both, become legally obligated to pay as damages, whether For the purposes of determining the company's liability under by reason of adjudication or settlement, because of personal injury, the terms of Insuring Agreement II, property damage or advertising liability; and (a) with respect to personal injury and property damage, all (b) all expenses incurred by the insured or any organization such exposure to substantially the same general conditions existing as his insurer, or both, in the investigation, negotiation, settlement and defense of any claim or suit seeking such damages, excluding at or emanating from one premises location or source shall be only (1) the salaries of the insured's or insurer's regular employees, deemed one occurrence; and (2) office expenses of the insured or any insurer, and (3) all ex- (b) with respect to advertising liability all ultimate net loss pense included in other valid and collectible insurance. arising out of any advertisements, publicity articles, broadcasts or telecasts or any combination thereof involving the same injurious "Underlying limit" means material or act, regardless of the frequency of repetition thereof, or (a) the amount of the applicable limits of liability of the under - the number or kind of media used, or the number of persons claim- lying insurance as stated in the Schedule of Underlying Insurance, ing damages, shall be deemed to arise out of one occurrence. Tess the amount, if any, by which an aggregate limit of such in- "Personal Personal injury means (a) bodily injury, shock, sickness or surance has been reduced by payment of loss; and disease (including death, mental anguish and mental injury result- (b) in addition to the amount applicable in paragraph (a), the ing therefrom); (b) injury arising out of false arrest, false im- amount of any other valid and collectible insurance available to the prisonment, wrongful eviction, wrongful entry, wrongful detention insured, whether such other insurance is stated to be primary, con - or malicious prosecution; or (c) injury arising out of racial or re- tributing, excess or contingent (except insurance purchased to ligious discrimination not committed by or at the direction of the apply in excess of the sum of underlying limits described in par - named insured or any executive officer, director, stockholder or agraph (a), or the retained limit, and the limit of liability here - partner thereof, but only with respect to liability other than fines, under); or penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or (c) if the insurance afforded by the underlying insurance pol- invasion of right of privacy, unless such injury arises out of adver- icies stated in the Schedule of Underlying Insurance is inapplicable tising activities. to the occurrence, the amount stated in the declarations as the re- tained limit, or the amount of other insurance stated in paragraph "Products— completed operations liability" means liability aris- (b), whichever is greater. ing out of The limits of liability of any underlying insurance policy stated (a) the handling or use of, the existence of any condition in or in the Schedule of Underlying Insurance shall be deemed applicable a warranty of the named insured's products other than equipment irrespective of (1) any defense which the underlying insurer may rented to or located for use of others but not sold, if the personal assert because of the insured's failure to comply wit h any condition injury or property damage occurs after the named insured has re- of the policy subsequent to an occurrence, or (2) the inability of Iinquished possession thereof to others; or the underlying insurer to pay by reason of bankruptcy or insolvency. EXCLUSIONS This policy does not apply: (b) to any employee as an insured with respect to personal (a) to any obligation for which the insured or any carrier as injury to another employee of the same employer injured in the his insurer may be held liable under any workmen's compensation, course of such employment, but this exclusion shall not apply to unemployment compensation or disability benefits law, or under personal injury with respect to which insurance is afforded such any similar law; insured by underlyinr urance; JACKET PAGE 3 COMMERCIAL UMBRELLA LIABILITY POLICY NAME INSURED 1 0 H rt S S = f0 0. t imin A 3 rt rt 0 p = O 7:7 ` r s Q a F m Fri = ' G O' m av m 3 Q p s) � O 3 � _ V C ) Q -, o r- .'< Q 0 . z = C/, �! rt O. z - O 0 Q' 0 r a ...e < N Z� .1 O S r (� = N 't 1 Q Q CD n . CD 3 rt � 0 C THIS POLICY DOES NOT APPLY TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF AIRCRAFT The company agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy, as follows: INSURING AGREEMENTS 1. Coverage (b) except with respect to the ownership, maintenance or use, The company agrees to indemnify the insured for all sums including loading or unloading, of automobiles while away from P y g rees y premises owned by, rented to or controlled by the named insured which the insured shall become obligated to pay as damages, direct or the ways immediately adjoining, (1) any employee of the named or consequential, and expenses, all as hereinafter defined as in- insured while acting within the scope of his duties as such; or (2) cluded within the term ultimate net loss, by reason of liability any person or organization acting as agent with respect to real (a) imposed upon the insured by law, or estate management for the named insured; (b) assumed by the named insured, or by any officer, director, (c) with respect to any automobile owned by the named in- stockholder or employee thereof while acting within the scope of sured or hired for use by or on behalf of the named insured, any his duties as such, under any contract or agreement, person while using such automobile and any person or organization because of personal injury, property damage, or advertising liability legally responsible for the use thereof, provided its actual use is caused by or arising out of an occurrence which takes place during with the permission of the named insured, except the policy period anywhere in the world. (1) any person or organization, or any agent or employee II. Limits of Liability thereof, operating an automobile sales agency repair shop, ser- vice station, storage garage or public parking place, with respect Regardless of the number of persons or organizations who are to any occurrence arising out of the operation thereof; or insureds under this policy and regardless of the nature and number of claims made or suits brought against any or all insureds, the (2) the owners or any lessee, other than the named insured, total limit of the company's liability for any one occurrence shall of a hired automobile or any agent or employee or such owner be the ultimate net loss resulting therefrom in excess of the under- or lessee; lying limit and then only up to the amount stated in the declarations as the occurrence limit; provided, however, the company's liability (d) any person or organization to whom or to which the named is further limited to the amount stated in the declarations as the insured is obligated by virtue of a written contract to provide in- aggregate limit, with respect to all ultimate net loss resulting from surance such as is afforded by this policy, but only with respect to one or more occurrences during each annual period while this policy operations performed by the named insured or facilities owned or is in force commencing from its effective date and arising out of used by the named insured and subject to the underlying limit either (1) products - completed operations liability, or (2) occupa- applicable to the insurance for the named insured with respect to tional diseases of employees of insureds, such aggregate limit ap- such operations or facilities; plying separately to (1) and (2). (e) any individual who is a named insured, but only with re- 111. Definition of Insured, Named Insured spect to the conduct of a business which is insured by the under - The "named insured" means the person or organization named I insurance policies described in the Schedule of Underlying in the declarations and includes any subsidiary thereof and any Insurance; other organization coming under the named insured's control of (f) any other person or organization who is an insured under which it assumes active management. any policy of underlying insurance, listed in the Schedule of Under - The unqualified word "insured" includes the named insured lying Insurance, subject to all the limitations upon coverage under and also includes: such policy other than the limits of the underlying insurer's liability. (a) any officer, director or stockholder of the named insured The insurance afforded applies separately to each insured while acting within the scope of his duties as such, and, if the against whom claim is made or suit is brought, but the inclusion named insured is or includes a partnership, any partner thereof but herein of more than one insured shall not operate to increase the only with respect to his liability as such; limits of the company's liability. POLICY PROVISIONS PART ONE JACKET PAGE 1 COMMERCIAL UMBRELLA LIABILITY POLICY • BRANCH BJA PRODUCER NUMBER DATE OF ISSUE I RENEWAL OR REPLACEMENT NO. 09 B F- 2329 -9 * 100 7 -19 -76 mg 155 -C 05780 Part Two. Item DECLARATIONS POLICY NUMBER 155 -C 0 9 0 87 1. -Named Jnaure - City of Oak Park Heights • • 14168 - 57th Street North • ADDRESS: • Stillwater, Minnesota 55002 - (Number & Street, City or Post Office, Zone, County & State) • - A 2. Policy Period: F "THE NAAIED STATED From: 7 -7 -7U T0: 7 -7 -79 • REPRESENTATIVE: Agent or Broker • Forest Lake Insurance Ag::ncy • Office Address . 232 South Lake • Town and State. Forest Lake, Minnesota 55025 • INTERSTATE FIRE & CASUALTY COMPANY CHICAGO, ILLINOIS 3. Occurrence Limit: $ 5, 000 , 000.00 6. Premium: $ 2,720,00 4. Aggregate Limit: $ 5,000,000.00 $ 54.40 2% S/L Tax 5. Retained Limit: $ 10,000.00 $ 2,774.40 To t a l $ 7. Schedule of Underlying Insurance: Rate: Flat Type of Policy Applicable Limits Comprehensive General Liability Insurance including: Bodily Injury: ®. Products — Completed Operations ® Personal Injury r ` ' Co t $ 500 ,000. each occurrence ❑ Broad Form Property Damage ,� 00 ,000. aggregate ❑ Employees as Add'I. Insureds 7 r`''c•, e ❑ Independent Contractors El Blanket Contractual Property, Damage',•- ~t -i t ftrw ®"X" "C" "U" $ 100 ,000. each occurieoe 'r ❑ $ 100 ,000. aggregate ' `.•`?ig Insurer: Home 1 nsurance Co. or Combined single limit and Policy Number: To Be Determined Aggregate: $ ,000. Policy Term: 7 -7 -78 To 7 -7 -79 Comprehensive Automobile Liability Insurance including: Bodily Injury $ ,000. each person ® Non -owned ® Hired Auto $ ,000. each occurrence Agi' Property Damage Insurer: Home Insurance Co. �? $ ,000. each occurrence Policy Number: To Be Determined ri ,- A > Policy Term: 7-7 -78 To 7-7-79 4:.;-', ` g ,or Combi sin le limit $ 500 ,000. Standard Workmen's Compensation and Employers Liability Policy: --` Insurer: Home Insurance Co. Coverage> $ 100 ,000. each accident Policy Number: To De Determined > Policy Term: 7 -7 -78 To 7 -7 -79 8. Other: ' Form Numbers of Endorsements forming a part of the policy at issue: r IFC -CIC 55-28 IFC -CIC 55 -62 IFC -C 1 C 55-31 IFC -CIC 55 -53 DO NOT TYPE IN THIS AREA IFC -10 Endorsement #1 /97,4-..,,e_._:__.-, J L Countersigned by d Authorized Representative 155 -C PRINTED 11/77 ENDORSEMENT NO. 1 - PUNITIVE DAMAGES - FOLLOWING FORM In consideration of the premium charged for this policy, it is understood and agreed that this policy does not apply to Punitive or Exemplary Damages awarded against the insured but this exclusion does not apply insofar as coverage is available to the insured under the underlying insurance listed in the Declarations. All other terms and conditions remain unchanged. M INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 155 - C 09087 ❑ CHICAGO INSURANCE COMPANY Issued to City of Oak Park Hei / • /1 7-7-78 By Effective I .e c -3 110 -J11 / PERSONAL INJURY - FOLLOWING FORM It is agreed that, except insofar as coverage is available to the insured in the underlying insurance as set forth in the Schedule of Underlying Insurance, this policy does not apply, as respects Section IV - Other Definitions - "Personal Injury ", to: (b) injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or (c) injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. It is further agreed that under no circumstances does this endorsement broaden the coverage otherwise provided in this policy. ci 4d ( . attAj - Secretary President IFC- CIC -55 -62 (6/78) MUNICIPALITY LIMITATION ENDORSEMENT It is agreed that this policy does not apply to: 1. liability for personal injury or property damage arising out of mob action, riot ctr civil commotion, or out of any act or omission in connection with the prevention or suppression of any of the foregoing; 2. liability arising out of Inverse Condemnation proceedings; 3. liability arising out of or contributed to by any complete or partial failure to supply water, electricity or gas. It is further agreed that this policy does not apply, except insofar as coverage is provided in the underlying insurance, as set forth in the Schedule of Underlying Insurance to: 1. Property damage arising out of: a. the Explosion Hazard b. the Collapse Hazard c. the Underground Property Damage Hazard 2. Personal Injury: As respects Section I V - Other Definitions - "Personal Injury" b. injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or c. injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or liquidated damages imposed by law; or d. injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. 3. Liability arising out of the ownership, maintenance, repair or control of streets, sidewalks, culverts or bridges. 4. Any claim arising out of the rendering of or failure to render any professional service. 5. Liability of others assumed by the insured under any written or oral contract or agreement. 744 (lc/4d secretary IFC -CIC -55.53 (6/78) President ADDITIONAL INSURING AGREEMENT FIRST DOLLAR DEFENSE It is agreed that the following insuring Agreement is added to the policy: Defense - Settlement. With respect to any occurrence not covered by (1) the underlying policy (ies) listed in Declaration 7— Schedule of Underlying Insurance, or (2) any other underlying insurance available to the insured and provided such occurrence is covered by the terms and conditions of this policy, except for the amount of the retained limit stated in Declaration 5, the company shall: (a) defend any suit seeking damages because of personal injury, property damage, or advertising liability, even if the allegations of such suit are groundless, false, or fraudulent, provided: (1) the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient, and (2) if such suit is brought elsewhere than in the United States of America, its territories or possessions, or Canada, and if the company is prevented, by the laws of said jurisdiction or otherwise, from carrying out the agreement to defend, the company agrees to reimburse the insured for defense expense incurred with its written consent; (b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts incurred under this agreement (except settlement of such claim or suit) are not a part of ultimate net loss and therefore are payable by the company in addition to the applicable limit of liability of this policy. The insured shall promptly reimburse the company for any amount of ultimate net loss paid on behalf of the insured within the retained limit specified in Declaration 5. Assistance and Cooperation of the Insured. This condition is amended to include the following: In the event of a claim or suit to which the company's defense - settlement undertaking applies, the insured shall immediately forward to the company every demand, notice, summons or other process pertaining to such suit. The insured shall in all other respects cooperate with the company, and upon the company's request assist in making settlement, in the conduct of the suit, and in enforcing any right of contribution or indemnity against any person or organization. X .4.4.A.„ 2 7,v --- eOttaJt 714 i Secretary President Attached to and forming part of No. 155—C 090e7 EX] INTERSTATE FIRE & CASUALTY COMPANY Issued to Ci of O Park H eight s [ ] CH GO INSURANCE COMPANY Effective date 7 -7 -78 B �.� y�- r.�ut /—= ,...= IFC -CIC -55.28 (Rev. 6/78) `f CONTRACTORS LIMITATION ENDORSEMENT It is agreed, that such insurance as is afforded by this policy is amended as follows: This policy does not apply: 1) To Property Damage to: a) equipment or property to be used in, a part of, or incidental to any construction operations, or b) that portion of any property upon which operations are being performed by or on behalf of the named insured in the course of construction, reconstruction or repair. 2) To Personal Injury or Property Damage for: a) any liability arising out of Joint Venture which is not designated in the declarations as a Named Insured; 9 5 , b) any liability arising out of any project insured under a "wrap -up" or similar rating plan. 3) Except insofar as coverage is provided in the underlying insurance at the limits specified in the Schedule of Underlying Insurance attached to this policy, to: a) Property Damage included within the Explosion hazard - includes property damage arising out of blasting or explo- sion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, under pressure, prime movers, piping P P s machinery or power transmitting equipment, Y P g q Ipment, or (2) arising out of operations 9 erations P performed for the insured by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract. The Collapse hazard - includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back filling, tunneling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any build- ing or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the Named Insured by independent contractors, or out of operations performed for the Named Insured by independent contractors, or (2) included with the completed operations hazard or the underground property damage hazard, or for which liability is assumed the insured 9 3 () assu ed b t Y by under an incidental contract. The Underground Property Damage hazard - includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground Property Damage hazard -means property damage to wire, conduits, pipes mains, sewers, tanks, tunnels, any similar property and any apparatus in connection therewith, beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drillings, borrowing, filling, back - filling, or pile driving. The underground property damage hazard does not include property damage, (1) arising out of operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. b) Personal Injury or Property Damage to liability assumed by the insured under any contract or agreement except an incidental contract: "Incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a muncipality required by municipal ordinance, except in connection with work for the municipality, (4) side -track agreement, or (5) elevator maintenance agreement. Attached to and forming part of No. 155-C 09087 [X] INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park Heights [ ] CHI,,Ca0 INSURANCE COMPANY P Effective date 7 --7 -73 By j� =� - G ` .... IFC- CIC -55 -31 (Rev. 4/77) SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Interstate Fire & Casualty Company (herein called the Company) to pay any amount claimed to be due hereunder, the Company, at the request of the Insured (or reinsured), will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon Insurance Commissioner, Insurance Division, St. Paul, Minnesota 55101 and that in any suit instituted against any one of them upon this contract, the Company will abide by the final decision of such Court or of any appellate Court in the event of an appeal. The above -name are authorized and directed to accept service of process on behalf of the Company in any such suit and /or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon the Company's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes pro - vision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insur- ance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceed- ing instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), any hereby designates the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Attached to and forming part of No. 15 -C 09087 INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park Heights Effective 7-7-73 By e' s ,. IFC -10 (Rev. 2/70) Y Iv. Other Definitions. Wherever used in this policy: (b) operations, including operations performed on behalf of the named insured, if the personal injury or property damage "Aircraft" means any heavier-than-air or lighter-than-air ai occurs after such operations have been completed or abandoned craft designed to transport persons or property. and away from premises owned, rented or controlled by the named "Advertising liability" means liability arising out of the named insured; provided that operations which may require further service insured's advertising activities for: or maintenance work, or correction because improperly or defec- tively performed, but which are otherwise complete, shall be deemed (a) Libel, slander or defamation of character; completed; and provided further that the following shall not be (b) Infringement of copyright or of title or of slogan; deemed to be "operations" within the meaning of this paragraph: or unfair competition or idea misappropriation under (1) pick -up and delivery, except from or onto a railroad car; (2) (c) Piracy P the maintenance of vehicles owned or used by or on behalf of the an implied contract; insured; or (3) the existence of tools, uninstalled equipment and (d) Invasion of right of privacy; abandoned or unused materials. The word "operations" as used herein includes any act or omission in connection with operations committed or alleged to have been committed in any advertisement, performed by or on behalf of the named insured on premises publicity article, broadcast or telecast. Y owned, rented or controlled by the named insured or elsewhere, "Automobile" means a land motor vehicle, trailer or semi - trailer. whether or not goods or products are involved in such operations. "Named Insured's Products" means goods or products (includ- "Property damage" means (1) physical injury to or destruction ing any container thereof) manufactured, sold, handled or distrib- of tangible property which occurs during the policy period, including uted by the named insured, or by others trading under his name. the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically in- "Occurrence" means an accident, including a continuous or jured or destroyed provided such loss of use is caused by an repeated exposure to conditions, which results, during the policy occurrence during the policy period. period, in a personal injury, property damage or advertising liabil "Ultimate net loss" means the total of the following sums ity neither expected nor intended from the standpoint of the in- arising out of any one occurrence to which this policy applies: sured, except that assault and battery committed by the insured for the purpose of protecting persons or property shall be deemed (a) all sums which the insured or any organization as his in- an occurrence. surer, or both, become legally obligated to pay as damages, whether For the purposes of determining the company's liability under by reason of adjudication or settlement, because of personal injury, the terms of Insuring Agreement II, property damage or advertising liability; and (a) with respect to personal injury and property damage, all (b) all expenses incurred by the insured or any organization such exposure to substantially the same general conditions existing as his insurer, or both, in the investigation, negotiation, settlement at or emanating from one premises location or source shall be and defense of any claim or suit seeking such damages, excluding deemed one occurrence; and only (1) the salaries of the insured's or insurer's regular employees, (2) office expenses of the insured or any insurer, and (3) all ex- (b) with respect to advertising liability all ultimate net loss pense included in other valid and collectible insurance. arising out of any advertisements, publicity articles, broadcasts or telecasts or any combination thereof involving the same injurious "Underlying limit" means material or act, regardless of the frequency of repetition thereof, or (a) the amount of the applicable limits of liability of the under - the number or kind of media used, or the number of persons claim- lying insurance as stated in the Schedule of Underlying Insurance, ing damages, shall be deemed to arise out of one occurrence. Tess the amount, if any, by which an aggregate limit of such in- "Personal Personal injury means (a) bodily injury, shock, sickness or surance has been reduced by payment of loss; and disease (including death, mental anguish and mental injury result- (b) in addition to the amount applicable in paragraph (a), the ing therefrom); (b) injury arising out of false arrest, false im- amount of any other valid and collectible insurance available to the prisonment, wrongful eviction, wrongful entry, wrongful detention insured, whether such other insurance is stated to be primary, con - or malicious prosecution; or (c) injury arising out of racial or re- tributing, excess or contingent (except insurance purchased to ligious discrimination not committed by or at the direction of the apply in excess of the sum of underlying limits described in par - named insured or any executive officer, director, stockholder or agraph (a), or the retained limit, and the limit of liability here - partner thereof, but only with respect to liability other than fines, under); or penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or (c) if the insurance afforded by the underlying insurance pol- invasion of right of privacy, unless such injury arises out of adver- icies stated in the Schedule of Underlying Insurance is inapplicable tiling activities. to the occurrence, the amount stated in the declarations as the re- tained limit, or the amount of other insurance stated in paragraph "Products— completed operations liability" means liability axis- (b), whichever is greater. ing out of The limits of liability of any underlying insurance policy stated (a) the handling or use of, the existence of any condition in or in the Schedule of Underlying Insurance shall be deemed applicable a warranty of the named insured's products other than equipment irrespective of (1) any defense which the underlying insurer may rented to or located for use of others but not sold, if the personal assert because of the insured's failure to comply with any condition injury or property damage occurs after the named insured has re- of the policy subsequent to an occurrence, or (2) the inability of linquished possession thereof to others; or the underlying insurer to pay by reason of bankruptcy or insolvency. EXCLUSIONS This policy does not apply: (b) to any employee as an insured with respect to personal (a) to any obligation for which the insured or any carrier as injury to another employee of the same employer injured in the his insurer may be held liable under any workmen's compensation, course of such employment, but this exclusion shall not apply to unemployment compensation or disability benefits law, or under personal injury with respect to which insurance is afforded such any similar law; insured by underlying insurance; JACKET PAGE 3 --— - (c) to liability arising out of the ownership, maintenance, oper- - (f) to property damage to ation, use, loading or unloading of (1) the named insured's products or premises alienated by the (1) aircraft, or named insured, arising out of such products or premises or any (2) watercraft over 50 feet in length, if the occurrence takes part of such products or premises; place away from premises owned by, rented to or controlled (2) work performed by or on behalf of the named insured arising by the named insured; out of the work or any portion thereof, or out of materials, but exclusion (c) (2) shall not apply to liability for personal injury parts or equipment furnished in connection therewith; to any employee of the insured arising out of and in the course of (3) property owned by the named insured; his employment by the insured; (g) to personal injury or property damage due to war, whether (d) to advertising liability arising out of: or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with (1) failure of performance of contract, other than the un- respect to liability assumed by the insured under any contract or authorized appropriation of ideas based upon alleged breach of agreement; an implied contract; or property damage; (h) to loss of use of tangible property which has not been (2) personal injury rY P P tY g physically injured or destroyed resulting from (3) infringement of trademark, service mark or trade name, (1) a delay in or lack of performance by or on behalf of the other than titles or slogans, by use thereof on or in connection named insured of any contract or agreement, or with goods or services sold, offered for sale or advertised; (2) the failure of the named insured's products or work per- (4) incorrect description or mistake in advertised price of formed by or on behalf of the named insured to meet the level goods or products sold, offered for sale or advertised; of performance, quality, fitness or durability warranted or (e) to any damages claimed, or expenses incurred for the with represented by the named insured; drawal, inspection, repair, replacement or loss of use of the named but this exclusion does not apply to Toss of use of other tangible insured's products or work completed by or for the named insured property resulting from the sudden and accidental physical injury or of any property of which such products or work form a part, if to or destruction of the named insured's products or work per- such products, work or property are withdrawn from the market formed by or on behalf of the named insured after such products or from use because of any known or suspected defect or deficiency or work have been put to use by any person or organization other therein; than an insured. CONDITIONS A. Premium. The advance premium stated in the declarations is claims and suits which in the exercise of sound judgment should be an estimated premium only. Upon termination of this policy the settled, provided, however, that the insured shall make no settle- earned premium shall be computed in accordance with the com- ment for any sum in excess of the retained limit without the ap- pany's rules and rates applicable to this insurance. proval of the company. The named insured shall maintain records of the information The company shall have the right and shall be given the oppor- necessary for premium computation and shall send copies of such tunity to associate with the insured or its underlying insurers, or records to the company at the end of the policy period and at such both, in the defense and control of any claim, suit or proceeding times during the policy period as the company may direct. which involves or appears reasonably likely to involve the company and in which event the insured, such insurers and the company B. Inspection and Audit. The company shall be permitted to in- shall cooperate in all things in defense of such claim, suit or pro - spect the insured's premises, operations and elevators and to exam- ceeding. ine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years The insured shall cooperate with the underlying insurers as after the final termination of this policy, as far as they relate to required by the terms of the underlying insurance and comply with the premium or the subject matter of this insurance. all the terms and conditions thereof, and shall enforce any right of contribution or indemnity against any person or organization who C. Notice of Occurrence. Whenever it appears that an occurrence may be liable to the insured because of personal injury, property is likely to involve indemnity under this policy, written notice damage or advertising liability with respect to which insurance is thereof shall be given to the company or any of its authorized afforded under thi policy or the underlying policies. agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable in- E. Appeals. In the event the insured or the insured's underlying formation respecting the time, place and circumstances of the insurer elects not to appeal a judgment in excess of the underlying occurrence, the names and addresses of the injured and of available limit or retained limit, the company may elect to do so at its own witnesses. expense, and shall be liable for the taxable costs, disbursements and The insured shall give like notice of any claim made on ac - interest incidental thereto, but in no event shall the liability of the count of such occurrence. If legal proceedings are begun the i company for ultimate net loss exceed the amount herein applicable sured, when requested by the company, shall forward to it each for any one occurrence plus the taxable costs, disbursements and paper thereon, or a copy thereof, received by the insured or the interest incidental to such appeal. insured's representatives, together with copies of reports of in- vestigations made by the insured with respect to such claim F. Loss Payable. The company's liability under this policy with proceedings. respect to any occurrence shall not attach until the amount of the applicable underlying limit has been paid by or on behalf of the D. Assistance and Cooperation of the Insured. The insured shall insured on account of such occurrence. The insured shall make be responsible for the investigation, settlement or defense of any claim for any loss under this policy as soon as practicable after (a) claim made or suit brought or proceeding instituted against the the insured shall have paid ultimate net loss in excess of the under- insured which no underlying insurer is obligated to defend. The lying limit with respect to any occurrence or (b) the insured's insured shall use due diligence and prudence to settle all such obligation to pay such amounts shall have been finally determined JACKET PAGE 4 either by judgment against the insured after actual trial or by the event of such failure, the company shall be liable only to the written agreement of the insured, the claimant and the company. extent that it would have been liable had the named insured com- If any subsequent payments are made by the insured on ac- plied therewith. count of the same occurrence, additional claims shall be made sim- The named insured shall give the company written notice as ilarly from time to time and shall be payable within 30 days after soon as practicable of any change in the scope of coverage or in proof in conformity with this policy. the amount of limits of insurance under any underlying insurance, and of the termination of any coverage or exhaustion of aggregate G. Bankruptcy or Insolvency. Bankruptcy or insolvency of the insured limits of any underlying insurer's liability. shall not relieve the company of any of its obligations hereunder. L. Cancelation. This policy may be canceled by the named insured H. Subrogation. In the event of any payment under this policy, by surrender thereof to the company or any of its authorized agents the company shall participate with the insured and any underlying or by mailing to the company written notice stating when there - insurer in the exercise of all the insured's rights of recovery against after the cancelation shall be effective. This policy may be canceled any person or organization liable therefor. Recoveries shall be ap- by the company by mailing to he named insured first named in the plied first to reimburse any interest (including the insured) that declarations at the address shown in this policy written notice may have paid any amount, with respect to liability in excess of stating when not Tess than thirty days thereafter such cancelation the limit of the company's liability hereunder; then to reimburse shall be effective. The mailing of notice as aforesaid shall be suffi- the company up to the amount paid hereunder; and lastly to reim- cient proof of notice. The time of the surrender or the effective burse such interests (including the insured), of whom this insur- date and hour of cancelation stated in the notice shall become the ance is excess, as are entitled to claim the residue, if any; but a end of the policy period. different apportionment may be made tc effect settlement of a If the named insured cancels, earned premium shall be com- claim by agreement signed by all interests. Reasonable expenses puted in accordance with the customary short rate tables and pro incurred in the exercise of rights of recovery shall be apportioned cedure. If the company cancels, earned premium shall be computed among all interests in the ratio of their respective losses for which pro rata. Premium adjustment may be made either at the time recovery is sought. cancelation is effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is • I. Changes. Notice to any agent or knowledge possessed by any not a condition of cancelation. agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any rights under the terms of this policy; nor shall the terms of this M. Agent for Named Insureds. If there is more than one named policy be waived or changed, except by endorsement issued to form insured hereunder, the named insured first named in item 1 of the a part of this policy. declarations shall be deemed to be the agent for all named insureds with respect to notice of cancelation, payment of return premium, J. Assignment. Assignment of interest under this policy shall not and in all other matters pertaining to this insurance. bind the company until its consent is endorsed hereon. N. Declarations. By acceptance of this policy the named insured K. Maintenance of Underlying Insurance. Each policy described in agrees that the statements in the application and the declarations, the declarations, including renewals or replacements thereof, shall and in any subsequent notice relating to underlying insurance are be maintained in full effect during the currency of this policy, its agreements and representations, that this policy is issued and except for any reduction of the aggregate limit or limits contained continued in reliance upon the truth of such representations and therein solely by payment of claims in respect of occurrences taking that this policy embodies all agreements existing between the place during the period of this policy. Failure of the named insured named insured and the company or any of its agents relating to to comply with the foregoing shall not invalidate this policy but in this insurance. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page and countersigned on the aforesaid declarations page by a duly authorized representative of the company. Secretary President JACKET PAGE 5 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) It is agreed that the policy does not apply: IV. As used in this endorsement: I. Under any Liability Coverage, to injury, sickness, disease, "hazardous properties" include radioactive, toxic or explosive death or destruction properties; (a) with respect to which an insured under the policy is also "nuclear material" means source material, special nuclear ma- an insured under a nuclear energy liability policy issued by Nuclear terial or byproduct material; Energy Liability Insurance Association, Mutual Atomic Energy Liability "source material," "special nuclear material," and "byproduct Underwriters or Nuclear Insurance Association of Canada, or would be material" have the meanings given them in the Atomic Energy Act an insured under any such policy but for its termination upon exhaustion of its limit of liability; or of 1954 or in any law amendatory thereof; (b) resulting from the hazardous properties of nuclear material "spent fuel" means any fuel element or fuel component, solid and with respect to which (1) any person or organization is required or liquid, which has been used or exposed to radiation in a nuclear to maintain financial protection pursuant to the Atomic Energy Act reactor; of 1954, or any law amendatory thereof, or (2) the insured is, or had "waste" means any waste material (1) containing byproduct this policy not been issued would be, entitled to indemnity from the material and (2) resulting from the operation by any person or United States of America, or any agency thereof, under any agree- organization of any nuclear facility included within the definition ment entered into by the United States of America, or any agency of nuclear facility under paragraph (a) or (b) thereof; thereof, with any person or organization. 11. Under any Medical Payments Coverage, or under any Supple- "nuclear facility" means mentary Payments provision relating to immediate medical or surgical (a) any nuclear reactor, relief, to expenses incurred with respect to bodily injury, sickness, (b) any equipment or device designed or used for (1) separat- disease or death resulting from the hazardous properties of nuclear ing the isotopes of uranium or plutonium, (2) processing or utiliz- material and arising out of the operation of a nuclear facility by any ing spent fuel, or (3) handling, processing or packaging waste, person or organization. (c) any equipment or device used for the processing, fabricat- 111. Under any Liability Coverage, to injury, sickness, disease, ing or alloying of special nuclear material if at any time the total death or destruction resulting from the hazardous properties of amount of such material in the custody of the insured at the prem- nuclear material, if ises where such equipment or device is located consists of or con - (a) the nuclear material (1) is at any nuclear facility owned by, tains more than 25 grams of plutonium or uranium 233 or any or operated by or on behalf of, an insured or (2) has been discharged combination thereof, or more than 250 grams of uranium 235, or dispersed therefrom; (d) any structure, basin, excavation, premises or place pre - (b) the nuclear material is contained in spent fuel or waste at pared or used for the storage or disposal of waste, any time possessed, handled, used, processed, stored, transported or and includes the site on which any of the foregoing is located, all disposed of by or on behalf of an insured; or operations conducted on such site and all premises used for such (c) the injury, sickness, disease, death or destruction arises out operations; of the furnishing by an insured of services, materials, parts or "nuclear reactor" means any apparatus designed or used to equipment in connection with the planning, construction, maintenance, sustain nuclear fission in a self- supporting chain reaction or to operation or use of any nuclear facility, but if such facility is located contain a critical mass of fissionable material; within the United States of America, its territories or possessions or With respect to injury to or destruction of property, the word Canada, this exclusion (c) applies only to injury to or destruction of "injury" or "destruction" includes all forms of radioactive con - property at such nuclear facility. tamination of property. This endorsement modifies the provisions of the policy relating cable in the States of Maryland, New Hampshire and Vermont. to Personal Injury or Property Damage Liability, but is inappli- EXCLUSION OF CONTAMINATION OR POLLUTION It is agreed that such insurance as is afforded by this policy irritants, contaminants or pollutants into or upon land, the atmos- shall not apply to personal injury or property damage arising out phere or any watercourse or body of water; but this exclusion does of the discharge, dispersal, release or escape of smoke, vapors, - not apply if such discharge, dispersal, release or escape is sudden soot, fumes, acids, alkalis, toxic chemicals, waste materials or other and accidental. Supplementary Exclusion (Described Operations) It is agreed that, in respect to operations described in this en- water, such insurance as is afforded by this policy shall not apply dorsement, if there is a discharge, dispersal, release or escape of oil to personal injury or property damage arising out of such discharge, or other petroleum substance or derivative (including any oil refuse dispersal, release or escape whether or not sudden and accidental. or oil mixed with wastes) into or upon any watercourse or body of Description of Operations Gas Lease Operators — natural gas Oil or Gas Wells— drilling or redrilling, installation or recovery of casing Gasoline Recovery —from casing head or natural gas Oil or Gas Wells— instrument logging or survey work in wells Non- operating working interests Oil or Gas Wells— perforating of casing Oil Lease Operators Oil or Gas Well Shooting Oil Pipe Lines — operation, including maintenance Oil or Gas Wells — acidizing Oil Rig or Derrick Erecting or Dismantling —wood or Oil or Gas Wells— cementing metal— including construction of foundations or structures or in- Oil or Gas Wells— cleaning or swabbing —by contractors stallation of equipment JACKET PAGE 6 ti , COMMERCIAL UMBRELLA LIABILITY POLICY NAME INSURED a -F s s c co a. < own _ m fP K c ^ �1 .9. se 7 = O m ` r �A S G )� n o m _ �7 m /^� 2 O H Q AO F- _ � ` r v a 3 � A w Cip C i A C r n Z V r rt K ir .-p O T r .....- Fri C N � O O < m , rt . O c THIS POLICY DOES NOT APPLY TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF AIRCRAFT The company agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy, as follows: INSURING AGREEMENTS I. Coverage (b) except with respect to the ownership, maintenance or use, a including loading or unloading, of automobiles while away from The company agrees to indemnify the insured for all sums premises owned by, rented to or controlled by the named insured which the insured shall become obligated to pay as damages, direct g p Y g � or the ways immediate) adjoining, (1) any employee of the named or consequential, hereinafter defined and expenses, all as herer dened as in- y Y 1 g' Y q P insured while acting within the scope of his duties as such; or (2) cluded within the term ultimate net foss, by reason of liability any person son or organization acting as agent with respect to real YP g g g P (a) imposed upon the insured by law, or estate management for the named insured; (b) assumed by the named insured, or by any officer, director, (c) with respect to any automobile owned by the named in- stockholder or employee thereof while acting within the scope of sured or hired for use by or on behalf of the named insured, any his duties as such, under any contract or agreement, person while using such automobile and any person or organization g YA anization g because of personal injury, property damage, or advertising liability legally responsible for the use thereof, provided its actual use is caused by or arising out of an occurrence which takes lace during with the permission of the named insured, except the policy period a nywhere in the world. place p P (1) any person or organization, or any agent or employee ) Y P g � Y g P Y II. Limits of Liability thereof, operating an automobile sales agency repair shop, ser- vice station, storage garage or public parking place, with respect Regardless of the number of persons or organizations who are to any occurrence arising out of the operation thereof; or insureds under this policy and regardless of the nature and number of claims made or suits brought against any or all insureds, the (2) the owners or any lessee, other than the named insured, total limit of the company's liability for any one occurrence shall of a hired automobile or any agent or employee or such owner be the ultimate net loss resulting therefrom in excess of the under- or lessee; lying limit and then only up to the amount stated in the declarations as the occurrence limit; provided, however, the company's liability (d) any person or organization to whom or to which the named is further limited to the amount stated in the declarations as the insured is obligated by virtue of a written contract to provide in- aggregate limit, with respect to all ultimate net Toss resulting from surance such as is afforded by this policy, but only with respect to one or more occurrences during each annual period while this policy operations performed by the named insured or facilities owned or is in force commencing from its effective date and arising out of used by the named insured and subject to the underlying limit either (1) products - completed operations liability, or (2) occupa- applicable to the insurance for the named insured with respect to bona( diseases of employees of insureds, such aggregate limit ap- such operations or facilities; plying separately to (1) and (2). (e) any individual who is a named insured, but only with re- lit. Definition of Insured, Named Insured spect to the conduct of a business which is insured by the under- The "named insured" means the person or organization named I policies described in the Schedule of Underlying in the declarations and includes any subsidiary thereof and any other organization coming under the named insured's control of (f) any other person or organization who is an insured under which it assumes active management. any policy of underlying insurance, listed in the Schedule of Under - The unqualified word "insured" includes the named insured lying Insurance, subject to all the limitations upon coverage under and also includes: such policy other than the limits of the underlying insurer's liability. (a) any officer, director or stockholder of the named insured The insurance afforded applies separately to each insured while acting within the scope of his duties as such, and, if the against whom claim is made or suit is brought, but the inclusion named insured is or includes a partnership, any partner thereof but herein of more than one insured shall not operate to increase the only with respect to his liability as such; limits of the company's liability. POLICY PROVISIONS PART ONE .4 JACKET PAGE 1 COMMERCIAL UMBRELLA LIABILITY POLICY BRANCH B/A PRODUCER NUMBER . DATE OF ISSUE RENEWAL OR REPLACEMENT NO. 09 B F- 2329 -9 100 8 -28 -79 mg 155 -C 09087 Part Two. ` iie^stj DECLARATIONS POLICY NUMBER 155 -C 14 518 E • _Named .�niured • City of Oak Park Heights • • 14168 - 57th Street North • ADDRESS: • St i 1 lwater, Minnesota 55082 • (Number & Street, City or Post Office, Zone, County & State) • - 2. Polio Period: V14. M., STANOARO TIME Ai HDDRESS From: - 7 -7 -79 To: 7 -7 -8O - Y NAMED INSURED E STATED A HEREIN. REPRESENTATIVE: Agent or Broker • Forest Lake Insurance Agency - Office Address . 232 South Lake • Town and State . Box 188 • Forest Lake Minnesota 55025 • INTERSTATE FIRE & CASUALTY COMPANY CHICAGO, ILLINOIS 3. Occurrence Limit: $ 5 .0Qd . 000 , 00 6. Premium: $ 2 di 0.00 4. Aggregate Limit: $5.000.000,00 $ S2.50 3% S/L Tax 5. Retained Limit: $10,000.00 $ 2 'R2,50 Total $ 7. Schedule of Underlying Insurance: Rate: F l a t Type of Policy Applicable Limits Comprehensive General Liability Insurance including: Bodily Injury: N. Products — Completed Operations f 'd r ® Personal Injury I $ 500 ,000. each occurrence ❑ Broad Form Property Damage . f'- $ 500 ,000. aggregate ❑ Employees as Add'I. Insureds E] Independent Contractors C •a 7 � '' , ? 7 ® Blanket Contractual ''►f I /Property Damage: ® "X" "C" "U' I $ i f•.:109,- ,000. each occurrence E1 $ 1' 0 1, f 000. aggregate Insurer: Home or Combined single limit and Policy Number: 1ST 846 2807 Aggregate: $ ,000. Policy Term: 7 -7 -79 To 7 -7 -80 Comprehensive Automobile Liability Insurance including: - '.:Bodily F 'njury, " - $ ,000. each person j+(J Non -owned ® Hired Auto ',,-d -• - $ - ,000. each occurrence Property Damage Insurer: Home $ ,000, each occurrence Policy Number: BA 602 1105 53925 Policy Term: 7 -7 -79 To 7 -7 -80 -" - . or Combined single limit $ 500 ,000. Standard Workmen's Compensation and Employers Liability Policy: o,o.i ‘-> - --, " Insurer: Home Coverage B: $ 100,000. each accident Policy Number: WC 966 1195 -52843 Policy Term: 7 -7 -79 To 7 -7 -80 8. Other: Form Numbers of Endorsements forming a part of the policy at issue: (— IFC --CIC 55-28 IFC -CIC 55 -62 IFC -CIC 55 -31 IFC-10 DO NOT TYPE IN THIS AREA Endorsements #1 to #4 L l Y . Countersigned by 7 1 Authorized Representative 155 -C PRINTED 9 -78 • ENDORSEMENT NO. 1 PUNITIVE DAMAGES - FOLLOWING FORM In consideration of the premium charged for this pol icy, it is understood and agreed that this policy does not apply to Punitive or Exemplary Damages awarded against the insured but this exclusion does not apply insofar as coverage is available to the insured under the underlying insurance listed in the Declarations. All other terms and conditions remain unchanged. ® INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 1 55 -C 14518 ❑ CHICAGO INSURANCE COMPANY, Issued to City of Oak Park Heights Effective B y '" IFC-CIC'3 00 -711 1 ENDORSEMENT NO. 2 VOLUNTEER FIREMEN This policy shall not apply to personal injury to any volunteer fireman, or volunteer worker, whether or not a member of the named insured's organization, while in the course of his duties as such. All other terms and conditions remain unchanged. ® INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 155-C 14518 ❑ CHICAGO INSURANCE COMPANY Issued to City of Oak Park Heights n • 7 - 79 B 7 - Effective - Y IFC-CIC -3 110 -711 ! / ENDORSEMENT NO. 3 It is hereby understood and agreed that Public Officials Errors and Omissions is excluded under this policy. All other terms and conditions remain unchanged. XI INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 155-C 14518 0 CHICAGO INSURANCE COMPANY, Issued to City of Oak Park Heights •. Effective 7-7-79 By /r i ENDORSEMENT # 4 MUNICIPALITY (POLITICAL SUBDIVISION) This policy shall not apply: (1) to personal injury or property damage arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention or suppression of any of the foregoing. (2) to claims for loss or damage or any liability of any and all insureds arising out of or in any way connected with the application of the principles of eminent domain, condemnation proceedings, retroactive condemnation, inverse condemnation or reverse condemnation, or whatever named called regardless or whether such claims are made directly against the insured of by virtue of any agreement entered into by or on behalf of the insured. (3) to property damage to: (a) property owned or occupied by or rented to any insured hereunder, (b) property used by any insured hereunder or, (c) property in the care, custody or control of any insured hereunder or as to which any insured hereunder is for any purpose exercising physical control. (4) to liability arising from the rendering or failure to render a professional service by any physician, surgeon, dentist or nurse. (5) to bodily injury or property damage arising out of or contributed to by any partial or complete interruption or impairment of service. (6) to the ownership, maintenance, or use of any: (a) airport, (b) hospital, medical or dental clinic, (c) gas utility, (d) electric utility; and operations and premises connected therewith. (7) to any benefits available under the Automobile Reparations Act (so- called "No- Fault" Laws) of any state. Attached to and forming part of No. 155-C 14518 X INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park Heights --CHICAGO INSURANCE COMPA1(,Y Effective 7-7-79 BY � r� = 11 d PERSONAL INJURY - FOLLOWING FORM It is agreed that, except insofar as coverage is available to the insured in the underlying insurance as set forth in the Schedule of Underlying Insurance, this policy does not apply, as respects Section IV - Other Definitions - "Personal Injury", to: (b) injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or (c) injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. It is further agreed that under no circurpstances does this endorsement broaden the coverage otherwise provided in this policy. • ( Secretary President IFC- CIC -55 -62 (6/78) • ADDITIONAL INSURING AGREEMENT FIRST DOLLAR DEFENSE It is agreed that the following insuring Agreement is added to the policy: Defense - Settlement. With respect to any occurrence not covered by (1) the underlying policy (ies) listed in Declaration 7— Schedule of Underlying Insurance, or (2) any other underlying insurance available to the insured and provided such occurrence is covered by the terms and conditions of this policy, except for the amount of the retained limit stated in Declaration 5, the company shall: (a) defend any suit seeking damages because of personal injury, property damage, or advertising liability, even if the allegations of such suit are groundless, false, or fraudulent, provided: (1) the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient, and (2) if such suit is brought elsewhere than in the United States of America, its territories or possessions, or Canada, and if the company is prevented, by the laws of said jurisdiction or otherwise, from carrying out the agreement to defend, the company agrees to reimburse the insured for defense expense incurred with its written consent; (b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts incurred under this agreement (except settlement of such claim or suit) are not a part of ultimate net loss and therefore are payable by the company in addition to the applicable limit of liability of this policy. The insured shall promptly reimburse the company for any amount of ultimate net loss paid on behalf of the insured within the retained limit specified in Declaration 5. Assistance and Cooperation of the Insured. This condition is amended to include the following: In the event of a claim or suit to which the company's defense - settlement undertaking applies, the insured shall immediately forward to the company every demand, notice, summons or other process pertaining to such suit. The insured shall in all other respects cooperate with the company, and upon the company's request assist in making settlement, in the conduct of the suit, and in enforcing any right of contribution or indemnity against organization. -- 001-44-14- 714 4-4-A-A":" ai g Y y gamst any person or Secretary President IFC- CIC -55 -28 (Rev. 6/78) CONTRACTORS LIMITATION ENDORSEMENT • It is agreed, that such insurance as is afforded by this policy is amended as follows: This policy does not apply: 1) To Property Damage to: a) equipment or property to be used in, a part of, or incidental to any construction operations, or b) that portion of any property upon which operations are being performed by or on behalf of the named insured in the course of construction, reconstruction or repair. 2) To Personal Injury or Property Damage for: a) any liability arising out of Joint Venture which is not designated in the declarations as a Named Insured; b) any liability arising out of any project insured under a "wrap -up" or similar rating plan. 3) Except insofar as coverage is provided in the underlying insurance at the limits specified in the Schedule of Underlying Insurance attached to this policy, to: a) Property Damage included within the Explosion hazard - includes property damage arising out of blasting or explo- sion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the insured by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract. The Collapse hazard - includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back filling, tunneling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any build- , ing or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the Named Insured by independent contractors, or out of operations performed for the Named Insured by independent contractors, or (2) included with the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract. The Underground Property Damage hazard - includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground Property Damage hazard -means property damage to wire, conduits, pipes mains, sewers, tanks, tunnels, any similar property and any apparatus in connection therewith, beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drillings, borrowing, filling, back - filling, or pile driving. The underground property damage hazard does not include property damage, (1) arising out of operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. b) Personal Injury or Property Damage to liability assumed by the insured under any contract or agreement except an incidental contract: "Incidental contract" means any written y (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify adjacent O g t d mnify a muncipality required by municipal ordinance, except in connection with work for the municipality, (4) side -track agreement, or (5) elevator maintenance agreement. Attached to and forming part of No. —C 14 10 F( j INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park Heights [ 1 CHICAGO INSURANCE COMPANY ,/ - ;\ w .�- ,� �..� r r`✓i ;ice✓ Effective date 7 -7 -79 B 1 d IFC- CIC -55 -31 (Rev. 4/77) SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Interstate Fire & Casualty Company (herein called the Company) to pay any amount claimed to be due hereunder, the Company, at the request of the Insured (or reinsured), will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters rising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon Insurance Commissioner, Insurance Division, St. Paul, Minnesota 55101 and that in any suit instituted against any one of them upon this contract, the Company will abide by the final decision of such Court or of any appellate Court in the event of an appeal. The above -name are authorized and directed to accept service of process on behalf of the Company in any such suit and /or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon the Company's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes pro- vision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insur- ance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceed- ing instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), any hereby designates the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Attached to and forming part of No. 155 -C 1 INTERSTATE FIRE & CASUALTY COMPANY Issued to City of Oak Park Heights Effective 7 - 7 - 79 By � , r . ..� t .- A- - 1 � IFC -10 (Rev. 2/70) .t IV. Other Definitions. Wherever used in this policy: (b) operations, including operations performed on behalf of "Aircraft" means any heavier-than-air or lighter-than-air air the named insured, if the personal injury or property damage craft designed to transport persons or property. occurs after such operations have been completed or abandoned and away from premises owned, rented or controlled by the named "Advertising liability" means liability arising out of the named insured; provided that operations which may require further service insured's advertising activities for: or maintenance work, or correction because improperly or defec- (a) Libel, slander or defamation of character; tively performed, but which are otherwise complete, shall be deemed completed; and provided further that the following shall not be (b) Infringement of copyright or of title or of slogan; deemed to be "operations" within the meaning of this paragraph: (1) pick -up and delivery, except from or onto a railroad car; (2) (c) Piracy or unfair competition or idea misappropriation under the maintenance of vehicles owned or used by or on behalf of the an implied contract; insured; or (3) the existence of tools, uninstalled equipment and (d) Invasion of right of privacy; abandoned or unused materials. The word "operations" as used committed or alleged to have been committed in any advertisement, herein includes any act or omission in connection with operations publicity article, broadcast have telecast. performed by or on behalf of the named insured on premises owned, rented or controlled by the named insured or elsewhere, "Automobile" means a land motor vehicle, trailer or semi - trailer. whether or not goods or products are involved in such operations. "Named Insured's Products" means goods or products (includ- "Property damage" means (1) physical injury to or destruction ing any container thereof) manufactured, sold, handled or distrib- of tangible property which occurs during the policy period, including uted by the named insured, or by others trading under his name. the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically in- "Occurrence" means an accident, including a continuous or lured or destroyed provided such Toss of use is caused by an repeated exposure to conditions, which results, during the policy occurrence during the policy period. period, in a personal injury, property damage or advertising Iiabil "Ultimate net loss" means the total of the following sums ity neither expected nor intended from the standpoint of the in sured, except that assault and battery committed by the insured arising out of any one occurrence to which this policy applies: for the purpose of protecting persons or property shall be deemed (a) all sums which the insured or any organization as his in- an occurrence. surer, or both, become legally obligated to pay as damages, whether For the purposes of determining the company's liability under by reason of adjudication or settlement, because of personal injury, the terms of Insuring Agreement II, property damage or advertising liability; and (a) with respect to personal injury and property damage, all (b) all expenses incurred by the insured or any organization such exposure to substantially the same general conditions existing as his insurer, or both, in the investigation, negotiation, settlement at or emanating from one premises location or source shall be and defense of any claim or suit seeking such damages, excluding deemed one occurrence; and only (1) the salaries of the insured's or insurer's regular employees, (2) office expenses of the insured or any insurer, and (3) all ex- (b) with respect to advertising liability all ultimate net loss pense included in other valid and collectible insurance. arising out of any advertisements, publicity articles, broadcasts or telecasts or any combination thereof involving the same injurious "Underlying limit" means material or act, regardless of the frequency of repetition thereof, or (a) the amount of the applicable limits of liability of the under- the number or kind of media used, or the number of persons claim- lying • insurance as stated in the Schedule of Underlying Insurance, ing damages, shall be deemed to arise out of one occurrence. less the amount, if any, by which an aggregate limit of such in- "Personal injury" means (a) bodily injury, shock, sickness or surance has been reduced by payment of loss; and disease (including death, mental anguish and mental injury result- (b) in addition to the amount applicable in paragraph (a), the ing therefrom); (b) injury arising out of false arrest, false im- amount of any other valid and collectible insurance available to the prisonment, wrongful eviction, wrongful entry, wrongful detention insured, whether such other insurance is stated to be primary, con - or malicious prosecution; or (c) injury arising out of racial or re- tributing, excess or contingent (except insurance purchased to Iigious discrimination not committed by or at the direction of the apply in excess of the sum of underlying limits described in par- named insured or any executive officer, director, stockholder or agraph (a), or the retained limit, and the limit of liability here - partner thereof, but only with respect to liability other than fines, under); or penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or (c) if the insurance afforded by the underlying insurance pol- invasion of right of privacy, unless such injury arises out of adver- icies stated in the Schedule of Underlying Insurance is inapplicable tising activities. to the occurrence, the amount stated in the declarations as the re- tained limit, or the amount of other insurance stated in paragraph "Products— completed operations liability" means liability aris- (b), whichever is greater. ing out of The limits of liability of any underlying insurance policy stated (a) the handling or use of, the existence of any condition in or in the Schedule of Underlying Insurance shall be deemed applicable a warranty of the named insured's products other than equipment irrespective of (1) any defense which the underlying insurer may rented to or located for use of others but not sold, if the personal assert because of the insured's failure to comply with any condition injury or property damage occurs after the named insured has re- of the policy subsequent to an occurrence, or (2) the inability of linquished possession thereof to others; or the underlying insurer to pay by reason of bankruptcy or insolvency. EXCLUSIONS This policy does not apply: (b) to any employee as an insured with respect to personal (a) to any obligation for which the insured or any carrier as injury to another employee of the same employer injured in the his insurer may be held liable under any workmen's compensation, course of such employment, but this exclusion shall not apply to . unemployment compensation or disability benefits law, or under personal injury with respect to which insurance is afforded such any similar law; insured by underlying insurance; . JACKET PAGE 3 (c) to liability arising out of the ownership, maintenance, oper- (f) to property damage to ation, use, loading or unloading of > g g (1) the named insured's products or premises alienated by tie () p P Y (1) aircraft, or named insured, arising out of such products or premises or any (2) watercraft over 50 feet in length, if the occurrence takes part of such products or premises; place away from premises owned by, rented to or controlled (2) work performed by or on behalf of the named insured arising by YP the named insured; out of the work or any portion thereof, or out of materials, but exclusion (c) (2) shall not apply to liability for personal injury parts or equipment furnished in connection therewith; to any employee of the insured arising out of and in the course of (3) property owned by the named insured; his employment by the insured; (g) to personal injury or property damage due to war, whether (d) to advertising liability arising out of: or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with (1) failure of performance of contract, other than the un- respect to liability assumed by the insured under any contract or authorized appropriation of ideas based upon alleged breach of agreement; an implied contract; (h) to loss of use of tangible property which has not been (2) personal injury or property damage; physically injured or destroyed resulting from (3) infringement of trademark, service mark or trade name, (1) a delay in or lack of performance by or on behalf of the other than titles or slogans, by use thereof on or in connection named insured of any contract or agreement, or with goods or services sold, offered for sale or advertised; (2) the failure of the named insured's roducts or work per- p P formed by or on behalf e insured t (4) incorrect description or mistake in advertised price of y o of the named o eet the level m goods or products sold, offered for sale or advertised; of performance, quality, fitness or durability warranted or (e) to any damages claimed, or expenses incurred for the with represented by the named insured; drawal, inspection, repair, replacement or Toss of use of the named but this exclusion does not apply to loss of use of other tangible insured's products or work completed by or for the named insured property resulting from the sudden and accidental physical injury or of any property of which such products or work form a part, if to or destruction of the named insured's products or work per - such products, work or property are withdrawn from the market formed by or on behalf of the named insured after such products or from use because of any known or suspected defect or deficiency or work have been put to use by any person or organization other therein; than an insured. CONDITIONS A. Premium. The advance premium stated in the declarations is claims and suits which in the exercise of sound judgment should be an estimated premium only. Upon termination of this policy the settled, provided, however, that the insured shall make no settle- earned premium shall be computed in accordance with the com- ment for any sum in excess of the retained limit without the ap- pany's rules and rates applicable to this insurance. proval of the company. The named insured shall maintain records of the information The company shall have the right and shall be given the oppor- necessary for premium computation and shall send copies of such tunity to associate with the insured or its underlying insurers, or records to the company at the end of the policy period and at such both, in the defense and control of any claim, suit or proceeding times during the policy period as the company may direct. which involves or appears reasonably likely to involve the company and in which event the insured, such insurers and the company B. Inspection and Audit. The company shall be permitted to in- shall cooperate in all things in defense of such claim, suit or pro- spect the insured's premises, operations and elevators and to exam- ceeding. ine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years The insured shall cooperate with the underlying insurers as after the final termination of this policy, as far as they relate to required by the terms of the underlying insurance and comply with the premium or the subject matter of this insurance. all the terms and conditions thereof, and shall enforce any right of contribution or indemnity against any person or organization who C. Notice of Occurrence. Whenever it appears that an occurrence may be liable to the insured because of personal injury, property is likely to involve indemnity under this policy, written notice damage or advertising liability with respect to which insurance is thereof shall be given to the company or any of its authorized afforded under this policy or the underlying policies. agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable in- E. Appeals. In the event the insured or the insured's underlying formation respecting the time, place and circumstances of the insurer elects not to appeal a judgment in excess of the underlying occurrence, the names and addresses of the injured and of available limit or retained limit, the company may elect to do so at its own witnesses. expense, and shall be liable for the taxable costs, disbursements and The insured shall give like notice of any claim made on ac- interest incidental thereto, but in no event shall the liability of the count of such occurrence. If legal proceedings are begun the in- company for ultimate net Toss exceed the amount herein applicable sured, when requested by the company, shall forward to it each for any one occurrence plus the taxable costs, disbursements and paper thereon, or a copy thereof, received by the insured or the interest incidental to such appeal. insured's representatives, together with copies of reports of in- vestigations made by the insured with respect to such claim F. Loss Payable. The company's liability under this policy with proceedings. respect to any occurrence shall not attach until the amount of the applicable underlying limit has been paid by or on behalf of the D. Assistance and Cooperation of the Insured. The insured shall insured on account of such occurrence. The insured shall make be responsible for the investigation, settlement or defense of any claim for any loss under this policy as soon as practicable after (a) claim made or suit brought or proceeding instituted against the the insured shall have paid ultimate net loss in excess of the under- insured which no underlying insurer is obligated to defend. The Tying limit with respect to any occurrence or (b) the insured's insured shall use due diligence and prudence to settle all such obligation to pay such amounts shall have been finally determined JACKET PAGE 4 &either 1 Y judgment g ud ment a ainst the insured after actual trial or by the event of such failure, the company shall be liable only to the written agreement of the insured, the claimant and the company. extent that it would have been liable had the named insured com - If any subsequent payments are made by the insured on ac- plied therewith. count of the same occurrence, additional claims shall be made sim• The named insured shall give the company written notice as ilarly from time to time and shall be payable within 30 days after soon as practicable of any change in the scope of coverage or in proof in conformity with this policy. the amount of limits of insurance under any underlying insurance, and of the termination of any coverage or exhaustion of aggregate G. Bankruptcy or Insolvency. Bankruptcy or insolvency of the insured limits of any underlying insurer's liability. shall not relieve the company of any of its obligations hereunder. L. Cancelation. This policy may be canceled by the named insured r policy, surrender thereof to the company or any of its authorized agents Subrogation. In the event of any payment under this po icy, by P Y Y ents g the company shall participate with the insured and any underlying or mailing to the company written notice stating when there - . in insured's Y P P Y Y g by g insurer in the exercise of all the nsured's rights of recovery against after the cancelation shall be effective. This policy may be canceled b any person or organization liable therefor. Recoveries shall be ap- by the company by mailing to he named insured first named in the plied first to reimburse any interest (including the insured) that declarations at the address shown in this policy written notice may have paid any amount, with respect to liability in excess of stating when not less than thirty days thereafter such cancelation the limit of the company's liability hereunder; then to reimburse shall be effective. The mailing of notice as aforesaid shall be suffi- the company up to the amount paid hereunder; and lastly to reim- cient proof of notice. The time of the surrender or the effective burse such interests (including the insured), of whom this incur- date and hour of cancelation stated in the notice shall become the once is excess, as are entitled to claim the residue, if any; but a end of the policy y p eriod. different apportionment may be made tc effect settlement of a cancels, earned premium shall be com claim by agreement signed by all interests. Reasonable expenses if the named insured cane p incurred in the exercise of rights of recovery shah be apportioned puted in accordance with the customary short rate tables and pro - among all interests in the ratio of their respective losses for which cedure. If the company cancels, earned premium shall be computed recovery is sought. pro rata. Premium adjustment may be made either at the time cancelation is effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is I. Changes. Notice to any agent or knowledge possessed by any not a condition of cancelation. agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any rights under the terms of this policy; nor shall the terms of this M. Agent for Named Insureds. If there is more than one named policy be waived or changed, except by endorsement issued to form insured hereunder, the named insured first named in item 1 of the a part of this policy. declarations shall be deemed to be the agent for all named insureds with respect to notice of cancelation, payment of return premium, J. Assignment. Assignment of interest under this policy shall not g and in all other matters pertaining to this insurance. bind the company until its consent is endorsed hereon. N. Declarations. By acceptance of this policy the named insured K. Maintenance of Underlying Insurance. Each policy described in agrees that the statements in the application and the declarations, the declarations, includin g replacements or lacements thereof, shall and in any subsequent notice relating to underlying insurance are P be maintained in full effect durin g currency of this policy, its agreements and representations, that this policy is issued and Y P Y g except for any reduction of the aggregate limit or limits contained continued in reliance upon the truth of such representations and therein solely by payment of claims in respect of occurrences taking that this policy embodies all agreements existing between the place during the period of this policy. Failure of the named insured named insured and the company or any of its agents relating to to comply with the foregoing shall not invalidate this policy but in this insurance. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page and countersigned on the aforesaid declarations page by a duly authorized representative of the company. c— ee e e k _ e. S . 7t/( ' Secretary President • JACKET PAGE 5 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT It is agreed that the policy does not apply: (Broad Form) 1. Under any Liability Coverage, to injury sickness, disease, IV. As used in this endorsement: death or destruction "hazardous properties" include radioactive, toxic or explosive (a) with respect to which an insured under the policy is also properties; an insured under a nuclear energy liability policy issued by Nuclear "nuclear mater m a means source material, special nuclear ma feri Energy Liability Insurance Association, Mutual Atomic Energy Liability a! or byproduct m aterial; Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such "source material," "special nuclear material," and "byproduct policy but for its termination upon material" have the meanings given them in the Atomic Energy Act exhaustion of its limit of liability; or of 1954 or in any law amendatory thereof; (b) resulting from the hazardous properties of nuclear material "spent fuel" means any fuel element or fuel and with respect to which (1) any person or organization is required or liquid, which has been used or exposed to radiation component, solid to maintain financial protection pursuant to the Atomic Energy Act reactor; radiation n a nuclear is (2) the insure o ry thereof, a en a 1954, or any l 19 of 5 aw amendatory or ( d is, or had of 5 ,co not been issued md to would be, f, or ( 2 to indemni from had this policy of en , w ul d be, agency thereof, under any agree- "waste" a n d (2) r any waste the operation { ti containing person byproduct United entered into by the United States of thereof, e any agency organization al and (2) resulting from the included b an nuce of any nuclear paragraph included (a) or (b) thereof; the definition thereof, with any person or organization. of nuclear facility under paragraph ( o; 11. Under any Medical Payments Coverage, or under any Supple- "nuclear facility" means mentary Payments provision relating to immediate medical or surgical (a) any nuclear reactor, relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear ing the any isotopes equipment device of uranium or designed ton - plutonium, or used for processing (1) or utiliz handling, p material and arising out of the operation of a nuclear facility by any ing spent fuel, or (3) , (2) otiliz person or organization. g, processing or packaging waste, iii. Under any Liability Coverage, to injury, sickness, disease, ing or alloying o special nuclear ma if at an essme the total death or destruction resulting from the hazardous properties of amount of such material in the custody of the insured at the prem- nuclear material, if y time the total ises where such equipment or device is located consists of or con - or (ea) by or on behalf material ( isin at any or nuclear has been owned char ed talcs more than 25 grams of plutonium or uranium 233 or any or dispersed therefrom; () g combination thereof, or more than 250 grams of uranium 235, (b) the nuclear material is contained in spent fuel or waste at pared (d) or the storage or disposal of wasteses or place pre- , any time possessed, handled, used, processed, stored, transported or and includes i the site on which any of the foregoing is located, all disposed of by or on behalf of an insured; or operations conducted on such site and all premises used for such (c) the injury, sickness, disease, death or destruction arises out operations; of the furnishing by an insured of services, materials, parts or " nuclear reactor" means any apparatus designed or equipment in connection with the planning, construction, maintenance, sustain nuclear fission in a self- supporting chain reaction or to operation or use of any nuclear facility, but if such facility is located contain a critical mass of fissionable material; g used to within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of "injury" or "destruction i ncludes all f With respect to injury to or destruction of property, the word property at such nuclear facility. aarms of radioactive con tamination of property. This endorsement modifies the provisions of the policy relating cable in the States of Maryland, New Hampshire and Vermo nt. to Personal Injury or Property Damage Liability, but is inappli- It is agreed that such insurance as is afforded Ci eby s C p O o N' c �MINAT }ON POLLUTION contaminants or pollutants in shall not apply to personal injury or property damage arising out t into or upon land, usi at ohs is of the discharge, dispersal, release or escape of smoke, vapors, not apply if such discharge, dispersal, release or escape soot, fumes, acids, alkalis, toxic chemicals, waste materials or other and accidental. watercourse or body of water; but this exclusion does sudden It is agreed that, in respect to operations e this en- (Described e r , h O nsurance ) as is afforded dorsement, if there is a discharge, dispersal, release or escape of oil to personal injury or property damage arising out of such discharge, or other petroleum substance or derivative (including any oil refuse dispersal, release or escape whether or not sudden a nd accidental. policy shall not apply or oil mixed with wastes) into or upon any watercourse or body of Gas Lease Operators — natural gas Description of Operations Gasoline Recovery —from casing head or natural gas Oil or Gas Wells— drilling or redrilling, installation or recovery of casing Oil or Gas Wells— instrument logging or survey work in wells Non operating working interests Oil or Gas Wells— perforating of casing Oil or Gas Well Shooting Oil Lease Operators Oil or Gas Wells— acidizing Oil Pipe Lines — operation, including maintenance Oil or Gas Wells— cementing Oil Rig or Derrick Erecting or Dismantling —wood or metal — including construction of foundations or structures or in- Oil or Gas Wells— cleaning or swabbing —by contractors stallation of equipment JACKET PAGE 6 Page 1 ' INSTITUTIONAL POLICY STOCK COMPANY osuRANcF THE HOME INSURANCE COMPANY HOME 1 Manchester, New Hampshire— COMPAN No. IST-8 46 28 07 DECLARATIONS 10382 1 35 Producer's No. OPC r New RENEWAL OF NO. PREMIUM' MINNEAPOLIS. OFFIC:., MINNESOTA Gross Premium $ Insured 's an 0. AOdrESS (includes 1st. Yr. Auto. Prem. if applicable) City of Oak Park Heights less credit, if any, for existing insur. $ Oak Park Heights, Net Premium $ Premium Payable at inception - $ 520 0 * Premium Payable at 1st. anniv. - $ * Premium Payable at 2nd. anniv. - $ 7 -7 -77 7 -7 -80 3 -Subject to adjustment as provided herein. Inception (Mo. Day Yr.) Expiration (Mo. Day Yr.) Years * H30158F applies DESCRIPTION AND LOCATION OF PROPERTY AND OPERATIONS COVERED (Loc. No., Bldg. No. — Show location, construction, type of roof, occupancy and type of operations) See Page 2a The insurance afforded is only with respect to each coverage for which a Limit of Liability or an Amount of Insurance is shown herein or in Declarations made a part hereof, subject to ail the terms of this policy (pages 1 through 14 and additional pages and endorsements indicated) having reference thereto. Section Limits or Amounts Coverages $ see page 2a A. Real Property $ see page 2a B. Personal Property $ Included C. Increased Expense ($5,000 Limit applies unless higher amount shown) $ see H9050 D. Scheduled Property I 90 % Coinsurance applies to Coverage(s) A & B after 7-1-78 T special $ 250 Deductible ( TXX'1CX[ applies to Perils) — Coverage(s) A & B $ see H28684F each occurrence l E. Liability II $ each person F Medical Expense $ nil each accident J III See H26630F • Mortgage Clause: Subject to the provisions of the mortgagee clause attached hereto, loss, if any, under the building jverage under Section I shall be payable to the Insured and: ' / ,-• Countersignature g 9-7-77111 Date 9- 7 -77 Agency at_ - p i s -'' " ��l�G�o ent __ iN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO ANPi the premium above specified this company, for a term of years shown above from inception date shown above (At Noon Standard Time) t. expiration date shown above (At Noon Standard Time) at location of property involved, to an amount not exceeding the amount(S) above specified does insure the insured named in the declarations above and legal representatives. The insurance effected above is granted against all LOSS OR DAMAGE BY FIRE ORIGINATING FROM ANY CAUSE, EXCEPT HEREINAFTER PRO- t VIDED, ALSO ANY DAMAGE BY LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to H which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere. The i f amount of said loss or damage, except in case of total loss on buildings, to be estimated according to the actual value of the insured property - - at the time when such loss or damage happens. If the insured property shall be exposed to loss or damage from the perils insured against, the insured shall make all reasonable exertions to save and protect same. Assignment of this policy shall not be valid except with the written consent of this Company. Ths part l of p this y policy, together provisions, stipulations provisions and l ag agreements as added heretonas nhthiis are policy made a . H28537F (MINNESOTA) t Page 2 1 Concealment, This entire policy shall be void if, whether 78 loss under this policy for which no liability exists as to the 2 fraud. before a loss, the insured has wilfully, or 79 mortgagor, or owner, and this company shall elect by itself, or 3 after a loss, the insured has wilfully and 80 with others, to pay the mortgagee the full amount secured by 1 4 with intent to defraud, concealed or misrepresented any material 81 such mortgage, then the mortgagee shall assign and transfer to 5 fact or circumstance concerning this insurance or the subject 82 the company his interest, upon such payment, in the said mart- , 6 thereof, or the interests of the insured therein. 83 gage together with the note and debts thereby secured. 7 Uninsurable This- policy shall not cover 'accounts, bills, 84 Pro rata liability. This company shall not be liable for a greater 8 and currency; deeds, evidences of debt, money or 85 proportion of any loss than the amount 9 excepted property. securities; nor, unless specifically named 86 hereby insured shall bear to the whole insurance covering the 10 hereon in writing, bullion, or manuscripts. 87 property against the peril involved. 11 Perils not This company shall not be liable for Toss by 88 Requirements in In case of any loss under this policy the in- 12 included. fire or other perils insured against in this 89 case loss occurs. sured shall give immediate written notice to 13 policy caused, directly or indirectly by: (a) 90 this company of any Toss, protect the property 14 enemy attack by armed forces, including action taken by military, 91 from further damage,_ and a statement in writing, si gned and ' 15 naval or air forces in resisting an actual or immediately impend- 92 sworn to by the insured, shall within 60 days be rendered to the 16 ing enemy attack; (b) invasion; (c) insurrection; (d) rebellion; 93 company, setting forth the value of the property insured, except ' 17 (e) revolution; (f) civil war; (g) usurped power; (h) order of 94 in case of total loss on buildings the value of said buildings 18 any civil authority except acts of destruction at the time of and 95 need not be stated, the interest of the insured therein, all other 19 for the purpose of preventing the spread of fire, providing that 96 insurance thereon, in detail, the purposes for which and the 20 such fire did not originate from any of the perils excluded by 97 persons by whom the building insured, or containing the property i 21 this policy. 98 insured, was used, and the - lime - at which and manner' in which 22 Other - Insurance... Other insurance may be prohibited or the 99 the fire originated, so far as known to the insured. 23 amount of insurance may be limited by so providing in the policy 00 The company may also examine the books of account and 24 or an endorsement, rider or form attached thereto. 01 vouchers of the insured, and make extracts from the same. 25 Unless otherwise provided in writing added hereto this company 02 Appraisal. In case the insured and this company, except 26 shall not be liable for loss occurring: 03 _ in case of total Toss on buildings, shall fail i 27 (a) while the hazard is increased by any means within - the con 04 to agree as to the actual cash value or the amount of loss, then, 28 trot or knowledge of the insured; or 05 on the written demand of either, each shall select a competent 29 (b) while the described premises, whether intended for occupancy 06 and disinterested appraiser and notify the other of the appraiser 30 by owner or tenant, are vacant or unoccupied beyond a period of 07 selected within 20 days of such demand. In case either fails to j 31 60 consecutive days; or 08 select an appraiser within the time provided, then a presiding 32 (c) as a result of explosion or riot, unless fire ensue, and in that 09 judge of the district court of the county wherein the loss occurs 33 event for loss by fire only. 10 may appoint such appraiser for such party upon application of 34 Other perils Any other peril to be insured against or 11 the other party in writing by giving five days' notice thereof in 35 or subjects. subject of insurance to be covered in this 12 writing to the party failing to appoint. The appraisers shall 36 policy shall be by endorsement in writing 13 first select a competent and disinterested umpire; and failing 37 hereon or added hereto. 14 for 15 days to agree upon such umpire then __a presiding judge of 15 the above mentioned court may appoint such an umpire upon 38 Added provisions. The extent of the application of insurance 16 application of party in writing by giving five days' notice thereof 39 under this policy and the contributions to 17 in writing to the other party. The appraisers shall then appraise 40 be made by this company in case of loss, and any other provision 18 the loss, stating separately actual value and loss to each item; 41 or agreement not inconsistent with the provisions of this policy, 19 and, failing to agree, shall submit their differences, only, to the 42 may be provided for in writing added hereto"; .but rap. provision. 20 umpire. An award in writing, so itemized, of any two when filed 43 may be waived except such as by the 'terms of' this "policy is 21 with this company shall determine the amount of actual value 44 subject to change. 22 and Toss. Each appraiser shall be paid by the party selecting 45 Waiver No permission. affecting this insurance shall 23 him, or for whom he was selected, and the expense of the ap- 46 provisions. ? A exist, or waivenof✓ahy •provision be valid, 24 raisal-and• umpire shalt- be paid by the parties equally. 47 -- >- unless grant3d k,�aveeet,Ar. expressed in writing 25 Company's - _- - It than be optional with this company to take 48 added hereto. No provision, strptllation or forfeiture shall be 26 options. all of the property at the agreed or appraised 49 held to be waived by any requirement or proceeding on the part 27 value, and also to repair, rebuild or replace 50 of this company relating to appraisal or to any examination 28 the property destroyed or damaged with other of like kind and 51 provided for herein. 29 quality within a reasonable. time, on-grvina ito&ice of its intention 52 Cancellation This policy shall be cancelled at any time at 30 so to do within 30 days after the receipt of the proof of Toss 53 of policy. the request of the insured, in which case this 31 herein required. 54 company shall, upon demand and surrender 32 Abandonment. There can be no abandonment to this com- 55 of this policy, refund the excess of paid premium above the 33 pany of any property. -• 56 customary short rates for the expired time. This policy may be 34 When loss The amount of loss for this company 57 cancelled at any time by this company by giving to the insured 35 payable. may be liable shall be payable 60 days after 58 a ten days' written notice of cancellation with or without tender 36 proof of loss, as herein provided, is received 59 of the excess of paid premium above the pro rata premium for 37 by this company and ascertainment of the loss is made either 60 the expired time, which excess, if not tendered, shall be refunded 38 by agreement between the insured and this company expressed 61 on demand. Notice of cancellation shall state that said excess 39 in writing or by the filing with. this company of ah award as 62 premium (if not tendered) will be refunded on demand. 40 herein provided. It is moreover • understood that there 'can be 63 Mortgagee If loss hereunder is made payable, in whole 41 no abandonment of the property insured to the company, and 64 interests and or in part, to a designated mortgagee not 42 that the company will not in any case be liable for more than 65 obligations. named herein as insured, such interest in this 43 the sum insured, with .interest thereon from the time when the 66 policy may be cancelled by giving to such 44 loss shall become payable, as above provided. 67 mortgagee a ten days' written notice of cancellation. 45 Suit. No suit or action on this policy for the 68 Notwithstanding any other provisions of this policy, if this policy 46 recovery of any claim shall be sustainable in 69 shall be made payable to a mortgagee of the covered real estate, 47 any court of taw or equity unless all the requirements of this 70 no act or default of any person other than such mortgagee or his 48 policy have been complied with, and unless commenced within 71 agent or those claiming under him, whether the same occurs be- 49 two years after inception of the loss. 72 fore or during the term of this policy, shall render this policy void 50 Subrogation. This company is subrogated to, and may re- 73 as to such mortgagee nor affect such mortgagee's right to recover 51- c• ft: j n-. quire from the insured'aassignment of all 74 in case of loss on such real estate; provided, that the mortgagee 52 fi t ght of recovery against any party for to the that 75 shall on demand pay according to the established scale of rates 53 payment therefor is made by this company; and the insurer 76 for any increase of risks not paid for by the insured; and when- 54 may prosecute therefor in the name of the insured retaining 77 ever this company shall be liable to a mortgagee for any sum for 55 such amount as the insurer has paid. IN WITNESS WHEREOF, this company has executed and attested these presents; but this policy shall not be valid unless countersigned by the duly authorized Agent of this company at the agency hereinbefore mentioned. • Sk.'71 � / ry / Y , J</ President Page lac STOCK COMPANY x NSURApc E , ISSUED BY HOME caMPAras DECLARATIONS (continued} — APPLICABLE FORMS INSURED POLICY NUMBER City of Oak Park Heights IST 8 46 28 07 H28536 Provisions Applicable to Sections I, II & III C S4; H30158F Special Installment Premium Endorsement Section I H28538F Declaration Page 2a H28852F Special Coverage H9564 Minnesota Mandatory H9050 Special Inland Marine Coverage Endorsement IM2141C Miscellaneous Property Floater Section II H29143 Minnesota Amendatory H28684F Multiple Limits of Liability H26629F Personal Injury Liability Endorsement L9106 Additional Insured H26229F Contractual Liability H25490F Combined Limits of Liability H22300 Special Events Exclusion L9488(1 -73) Incidental Malpractice } L9153 Exclusion (Malpractice) L9138 Exclusion (Designated Premises) GNL6691 Host Liquor Liability H9378 Waiver of Immunity H22742 Riot Civil Commotion & Mob Action L9163 Exclusion (Volunteer Firemen) GU8624 Vehicles Owned or Leased by Public Bodies Section III H9382 Scheduled Employee Dishonesty H9383, Public Employees Endorsement H9384 Burglary Multi Furpose B7127 Open Stock Theft H26609F Depositors Forgery EFFECTIVE DATE OF THIS PAGE AGENT 7_7-77 Wherever a policy provision refers to the Declarations, such reference shall also apply to this Declarations page. H2663OF ' Page 3 PROVISIONS APPLICABLE TO SECTION 1 r *SURIINce PHYSICAL DAMAGE TO PROPERTY AND INCREASED EXPENSE OM PROPERTY COVERED This policy covers under: installation of the damaged or destroyed property which the unexpired term of the lease or rental agreement at the time Coverage A — Real Property of the Insured, as described in the of loss bears to the period(s) from the dates' such damaged Declarations, including building service equipment and supplies, or destroyed property was installed to the expiration date of while at the location(s) described in the Declarations or tempor- the lease or rental agreement; arily elsewhere. This Coverage excludes property specifically 3. If repaired or replaced of the expense of others for the use of covered under any other Coverage or endorsement mode a part of the Insured, there shall be no liability hereunder. this policy. Coverage B — Personal Property of the Insured, used for the Coverages A and B do not include: occupancy described in the Declarations, and, at the option of (n) trees, shrubs, plants, lawns and growing crops outside of the Insured, personal property of others while in the care, custody buildings (except as- provided under Extensions of Coverage); or control of the Insured for which the Insured is liable, all (b) any of the following unless specifically described in the while at the location(s) described in the Declarations or within Declarations: 100 feet thereof if in the open, on land, or in or on land vehicles. (1) manuscripts; This Coverage excludes property specifically covered under any (2) outdoor neon or electric signs and all other outdoor signs other Coverage or endorsement mode o part of this policy. if not attached to the building(s); This Coverage includes valuable papers and records consisting of: (3) outdoor swimming pools, fences, walks, roadways or other (a) books of account, abstracts, drawings, card index systems and paved surfaces, curbs, piers, bulkheads, wharves or docks; other records, but only for the cost of blank books and other beach or diving platforms or appurtenances; retaining blank material, and the cost of transcribing; walls not constituting a part of building; (b) film, tape, disc, drum, cell and other magnetic recording or (4) brick, stone or concrete foundations, piers or other sup- storage media for electronic data processing, and other ports which are below the under surface of the lowest records, but only for the cost of unexposed film or blank tape, basement floor, or, where there is no basement, which are wire or other recording media; below the surface of the ground; cost of excavations; grading or filling; underground flues, pipes, wiring and except as provided under Extensions of Coverage. drains; This Coverage also includes Improvements and Betterments, (5) animals; consisting of fixtures, alterations, installations or additions com- (c) automobiles, snowmobiles, trailers, semi - trailers or any self - prising a part of the described building(s) or structure(s) not propelled vehicles or machines (other than automobiles), if owned by the Insured and made, or acquired, at the expense of licensed for use on public roods, or if not so licensed if the Insured (exclusive of rent paid by the Insured) and which are operated principally away from the premises of the Insured; not legally subject to removal by the Insured, to the extent of the watercraft (including motors, equipment and accessories) Insured's use interest in such Improvements and Betterments. while 'afloat; aircraft, except aircraft not currently certified as to air worthiness, while on the ground for display or in- This Company's liability for loss to Improvements and Betterments structional purposes and not self- propelled; damaged or destroyed shall be as follows: (d) land; 1. If repaired or replaced at the expense of the Insured within (e) money and securities; o reasonable time after such loss, the actual cash value of (f) personal property in which parties other than the Insured the damaged or destroyed property; also hove on insurable interest when the Insured's interest 2. If not repaired or replaced within a reasonable time after in such property is covered by insurance under any other such Toss, that proportion of the original cost at the time of policy. EXTENSIONS OF COVERAGE (Applicable to Coverages A and B) This policy covers loss by the perils insured against for additional amounts of insurance as follows: slide, stranding or sinking of vessels, collapse of bridges, culverts, docks or wharves. (a) New Property: For not exceeding in the aggregate, $100,000 at any one location on: (c) Valuable Papers and Records: For not exceeding $5,000 for (1) Property, as covered under Coverages A and B, for which extra expenses necessarily incurred by the Insured in the reproduction of valuable papers and records consisting of: coverage is provided within the "Alterations, Repairs and books of account, abstracts, drawings, cord index systems, New Construction" clause in this policy; film, tape, disc, drum, cell and other magnetic recording or (2) Property, as covered under Coverages A and B, acquired storage media for electronic data processing, and other by the Insured during the term of this policy at any records, all the property of the Insured and while at the location; location(s) described in the Declarations. In no event shall the recovery under Coverage B and this Extension combined provided that coverage under this Extension shall cease 180 exceed the actual loss sustained. days from the date construction or installation is begun or 180 days from the date such property is acquired by the (d) Personal Effects: For not exceeding $500 on personal effects Insured or on the dote values ore reported to this Company of the Insured, any officer, partner or employee of the Insured or on the termination dote of this policy, whichever first while such property is at the location(s) described in the Dec - occurs. Additional premium shall be due and payable from !orations, subject to an aggregate limit of $5,000 in any one the date construction or installation is begun or from the date occurrence. This Extension applies only at the option of the such property is acquired. Insured and does not apply to property which is covered by any other insurance. (b) Off Premises: For not exceeding $10,000 on personal prop- `� erty covered hereunder, while temporarily off premises ar in (e) Personal Property of Others: For not exceeding $5,000 on transit, including direct Toss or damage caused by collision, personal property of others, as covered under Coverage B, for derailment, overturn of a transporting conveyance, flood which the Insured is liable, while in the care, custody or con - (meaning the rising of navigable waters), earthquake, land- trol of the Insured and only while such property is at the loca- H 28536 F e.' "*Eo Poges -14 u.:. Page 4 r tion(s) described in the Declarotions. This Extension applies This policy also covers against loss by fire, lightning, Only at the option of the Insured and does not apply to explosion, riot, civil commotion or aircraft for an r property which is covered by other insurance. additional amount of insurance as follows: This policy also covers for an additional amount of Trees, Shrubs, Plants and Lawns: For not exceeding in the oggre• insurance as follows: gate, 52,000 on trees, shrubs, plants and towns not grown for Elevator Collision: For not exceeding 25 °o of the combined commercial purposes and while outside of buildings at the loca- amount(s) for Coverages A and 6 or 525,000, whichever is less, tion(s) described in the Declarations. However, this Company of any one location, for each direct loss to elevators, and to any shot) not be Beale for more than S250 on any one tree, shrub or ' other property owned, occupied, used by or rented to the Insured, plant, including expenses incurred in removing debris thereof. ' including, at the option of the Insured, property in the care, cus- I no event shell the coverage under this Extension apply to any tody or control of the Insured and for which the Insured is liable, other perils which may be included in this policy or endorsements caused by accidental collision of any port of an elevator or of attached hereto. anything carried thereon, with another port of such elevator or with another object. This olicy, without increasing the amount of insur- The term " elevator" means elevators, escalators or any other a a 1 in t o t he r0 ert damaged or destroyed, hoisting or lowering device used to connect floors or landings, pp? Y g p p y whether or not in service, and all appliances thereof including also covers: ony car, platform, shaft, hoistway, power equipment and mochin- (a) Consequential Loss, meaning loss to persona! property coy- ery, or ony hydraulic or mechanical hoist used for raising or low- Coed hereunder, while contained in a building or structure Bring automobiles or for dumping material from trucks; at a location described in the Declarations, due to change of This Extension does not apply to: temperature or humidity as a result of physical damage by (a) injury or destruction due directly to the breaking, burning out the perils insured against to building(s), structure(s) or equip- or disrupting of any electrical machine which is not located ment at the same location. within the elevator tor; in no event shall coverage under this Extension apply to any (b) injury to or destruction of any electrical machine arising out loss specifically excluded under any endorsement mode o of the breaking, burning out or disruption thereof; part of this policy. (c) injury or destruction with respect to which coverage is af- (b) Debris Removal, meaning expenses incurred in the removal forded under Section II. of all debris of the property covered hereunder occasioned "Exclusions" 2. and 5. do not apply to this Extension. by loss thereto caused by a peril insured against. INCREASED EXPENSE This policy covers under: from commencement of the period of indemnity to the midnight Coverage C — Increased Expense necessarily incurred by the In- specified in the Declarations. sured in continuing normal operations following damage t o r This Company shall not be liable for: destruction of real or personal property by the perils insured against, during the term of this policy, at the locations described (a) any increase of loss which may be occasioned by: • in the Declarations. (1) enforcement of any ordinance or low regulating or re stricting the use, construction, repair, installation or the Insu s all res me: or soon as practicable o after any loss, demolition of building(s), structure(s), or other property; property herein described and, in so for as practicable, re duce the Insured shall res complete or partial operation the (2) the suspension, lapse or cancellation of any lease, license, reduce or dispense with such Increased Expenses as are being incurred. • contract or order unless such suspension, lapse or cancel- lotion results directly from the necessary interruption of Definitions: For the purposes of this insurance, the following operations of the premises and then this Company shall terms wherever used in this policy shall mean: be liable for only such loss as affects the Insured's "Increased Expense ": the excess of the total cost of conducting Increased Expense during, and limited to, the period of operations during the period of indemnity over and above the indemnity covered under this policy; total cost of such operations during the some period had no loss (3) interference at the described premises by strikers or occurred, excluding however (1) loss of income, (2) the cost to other persons with rebuilding, repairing or replacing the repair or replace the described property, except cost in the excess property or with the resumption or continuation of busi- of the normal cost of such repair or replacement necessarily in- Hess; curred to reduce the Increased Expense loss, and then not to for, or exceed the amount by which such loss is reduced, with due con- (b) loss gramming records per damage o r t d e struc t i o c of mmedia processing siderotion for the salvage value of such property; or electronically controlled equipment, including data thereon, "Period of Indemnity ": only such length of time as would be beyond whichever of the following lengths of time is the required with the exercise of due diligence and dispatch to greater, which shall be considered the period of indemnity: ''= rebuild, repair, or replace such part of the property herein (1) 30 consecutive calendar days; or described as has been damaged or destroyed, commencing, unless (2) the length of time that would be required to rebuild, re- otherwise specified in the Extensions of Coverage, with the date pair or replace such other property herein described as of such damage or destruction and not limited by the expiration has been damaged or destroyed; date of this policy. unless otherwise provided in the Declarations; Waiting Period (Applicable only when a midnight is specified in (c) the cost of compiling books of record or other documents; the Declarations for this Coverage): This Company shall not be liable for any Increased Expense incurred by the Insured (d) any other consequential or remote loss. EXTENSIONS OF COVERAGE • (Applicable to Coverage C) This policy, without increasing the amount of insurance under Coverage C, also covers: (a) New n e c ess a r y oatins: Inceosed Expe se au caused byy dloss amage to or covered under this g Extens onedelaysocommencement e of per- from necessary commence from the wh ch acquired by personal Insured, during any tthe term l of this date operations would have beg n had l no damage or destruc- policy by the perils insured against. tion occurred. Page 5 This Extension of Coverage shall not apply to loss resulting while at the described location(s) or within 100 feet thereof, from damage to or destruction of real or personal property by the perils insured against, including any delay in the corn- /*---s, at a new location when such domoge or destruction occurs mencement of operations occasioned by damage to or de- 180 or more days after the acquisition of such location or struction of such property provided that the period of indem- after the inception of more specific insurance, whichever nity shall commence from the date operations would have first occurs. begun had no damage or destruction occurred. (b) Alterations and Repairs: Loss resulting from necessary In- (c) Interruption by Civil Authority: Loss resulting from necessary creased Expense caused by damage to or destruction of alters- Increased Expense during the period of time, not exceeding tions, repairs, additions or new buildings as provided within two consecutive weeks, when, as a direct result of damage to the "Alterations, Repairs and New Construction" clause in or destruction of property adjocent to a location covered this policy, and including damage to or destruction of machin- hereunder by the perils insured against, access to such loco- ery or equipment incident to such construction or occupancy tion is specifically prohibited by order of civil authority SCHEDULED PROPERTY This policy covers under: Coverage D— Scheduled Property, as described in the Declarations or in the Schedule(s) or Endorsement(s) mode a part thereof, but only with respect to the perils insured against which ore designated in such Declarations, Schedule(s) or Endorsement(s). PERILS INSURED AGAINST This policy, unless otherwise provided, insures against direct loss to the property covered caused by the following perils as defined and limited herein: 1. Fire and Lightning. (b) electric arcing; 2. Windstorm and Hail, excluding loss: (c) rupture or bursting of rotating or moving parts of ma- (a) caused directly or indirectly by frost or cold weather or ice chinery caused by centrifugal force or mechanical break- (other than hail), snow or sleet, all whether driven by wind down; or not; (d) water hammer; (b) to the interior of the building(s) or the property covered (e) rupture or bursting of water pipes; therein caused by rain, snow, sand or dust, all whether (f) rupture or bursting due to expansion or swelling of the driven by wind or not, unless the building(s) covered or contents of any building or structure, caused by or result- containing the property covered shall first sustain an ing from water; actual .damage to roof or walls by the direct action of wind or hail and then this Company shall be liable for (g) rupture, bursting or operation of pressure relief devices. loss to the interior of the building(s) or the property cov- ered therein as may be caused by rain, snow, sand or dust, 4. Riot and Civil Commotion, including direct loss by acts of entering the building(s) through openings in the roof or striking employees of the owner or tenant(s) of the described walls made by direct action of wind or hail; building(s) while occupied by said striking employees and direct loss from pilloge and looting occurring during and at (c) by water from sprinkler equipment or other piping, unless the immediate place of a riot or civil commotion. such equipment or piping be damaged as a direct result of wind or hail; 5. Vehicles and Aircraft, meaning only direct loss resulting from actual physicol contact of a land vehicle or aircraft (includ- (d) to outdoor radio and television antennas and aerials ing self - propelled missiles and spacecraft), with property including their lead -in wiring, masts and towers, unless covered hereunder or with the building containing the prop - liobility therefor is specifically assumed by endorsement erty covered, and direct loss by objects falling from aircraft, hereon. but excluding loss: 3. Explosion, including direct loss resulting from the explosion (a) by any vehicle owned or operated by the Insured or by any of accumulated gases or unconsumed fuel within the firebox tenant of the premises; (or combustion chomber) of any fired vessel or within the (b) by any vehicle to outdoor walks, roadways, or other paved flues or passages which conduct the gases of combustion surfaces, curbs or fences, whether such items are specifi- therefrom. colly described in the Declarations or not. This Company shall not be liable for loss by explosion of 6. Smoke, meaning thereby only sudden and accidental dis- ' steam boilers, steam pipes, steam turbines or steam engines, charge of smoke from other than industrial operations or if owned by, leased by or operated under the control of the agricultural smudging. Insured. The following are not explosions within the intent or meaning Removal, meaning loss by removal of the property covered of these provisions: hereunder from premises endangered by the perils insured against, including coverage for thirty days at each proper (a) shock waves caused by aircraft, generally known as place to which such property shall necessarily be removed for "sonic boom "; preservotion from the perils insured against. EXCLUSIONS This Company shall not be liable for loss: 1. occasioned by enforcement of any ordinance or law regulating (c) water which backs up through sewers or drains; or restricting the use, construction, repair, installation or demolition of building(s), structure(s) or other property unless (d) water below the surface of the ground including that such liability is specifically assumed by endorsement herein; which exerts pressure on or flows, seeps or leaks through 2. caused by, resulting from, contributed to or aggravated by sidewalks, driveways, foundations, walls, basement or any of the following: other floors, or through doors, windows or any other (a) earth movement, including but not limited to earthquake, openings in such sidewalks, driveways, foundations, walls landslide, mudflow, earth sinking, earth rising or shifting; or floors; (b) flood, surface water, waves, tidal water or tidal wove, overflow of streams or other bodies of water or spray unless loss by fire or explosion ensues, and this Company from any of the foregoing, all whether driven by wind shall then be liable only for such ensuing loss; but this ex- or not; clusion shall not apply to property in due course of transit; H 28536 F , "„ Pages 3 -14 (A& A- . • Page 6 3. by nuclear reaction or nuclear radiation or radioactive con- tamination, all whether controlled or uncontrolled, or due to ( i ) by military, v any act or condition incident to any of the foregoing, whether ( "') by an agent or any sucks, or such loss be direct or indirect, proximate or remote, or be in authority or forces, it being n understood t that a an y whole or in part caused by, contributed to, or aggravated by discharge, explosion or use of any weapon of war any of the perils insured against by this policy; and nuclear employing nuclear fission or fusion shot( be con - reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, is not "explosion" or clusively presumed to be such a hostile or warlike "smoke ". This Exclusion 3, applies to all action by such a government, power, authority or insured forces; perils in against by this policy except the perils of fire and lightning, (b) insurrection, rebeffion, revolution, which ore otherwise provided for by the nuclear clause else- power, or action taken b where in this policy; hindering, civil war, usurped Y governmental authority in g, combating or defending against such an • occurrence; 4. by any peril, other than fire or lightning which are otherwise (c) seizure or destruction under directtllybfor on page 2 of this policy, caused directly or in- regulations, confiscation by rder an or custom's y Y public authority, or risks of contraband or illegal trans- trans (a) hostile or warlike action in time of Portation or trade; peace or war, including action in hindering, combating or defending against an 5. resulting from any electrical injury or disturbance to elec- actual, impending or expected attack, rri appliances, devices or wiring caused by electrical (i) by any government or sovereign power (de jute or de current artificially generated unless fire or explosion as C°vered hereunder ensues, and this Company shall then be facto), or by any authority maintaining or usin military, naval or air forces; or g o liable only for such ensuing loss (except os be in any endorsement made a port of this y provided policy). The following deductible applies only when spec fed DEDUCTIBLE in the Declarations: With respect to loss by a peril to which this deductible is made in excess thereof. If a franchise amount is shown in the whelncsuch the Declarations, each occurrence exceeds the amount loss is e qual such peril, this deductible shall not apply when more than such shown in the Declarations, for such peril, and then only for loss franchise amount. OTHER PROVI51ON5 AND CONDITIONS 1. Territorial Limits: Except os otherwi provided under Coverage D, this policy covers while the property others in writing from liability for loss prior to foss, and within the United States of America and in transit within, such release shall not affect the right of the Insured to and between the 48 contiguous states of the United States recover hereunder, and (b) as respects property in transit, the Insured may, without of America, Alaska, the District of Columbia, and between such places and Canada. prejudice to this insurance, except such bills of lading, 2. Coinsurance Clause: (Applicable to those coverages or items receipts or contracts of transportation as ore ordinarily issued by carriers containing a limitation as to the value thereunder for which a percent is shown in the Declarations of such except such coverages or endorsements made a part of this property. policy which contain separate coinsurance provisions.) 5. Replacement Cost: Unless otherwise provided in the Declara- This Company shall not be liable for a greater proportion of tions, this provision applies only to any loss or damage to t be property for a greater described herein proportion the y property covered under Coverages A and 8, but excluding: books of wire o and sum hereby insured bears to the percent specified in the other ing media); ia); lams ript a film, tope, wire tc other Declarations of the actual cash value of said property at the recording media); manuscripts, drawings, time such loss shall happen. pictures, tapestries, status marbles, paintings, etchings, furniture, rare books, antique siler,pr bronzes, antique In the event that the aggregate claim for any foss is both ware and bric-a-brac, or other articles of porcelains, o r less than $10,000 and less than 5% of the total amount antiquity. of insurance upon the property described herein at the time such Toss occurs, no special inventory or appraisement of the (°) The Ins may elect to disregard this replacement cost undamaged property shall be required, provided, however, provision in making claim hereunder, but such election that nothing herein shall l construed to waive application shall not that the nothing prejudice r tho I M ete d' right r make further porogroph of this clause. claim within a reasonable time after loss for any If the insurance under this policy be divided into two or more additional liability brought about by this replacement items, the foregoing shall apply cost provision. PP Y to each item separately. (b) This Company shall not be liable under this provision 3. Actual Cash Value — Class 1 under Coverage D: With unless and until the dogged or destroyed property is Actual Cash each article described in the Coverage under Clash dispatch repaired no replaced with due or replacement and I respect to each D and for which do amount is set forth, this dispatch, and, in In event unless repair after such loss. t replacement s c is completed within a reasonable time af Policy is extended to provide that the amount shown for (c) bility of the Company's Liability: This Company's replace- each such article shall be the actual cosh value of said article. In the event of the total loss of any article or articles m e a t for loss under this policy including this repfae- which ore a part of a set, this Company agrees to pay the meat cost provision shall not exceed the smallest of the Insured the full amount of the value of such set as specified in the Schedule attached, and the Insured agrees to sus- following amounts: (1) The limit o or liability df this policy applicable to the render the remaining article or articles of the set to this destroyed property; Company. (2) The replacement cost of the under or an property covered such 4. impairment of Recovery: Except as noted below, this Com- occupancy and premise a irate with th e property on the same premises and intended for the pony shall not be bound to pay any loss if the Insured shall Some occu y have impaired any right of recovery for loss to the (3) The amount actually and necessarily expended in or any par insured; however it is agreed that: y repairing or rep(cing said property thereof intended for the some occupancy and use property (a) as respects property at the location(s) described in the • Declarations, permission is given the Insured to release (d) In addition to the foregoing the following item (1) or item (2) shall apply; Page 7 (1) Replacement Cost stated in the Declarations: With (c) all other contracts of insurance, whether valid or not, respect to property covered under any coverage or covering in any manner the loss insured against by item for which the term "replacement cost" is this policy, specifically stated in the Declarations, the term (d) any changes in the title, nature, location, encumbrance replacement cost" is substituted for actual cosh or possession of sold enterprise since the issuing of this value' wherever it appears in this policy thereby policy, and eliminating any deduction for depreciation. (2) Replacement Cost not stated in the Declarations: (e) by whom and for what purpose any building herein With respect to property covered under any coverage described and the several ports thereof were occupied or item for which the term "replacement cost" is at the time of damage or destruction, not specifically stated .in the Declarations, this and shall furnish a copy of all the descriptions and schedules replacement cost provision shall not apply unless in all policies, and the actual amount of value and loss at the time of loss the amount of insurance claimed, accompanied by detailed exhibits of all values, applicable to said property for the peril causing- the costs and estimates upon which such amounts are based. loss is equal to or greater than The Insured, as often as may be reasonably required, shall (i) the coinsurance percent specified in the Declare- exhibit to any person designated by this Company all that tions, when the coinsurance clause is appli- remains of any property herein described, and submit to cable, or examinations under oath by any person named by this Company, and subscribe the same; and, as often as may be (ii) 90 %, when the coinsurance clause is not appli- reasonably required, shall produce for examination all books cable, of account, bills, invoices and other vouchers, or certified of the actual cash value of such property, in which copies thereof if originals be lost, at such reasonable time case (a) or (b) below shall apply: and place as may be designated by this Company or its representative, and shall permit extracts and copies thereof (o) If at the time of loss the amount of insurance to be made. applicable to said property for the peril causing the loss is not less than 7. Payment to Others: Loss, if any, shall be adjusted with the (i) the coinsurance percent specified in the Insured and shall be payable to him unless other payee is Declarations, when the coinsurance clause is specifically named hereunder. applicable, or 8. Benefit to Bailee: This insurance shall not inure, directly (ii) 90%, when the coinsurance clause is not or indirectly, to the benefit of any carrier or other bailee. applicable, of the full replacement cost of such property, 9. Losses: Any loss hereunder shall not reduce the amount of this policy. the coverage of this policy is extended to include p y the full cost of repair or replacement (without 10. Liberalization Clouse: If during the period that insurance i .; 0 yu g p is deduction for depreciation) in force under this policy, or within 45 days prior to the (6) If at the time of loss the amount of insurance inception date thereof, on behalf of this Company there be applicable to said property for the peril causing filed with and approved or accepted by the insurance the loss is less than supervisory authorities, in conformity with low, any forms, Y Y (i) the coinsurance percent specified in the endorsements, rules or regulations by which this insurance Declarations, when the coinsurance clause could be extended or broadened, without additional pre - is applicable, or mium charge, by endorsement or substitution of form, then such extended or broadened insurance shall inure to the (ii) 90%, when the coinsurance clause is not benefit of the Insured hereunder as though such endorse- applicable, ment or substitution of form had been mode. of the full replacement cost of such property, this Company's liability for loss under this policy 11. Control of Property: This insurance shall not be prejudiced: shall not exceed the larger of the following (1) by any act or neglect of any person (other than the amounts: Insured) when such act or neglect is not within the 1. The actual cash value of that part of the control of the Insured; property damaged or destroyed; (2) by failure of the Insured to comply with any of the full cost of repair or y p y y warranty 2. That proportion p or condition contained in any form or endorsement replacement (without deduction for deprecia- attached to this policy with regard to any portion of tion) of that part of the property damaged the premises over which the Insured has no control. or destroyed, which the amount of insurance applicable to said property for the peril 12. Work and Materials: Permission is granted for such use of causing the loss bears to the applicable the premises as is usual and incidental to the occupancy percent as indicated in (i) and (ii) of this as herein described and to keep and use all such appliances, item (b) of the full replacement cost of such devices and materials in such quantities as are usual and property. incidental to such occupancy. 6. Requirements in Case of Time Element Loss: With respect 13. Alterations, Repairs and New Construction: Permission is to any insurance afforded under this policy for. interruption granted to make alterations and repairs and to construct of operations, the Requirements in Case Loss Occurs provi- Declarations, ts, and ldi building(s) erect n structure(s) Band structure(s) in the sion on page 2 of this policy is supplemented by the Declarations, an to a erect in the building(s) and structures) following: at the location(s) described in the Declarations. The Insured shod give immediate written notice to this Subject to all its provisions and stipulations this policy is Company of any loss covered by this policy involving inter- extended to cover such alterations, construction ions re s n dd new con - ruption of operations and protect the property from further st etio cludi the il of erialsan and after corn- white at including bedding materials h ad supplies therefor damage that might result in extension of the period of time While at the described location p or within shall be feet thereof. for which this Company may be liable; and within 60 days following the date of damage to or destruction of the real or If this policy covers other property, it shall be extended to personal property described, unless such time is extended cover such property in such additions, building(s) and structure(s). in writing by this Company, the insured shall render to this Company a proof of loss, signed and sworn to by the Insured, Except as otherwise provided in the Extensions of Coveroge, stating the knowledge and belief of the Insured as to the the inclusion of the above property shall not operate to following: increase the amount of insurance applicable under this (o) the time and origin of the property damage or destruc- policy. tion causing the loss, 14. Repair of Damaged Property: Permission is granted in the (b) the interest of the Insured and of all others in the event of loss hereunder, to make reasonable repairs, enterprise, temporary or permanent, provided such repairs are confined H 28536 F t.11r Pages 3 -14 us..- , Page 8 solely to the protection of the property from further extensions thereof and within three years after the final damage, and provided further that the Insured shall keep termination of this policy, as far as they relote to the an accurate record of such repair expenditures. The cost subject matter of this insurance. of ony such repoirs directly attributable to damoge by any r pe ril insured hereunder shall be included in determining 21 Mortgagee Clause: (Applies to buildings only and is effec- the amount of loss hereunder. Nothing herein contained is Live only when policy is made payable to a named mort- intended to modify the policy requirements applicable in gagee or trustee.) Loss, if any, under this policy, shall be case loss occurs, and in particular the requirement that, in payable to the aforesaid as mortgagee (or trustee) as rose loss occurs, the Insured shalt protect the property interest may appear under all present or future mortgages from further domoge. upon the property herein described in which the aforesaid may have on interest as mortgagee (or trustee), in order 15. Vacancy and Unoccuponcy: Permission is granted to be of precedence of said mortgages, and this insurance, as to vacant or unoccupied without limit of time, except as other- the interest of the mortgagee (or trustee) therein, shall not wise provided in any endorsement attached to this policy. be invalidated by any act or neglect of the. mortgagor or A building in process of construction shall not be deemed owner of the within described property, nor by any fore - vacant. closure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership 16. Nuclear Clause: The word "fire" in this policy or endorse- of the property, nor by the occupation of the premises for ments attached hereto is not intended to and does not purposes more hazardous than ore permitted by this policy; n or nuclear ra iation or radioactive provided, that in case the mortgagor or owner shall ne embrace nuclear reoctio o neglect d P 9 contamination, all whether controlled or uncontrolled, and to pay any premium due under this policy, the mortgagee loss by nuclear reaction or nuclear radiation or radioactive (or trustee) shall, on demand, pay the same. contamination is not intended to be and is not insured Provided, also, that the mortgagee notify against by policy ainst b this olic or said endorsements, whether such 9 9 ee ( or trustee) shall ll a or this Company of any change of ownership or occupancy or loss be direct or indirect, proximate or remote, or be in increase of hazard which shall come to the knowledge of d contributed to, or aggravated whole or in part caused by, 94 said mortgagee (or trustee) and, unless permitted by this by tire" or ony other perils insured against by this policy policy, it shall be noted thereon and the mortgagee (or or said endorsements; however, subject to the foregoing and trustee) shall, on demand, pay the premium for such in- all provisions of this policy, direct loss by "fire" resulting creased hazard for the term of the use thereof; otherwise from nuclear reaction or nuclear radiation or radioactive this policy shall be null and void. contamination is insured against by this policy. This Company reserves the right to cancel this policy at 17. Other Insurance: Unless otherwise endorsed, this policy shall any time as provided by its terms, but in such case this apply only as excess insurance over any other valid and policy shall continue in force for the benefit only of the collectible insurance which would apply in the absence of mortgagee (or trustee) for 10 days after notice to the this policy. mortgagee (or trustee) of such cancellation and shall then cease, and this Company shall have the right, on like notice, 18. Conformity with Statute: The terms of this policy and forms to cancel this agreement. attached hereto which are in conflict with the statutes of Whenever this Company shall pay the mortgagee (or the State wherein this policy is issued are hereby amended trustee) any sum for loss under this policy and shall claim to conform to such statutes. that, as to the mortgagor or owner, no liability therefor existed, this Company shall, to the extent of such payment, 19. Cancellation: The words "five days" in the cancellation be thereupon legally subrogoted to all the rights of the provision on page 2 of this policy are deleted and the words party to whom such payment shall be made, under all "ten days" are substituted therefor. securities held as collateral to the mortgage debt, or may, at its option, pay to the mortgagee (or trustee) the whole 20. Inspection and Audit: This Company shall be permitted but principal due or to grow due on the mortgage with interest, not obligated to inspect the Named Insured's property and and shall thereupon receive a full assignment and transfer operations at any time. Neither this Company's right to of the mortgage and of all such other securities; but no make inspections nor the making thereof nor any report subrogation shall impair the right of the mortgagee (or thereon shall constitute on undertaking, on behalf of or trustee) to recover the full amount of said mortgagee's for the benefit of the Named Insured or others, to determine (or trustee's) claim. or warrant that such property or operations are safe or , healthful, or are in compliance with any law, rule, or 22. Report to Police: When either a loss or occurrence takes regulation. • place, the Insured shall give notice thereof to the proper This Company may examine and audit the Nomed Insured's police authority if such loss or occurrence is due to a viola - books and records of any time during the policy period and tion of a law. • ' Page 9 PROVISIONS APPLICABLE TO SECTION II— GENERAL LIABILITY This Company further agrees with the Insured named in the Declarations, subject to the limits of liability, f exclusions, provisions and other terms of this policy: INSURING AGREEMENTS I. Coverage E— Liability: This Company will pay on behalf of (b) any member of the board of directors or governors or the Insured all sums which the Insured shall become legally member of the board of education, or a similar govern - obligated to pay as domoges because of bodily injury or ing body of the Named Insured while acting within the property damage to which this insurance applies, due to an scope of his duties as such; occurrence, and this Company shall have the right and (c) if the Named Insured is or includes a partnership or duty to defend any suit against the Insured seeking damages joint venture, any partner or member thereof but only on,account of such uodily injury or property damage, even with respect to his liability as such; if ony of the allegations of the suit are groundless, false or froudulent, and may make such investigation and settle- (d) if the premises are not owned by the Named Insured, ment of any claim or suit as it deems expedient; but this any person or organization having legal title to the Company shall not be obligated to pay any claim or judg- premises, but only with respect to his liability arising ment or to defend any suit after the applicable limit of this out of the maintenance or use of the premises by the Company's liability has been exhausted by payment of Named Insured; judgments or settlements. (e) any person (other than on employee of the Named Coverage F— Medical Expense: This Company will pay all Insured) or organization while acting as real estate reasonable expenses for medical services performed within manager for the Named Insured; one year from the date of accident to or for each person (f) if the Named Insured is or includes a house of worship who sustains bodily injury, caused by accident and arising or school, any subsidiary organization controlled by out of the ownership, maintenance or use of premises by the Named Insured; the Named Insured and the ways immediately adjoining, and all operations of the Named Insured; provided that (g) as respects saddle animals owned, maintained or used no such payment shall be made unless the person to or for by the Named Insured, any person or organization whom such payment is made shall have executed, in a form using or legally responsible for the use thereof, provided required by this Company, a covenant not to sue any person the actual use of such saddle animals is by the Named under Coverage E, or this Company, for such expense, and Insured or with his permission; but this provision shall a written agreement that the amount of such payment shall not apply to saddle animals while used to carry persons be applied toward the settlement of any claim against any for a charge or while rented to any person or organiza- Insured because of bodily injury arising out of any accident tion other than guests, nor, with respect to saddle to which.Coverage E applies. animals not owned by the Named Insured, to the owner thereof; 11. Supplementary Payments: With respect to such insurance as (h) as respects watercraft owned, maintained or used by the Named Insured, any person or organization using Q is afforded under Coverage E, this Company will pay, in or legally responsible for the use thereof, provided the addition to the applicable limit of liability: actual use of such watercraft is by the Named Insured (a) all expenses incurred by this Company, all costs taxed or with his permission; but this provision shall not against the Insured in any suit defended by this Com- apply to watercraft while used to carry persons for a pony and all interest on the entire amount of any charge or while rented to any person, or organization judgment therein which accrues after the entry of the other than guests, nor, with respect to watercraft not judgment and before this Company has paid or tendered owned by the Named Insured, to the owner thereof; or deposited in court that part of the judgment which (i) with respect to the operations, for the purpose of does not exceed the limit of this Company's liability locomotion upon a public highway, of mobile equipment thereon; registered under any motor vehicle registration law: (b) premiums on appeal bonds required in any such suit, (1) an employee of the Named Insured while operating premiums on bonds to release attachments in any such any such equipment in the course of his employ- , suit for an amount not in excess of the applicable limit ment, and of liability of this policy, and the cost of bail bonds (2) any other person while operating with the per - required of the Insured because of accident or traffic mission of the Named Insured any such equipment law violation arising out of the use of any vehicle to registered in the name of the Named Insured and which this policy applies, not to exceed $500 per bail any other person or organization legally responsible bond, but this Company shall have no obligation to for such operation; apply for or furnish any such bonds; provided that no person or organization shall be an (c) expenses incurred by the Insured for first aid to others Insured under paragraph (1) with respect to: at the time of an accident for bodily injury to which (i) bodily injury to any fellow employee of such person this insurance applies, except expenses for first aid for injured in the course of his employment, or bodily injury to (i) the Insured's pupils while engaged (1i) property damage to property owned by, rented to, in any athletic activities, including calisthenic drills in charge of or occupied by the Named Insured or and gymnasium classes, or (ii) campers; the employer of any person described in subpar ° - ' (d) expenses incurred by the Insured at this Company's re- graph (2). quest, in assisting this Company in the investigation or The insurance afforded under Coverage E applies separately defense of any claim or suit, including actual loss of to each Insured against whom claim is mode or suit is earnings not to exceed $50 per day. brought but the inclusion herein of more than one Insured 111. Definition of "Insured ": With respect to the insurance shall not operate to increase the applicable limit of this under Coverage E, the unqualified word "Insured" includes Company's liability. the Named Insured, provided that (1) if the Named Insured IV. Definitions: The following definitions apply: is designoted as on individual, the insurance applies only to the conduct of a business of which he is the sole pro- "automobile" means: (1) a land motor vehicle, trailer or prietor and the spouse of the Named Insured with respect semi - trailer designed for travel on public roads (including to the conduct of such business and (2) the unqualified any machinery or apparatus attached thereto); (2) a snow- c" word "Insured" also includes the following: mobile or trailer designed for use therewith; but does not (a) any executive officer, stockholder, fiduciary, elder, include mobile equipment; warden, deacon, vestryman, clergyman, or trustee of "bodily injury" means bodily injury, sickness or disease the Named Insured while acting within the scope of sustained by any person which occurs during the policy his duties as such; period, including death at any time resulting therefrom; H 28536 F ,"T' E, Pages3 -14 aa... f , Page 10 • "completed operations!" means operations which have been immediately adjoining, or (c) designed for use principally completed or abandoned and includes reliance upon a off public roods, or (d) designed or maintained for the sole representation or warranty mode at any time with respect purpose of affording mobility to equipment of the following ;_ thereto; provided that the bodily injury or property damage types forming an integral part of or permanently attached arising out of such operations occurs awcy from premises to such vehicle: power crones, shovels, loaders, diggers and owned by or rented to the Named Insured. "Operations" drills; concrete mixers (other than the mix -in transit type); includes materials, parts or equipment furnished in connec- graders, scrapers, rollers and other road construction or tion therewith. Operations shall be deemed completed at repair equipment; air- compressors, pumps and generators, the earliest of the following times: including spraying, welding and building cleaning equip - (a) when all operations to be performed by or on behalf of ment; and geophysical exploration and well servicing equip - the Named Insured under the contract hove been ment; completed, "Named Insured" means a person or organization named in (b) when all operations to be performed by or on behalf the Declarations; of the Named Insured at the site of the operations "Named Insured's products" means goods or products have been completed, or manufactured, sold, handled or distributed by any Named (c) when the portion of the work out of which the injury Insured or by others troding under his name, if the bodily or damage arises has been put to its intended use by injury or property damage arising out of such goods or any person or organization other than another con- products occurs after physical possession thereof has been tractor or subcontractor engaged in performing opera- relinquished to others; provided the Named Insured's tions for a principal as a part of the some project. products shall include: Operations which may require further service or mainte- (a) reliance upon a representation or warranty made at nonce work, or correction, repair or replacement because any time with respect to such products; of any defect or deficiency, but which are otherwise coal- (b) any container thereof (other than a vehicle); plete, shall be deemed completed. "Named Insured's products" shall not include a vending "elevator" means elevators, escolotors or any other hoisting machine or any property other than such container, rented or lowering device used to connect floors or landings, to or located for use of others but not sold; whether or not in service, and all appliances thereof includ- "occurrence" means exposure of persons or property to con- ing any car, platform, shaft, hoistway, power equipment ditions which results in bodily injury or property damage; and machinery, or any hydraulic or mechanical hoist used provided such bodily injury or property damage is neither for raising or lowering automobiles or for dumping material expected nor intended by the Insured; from trucks; "property damage" means (1) physical injury to or destruc- "insured contract means any written (a) lease of premises, tion of tangible property which occurs during the policy (b) easement agreement, except in connection with con- period, including the loss of use thereof at any time re- struction or demolition operations on or adjacent to a suiting therefrom, or (2) loss of use of tangible property roilrood, (c) undertaking to indemnify a municipality re- which hos not been physically injured or destroyed provided quired by municipal ordinance, except in connection' with such loss of use is caused by an occurrence during the work for the municipality, (d) sidetract agreement or (e) policy period; elevator maintenance agreement; "transportation hozard" means the maintenance, opera - "medical services" means necessary medical, surgical, X -ray tion, use loading or unloading of automobiles not owned and dental services, including prosthetic devices, and neces- or hired by or for the Insured. sary ambulance, hospital, professional nursing and funeral services; V. Special Events: Such insurance as is afforded under Cover - "mobile equipment" means a land vehicle (including any ages E and F applies to bodily injury and property damage machinery or apparatus attached thereto), whether or not arising out of special events sponsored by the Named In- self- propelled, (a) not subject to motor vehicle registration, sured including dances, meetings, outings and fund raising or (b) maintained for use exclusively on premises owned activities, or arising out of the transportation hazard in by or rented to the Named Insured, including the ways connection therewith. EXCLUSIONS This policy does not apply: injury or property damage arising o ut of the owner- products or work performed by or on behalf of the Named (a) to bodily l Y P Y 9 9 Insured; ship, maintenance, operation, use, loading or unloading of: (1) any automobile or aircraft owned or operated by or (e) under Coverage E, to any obligation for which the Insured rented or loaned to any Insured, or may be held liable arising out of the conduct of any joint (2) any other automobile or aircraft operated by any person venture or partnership of which he is a member or partner and which is not designated in this policy as a Named in the course of his employment by any Insured; Insured; but this exclusion does not apply (1) to the parking of an (f) to bodily injury or property damage due to war, whether or automobile on premises owned by, rented to or controlled by not declared, civil war, insurrection, rebellion or revolution, the Named Insured or the ways immediately adjoining, if or to any act or condition incident to any of the foregoing; such automobile is not owned by or rented or loaned to any Insured; or (2) with respect to the transportation hazard (g) under Coverage E, to bodily injury or property damage for under Insuring Agreement V; which the Insured or his indemnitee may be held liable: (1) as a person or organization engaged in the business of (b) to bodily injury or property damage arising out of and in the manufacturing, distributing, selling or serving alcoholic course of the transportation of mobile equipment by an auto- beverages, or mobile owned or operated by or rented or loaned to any a (2) if not so engaged, as an owner or lessor of Insured; h g premises used for such purposes, (c) to bodily injury or property damage arising out of the owner- if such liability is imposed (1) by, or because of the violation ship, maintenance, operation, use, loading or unloading of of, any statute, ordinance or regulation pertaining to the any mobile equipment while being used in any prearranged sale, gift, distribution or use of any alcoholic beverage, or or organized racing, speed or demolition contest or in any stunting octivity or in practice or preparation for any such (ii) by reason of the selling, serving or giving of any alcoholic 4 contest or activity; beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of (d) under Coverage E, to liability assumed by the Insured under any person; and under Coverage F to any expense resulting any contract or agreement except an insured contract; but therefrom; but part (ii) of this exclusion does not apply with this exclusion does not apply to reliance upon a represents- respect to liability of the Insured or his indemnitee as an tion or warranty mode with respect to the Named Insured's owner of lessor described in (2) above; Page 11 (h) to bodily injury or property damage due to (1) a delay in or lack of performance by or on behalf of the (1) the rendering of or failure to render (i) medical, surgi- Named Insured of any contract or agreement, or ,'` cal, dental, X -ray or nursing services or treatment, or (2) the failure of the Named Insured's the furnishing of food or beverage in connection there- products or work performed by or on behalf of the Named Insured to with, (ii) any service or treatment conducive to health meet the level of performance, quality, fitness or dura- including massage, physiotherapy, chiropody, hearing aid, bility warranted or represented by the Named Insured; optical or optometric service or treatment, or (iii) any cosmetic or tonsorial service or treatment; but this exclusion does not apply to loss of use of other (2) the furnishing or dispensing of drugs or medical, dental, tangible property resulting from the sudden and accidental or surgical supplies or appliances, including prosthetic physical injury to or destruction of the Named Insured's devices; products or work performed by or on behalf of the Named (3) the handling of or performing of autopsies on deceased Insured after such products or work have been put to use human bodies; by any person or organization other than on Insured; but parts (1) and (2) of this exclusion shall not apply (p) to damages claimed for the withdrawal, inspection, repair, with respect to d ) the op infirmaries having e ration us en exce t except replacement, or loss of use of the Named Insured's products ties for overnight the o and treatment, (ii) clinics, property of which such products or work form a g or work completed by or for the Named Insured or of any or (iii) hospitals; such lodging public part, e products, work or property are withdrawn from the (1) to bodily injury or property damage arising out of the dis- market or from use because of any known or suspected charge, dispersal, release or escape of smoke, vapors, soot, defect or deficiency therein; fumes, acids, alkalis, toxic chemicals, liquids or gases, waste (q) under Coverage F, to bodily injury to (1) the Named Insured materials or other irritants, contaminants or pollutants into or, if the Named Insured is a or upon loud, the atmosphere or any watercourse or body p partner parrs, , ( an y t o joint venture person water; but this exclusion does not apply if such discharge, er an rgul se rl or y member thereof, premises es owned by a other dispersal, release or escape is neither expected nor intended gul ured, or , residing or anon prem f s uc In or rented to by the Insured; a Named Insured, any employee of such nsured, tenant or other person arising out of and in the course of his em- (j) under Coverage E, except with respect to liability assumed ployment therewith, or (3) any other tenant of such premises, by the Insured under an insured contract, to bodily injury or any employee of such other tenant arising out of and in to any employee of the insured arising out of and in the the course of his employment therewith, on that part of such course of his employment by the Insured or to any obligation premises rented to such other tenant, or (4) any person of the Insured to indemnify another because of damages arising out of and in the course of his employment if benefits arising out of such injury; therefor are in whole or in port either payable or required (k) under Coverage E, to bodily injury to the Named Insured to be provided under any workmen's compensation low, or or, under te Named Insure d is a (5) any person while engaged in demolition, alteration, main - partnership or joint venture, tenance, repair or new construction operations by or on behalf ony partner or member thereof; of the Named Insured, or any person injured as a result of (I) under Coverage E, to ony obligation far which the Insured such operations which are performed on behalf of the Named or any carrier as his insurer may be held liable under any Insured by independent contractors, or for any lessee of a workmen's compensation, unemployment compensation or Named Insured or any lessor of premises rented to a Named (' disability benefits law, or under any similar low; Insured, or (6) any person practicing, instructing or partici- (m) under Covero a E, to pating in any physical training, sports, athletic activity or g property damage to (1) the Named contest; Insured's products arising out of such products or any port of such products, (2) premises alienated by the Insured (r) under Coverage F, to any expense for services by a Named arising out of such premises or any part thereof, or (3) work Insured, any employee thereof, or any person or organization performed by or on behalf of the Named Insured arising under contract to a Named Insured to provide such services; parts or fur hed on connection therewith; materials, (s) under Coverage F, to that amount of any expense for medical services which is paid or payable to or on behalf of the (n) under Coverage E, to property damage to (1) property owned injured person under the provisions of any (1) automobile or occupied by or rented to the Insured, (2) property used or other insurance affording benefits for medical expenses, by the Insured, or (3) property in the care, custody or control (2) individual, blanker or group occident, disability or hospi- of the Insured, or as to which the Insured for any purpose talizotion insurance, (3) medical, surgical or hospital benefit, is exercising physical control; but ports (2) and (3) of this service or reimbursement plan, (4) workmen's compensation exclusion do not apply with respect to liability under a or disability benefits law or ony similar law, or (5) organiza- written sidetrack agreement and part (3) of this exclusion tion's benefit program or from any other person; does not apply with respect to property damage (other than to elevators) arising out of the use of elevators at premises (t) under Coverage F, to bodily injury occurring away from owned by, rented to, or controlled by the Named Insured; Premises owned by or rented to the Named Insured and arising out of (1) the Named Insured's products, or (2) (o) to loss of use of tangible property which has not been completed operations performed by or on behalf of the physically injured or destroyed resulting from Named Insured. 3 H 28536 F rw" Poges3 -14 0. : Tie . t _____ _ Page 12 - - -- ---__ _.._ — - GENERAL NUCLEAR ENERGY EXCLUSIONS — .SECTIONS This policy does not apply under Section 11: II AND III I. Under any Liability Coverage, to injury, sickness, disease, death or destruction "nuclear material" means source material, special nuclear (a) with respect material or byproduct material; also a insured under a nuclear energy policy is "source material ", "special issued by Nuclear Ener gY liob')ioy policy product material" h e the nuclear material", and "b spect to which an Insured under this Mutual Atomic Energy gY Liability Insurance Association, Atomic Ener 1954 or in ony low have the meanings Insurance Association of Canlada,Uorde ' would be an Insured Act of a m endat ry thereof under any such policy but for its termination upon ex. spent fuel" d m`e� ch has been used or exposed to radiation Insurance of its limit of liability; solid or liquid, Y fuel element or fuel component, (b) resulting from the hazardous properties ° f in ° nuclear reactor; anon -------, terial and with respect to which (1) an'es of nuclear ma. "waste' means any waste material (1) containing zation is required to maintain financial pr op or organ!• on material and (2) resulting from the operation b ya � yprOduct suant to the Atomic Energy Protection pu or organization of gY Act of 1954, or any law definition of nuclear y ear facility any person amendatory thereof, or (2) the Insured is, or had this n i ncluded within the policy not been issued would be, entitled to indemnity thereof; facility under paragraph (a) or (5) from the United States of America, or any agency there- of, under ony agreement entered into by "nuclear facility" means the States of America, or any agency thereof, h any (o) an person or organization. with any Y nuclear reactor, 11. Under any Medical Expense or Medical Payments Coverage, (b) any equipment or device designed or used for (1) separat. or under any ing the i spent t uranium or plutonium, (2) Y Supplementary Payments provision relating to or utilizing first oid, to expenses incurred with respect to bodily injury, spent fuel, or (3) handling, processing sickness, disease or death resulting from the hazardous P °Gk °ging waste, 9. processing or Properties of nuclear material and arising out of the opera- (c) caring or device used for the sin g or olio Y material i tion of a nuclear facility by any in g of special nuclear m Y person or organization, time the total amount of such material in the custody Y ateriaf at any 111. Under any Liability Coverage, to injury, sickness, disease, of the Insured at the death de or destruction resulting Co era from the hazardous or device is plutonium consists uranium or where 233 or more v than of nuclear material, if properties 25 grams of plutonium or uranium 233 or ony combina- (o) the nuclear material (i) is at any nuclear facility owned tion thereof, or by, or operated by or on behalf of on Insured, or (ii) more than 250 grams of uranium 235, re- has been discharged or dispersed therefrom; (d) any structure, basin, excavation, (b) the nuclear material is contained in spent fuel or waste pared or used for the storage or disposal or waste pre- at any time possessed, handfed, used, processed, stored, transported or disposed an Insured; and operations conducted on such site the on foregoing is located, ed of by or on behalf of all o or for such operations; premises used (c) the injury, sickness, disease, death or destruction arises "nuclear reactor" means any a out of the furnishing by an Insured of services, materials, sustain nuclear fission in y PParatus designed or used to ports or equipment in connection with the services, n to Contain ° a chain reaction or , operation or use of any critical mass of fissionable material; 9, con- struction, maintenance with respect to injury tY, but if such Y nucle foci!! facility 1 ry to or destruction of States of Americo, its territories or possessions l of Canada, Injury" or "destruction" property, this exclusion (c) applies only to injury contamination of includes alt forms o ty the word ado Property, f radioactive of property at such nuclear facility, j ry tO or destruction As used in this exclusion: This policy does not apply under Section 111: "hazardous properties" include radioactive, toxic or explosive Under any coverage, to loss due to nuclear reaction, nuclear properties; radiation or radioactive contamination or to any act or con- dition incident to any of the foregoing. PROVISIONS APPLICABLE TO SECTION IIi This Company further agrees with the Insured named in the Declares ' Policy, to pay for loss in accordanc with the form which is issued to complete subject t all the terms of t to compllete thhi s poll icc this policy. Page 13 PROVISIONS APPLICABLE TO SECTIONS 11 AND III .-1 CONDITIONS Conditions apply to all coverages under Sections 11 and 111 unless otherwise noted. 1. Application of Policy. This policy applies under Section II, the policy period (i) arising out of continuous or repeated only to bodily injury and property damage which occurs exposure to substantially the some general conditions during the policy period within the policy territory and under shall be considered as arising out of one occurrence, Section III, only to losses which occur during the policy (ii) arising out of any related series or combination of period within the policy territory. Policy territory means: exposures shall be considered as arising out of one (o) The United States of Americo, its territories or posses- occurrence; sions or Canada, or (b) under Coverage F, the limit of liability stated in the (b) international waters or airspace, provided the bodily Declarations as applicable to "each person" is the limit injury or property damage does not occur in the course of this Company's liability for all medical expenses in- of travel or transportation to or from any other country, curved by or on behalf of each person who sustains state or nation, or bodily injury as the result of any one accident. Subject (c) anywhere in the world with respect to damages because to the above provision respecting "each person ", the of bodily injury or property damage arising out of a limit of accident" liability stated in the Declarations of this is applicable product which was sold for use or consumption within li "each a c cll me is the expenses limit of this Compan e - the territory described in (a) above; h a l f o for all medical eons who inc by bodily on be- suit for damages is brought within such territory. as the result of any one accident. Y provided the original half of two or more persons who sustain bodil injury y 2. Premiums. 5. Conformity with Statute. The terms of this policy and (a) The premium stated in the Declarations is an estimated forms attached hereto which are in conflict with the statutes premium only, based on hazards described in the Sched- of the State wherein this policy is issued are hereby amended ule on file with this Company. to conform to such statutes. (b) Upon the annual anniversary, terminotion or stipulated 6. Other Insurance. This insurance shall not apply to the ex- premium odjustment dote of this policy, the earned PP Y premium shall be computed in accordance with this tent that any valid and collectible insurance, whether on a Company's rules, rates, rating pions, premiums and Primary, excess or contingent basis is available to the In- minimum premiums. If the earned premium thus com- cured under any other insurance policy. puted exceeds the estimated advance premium paid, 7. Subrogation. In the event of any payment under Coverage the Named Insured shall pay the excess to this Com- E of this policy, this Company sholl be subrogated to all the pony; if less, this Company shall return to the Named Insured's rights of recovery therefor against any person or Insured the unearned portion paid by such Insured. organization and the Insured shall execute and deliver in- struments and papers and do whatever else is necessary to 3. Inspection and Audit. This Company shall be permitted but not obligated to inspect the Named Insured's property secure such rights. The Insured shall do nothing after the 0 and operations at any time. Neither this Company's right loss to prejudice such rights. to make inspections nor the making thereof nor any report In the event of any payment under Coverage F of this policy, thereon shall constitute an undertaking, on behalf of or for this Company shall be subrogated to all the rights of recov- the benefit of the Named Insured or others, to determine or ery therefor which the injured person or anyone receiving warrant that such property or operations are safe or health- such payment may have against any person or organization ful, or are in compliance with any law, rule, or regulation. and such person shall execute and deliver instruments and This Company may examine and audit the Named Insured's papers and do whatever else is necessary to secure such books and records at any time during the policy period and rights. Such person shall do nothing after loss to prejudice extensions thereof and within three years after the final such rights. termination of this policy, as far as they relate to the subject 8. Insured's Duties in the Event of Occurrence, Claim or Suit -- ' matter of this insurance. Section II. 4. Limits of Liability. Regardless of the number of (1) persons (a) In the event of an occurrence, written notice containing or organizations who are Insureds under this policy, (2) per- particulars sufficient to identify the Insured and also sons or organizations who sustain bodily injury or property reasonably obtainable information with respect to the damage, or (3) claims made or suits brought on account of time, place and circumstances thereof, and the names bodily injury or property damage, and addresses of the injured and of availc 1 b e witnesses, (a) under Coverage E, the limit of liability stated in the shall be given by or for the Insured to this Company or Declarations as applicable to "each occurrence" is the any of its authorized agents as soon as practicable. total limit of this Company's liability for all damages, (b) If claim is made or suit is brought against the Insured, including damages for care and loss of services, as the the Insured shall immediately forward to this Company result of any one occurrence. every demand, notice, summons or other process re- Subject to the above provision respecting "each occur- ceived by him or his representative. rence ", if an "aggregate" limit of liability is shown in (c) The Insured shall cooperate with this Company and the Declarations the total limit of this Company's liobil- upon this Company's request, assist in Y q making settle- ity for all such damages in any one of the consecutive ments, in the conduct of suits and in enforcing any right annual periods of the policy period of contribution or indemnity against any person or or- (1) arising out of the Named Insured's products, ganization who may be liable to the Insured because of (2) arising out of completed operations, bodily injury or property damage with respect to which insurance is afforded under this policy; and the Insured (3) for property damage arising out of operations by the sholl attend hearings and trials and assist in securing Named Insured or performed for the Named Insured and giving evidence and obtoining the attendance of by independent contractors and general supervision witnesses. The Insured shall not, except at his own cost, thereof by the Named Insured, away from premises voluntarily make any payment, assume any obligation owned by or rented to the Named Insured, or incur any expense other than for first aid to others at shall not exceed such aggregate limit of liability. the time of accident. The aggregate limit of liability shall apply separately 9. Insured's Duties When Loss Occurs — Section III. Except with respect to subparagraphs (1), (2) and (3) above and with respect to any Glass Coverage, upon knowledge or dis- separately under (3) with respect to each project away covery of loss or of on event which may give rise to o claim from premises owned or rented by the Named Insured. for loss, the Insured shall: (a) give notice thereof as soon as For purposes of determining the limit of this Company's practicable to this Company or any of its authorized agents liability, all bodily injury or property damage, during and also to the police if the Toss is due to a violation of the H 28536 F ro ui `o Pages 3 -14 a :,. Pogo 14 law; (b) file detailed proof of loss, duly sworn to, with this thereto, there shall have been full compliance with all the Company within four months after the discovery of loss. terms of this policy, nor until thirty days after the required Except with respect to any Glass Coverage, upon this Com- proofs of loss have been filed with this Company, nor at all, pony's request, the Insured and every claimant hereunder unless commenced within two years from the date when the shall submit to examination by this Company, subscribe the Insured discovers the loss. If any limitation of time for no- some, under oath if required, and produce for this Com- Lice of loss or any legal proceeding herein contained is pony's examination all pertinent records, all at such reason- shorter thcn that permitted to be fixed by agreement under oble times and places as this Company shall designate, and any statute controlling the construction of this policy, the shall cooperate with this Company in all matters pertaining shortest permissible statutory limitation of time shall govern to loss or claim with respect thereto. Under any Glass Cov- and shall supersede the time limitation herein stated. erage, upon knowledge of loss, the Insured shall: 13. Changes. Notice to any agent or knowledge possessed by (a) give notice thereof as soon cs practicable to this Com- any agent or by any other person shall not effect a waiver or pony or any of its authorized agents; a change in any part of this policy or estop this Company (b) upon this Com an s re uest, file from asserting any right under the terms cr of this policy; nor P Y q proof of loss, under shall the terms of this policy be waived than oath if required, on forms provided by this Company. by endorsement issued to form a part of this policy. except 10. Medical Re ports. P roof Expense d or Claim—Section Payments Coverage 14. Assignment. Assignment of interest under this pol icy sholl g e not bind this Company until its consent is endorsed hereon; as soon as practicable the injured person or someone on his if, however, the Named Insured shall die, such insurance as behalf shall give to this Company written proof of claim, is afforded by this policy shall apply: under oath if required, and shall, ofter each request from this Company, execute authorization to enable this Com- (1) to the Named Insured's legal representative as Named pony to obtain medical reports and copies of records. The Insured, but only while acting within the scope of his injured person shall submit to physical examination by phy- duties as such, and sicions selected by this Company when and as often as this (2) with respect to the property of the Named insured, to Company may reasonably require. the person having proper temporary custody thereof, This Company moy pay the injured person or any person or as Insured, but only until the appointment and quolifi- organization rendering the services and such payment shall cation of the legal representative. reduce the amount payable hereunder for such injury. Pay- 1 S. Financial Responsibility Laws — Coverage E. When this ment hereunder shall not constitute admission of liability policy is certified as proof of financial responsibility for the of the insured or, except hereunder, of this Company. future under the provisions of any motor vehicle financial 11. Appraisal. If the Insured and this Company fail to agree responsibility law, such insurance as is afforded by this pol- as to the amount of loss, each shall, on the written demand icy for bodily injury liability or for property damage liability of either, made within sixty days after receipt of proof of loss sholl comply with the provisions of such law to the extent by this Company, select a competent and disinterested op- of the coverage and limits of liability required by such law. praiser, and the appraisal shall be made at a reasonable The Insured agrees to reimburse this Company for any pay - time and place. The appraisers shall first select a compe- ment made by this Company which it would not have been tent and disinterested umpire, and foiling for fifteen days obligated to make under the terms of this policy except for to agree upon such umpire, then on the request of the In- the agreement contained in this paragraph. sured or this Company, such umpire shotl be selected by a 16. Liberalization Clause. If during the period that insurance E judge of a court of record in the county and state in which such appraisal is pending. The appraisers shall then op- is in force under this policy, or within 45 days prior to the � ' praise the loss, stating separately the actual cash value at inception date thereof, on behalf of this Company there be time of foss and the amount of the loss, and failing to agree filed with and approved or accepted by the insurance super - shall submit their differences to the umpire. An award in visory authorities, in conformity with law, any forms, en- writing of any two shall determine the amount of loss. The c orsements, rules or regulations by which this insurance Insured and this Company shall each pay its chosen op - could be extended or broadened, without additional pre - praiser and shall bear equally the expenses of the umpire mium charge, by endorsement or substitution of form, then and the other expenses of appraisal. such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorse - This Company shall not be held to hove waived any of its ment or substitution of form had been made. rights by any act relating to appraisal. 17. Cancellation. This policy may be cancelled by the Named 12. Action Against Company. Under any Liability Coverage, Insured by surrender thereof to this Company or any of its no action shall fie against this Company unless, as a condi- authorized agents or by mailing to this Company written tiara precedent thereto, the Insured shall have fully complied notice stating when thereafter the cancellation shall be with all of the terms of this policy, nor until the amount of effective. This policy may be cancelled by this Company the Insured's obligation to pay shall have been finally deter- by mailing to the Named Insured at the address shown in mined either by judgment against the Insured after actual this policy written notice stating when not less than ten days trial or by written agreement of the Insured, the claimant thereafter such cancellation shall be effective. The mailing and this Company. of notice os aforesaid shall be sufficient proof of notice. Any person or organization or the legal representative there- The time of the surrender or the effective date and hour of of who has secured such judgment or written agreement cancellation stated in the notice shall become the end of the shall thereafter be entitled to recover under this policy to policy period. Delivery of such written notice either by the the extent of the insurance afforded by this policy. No per- Named Insured or by this Company shall be equivalent to son or organization shall have any right under this policy to mailing. join this Company as a party to any action against the In- If the Named Insured cancels, earned premium shall be sured to determine the insured's liability, nor shall this computed in accordance with the customary short rate table Company be impleoded by the Insured or his legal repre- and procedure. If this Company cancels, earned premium sentative. shall be computed pro rota. Premium adjustment may be Bankruptcy or insolvency of the Insured or of the Insured's made either at the time cancellation is effected or as soon estate shall not relieve this Company of any of its obligo- as practicable after cancellation becomes effective, but pay - tions hereunder. ment or tender of unearned premium is not c condition of Under any Medical Expense Coverage, Medical Payments cancellation. Coverage or Glass Coverage, no action shall lie against this 18. Declarations. By acceptance of this policy the Named In- Company unless, os a condition precedent thereto, there sured agrees that the statements in the Declarations are shall have been full compliance with all the terms of this his agreements and representations, that this policy is issued policy, nor until thirty days after the required proofs of loss in reliance upon the truth of such representations and that I . have been filed with this Company. this policy embodies all agreements existing between himself Under Section III, except Glass Coverage, no action shall and this Company or any of its agents relating to this in- lie against this Company unless, as a condition precedent surance. �N511AAp�. SPECIAL INSTALLMENT PREMIUM ENDORSEMENT HOME It is agreed that the premiums for the first and second anniversary are subject to adjustment on each anniversary of the policy inception date in accordance with the then current rates, rules, rating plans, premiums and minimum premiums in use by this Company for this policy. M301 54F t /76 INSTITUTIONAL POLICY Page 2a STOCK COMPANY INSURANCE ISSUED BY HOME COMPANIES DECLARATIONS (continued) INSURED POLICY NUMBER h . • : , z • ', : -. : Description and Location of Property and Operations Covered LOCATION BUILDING SHOW LOCATION, CONSTRUCTION, TYPE OF ROOF, OCCUPANCY AND COVERAGE A— COVERAGE 8— NUMBER NUMBER ! TYPE OF OPERATIONS REAL PROPERTY PERSONAL PROPERTY AMOUN7 AMOUNT Various Blanket Real & Personal Propery as 474,858 Included per statement of values on file with: in the Coverage A The Home Insurance Co. total 4510 W. ?7th Minneapolis, MN 55435 $ 250 Deductible (i EME;gapplies to Peril(s) 1 & special Coverage(s) A Sc B Insurable Values: As per statement or val es % COINSURANCE APPLIES TO COVERAGES) 9096 A & B after 7 -1 -78 Coverage C — Increased Expense: $5,000 applies to each location, unless a higher amount is indicated hereunder: Loc. , Amount $ ; Lac. , Amount $ ; Loc. , Amount $ ; Loc. , Amount $ EFFECTIVE DATE OF THIS PAGE AGENT 7 -7-77 ?Cj ,at Wherever a policy provision refers to the Declarations, such reference shall also apply to thls Declarations Page. H28538F SPECIAL COVERAGE ENDORSEMENT (, HosurmiviiN OME) � R1PAN\E% This endorsement applies only with respect to such coverages for which it is made applicable in the Declarations. Subject to the provisions herein and of this policy, such insurance as is afforded under. Section 1 is extended to insure against ALL RISKS OF DIRECT PHYSICAL LOSS TO THE PROPERTY COVERED BY ANY PERIL, EXCEPT AS EXCLUDED HEREIN. EXCLUSIONS I. This Company shall not be liable, under this endorsement, for loss which is insured against by the perils of Section I of this policy. II. The "EXCLUSIONS" of Section I are applicable to this endorsement with the following amendments: A. Exclusion 2 does not apply to loss arising from theft; B. Exclusion 5 does not apply to loss resulting from any electrical injury or disturbance to electrical appliances, devices or wiring (other than data processing systems including equipment and components thereof, scientific instruments, testing equipment, television cameras and picture tubes or any property involved in any test, experiment or research project) caused by abnormal electrical current changes originating off premises, or originating on premises from public utility -owned equipment which is not under the control of the Insured. 111. The following additional exclusions apply: A. This endorsement does not insure h e doe of u e against loss by: 1. Inherent vice; latent defect; rust or corrosion; wear and tor; deterioration; faulty materials or workmanship; a e tY e s p, mechanical breakdown; marring or scratching; animals, pets; moths, vermin, termites or other insects; smog; smoke, vapor or gas from agricultural or industrial operations; wet or dry rot; mould; change in flavor, color, texture or finish; changes in temperature; dampness or dryness of atmosphere; contamination; settling, crocking, shrinkage, bulging or expansion of pavements, foundations, walls, floors, roofs or ceilings; A 2. Vandalism, malicious mischief, theft or attempted theft, if the described building(s) had been vacant beyond a period of 30 consecutive days immediately preceding the loss; 3. Unexplained or mysterious disappearance of property (except property in the custody of carriers for hire); or by shortage of property disclosed on taking inventory; 4. Any fraudulent, dishonest or criminal act done by or at the instigation of any Insured, portner or joint adventurer in or of any Insured, or an officer, director or trustee of any Insured; pilferage, appropriation or concealment of any property due to any fraudulent, dishonest or criminal act of any employee while working or otherwise, or agent of any Insured, or ony person to whom the property may be entrusted, other than any carrier for hire; 5. Theft of any property which at the time of loss is not on integral part of a building or structure; 6. Breakage of glass, glassware, statuary, marbles, bric -a -brac, porcelains and similar articles of o fragile or brittle nature unless caused by sonic boom, leakage or accidental discharge from automatic sprinkier systems, burglary or attempt thereat, vandalism or malicious mischief, or collision, derailment or overturning of a transporting conveyance. 7. Any legal proceeding. B. This endorsement does not insure against loss to: 1. Plumbing, heating or air conditioning systems or other equipment or appliances (except fire protective systems), or for loss by leakage or overflow from such systems, caused by or resulting from freezing while the described building(s) is vacant or unoccupied, unless the Insured shall have exercised due diligence with respect to maintaining heat in building(s) or unless such systems and appliances had been drained and the water supply shut off during such vacancy or unoccupancy; 2. Personal property involved in any test, experiment or research project, unless caused by accidental discharge from automatic sprinkler systems or vandalism or malicious mischief; 3. Animals, when covered under this policy, or trees, shrubs and plants within buildings, unless caused by leakage or accidental discharge from automatic sprinkler systems or vandalism or malicious mischief; 4. Personal property in the open, (other than property in the custody of carriers for hire), caused by rain, snow, or sleet; H28852F 5. Buildings or structures in process of construction, including materials and supplies therefor, unless caused by vandalism or malicious mischief; 6. Any property undergoing alterations, repairs, installations, servicing or other work, including materials and supplies therefor, if directly attributable to the operations or work being performed thereon, unless loss not otherwise excluded in this endorsement ensues, and then this Company shall be liable for only such ensuing loss; 7. Steam boilers, steam pipes, steam turbines and steam engines caused by bursting, rupture, bulging, cracking or explosion originating therein; 8. Hot water boilers or to other equipment for heating water, caused by any condition or occurrence within such boilers or equipment; 9. Machines and machinery caused by rupture, bursting or disintegration of their rotating or moving ports resulting from centrifugal or reciprocating force; 10. Awnings, gutters, downspouts, outdoor signs, fences, swimming pools, walks, roadways or other paved surfaces, curbs, piers, bulkheads, whorves or docks, bench or diving platforms or appurtenances, retaining walls not constituting a part of the building(s), whether such property is specifically described in the Declarations or not caused by freezing, thawing, ice, snow, or sleet. THEFT DAMAGE If Personal Property is covered hereunder, but building(s) are not covered, loss directly resulting from theft (including attempt thereat) to that part of the building occupied by the Insured is also covered hereunder, subject to the terms of this endorsement, but only if the Insured is the owner of such building or is liable for such damage. • • • • • • THE HOME INSURANCE COMPANIES MINNESOTA MANDATORY ENDORSEMENT MORTGAGEE CLAUSE — COINSURANCE CLAUSE Mortgagee Clause: When the interest of a mortgagee is insured under this policy, the mortgagee provisions of the Minnesota Standard Policy are applicable and the Mortgagee Clause in the form attached is void. Coinsurance Clause: The Coinsurance Clause, as requested by the insured, is contained in and forms a part of this Policy. Dated 19 btf j_ i8 C_ arviz p AG EN T N9664l F) 6/72 THE HOME INSURANCE COMPANIES osuRANce HOME COMPANIES SPECIAL INLAND MARINE COVERAGE ENDORSEMENT It is agreed that section 1 of the policy, subject to the provisions and stipulations therein, is extended to insure against direct loss to the property covered under the following inland marine form or forms, for the perils as defined and limited therein: ATTACH INLAND MARINE FORMS AND SCHEDULES HERE See IM2141C 1. MACHINERY: In the event of loss of or damage 6. PRIVILEGE TO ADJUST WITH OWNER: In the to machinery consisting, when complete for sale event of any loss of or damage to the property or use, of several parts, this Company shall only of others held by the Insured for which claim is be liable for the value of the part(s) lost or made upon the Company, the right to adjust such damaged. loss or damage with the owner or owners of the 2. LAB ELS: In the event of loss of or damage to property is reserved to the Company and the Labels, capsules or wrappers, the loss shall be receipt of such owner or owners in satisfaction adjusted on the basis of an amount sufficient to thereof shall be in full satisfaction of any claim pay the cost of new labels, capsules or wrap- of the Insured for which such payment has been pers. made. If legal proceedings be taken to enforce a claim against the Insured as respects any such 3. PAIR, SET or PARTS: In the event of loss of or loss or damage, the Company reserves the right damage to; (a) any article or articles which are at its option without expense to the Insured, to a part of a pair or set, the measure of loss of or conduct and control the defense on behalf of and damage to such article or articles shall be a in the named of the Insured. No action of the reasonable and fair proportion of the total value Company in such regard shall increase the lia- of the pair or set, giving consideration to the bility of the Company under this policy, nor in- importance of said article or articles, but in no crease the limits of liability specified in the event shall such loss or damage be construed to policy. mean total loss of the pair or set; or (b) any part of property covered consisting, when complete for use, of several parts, this 7. RECORDS and INVENTORY: The Insured shall Company shall only be liable for the value keep accurate books, records and accounts in of the part lost or damaged. the following manner: 4. SUE and LABOR: In the event of loss of or (1) A detailed and itemized inventory record of damage to the property covered hereunder, it all property covered hereunder shall be shall be lawful and necessary for the Insured or maintained and physical inventory shall be his or their factors, servants or assigns to sue, taken periodically at intervals not more than labor and travel for, in and about the defense, twelve months apart; safeguard and recovery of the said property of (2) A set of books showing a complete record of any part thereof without prejudice to this in- the business transacted including all pur- surance or waiver of the Insured's rights here- chases and sales for both cash and credit; under. (3) Detailed records of: (a) the property of 5. CLAIMS AGAINST THIRD PARTIES: In the others in his or their custody and control, event of any loss of or damage to the property (b) all travelers stocks and (c) property sent covered hereunder the Insured shall immediately to others for any purpose; make claim in writing against the carrier(s), (4) All such books, records and accounts shall bailee(s), or others involved. No Loss shall be be preserved for not less than one year fol- paid or made good if the insured has collected lowing the termination of this policy and any the same from others. renewal thereof. H 9050 (F) 11/72 PRINTED IN U.S.A. INLAND MARINE •.v1 2141c (Ed. 4-63; MISCELLANEOUS PROPERTY FLOATER (Attach to Scheduled Property Floater Basic Policy) Attached to and forming part of Policy Number IST 8 46 28 07 issued to City of Oak Park Heights by Agents Assistance Corp. at its Agency located (city and state) Mpls • , MN Date 7 -7 -77 • 1. On the following described property of the Insured or of others in the custody or control of the Insured: $8307 on miscellaneous radio equipment 5941 on miscellaneous garden equipment * Both as per schedule on file with the company 2. THIS POLICY INSURES AGAINST DIRECT LOSS OR DAMAGE BY: All direct forms of external physical loss except as excluded hereinafter - Deductible- $100 per occurrence • • 3. THIS POLICY DOES NOT INSURE AGAINST: (a) Insect, vermin, wear and tear, gradual deterioration or inherent defect, delay or loss of market; (b) Infidelity of Insured's employees or persons to whom the insured property is entrusted, if this policy is written to include theft; (c) Loss or damage due to any process or refinishing, renovating or repairing; (d) Loss or damage due to dampness of the atmosphere or extremes of temperature; (e) Loss or damage due to carelessness or rough handling or disregard of reasonable precautions by the Insured or by the Insured's employees; (f) Mechanical breakdown, or loss or damage resulting from any electrical injury or disturbance to electrical appliances, devices or wiring from artificial causes unless fire ensues and, if fire does ensue, the Company shall be liable only for its propor- tion of loss or damage caused by such ensuing fire; (g) Loss or damage caused by or resulting from: (1) hostile or warlike action in time of peace or war, including action in hind- ering, combating or defending against an actual, impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of or illegal transportation contraband o l e I ran t n r r ga t spo at o or trade; (h) Loss if, at the time of loss or damage, there is any other insurance which would attach if this insurance had not been effected, except that this insurance shall apply only as excess, and in no event as contributing insurance, and then only after all other insurance has been exhausted; (1) Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggra- vated by the peril(s) insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. 4. This insurance covers only within the limits of the Continental United States and Canada. 5. In event of loss, the Company shall not be liable for a greater proportion thereof than the amount insured bears to the actual value of the ro er described herein at the time when such loss shall ha P P tY happen. 6. If this policy is canceled by the Insured, the Company shall retain an earned premium of not less than $ which is hereby declared to be the minimum premium for this policy �j� . 6'! t-fX.GI/t�lL.i.C� - Agent +h0 _ O+ Syn,m u 1v,s` �NSU MN( HOME MINNESOTA AMENDATORY ENDORSEMENT CoMppay' It is agreed that this policy is amended as follows: I. If Part 1 - Automobile Liability of Section II is attached to this policy, Coverage L - Uninsured Motorists is amended as follows: (a) The Other Insurance Condition does not apply to Uninsured Motorists Coverage. (b) Under the Limits of Liability Condition, sub - paragraph (2) of Section (c) and the last paragraph of Section (c) are deleted. (c) Under the second paragraph of the Coverage L - Uninsured Motorists Insuring Agreement the fol- lowing words are deleted: "with the written consent of this Company." and replaced by the following: after giving written notice to this Company. II. If the Snowmobile endorsement (H25442F 11/72) is attached to this policy Additional Exclusions (3) and (4) are deleted. III. Under Section II the last clause of Coverage F - "Medical Expense" beginning with the phrase "provided that no such payment" is amended to read as follows: "provided that no such payment shall be made unless the person to or for whom such payment is made have executed, in a form required by this Company, a written agreement that the amount of such payment shall be applied toward the settlement of any claim, or the satisfaction of any judgement for damages entered in his favor, against any Insured because of bodily injury arising out of any accident to which Coverage E applies." IV. When Sections II, III, IV or V are written the Cancellation Conditions of this policy are amended by deleting the following sentence: "The mailing of (such) notice as aforesaid shall be sufficient proof of notice ". and replaced by the following: The mailing of such notice by certified mail, with a signed return receipt shall be sufficient proof of notice. • H29143F (461.1R Nc MULTIPLE LIMITS OF LIABILITY ENDORSEMENT HOME (General Liability) coMa4NlEs INSURED City of O k Park Heights POLICY NUMBER IST 8 46 28 07 ADDITIONAL DECLARATIONS The limit of this Company's Liability is as stated hereon, subject to all the terms of this policy having reference thereto. Section Limits of Liability Coverages General Liability 11 $ 500,000 each occurrence E (1) Bodily Injury Liability $ 500,000 aggregate E (2) Property Damage Liability $ 100,000 each occurrence $ 100,000 aggregate } Contractual Liability $ 500,000 each occurrence Z (1) Contractual Bodily Injury Liability 100,000 Z (2) Contractual Property Damage $ each occurrence Liability $ 100,000 aggregate It is agreed that Section 1I of this policy is amended as follows: Insuring Agreement I— "Coverage E— Liability" of General Liability is deleted and the following substituted therefor: Coverage E (1)— Bodily Injury Liability; Coverage E (2)— Property Damage Liability: This Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of Coverage E (1)— bodily injury, or Coverage E (2)—property damage to which this insurance applies, due to an occurrence, and this Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false•or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient; but this Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of this Company's liability has been exhausted by payment of judgments or settlements. Condition 4 "Limits of Liability ", of the Conditions applicable to Sections I I and III is deleted as respects Coverages E (1), E (2) and F, and the following substituted therefor: Regardless of the number of (1) persons or organizations who are Insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, H28684F (a) under Coverage E (1) the limit of bodily injury liability stated in the Additional Declarations as applicable to "each occurrence" is the total limit of this Company's liability for all damages, including damages for care and loss of services, arising out of bodily injury as the result of any one occurrence. Subject to the above provision respecting "each occurrence ", if an aggregate limit of liability is shown in the Additional Declarations, the total limit of this Company's liability for all such damages in any one of the consecutive annual periods of the policy period (1) arising out of the Named Insured's products, (2) arising out of completed operations, shall not exceed the limit of liability stated in the Additional Declarations "aggregate ". Such aggregate limit shall apply separately with respect to (1) and 12) above; • (b) under Coverage E (2) the limit of property damage liability stated in the Additional Declarations as applicable to "each occurrence" is the total limit of this Company's liability for all damages arising out of property damage as the result of any one occurrence. Subject to the above provision respecting "each occurrence ", if an aggregate limit of liability is shown in the Additional Declarations, the total limit of this Company's liability for all such damages in any one of the consecutive annual periods of the policy period arising out of operations by the Named Insured or performed for the Named Insured by independent contractors and general supervision thereof by the Named Insured, away from premises owned by or rented to the Named Insured, shall not exceed the limit of liability stated in the Additional Declarations as "aggregate ". Such aggregate limit shall apply separately with respect to each project away from premises owned or rented by the Named Insured; (c) under Coverage E (1) and Coverage E (2), for purposes of determining the limit of this Company's liability, all bodily injury or property damage, during the policy period (i) arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence, and (ii( arising out of any related series or combination of exposures shall be considered as arising out of one occurrence; (d) under Coverage F, the limit of liability stated in the Declarations as applicable to "each person" is the limit of this Company's liability for all medical expenses incurred by or on behalf of each person who sustains bodily injury as the result of any one accident. Subject to the above provision respecting "each person ", the limit of liability stated in the Declarations as applicable to "each accident" is the total limit of this Company's liability for all medical expenses incurred by or on behalf of two or more persons who sustain bodily injury as the result of any any one accident. It is agreed that Contractual Liability Insurance is amended as follows: Insuring Agreement I— Coverage Z— "Contractual Liability" is deleted and the following substituted therefor: Coverage Z (1) Contractual Bodily Injury Liability; Coverage Z (2) Contractual Property Damage Liability: ' • t 1 This Company will pay on behalf of the Insured all sums which the Insured, by reason of contractual liability assumed by him under a contract designated in the Declarations shall become legally obligated to pay as damages because of Coverage Z 11)— bodily injury, or Coverage Z (2)— property damage bodily injury or property damage to which this insurance applies, due to an occurrence, and this Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage eveh if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient; but this Company shall not be obligated to pay any claim or judgment or to defend (1) any arbitration proceeding wherein this Company is not entitled to exercise the t nsured's rights in the choice of arbitrators and in the conduct of such proceedings, or (2) any suit after the applicable limit of this Company's liability has been exhausted by payment of judgments or settlements. Condition A "Limits of Liability" of Contractual Liability Insurance is deleted as respects Coverages Z (1) and Z (2), and the following n9 substituted therefor: Regardless of the number of (1) persons or organizations who are Insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, fa) under Coverage Z (1) the limit of bodily injury liability stated in the Additional Declarations as applicable to "each occurrence" is the total limit of this Company's liability for all damages, including damages for care and toss of services, arising out of bodily injury as the result of any one occurrence; (b) under Coverage Z (2) the limit of property damage liability stated in the Additional Declarations as applicable to "each occurrence" is the total limit of this Company's liability for all damages arising out of property damage as the result of any one occurrence. Subject to the above provision respecting "each occurrence ", the total limit of this Company's liability for all such damages in any one of the consecutive annual periods of the policy period arising out of operations by the Named Insured or performed for the Named Insured by independent contractors and general supervision thereof by the Named Insured, away from premises owned by or rented to the Named Insured, shall not exceed the limit of Liability stated in the Additional Declarations as "aggregate ". Such aggregate limit shall apply separately with respect to each project away from premises owned or rented by the Named Insured; (c) under Coverage Z (1) and Coverage Z (2), for purposes of determining the limit of this Company's liability, all bodily injury or property damage, during the policy period 1i) arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence, and (ii) arising out of any related series or combination of exposures shall be considered as arising out of one occurrence. PERSONAL INJURY LIABILITY ENDORSEMENT vNSUR A NCE HOME. C OMPANIE S INSURED City of Oak Park Heights POLICY NUMBER IST 8 46 28 S f is is agreed that Section 11 of this policy is amended as follows: ADDITIONAL DECLARATIONS The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses as are indicated by an "x ". SCHEDULE of Groups o Off enses A. False Arrest, Detention or Imprisonment, or Malicious Prosecution n B. Libel, Slander, Defamation or Violation of Right of Privacy tt C. Wrongful Entry or Eviction nr Other Invasion of Right of Private Occupancy 0 Exclusion "C ". does not apply LIMIT OF LIABILITY $ 500 � 000 aggregate Insured's Participation 0 This Company agrees with the Named Insured, in consideration of the payment of the premium, sub to the provisions of Section II of this P Y 9 P Y P subject P Po Y. expressly policy, not ex ressl modified herein, as follows: INSURING AGREEMENTS 1. Personal Injury Liability: This Company will on behalf of the Insured all sums which the Insured shall become legally obligated to as damages because of injury hsCo pan y pay 9 Y pay PY 9 (herein called "personal injury ") arising out of one or more of the following offenses: • Group A —false arrest, detention or imprisonment, or malicious prosecution; Group 8 —the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy; except publications or utterances in the course of or related to advertising broadcasting or telecasting activities conducted by or on behalf of the Named Insured: Group C— wrongful entry or eviction, or other invasion of the right of private occupancy; if such offense is committed during the policy period within the United States of America, its territories or possessions, or Canada, and this Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such personal injury even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but this Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of this Company's liability has been exhausted by payment of judgments or settlements. Y 1 9 I1. Definition of "Insured ": With respect to the insurance afforded under this endorsement the unqualified word "Insured" includes each of the following to the extent set forth below: (a) if the Named Insured is designated in the Declarations as an individual, the person so designated and his spouse; (b) if the Named Insured is designated in the Declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the Named Insured is designated in the Declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; This insurance does not apply to personal injury arising out of the conduct of any partnership or joint venture of which the Insured is a partner or member and which is not designated in this policy as a Named Insured. EXCLUSIONS The "EXCLUSIONS" of Section 11 are deleted with respect to insurance afforded under this endorsement and the following substituted therefor: This insurance does not apply: (a) to liability assumed by the Insured under any contract or agreement; (b) to personal injury arising out of the willful violation of a penal statue or ordinance committed by or with the knowledge or consent of any Insured; (c) to personal injury sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the Named Insured; . (d) to personal injury arising out of any publication or utterance described in Group 8, if the first injurious publication or utterance of the same or similar material by or on behalf of the Named Insured was made prior to the effective date of this insurance; (e) to personal injury arising out of a publication or utterance described in Group 8 concerning any organization or business enterprise, or its products or services, made by or at the direction of any Insured with knowledge of the falsity thereof. H26629F 11/75 CONDITIONS The Conditions applicable to Section II apply to insurance hereunder with the following exception: The following Additional Condition is added hereunder: Limits of Liability — insured's Participation: Regardless of the number (4) Insureds under this policy, (2) persons or organizations who sustain personal injury, or (3) claims made or suits brought on account of personal injury, the total liability of this Company for all damages in any one of the consecutive annual periods of the policy period because of all personal injury to which this coverage applies, shalt not exceed the limit of personal injury liability stated in the Declarations as "aggregate ". If a participation percentage is stated in the Schedule for the Insured, this Company shall not be liable for a greater proportion of any loss than the difference between such percentage and one hundred percent and the balance of the loss snail be borne by the Insured; provided, this Company may pay the Insured's portion of a loss to effect settlement of the loss, and upon notification of the action taken, the Named Insured shall promptly reimburse this Company therefor. ;The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY >c :_:`•:?iq:= ::ia�ri :: ::_s3 L 9106 6 106 (Ed. 10 -66) ADDITIONAL INSURED (Employees) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE STOREKEEPER'S INSURANCE P rcnnal n Liabi l i tv This endorsement, effective , forms a part of policy No. (12:01 A. M., standard time) issued to by „").a, Authorized Representative It is agreed that the "Persons Insured" provision is amended to include any elm , yee of the named insured while acting within the scope of his duties as such, but the insurance afforded to such employee does not apply: 1. to bodily injury to (a) another employee of the named insured arising out of or in the course of his employment or (b) the named insured or. if the named insured is a partnership or joint venture, any partner or member thereof; 2. to property damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by (a) another employee of the named insured or (b) the named insured, or, if the named insured is a partnership or joint venture, any partner or member thereof. °AUTHENTICD • ➢ I osuRANC CONTRACTUAL LIABILITY INSURANCE HOME ILIMITED FORM) COMPAtaS INSURED City of Oak Park Heights POLICY NUMBER IST 8 46 28 07 - It is agreed that Section II of this policy is amended as follows: ADDITIONAL DECLARATIONS Insurance is afforded hereunder, for not exceeding the Limits of Liability specified herein, subject to all the terms of this endorsement and this policy having reference thereto. 1 ` Coverage Limits of Liability Z. Contractual Liability $ see Q/• each occurrence 1 H28684F aggregate Designation of Contracts Covered: All written contracts between the Insured and others relating to the business of the Insured as stated in the declaration with the exception of: 1 Any written agreements written elsewhere in this policy. 2 Any written agreements with railroads other than sidetrack. 3 Any written agreements pertaining to aircraft operations, maintenance or repairs. 4) Any written agreements entered into with any labor unions. 5) Any other contract excluded in this policy. The following exclusions do not apply: This Company agrees with the Insured in consideration of the payment of the premium and subject to the provisions of Section II of this policy not expressly modified herein, as follows: INSURING AGREEMENTS 1. Coverage Z— Contractual Liability: This Company will pay on the Named Insured and each of the following to the extent in- behalf of the Insured all sums which the Insured, by reason of dicated: contractual liability assumed by him under a contract designated (a) if the Named Insured is designated in the Declarations os an in the Additional Declarations shall become legally obligated to individual, the person so designated and his spouse; pay as damages because of bodily injury or property damage to lb) if the Named Insured is designated in the Declarations as a which this insurance applies, due to an occurrence, except the lia- partnership or joint venture, the partnership or joint venture bility of the indemnitee resulting from his sole negligence and this so designated and any partner or member thereof but only Company shall have the right and duty to defend any suit against with respect to his liability as such; the Insured seeking damages on account of such bodily injury or (c) if the Named Insured is designated in the Declarations as property damage, even if any of the allegations of the suit are • groundless, fair, or fraudulent, and may make such investigation other than an individual, partnership or joint venture, the c and settlement of any claim or suit as it deems expedient; but organization so designated and any executive officer, director this Company shall not be obligated to pay arty claim or judg- or stockholder thereof while acting within the scope of his ment or to defend duties as such. 111 any orbitration proceeding wherein this Company is not en- Iv. Additional Definitions: The following additional definitions op- .—, titled to exercise the Insured's rights in the choice of arbitra- Ply with respect to insurance afforded under this endorsement: tors and in the conduct of such proceedings, or 121 any suit after the applicable limit of this Company's liability "contractual liability" means liability expressly assumed under has been exhausted by payment of judgments or settlements. a written contract or agreement; provided, however, that contrac- tual liability shall not be construed as including liability under a warranty of the fitness or quality of the Named Insured's products 11. Supplementary Payments: The Supplementary Payments agree- or a warranty that work performed by or on behalf of the Named ment of Section 11 applies to insurance afforded hereunder. Insured will be done in a workmanlike manner; "suit" includes an arbitration proceeding to which the Insured is III. Definition of "Insured ": With respect to insurance afforded required to submit or to which the Insured has submitted with under this endorsement the unqualified word "Insured" includes this Company's consent. H 26229E � a EXCLUSIONS The "General Nuclear Energy Exclusions" applicable to Section II apply hereunder. The other "EXCLUSIONS" of Section II are deleted and the following substituted therefor, with respect to insurance afforded under this endorsement. This insurance does not apply: (a) if the Insured or his indemnitee is an architect, engineer or sur- or out of materials, parts or equipment furnished in connection _ veyor, to bodily injury or property damage arising out of the ren- therewith; dering of or failure to render professional services by such Insured or indemnitee, including (h) to loss of use of tangible property which has not been physically (1) the preparation or approval of maps, plans, opinions, reports, injured or destroyed resulting from surveys, designs or specifications and (1) a delay in or lack of performance by or on behalf of the Named 121 supervisory, inspection or engineering services; Insured of any contract or agreement, or (2) the failure of the Named Insured's products or work performed (b) to bodily injury or property damage due to war, whether or not by or on behalf of the Named Insured to meet the level of declared, civil war, insurrection, rebellion or revolution or to any performance, quality, fitness or durability warranted or repre- act or condition incident to any of the foregoing; rented by the Named Insured; but this exclusion does not apply to loss of use of other tangible (cl to bodily injury or property damage for which the indemnitee may property resulting from the sudden and accidental physical injury be held liable to or destruction of the Named Insured's products or work performed (1) as a person or organization engaged in the business of manu- by or on behalf of the Named Insured after such products or work facturing, distributing, selling or serving alcoholic beverages, or have been put to use by any person or organization. other than (2) if not so engaged, as an owner or lessor 'of premises used for an Insured; such purposes, (i) to damages claimed for the withdrawal, inspection, repair, re- if such liability imposed by, or because-of the violation of, an placement, or loss of use of the Named Insured's products or work y P (i } y' y . , : .. • .. completed by or. fog` "the Named Insured or of any property of statute, ordinance o'r regulafiion,perth' e. fo the sale,'gift, disthe whi such products or work form a part, if such products work or , bution or use •of.any- alcoholic bevera or beverage earon-of the.'• property are withdrawn ' from the market of from ufe because - Of selling, serving or giving of any alcoholic beverage to a minor or ;any known. of suspected defect or deficiency therein to a person under the influence of alcohol or which causes or con- tributes to the intoxication of any person but part (ii) of this (j) to bodil in dama a arisin out of the ownershi exclusion does not apply with respect•to liability of the indemnitee., Y 1 y p . tY g g p' „ r.._ maintenande,'.Operation, use;, loading. or_ Lm oadmg of any mobile as on owner or lessor described in (2) above; 'equipment- while .bein used in. any prearran d or or onize •racing, "speed•or de`rnolitibn contest or in any'stLrtting activity or in (d) to any obligation ttorryrhrc6'3he •Insured or, earner as :his lir- .practice o[ preparatibr{ for :any 'such. contestor" act[vi.ty surer may be held liable under any workmen's compensation, un- -- employment compensation or disability benefits low, or under (k) to bodily injury•or' property damagearising out of 'the discharge, , any similar low; _;,, ^:__t; C �, : 3_ : 1 C;i disperioi;;•release :oc escape offsmoke, vciPol:st'soot,• fumes, :acidi, . - , ., -,. alkalis,-toxic ; chemicals, liquids pr.gases,�waste materials•or other „ (e) to any obligation for which the Insured may be heldiiabre in ah irritants; contaminants'or'pollutants into-Or upon land, the atmos- action on a contract by a third party beneficiary for bodily injury phere or any watercourse or body of water but this exclusion does or property damage arising out of a project for a public authority; not apply if such discharge, dispersal, release or escape is neither but this exclusion does not apply to on action by the public authority expected nor intended by the Insured or any other person or organization engaged in the project Unless stated in the Additional Declarations as not applicable, the fol- (f) to property damage to lowing exclusions also apply to contractual liability assumed by the Insured under any agreement. (1) property owned or occupied by or rented to the insured, (2) property used by the Insured, or This insurance does net apply: (3) property in the core, custody or control of the Insured or as to (1) to liability assumed by the Insured under any insured contract; which the Insured is for any purpose exercising physical control; (m) to bodily injury or property damage arising out of construction, (g) to property damage to (1) the Named Insured's products arising maintenance or repair of watercraft or loading or unloading there - out of such rod Cutts or any part of such of; p products, (2) premises alienated by the Named Insured arising out of such premises or (n) to bodily injury or property damage arising out of operations, any part thereof, or (3) work performed by or on behalf of the within fifty feet of any railroad property, affecting any railroad Named Insured arising out of such work or any portion thereof, bridge or trestle, tracks, road beds, tunnel, underpass or crossing. CONDITIONS The Conditions applicable to Section II apply to insurance hereunder with the following exceptions: A. The "Limits of Liability" Condition is deleted and the following of all property damage to which this coverage applies shall substituted therefor: not exceed the limit of liability stated in the Additional Declar- ations as "aggregate ". Such aggregate limit of liability Limits of Liability. Regardless of the number of (1) persons or • organizations who are Insureds under this policy, applies separately with respect to each project away from or 9 p cy, (2) persons premises owned by or rented to the Named Insured; or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury Id for the purpose of determining the limit of this Company's or property damage, liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the some (a) under Coverage Z, the limit of liability stated in the Additional general conditions shall be considered as arising out of one Declarations as applicable to "each occurrence" is the total occurrence. liability of this Company for all damages as the result of any one occurrence; B. The following Additional Condition is added hereunder: (b) subject to the above provision respecting "each occurrence ", Arbitration. This Company shall be entitled to exercise all of the the total liability of this Compony for all damages in any one Insured's rights in the choice of arbitrators and in the conduct of the consecutive annual periods of the policy period because of any arbitration proceeding. • €/. COMBINED LIMITS OF LIABILITY • - It is ogreed that Section U of this policy is amended as follows: • Such insurance os is afforded by this policy under Coverages E and Z applies subject to the following provision: Bodily Injury or Property Damage As respects Coverages E and Z combined, the total limit of this Company's nobility for bodily injury or property damage shall not exceed the Limits of Liability for Coverage Z stated in the Additicnal Declorations for Contractual Liability Insurance. • • • • • • • • • • • • • • • • ( r'" H 25490 (F) 11/72 IN SURA NC E HOME NON- PREMIUM ENDORSEMENT commas Endorsement No. issued by - (Type in full name of Insuring Company) The Home Insurance Company POLICY NUMBER NAMED INSURED IST 8 46 28 07 City of Oak Park Heights EFFECTIVE DATE ANC TIME OF ENDORSEMENT DATE PREPARED 7-7-77 9- 8 -77LH PRODUCER PRODUCER NO. -OPC Agents Assistance Corporation 10382-351 It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. SPECIAL EVENTS EXCLUSION In consideration of the premium charged, it is hereby understood and agreed that Section II of this policy excludes: 1. Bodily Injury, Property Damage or Medical Payments arising out of: (a Automobile, snowmobile or motorcycle racing or stunting. (b Rodeos (c Fireworks exhibitions or displays 2. to Bodily Injury or Medical Payments to,.any person while practicing for or participating in arV_ or exhibition of an athletic or sports nature. G ATURE OF AUTHORIZED REPRESENTATIVE H 22300 (FH) 7/73 (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the po)icy.) ".. LIABILITY L 9488 (Ed. 1-73) Adv. 3007 INCIDENTAL MALPRACTICE COVERAGE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE his endorsement, effective , forms a part of policy No. IST 8 46 28 07 (12:01 A. M., standard time) ;sued to Authorized Representative It is agreed that: 1. The definition of "bodily injury" is amended to include injury arising out of the rendering of or failure to render professional services by any physi• cian, dentist or nurse while employed by the named insured to provide such services; 2. Exclusion (1) does not apply to injury to the emotions or reputation of a person arising out of the rendering of such services. NTH E NTICU • • - - : ' P -- (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) • • _. LIABILITY L 9153 G 316 (Ed. 7 -66) EXCLUSION (Malpractice and Professional Services) (Form C) • This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective , forms a part of policy No. IST 8 46 28 07 (12,01 A. M., standard time) issued to by • 7 � Authorized Representative Description of Operations: All operations except as covered under L9488 • It is agreed that with respect to any operation described above or designated in the policy as subject to this endorsement, the insurance does not apply - to bodily injury or property damage due to the rendering of or failure to render any professional service. IT B AUTH E NTICO i • . a r 4 J 70 E .. ` J • • • • • • • • • • The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY G301 L 913 EXCLUSION (Ed. 7 - 56 (All Hazards in Connection with Designated Premises) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective (12:01 A. M., standard time) forms a part of policy No. IST 8 46 28 07 issued to by ) Description and location of premises: Authorized Representative Any airport owned or operated by the Insured. It is agreed that the insurance does not apply to bodily injury or property damage arising out of (a) the ownership, maintenance or use of the premises designated in this endorsement or of any property located thereon (b) operations on such premises or elsewhere which are necessary or incidental to the ownership, maintenance or use of such premises or (c) goods or products manufactured at or distributed from such premises- - I AUTHENTf f . ~>a .r nv • , : :7 7 • . _ , 3 • '1! ; . Cf L71 I ; , • ; • - - ; • • -1.• • 2. This ins does not aoly: (a) to injury, sickness, disease, death or destruction caused by or at the direction o the insured, or (b) to the sale, or dispensing for a consideration. 3f ay Alcoholic Beverage. t:"Th • The Limits of the Company's Liability under this endorsement are: • (a) Bodily Injury Liability each person (b) Liability for means cf each occur support (c) Prope7-ty Dam Liability each occurrencr * 3500,000 Combined Single Limit GNL 5f.,11 tr1:1•6"; osuRANC HOME coMPA as WAIVER OF IMMUNITY ENDORSEMENT It is agreed that in any claim or suit for damages covered by the policy, this Company will not, except upon written request of the Named Insured by its duly authorized officer, deny liability of the Insured through the use of the defense of the Named Insured's immunity from suit. H 9378 (F) 11/72 N NSURANCE HOME C OMPAN)F - RIOT, CIVIL COMMOTION AND MOB ACTION EXCLUSION It is agreed that Section 11 does not apply to bodily injury or property damage arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention or suppression of any of the foregoing. H 22742 (F) 11/72 • (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) ,BILITY L 9163 G 326 (Ed. 7 -66) EXCLUSION (Volunteer Firemen) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE s endorsement, effective , forms a part of policy No. (12:01 A. M., standard time) ied to C Authorized Representative s agreed that the insurance does not apply to bodily injury to any volunteer fireman, whether or not a member of the named insured's organization, ile in the course of his duties as such. AUTHENTICU (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY — AUTOMOBILE GU 8624 A 0016 -G 614 (Ed. 9 VEHICLES OWNED OR LEASED BY PUBLIC BODIES This endorsement, effective forms a part of policy No. (12:01 A. M., standard time) issued to by Mk " Authorized Representative It is agreed that any land motor vehicle, trailer or semitrailer designed for travel o biic roads (including any machinery or apparatus attached thereto) owned or leased by the named insured shall be deemed an automobile and not mob a equipment if the sole reasons for considering it mobile equipment are either or both of the following: (1) that it is exempt from motor vehicle registration because the named insured is a public body not subject to the registration requirements applicable to private persons or organizations or (2) that it is maintained for use exclusively on streets or highways owned by the named insured. f�Dt 0SURA HOME C OMPAta SCHEDULED EMPLOYEE DISHONESTY ENDORSEMENT • Name or Position ADDITIONAL. DECLARATIONS Name of Insured .... City .. Qf.._ Oak ...Park lie .ghts SCHEDULE OF COVERAGE ITEM EFFECTIVE NO. DATE NAMES OR POSITIONS LOCATION AMOUNT 1 7 - 7-77 Clerk - Treasurer Oak Park Heights 50,000 MN 2 7 - - Deputy Clerk Treasurer Oak Park Heights 50,000 MN It is agreed that Section Ili of this policy applies subject to the following provisions: INSURING AGREEMENT Thii Company, in consideration of the payment of the premium, tained herein, or hereafter added to the Schedule by this Com- and subject to the Declarations made a part hereof, the General pany's written acceptance, whether acting alone or in collusion Agreements, Conditions and Limitations and other terms of this with others. Bond or riders attached hereto, agrees to indemnify the Insured for all loss of money or other property, including property of The amount of indemnity on each name or position shall be effec- others for which the Insured is legally liable, through any fraud- tive as of noon, Standard Time, at the address of the Insured, on ulent or dishonest act or acts committed by any person named the date and shall not exceed the amount, respectively, set op- or occupying a position listed in the Schedule of Coverage con- posite the names or positions indicated herein. H 9382 (F) REV. 11/72 GENERAL AGREEMENTS TEMPORARY AUTOMATIC INSURANCE or unless notice of loss has been given within that time the ' A. Coverage is given for a period not to exceed 90 days, without coverage shall be void from the beginning. notice to this Company; : JOINT INSURED (o) on Name Schedule Form —for any person who is not named in the Schedule but succeeds within 30 days to a B. If more than one corporation, co- partnership or person be in- position left vacant by a person who is named in the eluded as the Insured herein, the total liability of this Com- Schedule, in the same amount as his predecessor. pany hereunder for loss or losses sustained by one or more or all of them shall not exceed the amount for which this Com- (b) on Position Schedule Form — (1) for any person enter- pany would be liable hereunder if all such loss were sustained ing a position listed in the Schedule which is already by any one of them, and the one first named herein shall be occupied by the number of persons shown in the Sched- deemed authorized to make, adjust, receive and enforce pay - ule, in like amount, or ( II ) for any person entering- a _ ment of all claims hereunder and shall be deemed to be the newly created position not shown in the Schedule, in the agent of the others for such purposes and for the giving or amount of One Thousand ($1,000.00) Dollars. receiving of any notice required or permitted to be given by the terms hereof, and this Company shall not be responsible Unless such person or position is added to the Schedule of Cover- for the proper application of any payment made hereunder to age by this Company's written acceptance within such 90 days said first nomed Insured. THE FOREGOING INSURING AGREEMENT AND GENERAL AGREEMENTS ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: DISCOVERY PER-10D . it) discovery by the Insured of any act of a.person named or occupying a position listed in the•Schedule of Coveroge Section 1 . The coverage provided herein shall apply only to which is or could be made the basis of a claim. loss which shall be discovered during, the term of this coverage _ as to the person or position. covered, co within-thirty-six months -. The coverage on any person or position maybe- COncelled at noon after the termination of this coverage as to the person or position upon the effective dote specified in a written notice served by covered except that in event coverage is decreased on any the Insured upon this Company, or by this Company upon the ' person or position, the loss, as to the cancelled portion, must be Insured, or sent by mail. Such date, if the notice be served by this discovered within thirty -six months after such decrease. Company, shall be not less than thirty days after such service, or, if sent by moil, not less than thirty-five days after the date of NOTICE —PROOF OF LOSS mailing. This Company shall, on demand, refund the unearned premium on each item, except that said premium shall be fully Section 2. The Insured shall notify this Company in writing as earned on any person under whose Bond claim has been made. soon as possible, but in any event within fifteen days after dis- , covery, of any loss or of any occurrence which may give rise to a LIMITS OF LIABILITY claim and shall file with this Company itemized proof of loss, Section 5. Each person shall be covered hereunder for the duly sworn to, within three months after such discovery. No suit amount set opposite the name of such person or the title of such to recover on account of loss under this Bond shall be brought until ninety days otter proof of loss as required herein shall hove position in the Schedule of Coverage but said amount may be in- been furnished nor at all unless commenced within two years from creased or decreased by written request of the Insured and agreed the date upon which the loss was discovered by the Insured. Any to in writing by this Company. If the amount of coverage on any of these limitations, if prohibited under low applicable to this such person or any such position be for different amounts, the Bond, shall be extended to the minimum period permitted. maximum liability for all defaults of such person or any person occupying such position, shall not exceed the largest amount of coverage in force thereon in any period in which default shall RECOVERY have occurred and the coverage for one period shall not be avail- able for defaults occurring in any other period. Regardless of the Section 3. In the event the Insured shall sustain any loss or number of years such coverage shall continue, and of the number losses covered by this Bond which exceed the amount of coverage of premiums paid or payable, this Company's liability shall not provided by this Bond, the Insured shall, until fully reimbursed, be be cumulative from year to year, or from period to period. entitled to all recoveries on account of that loss, less the actual expense of making same. This Company shall be entitled to the In the event the Bond is executed on the Position Form, the Ha- entire proceeds of reinsurance, collateral or third party indemnity bility of this Company for any person occupying more than one token by this Company for its own benefit. position at one time, or at different times, shalt not exceed the largest amount of coverage specified for any position occupied CANCELLATION AS TO ANY EMPLOYEE by said person, nor shall the liability of this Company exceed the amount of coverage in effect on such position when the fraud - Section 4. The coverage on each person named or occupying a ulent or dishonest act or acts of such person shall have occurred. position listed in the Schedule of Coverage is cancelled by: In the event there are more persons occupying a position listed in the Schedule of Coverage or added thereto by this Company's (a) termination of such position or the employment of such written acceptance than are listed therein as occupying such posi- person; tion, this Company shall be liable only for such proportion of the amount of coverage as the number of persons listed as occupying (b) omission of the person or position from any Anniversary such position bears to the number of persons actually occupying List that may be attached at anniversary date; such position when the Toss occurred. The Changes, Declarations and Cancellation Conditions apply to the insurance under this endorsement. • o stIRANc, HOME PUBLIC EMPLOYEES ENDORSEMENT Blanket Bond ADDITIONAL DECLARATIONS Name of Obligee City of Oak Park Height's Name of Insured City of Oak ...Park .-Heights Table of Limits of Liability Insuring Agreement 1 Honesty Blanket Bond Coverage $ Insuring Agreement 2 Honesty Blanket Position Bond Coverage $ Insuring Agreement 3 Faithful Performance Blanket Bond Coverage $ 50 t 000 Insuring Agreement 4 Faithful Performance Blanket Position Bond Coverage $ It is agreed that Section III of this policy applies subject to the following provisions: This Surety, in consideration of the payment of the premium, and subject to the Declarations mode a port hereof, the General Agree- ment, Conditions and Limitations and other terms of this Bond, agrees, in accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of indemnity in the Table of Limits of Liability to indemnify the Obligee for the use and benefit of the Insured for: INSURING AGREEMENTS HONESTY BLANKET BOND COVERAGE FAITHFUL PERFORMANCE BLANKET BOND COVERAGE 1. Loss sustained by the Insured through any fraudulent or dis- 3. Loss caused to the Insured through the failure of any of the honest act or acts committed by any of the employees, acting employees, acting alone or in collusion with others, to perform alone or in collusion with others, during the Bond Period, to on faithfully his duties or to account properly for all monies and amount not exceeding in the aggregate the amount stated in the property received by virtue of his position or employment during Table of Limits of Liability applicable to this Insuring Agree- the Bond Period to an amount not exceeding in the aggregate the ment 1. amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 3. FAITHFUL PERFORMANCE BLANKET POSITION BOND COVERAGE HONESTY BLANKET POSITION BOND COVERAGE 4. Loss caused to the Insured through the failure of any of the 2. Loss sustained by the Insured through any fraudulent or dis- employees, acting alone or in collusion with others, to perform honest act or acts committed by any of the employees acting faithfully his duties or to account properly for all monies and alone or in collusion with others, during the Bond Period, the property received by virtue of his position or employment during amount of indemnity on each of such employees being the amount the Bond Period, the amount of indemnity on each of such em- stated in the Table of Limits of Liability applicable to this Insur- ployees being the amount stated in the Table of Limits of Liability ing Agreement 2. applicable to this Insuring Agreement 4. GENERAL AGREEMENT LOSS UNDER PRIOR BOND OR POLICY erage afforded by the opplicoble insuring Agreement of If the covers a of an lnsurin this Bond; and g ri Agreement of d this by a is - stituted for any prior bond carried by the Insure (2) such loss would have been covered under such Insuring Insured or by any pred- 9 ecessor in interest of the Insured which prior bond is terminated, Agreement had such Insuring Agreement with its agree- cancelled or allowed to expire as of the time of such substitution, ments, conditions and limitations as of the time of such this Surety agrees that such Insuring Agreement applies to loss substitution been in force when the acts or defaults sustained by, or caused to, the Insured, as the case may be, prior causing such loss were committed; and to or during the Bond Period, provided that such loss is discovered (3) recovery under such Insuring Agreement on account of after the beginning of the Bond Period and prior to the expiration such loss shall in no event exceed the amount which of three years from the cancellation of this Bond as an entirety would have been recoverable under such Insuring Agree - ond that such loss would have been recoverable by the Insured or ment in the amount for which it is written os of the time such predecessor under such prior bond except for the fact that of such substitution, hod such Insuring Agreement been the time within which to bring suit, action or proceeding of any in force when such acts or defaults were committed, or kind thereunder had expired, and provided further: the amount which would have been recoverable under such prior bond hod such prior bond continued in force (1) the indemnity afforded by this General Agreement shall until the discovery of such loss if the latter amount be' be o port of and not in addition to the amount of cov- smaller. H 9383 (F) 11/72 $ THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: DEFINITIONS Regardless of the number of years this Bond shall continue in force and the number of premiums which shall be payable or Section 1. The following terms, as used in this Bond, shall paid, the limit of this Surety's liability as specified in the Table of have the respective meanings stated in this Section: Limit of Liability shall not be cumulative from ab ty s a t b c t e f om year to year or "Employee" as used in Insuring Agreements 1 and 2 means a period to period. person while in the employ of the Insured during the Bond LIMIT OF LIABILITY UNDER THIS BOND Period who is not required by law to give bond conditioned for the faithful performance of his duties and who is a mem- AND ANY PRIOR BOND ber of the staff or personnel of the Insured but does not mean Section 5. With respect to loss under Insuring Agreement 1 any Treasurer or Tax Collector by whatever title known. or 3 caused by any employee or in which such employee is con - "Employee" as used in Insuring Agreements 3 and 4 means a cerned or implicated or which is chargeable to such employee os person while in the employ of the Insured during the Bond provided in Section 2 of this Bond and with respect to loss under Period who is not required by low to furnish an Individual Insuring Agreement 2 or 4 caused by any employee or which is Bond to qualify for office and who is a member of the staff _ chargeable to such employee as provided in Section 2 of this Bond or personnel of the Insured but does not mean any Treasurer and with respect to loss under any Insuring Agreement which or Tax Collector by whatever title known. occurs portly during the Bond Period and partly during the period of other bonds issued by this Surety to the Insured or to any UNIDENTIFIABLE EMPLOYEE predecessor in interest of the Insured and terminated or can - ed to have been caused to the celled or allowed to expire and in which the period specified Section 2. In case a loss is alleged therein for bringing suit, action or proceeding of any kind, or if Insured through acts or defaults by an employee covered under an no such period is specified therein, then within the period pre - applicable Insuring Agreement of this Bond, while such Insuring scribed by the applicable statute of limitations, has not expired f Agreement is in full force and effect and the Insured shall be at the time such loss thereunder is discovered, the total liability unable to designate the specific employee causing such loss, the of this Surety under this Bond and under such other bonds shall Insured shall nevertheless hove the benefit of such Insuring not exceed, in the aggregate, the amount carried under the op- Agreement provided that the evidence submitted reasonably plicable Insuring Agreement of this Bond on such loss or the establishes that the Toss was in fact caused by such employee amount available to the Insured under such other bonds, as through such acts or defaults and provided, further, that regard- limited by the terms and conditions thereof, for any such loss if less of the number of such employees concerned or implicated in the latter amount be larger. such loss, the aggregate liability of this Surety for any such loss shall not exceed the amount stated in the Declarations applicable CANCELLATION AS TO ANY EMPLOYEE to such Insuring Agreement. reement. Section 6. This Bond shall be deemed cancelled as to any EXCLUSION employee: Section 3. This Bond does not cover any loss sustained by, or (al Immediately upon discovery by the Obligee or the Insured caused to, the Insured under circumstances whereby and to the co constitute act liability the part of such employee which would amount which the Obligee or the Insured voluntarily undertakes Insuring Agreement ni en t of this Surety the applicable or is obligated by low to exonerate or indemnify any of the em- Ig g le covering such employee; ee; ployees against liability incurred by them in the performance of lb) Upon the death, resignation or removal of such em- their duties. ployee; or LIMITS OF LIABILITY (c) At 12 o'clock night upon the effective date specified in Section 4. Indemnification by this Surety for any loss a written notice mailed to the Obligee and the Insured. ss Insuring Agreement 1 or 3 shall not reduce this Surety's liability Such date shall m not less than thirty-days after the date of re for other losses under the applicable Insuring Agreement, when- said t to the The he ice.igee ag mailing by the Insured Surety sh r -dty nll b notice ere s sufficient ever sustained; provided, however, that this Surety's total lia- proof this t proof of notice. Delivery of succh h written noti ce by y this bility under each such Insuring Agreement for any loss caused by Surety shall be equivalent to moiling. any employee or in which such employee is concerned or impli- cated is limited to the applicable amount of indemnity specified LEGAL PROCEEDINGS in the Table of Limits of Liability. Section 7. No suit, action or proceeding of any kind to recover Indemnification by this Surety for any loss under Insuring Agree- on account of Toss under this Bond shall be brought after the ment 2 or 4 shall not reduce this Surety's liability for other losses expiration of three ears from the cancellation a P Y t n f this Bond as an under the applicable Insuring Agreement, whenever sustained; entirety provided, however, that if such limitation for bringing provided, however, this Surety's total liability under each such suit, action or proceeding is prohibited or made void by any low Insuring Agreement as to each employee is limited to the ap- controlling the construction of this Bond, such limitation shall be plicable amount of indemnity specified in the Toble of Limits of deemed to be amended so as to be equal to the minimum period Liability. of the limitation permitted by such law. The Changes, Declarations and Cancellation Conditions apply to the insurance under this endorsement. SCHOOL SYSTEM RIDER When o school district or board of education is covered as insured or is included as a subordinate unit of the Insured it is agreed that this Bond is amended as follows: 1. "Employee" as defined in the attached bond sholl also be (a) to any member of the staff or personnel of the Insured, deemed to include any student enrolled in a school under the other than the Treasurer, by whatever title known, of the jurisdiction of the Insured while handling or having possession of Insured, if the Insured is a school district or board of property or funds in connection with student activities or while education, however named; or handling or having possession of United States Savings Bonds or (b) to any member of the staff or personnel of the board of Stamps or funds in connection with the purchase or sale of such education, by whatever title known, of the Insured, Bonds or Stomps. other than the Treasurer, by whatever title known, of 2. Any loss of such property, funds, Bonds or Stamps through such board, if such board is covered under the attached any act or default covered by such of the Insuring Agreements of bond os o subordinate unit of the Insured; or the attached bond as are in full force and effect and committed (c) to any student enrolled in any school under the jurisdic- by any employee shall be deemed to be a Toss sustained by, or lion of the Insured; and caused to, the Insured under such applicable Insuring Agreement, whether or not the Insured is legally liable therefor. in any event while such members, personnel or students handle 3. The reference to "Treasurer" in the definition of the word or hove possession of such property, funds, Bonds or Stamps as "employee" as contained in the attached bond shall not apply: aforesaid. 4 OSU(iANC BURGLARY MULTI - PURPOSE ENDORSEMENT HOME COMPANIE It is agreed that Section III of this policy when completed by this endorsement and the form or forms indicated herein and attached hereto applies, subject to the following provisions: DESIGNATION OF FORM NOS. B7127 The Insuring Agreements and any Special Provisions are contained in the separate Form or Forms issued to complete this endorsement. EXCLUSIONS This insurance does not apply: (a) to loss due to war, whether or not declared, civil war, insur- working or otherwise and whether acting alone or in collu- rection, rebellion or revolution, or to any act or condition sion with others; incident to any of the foregoing; (c) to loss occurring during a fire in the premises; (b) to loss due to any fraudulent, dishonest or criminal act by (d) to loss due to nuclear reaction, nuclear radiation or radio- any Insured, a partner therein, or an officer, employee, active contamination, or to any act or condition incident tc director, trustee or authorized representative thereof, while any of the foregoing. SPECIAL PROVISIONS I . Policy Period, Territory. Condition 1, Application of Policy is erty as determined and recorded by the Insured when mak- amended as follows: This policy applies only to loss which ing the advance or loon, nor, in the absence of such record, occurs during the policy period within any of the States of the unpaid portion of the advance or loan plus accrued in- the United States of America, the District of Columbia, test thereon at legal rates. Alaska, Hawaii, Virgin Islands, Puerto Rico, Canol Zone or The applicable limit of liability stated in the Declarations is Canada. the total limit of this Company's liability with respect to all loss of property of one or more persons or organizations 2. Ownership of Property; Interests Covered. The insured prop- arising out of any one occurrence. All loss incidental to an erty may be owned by the Insured, or held by the Insured actual or attempted fraudulent, dishonest or criminal act or in any capacity whether or not the Insured is liable for the series of related acts at the premises, whether committed by loss thereof, or moy be property as respects which the In- one or more persons, shall be deemed to arise out of one sured is legally liable; provided, the insurance applies only occurrence. to the interest of the Insured in such property, including the This Company may pay for the loss in money or may repair lnsured's liability to others, and does not apply to the inter- or replace the property and may settle any claim for loss of est of any other person or organizotion in any of said prop- property either with the Insured or the owner thereof. Any erty unless included in the Insured's proof of loss. property so paid for or replaced shall become the property 3. Books and Records. The Insured shall keep records of all the of this Company. Any property recovered after settlement insured property in such manner that this Company can in a loss g such be c oved firt to b lan e a of the parties accurately determine therefrom the amount of loss. in making such recove with b balance applied as if the recovery had been made prior to said settlement, and loss readjusted accordingly. The Insured or this Company, upon 4. Limits of Liability; Settlement Options. The limit of this recovery of any such property, shall give notice thereof as Company's liability for loss shall not exceed the applicable soon as practicable to the other. limit of liability stated in the Declarations, nor what it would cost at the time of loss to repair or replace the prop- 5. Other Insurance. Condition 5, Other Insurance is amended erty with other of like kind and quality, nor as respects as follows: If there is any other valid and collectible insur- securities the actual cash value thereof at the close of busi- once which would apply in the absence of this policy, the in- ness on the business day next preceding the day on which surance under this endorsement shall apply only as excess the loss was discovered, nor as respects other property the insurance over such other insurance; provided, the insurance actual cash value thereof at the time of loss; provided, how- shall not apply (a) to property which is separately described ever, the actual cash value of such other property held by and enumerated and specifically insured in whole or in part the Insured as a pledge, or as collateral for on advance or a by any other insurance; or (b) to property otherwise in- loan, shall be deemed not to exceed the value of the prop- sured unless such property is owned by the Insured. The Conditions and the General Nuclear Energy Exclusion apply to the insurance under this endorsement. • H 9384 (F) 11/72 • •' • _ • r 3 -3 . ; - scir t7.3 c 2.!' . ) .. t bbd icriz :ro - ,•/ ' — 7 - i):Q : ••■-- .3rn .sncrs ("1 2e:1 srit vcrn urtT" vno vcrn 5no ,-11-/' , - - , srl.kro 'ft -c , b‘lOiC91 •OT ,-s-r..):1-s7 1,11'0 /3i 1 - • _ J.,voq • - )1 ,.--? •• _co 3 / - _ :ct .77 ICJ: ' • • 2 • - ":1••';') t ) 4 , , t' ' %-• • • :01 - +? • • ■ ■ ir 4 MONEY AND SECURITIES BROAD FORM BURGLARY B 7127 (Ed. 10-64) B 620 MERCANTILE OPEN STOCK BURGLARY AND THEFT INSURANCE - SCHEDULE COVERAGE This endorsement, effective , forms a part of policy No. IST 8 46 28 Or ( 12:00 Noon, standard time) issued to • by SCHEDULE A Limits of Insurance Part :-.::-: i.r.:.: Coinsurance Occupied Section A Section B Premium Burglary Theft Percentage Limit Insured Location of Premises Inc) ---- 2000 ---- ---- Entire City Hall . , Deductible : $100 per occurrence • . . - . _ . - .-- .... . . . SCHEDULE B Protection- or Service Afforded - - . . . . Location of Premises - . - ... • .1, _ . I 4. , . _ . . .. . .. . , _ _ _ : i.,.. , 1 ... - ' - . _ It_is agreed that the policy applies, subject to the following provisions: 1. The following paragraphs are added to the Insuring Agree- tempt thereat, provided with respect to damage to the prem- . ments and the insurance afforded hereby shall be subject ises and the exterior thereof the insured is the owner of the --...... . to all the terms of the policy and this endorsement: premises or is liable for such damage. _ •• ... • :- Section A--Burglary: To pay for loss by burglary or by rob- Under this Section B, (1) the insurance shall apply only :.. ..: - .. :: •: bery of a watchman, while the premises are not open for to the extent each loss is in excess of $50, and (2) the • • business, of merchandise, furniture, fixtures and equipment limit of the company's liability stated in the schedule hereof within the premises or within a showcase or show window for Section B is a part of and not in addition to the limit of used by the insured and located outside the premises but insurance stated in •said schedule for Section A. inside the building line of the building containing the prem- 2. This endorsement does not apply: ises or attached to said building. .._ ‘ - (a) to loss of furs or articles containing fur W - • • . . hich represents • To pay for damage to the premises and the exterior there- their principal value, by removal of such property from with- of, and to the insured property within the premises or within in a showcase or show window by a person who has broken such showcase or show window, by such burglary, robbery the glass thereof from outside the premises or by an ac- of a watchman, or attempt thereat, provided with respect to complice of any such person; • damage to the premises and the exterior thereof the insured . . . . - • . is the owner of the premises or is liable for such damage. (b) to loss occurring while there is any change in the con- _ dition of the risk or during a fire in the premises; Section B—Theft: To pay for loss by theft of merchandise, (c) to damage by vandalism or malicious mischief; furniture, fixtures and equipment within the premises or within a showcase or show window used by the insured and (d) under Section B, to loss caused by the insured, or anyone acting on the express or implied of the insured, located outside the premises but inside the building line of authority being induced by any fraudulent scheme, trick, device or the building containing the premises or attached to said false pretence to part with title to or possession of any building. property; To pay for damage to the premises and the exterior (e) to loss, other than to a safe or vault, by fire whether thereof, and to the insured property within the premises or or not such fire is caused by contributed to by or arises within such showcase or show window, by such theft or at- out of the occurrence of a hazard insured against. (over) .. an! ;e4uasa,daa pazuo44ny .•• ' "° ' ° "' •., I011N3Hinv •pa,nsu! ay; Aq pau!e;u!ew aq Heys o.talay; alge3Hdde se am 'sa4e, le6a1 4e uoa,ay; 4sa,a ;u! pannoe -pay3s p!es ur 094245 a3!n,as JO uo!43a4OJd ay; '4uawasiopua snld ueoi Jo aouenpe ay; 4o uo!41od p!edun ay; 'p,o3a, 43ns 5!114 }o g alnpayos u! paieu6!sap sas!waJd yoea s43adsa, sy •g 4o aouasge ay; u! 'Jou 'ueoi ,o aouenpe ay; 6uilew uayM pa,nsu! ay; Aq paplo3a1 pue paww,a;ap se A4,ada,d ay; 40 `ti J E - Uorxedol-sastwa,d yoea o; algeo!ldde se alnpayos amen ay; 0999x9 04 4ou pawaap aq Heys 'ueoi a ,o aouenpe p!es u! pa4e4s a3uemsu! }o 4!w!! ay; pue 4!w!! a3ue.nsu! ue .104 leJa4ello3 se 10 'a6paid e se pa,nsw ay; Aq play -03 ay; 'a6e4ua31ad a3uelnsu!o3 ay; o; 43efgns '4uawaslopua A;1ado,d 4o amen yseo 1en43e 341 '41w!I y3ns at 43afgns (q) s!4; }O y alnpayos u! pa;eu6!sap sas!wa,d ay; o; 43adsal pue 'oss 0993x3 04 40U pawaap aq Heys A,IaMaf }o ap! ;1e yi!M sa!idde 4uawas,opua 5!114 Aq pap!nold a3ue,nsu! ayi • L auo Aue 4o amen yse3 len;3e ay; (e) ',31241n3 'pap!nold fool S s! sas!wald ay; }o ,0(294U! ay; Nu! A1;3a1!p 6u!uado 4ou MOpUIM Moys 10 ase3Moys Aue 40 s4ua4uo3 ay; }o •5591 s! 1ana113!yM 'a!npay3s pies u! pa4e4s ;!w!i aoue.1nsu!o3 sso! ,o} A;!Hge!l s,Auedwo3 ay; }0 1!w!! ay; '.1anaMOy 'pap!A ay; (q) ,o 'ssoi }o au!; ;e sas!wa,d at wy ;!M pau!e4uO3 -cud '4uawas,opua 5!114 }o y alnpayos u! 0942 4s aoue,nsu! }o as!pue93.aw yons He 40 an yseo !en43e ay; }o 'alnpayos 4!w!I aige3Hdde ay; Jou 'A;!lenb pue pup! a)!!! }o 1ay4o 1 -14!M p!es u! 0912;5 se 96e4ua3,ad a3uemsu!03 ay; (e) o; sleaq 4uawas.opua 5!114 4o y alnpayos u! palm 33ue,nsu! 40 ;vim Jou ay; a3e�da1 ,0 d Jd o; 4 u $eD a 4! ;e 1ou 'ssoi }o aw!; ;e A4JadoJd ay; }o amen yseo !en43e ay; ay; uey4 '1e1a4e11o3 se 10 a6paid a se palnsu! ay; Aq play paa3xa 40U Heys sso! 1o} A4!i!ge!! s,Auedwo3 ay; 40 4!•!l 944 A31ado1d }o pue Alias }o an!snpxa 'as!puey3,aw }o sso! a '4uawal!nba4 aouemsu!o3 ay; 4o uo!ie3!!dde Aue 0 ; ;oafgnS 40 uO!;10doJd .a ;ea,6 a 104 alge!! aq 4ou Heys Auedwo3 ayi •g :6u!M011o} ay; Aq pa3e1dal 2! (20!4!puoD „suo!4d0 .wawa was 'A ;!!gel 40 s4!wl„ ayi (a) •4uawd!nba JO ao!n,as 'wa; -s As wee y�.,� wei}!tp},� o; pa,nsu!� y; • }Q„ivawaal6e Aue •sauo4uanui p!es Aq paluasalda,. pouad ay; 10} 4o aouasge-ad; i! 'aJnpe3•'y3ns 4o;uawaooaeuwoo at }o se -- sales -55016 !enuue.at3elane ay; a�Fa,edwoo.£z!ssol ay; }0 lenuew s,Auedwo3 ay; y ;!M a3uepJo33e u! 'pasey3,nd aney A1ano3s!p ay; 6u!pa3ald Ala4eipaww! pouad y4uow ani '4 ayi pinoM 4uawas,0pua s!y4 10} wn!wa,d ay; yo!yM 4unowe 204 sales 550,6 1240; ay; u! 'Aue }! 'asea.1oap ,O 9529,3(2! pa3npal ay; u! /quo Aidde Heys lapunalay aoue,nsw ayi 40 a6e4ua31ad ay; Aq pesea,3ap ,o pasea,3u! 'spew aiaM se • lagwnu ,assa! yons Jo 'sauoivanu! le3!sA9d lenuue 3n!4 ;se! 'g a!npaxos _pi.es pa ;e ;s }uaw7 ('r , ay; Aq paleaaai se e6eiloys a6e.1ane ay; 04 lenba 4unowe -d!nbe Jo a3!AJas ,ayi° Aue u! e4u !edi- otsje }�p®,n241•;ay4 -(t1� ue pau!tulag ? lJa4(M•.4.03,a11; 4unowe ay; wo14 papnpap aq Heys aJay; ;uana y3!yM u! '429,94; 4dwa44e ,o 'Aua3.e! ,o 'g alnpayos p!es u! 094245 uaw Jo 4 3944 'A.eggo, Aq pauo!se330 uaaq aney o; uMoys Alge -113 ;em po lagwnu Aue o; uo!4!ppe u! s! uewyo ;eM yons pue - uosea, aq ue3 a6e4,oys yons ssaiun Aga,ay pa,anoo 40u s! ssau!snq 104 uado 4ou ale sas!wa.1d ay; uayM saw!4 He 4e A1o4uanu! Aue Aq pasops!p a6e 4Joys Auy •Aga,ay pa,an03 ses!wald ay; u!4;!M uewy34eM auo ;sea! 4e sep!nold pamsu! . . sso! e 4ou s! A4,ado,d palnsu! ay; 30 3Due.eaddes!p 9,9w (p) ay; 'uo!4!puo3 6u!)uoM 1adoid 04 paloisal Alin} uaaq sey we.; .sso! yons 40 9420 s(s wlele yons l! ;un� ;nq 4uawasiopua 5!114 4o g alnpayos ay; 6wpa3ald Ala;e!paww! syiuow an!aM4 ay; u!y4!M apew u! pe4e4s wa;sAs wlele ay; u!e;u!ew 134 spe; pamsu! ay; (2) A1o4u3nu! 1e,!sAyd e yons algel!ene 2! 9,911; ssaiun '4231344 • 1014(203 s pamsu! ay; puoAaq 5(205291 104 }I 'S idwa ; ;e 10 '((290121 ,o ; }ayi 'Alaggol Aq sso! o; A!dde 4ou alge!l AHe6al s! palnsw Heys 4uawas,opua s!yi •p4o3a, iueuew,ed a se A,o;uanu! 3! M s;3adsal se 10 yons daa)1 Heys pue as!puey3Jaw pa,nsu! ay; 40 A,oluan ay; y y pamsu! ay; Aq pauMO s� Ayladold -u! ie3!sA9d a a)lew 'aDJo4 u! s! Ao!lod ay; a!!yM syiuow yons ssaiun pamsu! as!M1ay ;o AUadold o; (q) 10 .a3uelnsu! an1aM; }o pouad AJ3na 93(20 ;seal ;e '3!245 pamsu! ayi (3) ,9440 Aue Aq lied u! 10 a!oyM u! palnsw AlIe3! }l3ads pue pa4elawnua pue paqu3sap Ala;e,edas s! 43!ym A31adOJd 04 (e) •sAeM1!e45 10 sIley Aldde 40u Heys 33(2215(2! ay; 'pap!n0,d 'a3uemsui Jay ;o 143ns 'se3ue14ua 39gnd (Z) 10 'sas!wald ay; 40 Joua4U! ay; Nu! lano a3ueinsu! 5533x3 se /quo Aldde Heys A3!lod s!y; .apun A143a1!p 6wuado 40U sMOpu!M Moys 10 saseoMOys (l) apnp a3uelnsu! ay; 'A3!!od s!4; 40 aouasge ayi u! Aldde pinoM -u! 4ou Heys ;rig 'U!;1394 p3424s se ssau!snq ay; 6u!43npuo3 123!9M 93(2215(2! 3Iq!4391103 pue p!!en 19440 Aue s! 9,944 31 u! pamsu! ay; Aq pa!dno3o se su0!4elepap ay; u! uMoys 2! :6u!Molio4 93!4M su0!4e,epap ay; u! pa4eu6!sap U0!42301 ay; 4e 6wp!nq ay; Aq pa3eida2 s! uo!;!puoJ „a3uelnsul 291140,, ayi (y) ay; 40 uo!41od 4294 30 10(294(2! ay; sueaw „sas!wald„ (q) •202(22' 10 91.10Z 12(22''03!3 olJand 'spuelsl w61!A'e!gwnl0D - "Aldde 40u swop uo!s!nold „a3uemsul papasladnS„ ayi (6) 40 43u4s!Q ay; 'e3uawy 40 sa4e4S pa4!un ay; 40 sa4e;S ' X4!4uenb pue•anlen 4523 Ien43e pue 4503 Ieu!6uo ay; 344 40 Aue u!y ;!M pouad A3!lod ay; 6uunp s.n330 93!4M 6w4e4s 'pa6ewep 10 (291045 40u sas!wa,d ay; wy4!M A41ad01d sso! o; Apo sa!idde A3!Iod s!yi :6u!Mollo4 ay; Aq pa3eida2 He 40 A10 ;uanu! a4aldwo3 a ys!wn4 Heys pamsu! 9y4 4sanb s! uo!;!puop „A1anoDs!Q 'A1o4u13i 'pouad A 9 41 ( -04 s Auedwo3 ay; uodn 'lapunalay sso! 30 ;Uana ay; u! (3) :4uawaslopua 5!94 Japun a3ue2nsw ay; 04 43adsa2 94"!M •p •44!!!ge!! s,Auedwo3 •wnu!4eld 10 13106 30 sapwe pue swab aloes 10 auo ay; 30. 4!w!l 944 022323u! o; 3421ad0 4ou Heys uoslad auo 6UIU!e;UO3 sapq.ie 'S3UO45 sno!3a1d -!was 10 snouald 'swab U2124 32°w 30 A41adoJd 04 aDuelnsu! ay; 4o uo!;e3!Iddy 's ;a1a3elq 's33e1pau 'say34eM 'A1laMaf sueaw ,k11aMar (3) •ssau!snq 104 uado 4ou ale sas!wald ay; aI!yM uewyo4e. •sas!wald ay; u!y4!M A4np uo s! uew2342M 93ns aI!yM auo ;seal 4e sas!wald ay; u!y4!M u!e4u!ew Heys pamsw ay; pue pamsu! ay; Aq Alan!snpxa paAoldwa uewy34eM a;enud 3! .'i 3!Iod s!y; .apun algeH s! Auedwo3 ay; 43!yM 1o} sso! 30 a uodn pa ;3p ;u! a3ua!o!n 40 ;my; 10 a3ua!0!n Aq A41ado1d - a3! 4ou -3o : Auedwo3. ay; Aq 4d!9331 ay; 04 ivanbasgns 6u!1m3 pamsu! 30 6up1e; ay; sueaw , uewy3;eM a 40 A.aggob„ (q) - 30-ss°l 0; ;3adsai 94!M 1n33o 4ou Heys uo!;3npa1 yons ;nq - .. ss0F. ay ; ;.loud Ala4e!paww! se A4a 22 30 uo!4!puO3 awes ay; ;0 10(29 2wep i x9 yons }o aoeid 9114 ;e 1e3I wald } ;u! ay; '04 a6ee3!sAyd 10 'uodn sle3!wai.! ay; ;seal 4e 04 0910 ;sal ale sas!wald ay; !pun sso! yons ..o} .10 A ;nu ;dala 'san!soldxa '51004 Aq apew s)!Jew alq!s!n Aq A ;!Hge!1 s,Auedwo3 ay; 40 4ua4za ay; Aq a3uelnsu! 40 4!w!I pa3uap!na se 0Dualo!n pue 33104 len ;3e Aq wo1 431344 4!x3 sno alge3!ldde ay; 03npar Heys sso! Aue 40 a3u911n330 ayi !(2019} 6wp!ew uoslad a Aq sas!wald ay; U!94!M W014 (C) 10 •23440 ay; 04 a!ge3!43eJd se uoos se 'uoala11; spew alq!s!n 9le way; a3ualo!n pue 93104 43!4M 4031394 03!40U - 0A!6 11e95-'A ;ladold yons Aue 30 AJan0391 }o 'a3ualo!n pue 33104 Ien43e Aq MOpulm Moys Jo ase3MOys m uodn Auedwo3 ay; Jo pasu! . ayi •A !6u!p1o33e pa4snfpea1 yons 04U! A14ua sno!uola} 6upiew uos.ad a Aq sas!wa.d ay; sso{ pue '3uawal44as p!es 0; loud apew uaaq pey A1anO3a1 ap!s;no Mopu!M Moys 10 ase3M0ys a u!yi!M wo.} (Z) 10 'A.1ua ayi 31 se pa!idde 3Dueieq Au? y4!M 'A1ano33J 93ns 6u!)lew u! 93ns 40 3321d ay; 4e sas!wa.d ay; 40 10(294x9 ay; '04 a6ewep sawed ay; 40 asuadxa ayi 04 45 pa!Idde aq Heys sso! e 40 le3!sAyd 10 'uodn sle3!way3 10 A4p!14331a 'san!so!dxa 'sloo4 ;uawaµ;as 13442 pa,ano3a4 A41adoJd Auy •Auedwo3 ay; 40 Aq apew s>I1ew a!q!s!n 3.12 32394 a3ualo!n pue 33,04 93!4M A4Jado4d ay; aw03aq Heys pa3elda, 10 104 pled os A41ado,d 40 'a3ua!o!n pue 33.103 12n432 Aq u!a,ay; A14ua sno!uola4 Auy •4031394 I3UMO ayi 10 pamsu! ay; 114!M 1944!9 A4,ad01d bur ew uos,ad a Aq sas!wald ay; wy4!M wo,4 (4) A41ado.d 40 sso! 203 w!ep Aue 9µ49s Aew pue A ;,adQ,d ay; 3321da.1 10 pa,nsu! 40 uo! ;3e,4sge sno!uola} ay; sueaw „ (1ei6,ng, (2) 1!eda, Aew 10 Aauow u! sso! ay; ,04 Aed Aew Auedwo3 ayi : ;uawaslopua s!y; UI •£ f • +. • MONEY ORDERS, COUNTERFEIT PAPER CURRENCY INSURANCE AND DEPOSITORS FORGERY ENDORSEMENT HOME commas INSURED. City of Oak Park Heights POLICY NUMBER ISM.' 8 46 28 07 ADDITIONAL DECLARATIONS Limits of Liability S Money Orders and Counterfeit Paper Currency S _ 50,000 Depositors Forgery It is agreed that Section 111 of this policy applies subject to the following provisions: INSURING AGREEMENTS • Money Orders and Counterfeit Paper Currency Coverage: This the one so impersonated and endorsed by anyone other than the Company shall pay the Insured fo,r loss due to the acceptance in one so impersonated: and good faith, in exchange for merchandise, money or services, of any: (c) any payroll check, payroll draft or payroll order made or drawn post office, express company, National, State or Canadian chartered by the Insured, payable to bearer as well as to a named payee bank money order, issued or purporting to have been issued by any and endorsed by anyone other than the named payee without post office, express company, National, State or Canadian chartered authority from such payee; bank, if such money order is not paid upon presentation, or due to the acceptance in good faith in the regular course of business of whether or not any endorsement mentioned in (a), (b) or (c) be a counterfeit United States or Canadian paper currency. forgery within the law of the place controlling the construction This insurance does not apply (al to loss due to war, whether or not thereof. declared, civil war, insurrection, rebellion or revolution, or to any Mechanically reproduced facsimile signatures are treated the same as act or condition incident to any of the foregoing, or (b) to loss due handwritten signatures. to any fraudulent, dishonest or criminal act by any Insured or a The Insured shaft be entitled to priority of partner therein, whether acting alone or in collusion with others. y payment over loss sustained by any bank aforesaid. Loss under this Insuring Depositors Forgery Coverage: T his Company Agreement, whether sustained by the Insured or such bank, shall be y g p y shall pay the Insured paid directly to the Insured in its own name, except in cases where for loss which the Insured or any bank which is included in the such bank shall have already fully reimbursed the Insured for such Insured's proof of loss and in which the Insured carries a checking loss. The liability of this Company to such bank for such loss shall or savings account, as their respective interests may appear, shall be a part of and not in addition to the amount of insurance sustain through forgery or alteration of, on or in any check, draft, applicable to the Insured's office to which such loss would have promissory note, bill of exchange, or similar written promise, order been allocated had such loss been sustained by the Insured. or direction to pay a sum certain in money, made or drawn by or drawn upon the Insured, or made or drawn by one acting as agent of If the Insured or such bank shall refuse to pay any of the foregoing the Insured, or purporting to have been made or drawn as instruments made or drawn as hereinbefore set forth, alleging that hereinbefore set forth, including such instruments are forged or altered, and such refusal shall result in suit being brought against the Insured or such bank to enforce (a) any check or draft made or drawn in the name of the Insured, such payment and this Company shall give its written consent to the payable to a fictitious payee and endorsed in the name of such defense of such suit, then any reasonable attorneys' fees, court fictitious payee; costs, or similar legal expenses incurred and paid by the Insured or such bank in such defense shall be construed to be a loss under this (b) any check or draft procured in a face to face transaction with Insuring Agreement and the liability of this Company for such loss the Insured, or with one acting as agent of the Insured, by shall be in addition to any other liability under this Insuring anyone impersonating another and made or drawn payable to Agreement. CONDITIONS The Conditions applicable to Section III apply to insurance hereunder with the following exceptions: A. The "Limits of Liability" and "Other Insurance" Conditions are The liability of this Company for loss sustained by any or deleted and the following substituted therefor: • all of the Insureds shall not exceed the amount for which Limits of Liability. this Company would be liable had all such loss been • sustained by any one of the Insureds. 1. Under the Money Orders and Counterfeit Paper Currency Coverage the Limit of Liability specified in the Additional Payment of loss under this Coverage shall not reduce this Declarations is the total limit of this Company's liability Company's liability for other losses whenever sustained. with respect to all loss of property of one or more persons Loss caused by any employees y y person (whether one of the em to ees or organizations arising out of any one occurrence. All loss or not) and which occurs partly during the period of this incidental to an actual or attempted fraudulent, dishonest endorsement and partly during the period of other bonds or or criminal act or series of related acts at the premises, policies issued by this Company to the Insured or to any whether committed by one or more persons, shall be predecessor in interest of the Insured and terminated or deemed to arise out of one occurrence. cancelled or allowed to expire and in which the period for 2. Under the Depositors Forgery Coverage, the Limit of discovery has not expired at the time any such loss Liability specified in the Additional Declarations is the total thereunder is discovered, the total liability of this Company limit of this Company's liability with respect to all loss by under this endorsement and under such other bonds or forgery or alteration committed by any person or in which policies shall not exceed, in the aggregate, the amount such person is concerned or implicated, whether such carried under the applicable Insuring Agreement of this forgery or alteration involves one or more instruments. endorsement on such loss or the amount available to the H26609F Insured under such other bonds or policies, as limited by Discovery Period. This endorsement applies only to toss which the terms and conditions thereof, for any such loss, if the occurs during the endorsement period and is discovered not latter amount be the larger. later than one year from the end of the endorsement period. 3. Under the Money Orders and Counterfeit Paper Currency Ownership of Property; Interests Covered. The insured property y may be owned by the Insured, or held by the Insured in any Coverage and the Depositors Forgery Coverage: Regardless capacity whether or not the Insured is liable for the loss thereof, of the number of years this endorsement shall continue in or may be property as respects which the Insured is legally force and the number of premiums which shall be payable liable; provided this insurance applies only to the interest of the or paid, the limit of this Company's liability as specified in Insured in such property, including the Insured's liability to the Limits of Liability of the Additional Declarations shall others, and does not apply to the interest of any other person or not be cumulative from year to year or period to period. organization in any .of said property unless included in the Other Insurance. As respects Depositors Forgery Coverage, this Insured's proof of loss. Company shall be liable hereunder only for that part of such Books and Records. The Insured shall keep records of all the loss which is in excess of the amount recoverable or recovered insured property in such manner that this Company can from such other insurance or indemnity, except that if such accurately determine therefrom the amount of loss. other insurance or indemnity is a bond or policy of fidelity Recoveries. If the Insured shall sustain any loss covered by this insurance, any loss covered under both such fidelity insurance endorsement which exceeds the applicable amount of insurance and Depositors Forgery Coverage shall first be paid under hereunder, the Insured shall be entitled to all recoveries (except Depositors Forgery Coverage. This Company waives any right of from suretyship, insurance, reinsurance, security or indemnity contribution which it may have against any forgery insurance taken by or for the benefit of this Company) by whomsoever carried by any depository bank which is indemnified under made, on account of such loss under this endorsement until Depositors Forgery Coverage. fully reimbursed, less the actual cost of effecting the same; and any remainder shall be applied to the reimbursement of this B. The following Additional Conditions are added hereunder: Company. Superseded Insurance. If similar insurance of the Insured, Joint Insured. If more than one Insured is named in the consisting of one or more policies affording continuous Declarations, the Insured first named shall act for every Insured coverage, terminated with the beginning of this endorsement for all purposes of this endorsement. Knowledge possessed or period, loss, to the extent that it is not insured under such prior discovery made by any Insured or by any partner or officer insurance solely because of late discovery, shalt be deemed to thereof shall constitute knowledge possessed or discovery made have occurred on the first day of this endorsement period. by every Insured. • • ` n iio e s o �ii� �����s a • 9_ INSTITUTIONAL POLICY , SR CI - 11 a Pail `= - 1 ERw1 7-1-83 — AN INSTITUTIONAL POLICY specially prepared for CITY OF OAK PARK HEIGHTS by Forest Lake Insurance Agency • I tn S Home Insurance Companies M pM INSTITUTIONAL POLICY QUICK REFERENCE Beginning On Page DECLARATIONS— Institutional Policy 1 DECLARATIONS (continued) if applicable 2 (with letter) SECTION I: PROPERTY COVERED Coverage A— Buildings 3 Coverage B— Personal Property 3 Extensions of Coverages A & B 3 Coverage C —Time Element Insurance 4 Coverage D— Scheduled Property 4 SECTION 1: PERILS 5 SECTION I: GENERAL EXCLUSIONS (Applicable to Section I) 7 SECTION 1: DEDUCTIBLE 7 SECTION I: CONDITIONS APPLICABLE TO SECTION I 8 SECTION H: GENERAL LIABILITY Coverage E— Comprehensive General Liability 13 Coverage F— Premises Medical Payments 16 SECTION I1: CONDITIONS APPLICABLE TO SECTION II 17 SECTION II: DEFINITIONS APPLICABLE TO SECTION i1 20 PROVISIONS APPLICABLE TO SECTION III 21 CONDITIONS APPLICABLE TO SECTION III 21 GENERAL CONDITIONS (Sections I, II & III) 23 If applicable, Section III (Crime Coverages), Section IV (Specialty Coverages) and Section V (Automobile Coverages) as well as other forms and endorsements follow General Conditions. PLEASE READ POLICY CAREFULLY IMPORTANT: This QUICK REFERENCE is NOT part of policy and does not provide coverage. Refer to the policy itself for actual contractual provisions. INSTITUTIONAL POLICY UNDERLYING POLICY Insurance is p 'led by the Stock Company designated by E + hereinafter called the Company. MASTER POLICY No. 1ST— 8776170 65613 � \ 1 n CITY INSURANCE COMPANY © THE HOME INSURANCE COMPANY HOM)' Short Hills, N.J. Manchester, N.H. \47PA1015; THE HOME INSURANCE COMPANY OF INDIANA T HE HOME INDEMNITY COMPANY Indianapolis, Ind. Manchester, N.H. 1 351 1 DECLARATIONS 9 022 IST- 8776170 -5729 RENEWAL OF NO. PRODUCER, S NO. OPC i1 Named Insured and Mailing Address PREMIUM* (Number, Street, Town, Coun State & Zip No.) Total Advance Premium $ 3099 (Includes 1st Yr. Auto Prem. if any) i $ 309 • Oak Park Heights , City of' 9 Payable at Inception * Oak Park Heights, MN 55082 Each Anniversary $ i (Enter * * for note to apply) *Subject to adjustment as provided herein. , "*Anniversary premiums subject to rates then current. a Policy Period Years Q a C 12:01 A.M. Standard Time at the address of I F.. W From 7 - -83 To 7-7-86 the Named Insured as stated above. Audit Period: Annual, unless otherwise stated: ❑ Monthly ❑ Quarterly ❑ Semi - Annual ❑ Other I DESCRIPTION AND LOCATION OF PROPERTY AND OPERATIONS COVERED , (Loc. No., Bldg. No. —Show location, construction. type of roof, occupancy and type of operations) . 1 See H32253 S IC -9111 j I 1 . Section L imits or Amounts and Coinsurance Coverages 1 $ See H32253 A. Building(s) $ See H32253 B. Personal Property $ Nil C. Nil 1 $ See IM2141 D. Miscellaneous Property Basic Perils Part applies to Coverage(s) Basic Perils and Additional Perils Parts applies to Coverage(s) Special Perils Part applies to Coverage(s) A P R $ 250. Deductible applies to perils Soecial Perils Coverage(s) A & B i $ See each occurrence $ H321 aggregate E. Comprehensive General Liability I II $ Nil each person $ Nil each accident }F. Premises Medical Payments I III See H32255 - " Policy Form and endorsements attached at inception _ See H32255 Mortgagee Clause: Subject to the provisions of the mortgagee clause attached hereto, loss, if any, under the build- _ing coverage under Section I shall be payable to the Named Insured and: i I „.,, - ";>,.. j Forest Lake, MN 8 -19 -83 em Countersigned at Date (Mo., Day, Yr.) Au h rized Representative 1 In of the premium, insurance is provided the Named Insured with respect to the described location(s) i insurance isshowtn, o those coveraes and subject to all g the terms of this policy r incllud including forms and specific liability ade a part hereof i { SI.... r 0.. ..a.. a'. -- • ( _ . .. . . .. .../ .I. . _ 0,- ,_, ......., .. ...., .... - - . - , . 03 • ---t-t-- ^_.,. ..,. - , - _ ; -..-_,...-- --..- , - ....-: - 4.: ---,-,., --. - .. ' .-.--.-... - .- :. • _:: -- _ - ' . ' i : 1 , - _ ■.:,- *-, _ (..9.)3 `, '"Ya a I _ ,_, ,) . l - . , - , io/„ '' ,:. _ -; •:,, - .2' n . , -. - . - , • : — - - : '--. , - . - ,, — • 2 , ' , • - .i403 --,-..___ ___________._._ ____ , • - _ ' . ' . . .."' - -S' _ ' - - - .. : - . . , . a --:::—.::.---- .- 2 7 _ - • - - - In Witness Whereof, the company identified on the declarations page has caused this policy_to be executed and attested on its behalf, but this policy shall not be valid unless countersigned on the declarations page by i authorized ... representative of the company. . • - .._ - - -- • • ...1 L. -, •2,ruci .9 'euilli , 07E. - 7. :" - ..10t , • :-:-.,•,:- - F, 7 : 3 I-- - ' '- • .., - - '• . ' -) - - - ' • -, -..!..„ .-: .•_ , 4 - 1 I 1 _ • - „ -••'''. ... 4 /lag, '4004 ..\?,_ -'7 \ • (.A.A y , , TIMOTHY P. REAMES, Secretary PETER C. R. HUANG, President HENRY P. LENZ, President of , of THE HOME INSURANCE COMPANY THE HOME INDEMNITY COMPANY CITY INSURANCE COMPANY • .• THE HOME INSURANCE CO OF INDIANA _ A.. , PAGE 2 STOCK COMPANY ISSUED BY o suRANc e HOME DECLARATIONS (continued)— GENERAL co mpile \ES NAMED INSURED POLICY NUMBER Forest Lake, City of IST- 8776170 -65613 Section I H33410 Provisions Applicable to Section I H32308 (12 -80) Minnesota Standard Form Fire Policy H32324 (10 -82) Minnesota Mandatory H32253 Declarations -Page 2b H32291 Agreed Amount of Insurance Endorsement IM2141 Miscellaneous Property Floater H9050 Special Inland Marine Coverage Sections I, II & III H33365 Perils Insured Against, Policy Provisions, Exclusions and Conditions H28688 Safety Group Dividend Plan Endorsement Section II H32289 Waiver of Immunity H32220 Special Events Endorsement H32298 Additional Insured Endorsement L9163 Exclusion - Volunteer Firemen H22300 Special Events Exclusion LA271 Vehicles Owned or Leased by Public Bodies H22300 Professional Exclusion H32191 Amendment of Limits of Liability H32217 General Liability Hazards Schedule H33406 Personal Injury Liability Insurance L9106 Additional Insured L9138 Exclusion H22300 Host Liquor Liability H22300 X -C -U Endorsement L6432f Application of Exclusions Section III H3223 Public Employees Endorsement H32199 Money Orders, Counterfeit Paper Currency and Depositors Forgery EFFECTIVE DATE OF THIS PAGE AGENT 7 -7 -R3 Wherever a policy provision refers to the Declarations, such reference shall also apply to this Declarations Page. H32255F Page 2a { i i • • I *IRA INSTITUTIONAL POLICY HOME) compANIES PROVISIONS APPLICABLE TO SECTION I PHYSICAL DAMAGE TO PROPERTY PROPERTY COVERED This policy covers under: 3. If repaired or replaced at the expense of others for the use of the Named Insured there shall be no liability Y Coverage A , - Buildings) i ncluding other real property, as hereunder. described in the Declarations, and, if also the of he h property o e p p rty the Named Insured, yard fixtures, building service equip- Coverages A and B do not include: lie all while at th e location(s) described in tent and supplies, . shrubs, plants, lawns a nd growing crops (a) trees, s p g g out- P the Declarations or temporarily elsewhere. side of P (except as exce t buildings provided under Exten- Coverage B — Personal Property of the Named Insured sions of Coverage); Il i and, at the option of the Named Insured, personal (b) any of the following unless specifically described in l property of others while in the care, custody or control of the Declarations: the Named Insured for which the Named Insured is liable, (1) manuscripts; all while at the location(s) described in the Declarations or within 100 feet thereof if in the open, on land, or in or on (2) outdoor neon or electric signs; all other outdoor land vehicles. signs if not attached to the building(s); (3) outdoor swimming pools, fences, walks, roadways This Coverage includes valuable papers and records con- or other paved surfaces, curbs, piers, bulkheads, sisting of: wharves or docks; beach or diving platforms or urt nances; retaining walls not constituting a x a e of account, abstracts, drawings, pp g (a) books s, card index g 'l ' systems and other records, but only for the cost of part of building; blank books and other blank material, and the cost of (4) brick, stone or concrete foundations, piers or other transcribing; supports which are below the under surface of the tape, g (b) film, to disc, drum, cell and other magnetic record- lowest basement floor, or, where there is no base - ing or storage media ma for electronic data processing, merit, which are below the surface of the g round; and other records, but only for the cost of unexposed cost of excavations; grading or filling; under - i drains; film or blank tape, wire or other recording media; g round flues, pipes, es wiring wirin and d ra ins; except as provided under Extensions of Coverage. (5) animals; P P (6) if a condominium property, fixtures, alterations, This Coverage also includes -- Improvements and Better- installations or additions comprising a part of the meats, consisting of fixtures, alterations, installations o r described building(s) when P or- situated within a additions comprising a part of the described building(s) tion of the premises used exclusively by an indi- not owned by the Named Insured and made, or acquired, vidual Unit -Owner and made or acquired at the at the expense of the Named Insured (exclusive of rent paid expense of an individual Unit-Owner of that por- by the Named Insured) and which are not legally subject to tion of the premises; removal by the Named insured, to the extent of the Named Insured's use interest in such Improvements and Better- (c) automobiles, snowmobiles, trailers, semi trailers or any self - propelled vehicles or machines (other than auto- tents. mobiles), if licensed for use on public roads, or if not The company's liability for loss to Improvements and Bet- so licensed if operated principally away from the prem- terments damaged or destroyed shall be as follows: ises of the Named Insured; watercraft (including mo- i 1. If repaired or replaced at the expense of the Named tors, equipment and accessories) while afloat; aircraft, Insured within a reasonable time after such loss, the except aircraft not currently certified as to air worthi- actual cash value of the damaged or destroyed prop- ness, while on the ground for display or instructional erty; purposes and not self - propelled; 2. If not repaired or replaced within a reasonable time (d) land; after such loss, that proportion of the original cost at (e) bills, currency, deeds, evidences of debt, money and the time of installation of the damaged or destroyed securities; property which the unexpired term of the lease or rent- al agreement at the time of loss bears to the period(s) (f) personal property in which parties other than the from the date(s) such damaged or destroyed property Named Insured also have an insurable interest when was installed to the expiration date of the lease or the Named Insured's interest in such property is cov- rental agreement; ered by insurance under any other policy. EXTENSIONS OF COVERAGE (Applicable to Coverages A and B) This policy covers loss by the perils insured against for tions, Repairs and New Construction" clause in additional amounts of insurance as follows: this policy; (a) New Property: rt : For not exceeding in the aggregate, (2) Property, as covered under Coverages A and B, g $100,000 at any one location on: acquired by the Named Insured during the term (1) Property, as covered under Coverages A and 8, of this policy at any location; for which coverage is provided within the "Altera- provided that coverage under this Extension shall H33410F Ed. 11/80 Page 3 cease 180 days from the date construction or installa- Elevator Collision: For not exceeding 25% of the combined, tion is begun or 180 days from the 'e such property amount(s) for Covera' 4 and B or $50,000, whichever is is acquired by the Named insured c. ., the date values less, at any one locati, for each direct loss to elevators, are reported to the company or on the termination and to any other property owned, occupied, used by or date of this policy, whichever first occurs. Additional rented to the Named Insured, including, at the option of premium shall be due and payable from the date con- the Named Insured, property in the care, custody or control struction or installation is begun or from the date such of the Named Insured and for which the Named Insured is property is acquired. liable, caused by accidental collision of any part of an ele- (b) Continuation Expense: For not exceeding $5,000 for vator or of anything carried thereon, with another part of the extra expenses necessarily incurred by the Named such elevator or with another object. Insured to continue normal operations which are in- The term "elevator" means elevators, escalators or any terrupted as a result of damage to or destruction of other hoisting or lowering device used to connect floors or property covered under Coverages A and B or to a landings, whether or not in service, and all appliances building containing such property, at a location de- thereof including any car, platform, shaft, hoistway, power scribed in the Declarations or at a new location ac - equipment and machinery, or any hydraulic or mechanical quired by the Named Insured during the term of this hoist used for raising or lowering automobiles or for dump - policy for which coverage is afforded under the New ing material from trucks. Property extension (a) above. This Extension applies This Extension does not apply to: only during the time it would require with the exercise (a) injury or destruction due direct( to the breakin of due diligence and dispatch to repair, rebuild or y g• replace the damaged or destroyed property. burning out or disrupting of any electrical machine (c) Off Premises: For not exceeding $10,000 on personal which is not located within the elevator car; property covered hereunder, while temporarily off (b) injury to or destruction of any electrical machine aris- premises or in transit, including direct loss or dam- ing out of the breaking, burning out or disruption age caused by collision, derailment, overturn of a thereof; transporting conveyance, flood (meaning the rising of (c) injury or destruction with respect to which coverage is navigable waters), earthquake, landslide, stranding or afforded under Section 1l. sinking of vessels, collapse of bridges, culverts, docks "GENERAL EXCLUSIONS" 2. and 5. do not apply to this or wharves. Extension. (d) Valuable Papers and Records: For not exceeding This policy also covers against Toss by fire, lightning, explo- $5,000 for extra expenses necessarily incurred by the sion, riot, civil commotion or aircraft for an additional Named insured in the reproduction of valuable papers amount of insurance as follows: and records consisting of: books of account, abstracts, Trees, Shrubs, Plants and Lawns: For not exceeding in the drawings, card index systems, film, tape, disc, drum, aggregate, $5,000 on trees, shrubs, plants and lawns not cell and other magnetic recording or storage media for grown for commercial purposes and while outside of build - electronic data processing, and other records, all the in sat the locations described in the Declarations. How - property of the Named insured and while at the loco- ever, the company shall not be liable for more than $500 tion(s) described in the Declarations. In no event shall on any one tree, shrub or plant, including expenses incurred the e recovery under Coverage 13 and this Extension com- in removing debris thereof. bined exceed the actual loss sustained. (e) Personal Effects: For not exceeding $500 on personal in no event shall the coverage under this Extension apply to effects of the Named Insured, any officer, partner or any o sem ents attached hereto. perils which may be included in this policy or endorsements employee of the Named Insured while such property is at the location(s) described in the Declarations, sub- This policy, without increasing the amount of insurance ject to an aggregate limit of $5,000 in any one occur- applying to the property damaged or destroyed, also covers: rence. This Extension applies only at the option of the (a) Consequential Loss, meaning loss to personal property Named Insured and does not apply to property which covered hereunder, while contained in a building at a is covered by any other insurance. location described in the Declarations, due to change (f) Personal Property of Others: For not exceeding $5,000 of temperature or humidity as a result of physical dam - on personal property of others, as covered under Cov- age by the perils insured against to building(s) or erage B, for which the Named Insured is liable, while equipment at the same location. in the care, custody or control of the Named insured In no event shall coverage under this Extension apply and only while such property is at the location(s) de- to any loss specifically excluded under the peril of scribed in the Declarations. This Extension applies Riot and Civil Commotion or elsewhere in this policy. only at the option of the Named Insured and does not (b) Debris Removal, meaning expenses incurred in the apply to property which is covered by other insurance. removal of all debris of the property covered hereunder This policy also covers for an additional amount of insur- occasioned by loss thereto caused by a peril insured ance as follows: against. TiME ELEMENT INSURANCE This policy covers under. Coverage C —Time Element, as described in the Declarations or in the Schedule(s) or Endorsement(s) made a part thereof, but only with respect to the perils insured against which are designated in such Declarations, Schedule(s) or Endorse - ment(s); this provision does not apply to boiler and machinery time element insurance when written on a separate limit basis. With respect to any Time Element Coverage applicable hereunder which includes a New Location Extension of Cov- erage, any reference therein to "60 days" is hereby amended to read "180 days ". SCHEDULED PROPERTY This policy covers under: Coverage D--- Scheduled Property, as described in the Declarations or in the Schedule(s) or Endorsement(s) made a part thereof, but only with respect to the perils insured against which are designated in such Declarations, Schedule(s) or Endorsement(s). Page 4 ouRaric xoME cOMPAN\ MINNESOTA STANDARD FORM FIRE POLICY This form contains the provisions of the Standard Fire hereinafter while located or contained as described in P Policy. Whenever the conditions of this form can be this olic or pro rata for five days at each proper place Y . construed to perform a liberalization of conditions found to which any of the property shall necessarily be elsewhere in Section 1 coverage relating to insurance removed for preservation from the perils insured against e lightning or removal from in this policy, but not elsewhere. The amount of said loss or damage by fire, g in case of total loss on building against s g Y g loss or damage, except buildings, premises endangered by fire or lightning, the terms and to be estimated according to the actual cash value p g Y of the Standard Fire Policy shall apply. insured property conditions o Y the s p p Y at the time when such loss or IN CONSIDERATION OF THE PROVISIONS AND STIP- damage happens. ULATIONS HEREIN OR ADDED HERETO AND OF the premium specified in the Declarations the company, for If the insured property shall be exposed to loss or dam- inception the term in t he Declarations from ince P age from the penis insured against, the Insured shall date At 12::01 01 A A. . M. (Standard Time) to expiration date ble exertions to save and protect same. make all reasons :O1 A.M. (Standard Time) at location of Property be valid except with in At 12 Assignment of this policy shall not b p involved to an amount not exceeding the amount(s) specified in the Declarations, does insure the Insured the written consent of the company. named in the Declarations and legal representatives. This policy is made and accepted subject to the forego- The insurance effected is granted against all LOSS OR ing provisions and stipulations and those hereinafter DAMAGE BY FIRE ORIGINATING FROM ANY CAUSE, stated, which are hereby made a part of this policy, DAMAGE BY LIGHTNING EA AND BY REMOVAL FROM PROVIDED, ALSO ANY together with such provisions, stipulations and agree - PREMISES ENDANGERED BY THE PERILS INSURED may DAMAGE BY LIGHNG ments as ma be added hereto, as provided in this pol- AGAINST IN THIS POLICY, to the property described icy. • H32308F Rev. 12/80 Page 1 of 2 r 1 Concealment, This entire policy st ,e void if, whether 78 loss under this policy f. rich no liability exists as to the 2 fraud. before a loss, the insured has wilfully, or 79 mortgagor, or owner. and ma company shall elect by itself, or , 3 after a loss, the insured has wilfully and 80 with others, to pay the mortgagee the full amount secured by 4 with intent to defraud, concealed or misrepresented any material 81 such mortgage, then the mortgagee shall assign and transfer to 5 fact or circumstance concerning this insurance or the subject 82 the company his interest, upon such payment, in the said mort- 6 thereof, or the interests of the insured therein. 83 gage together with the note and debts thereby secured. 7 Uninsurable This policy shall not cover accounts, bills, 84 Pro rata liability. This company shall not be liable for a greater 8 and currency, deeds, evidences of debt, money or 85 proportion of any loss than the amount 9 excepted property. securities; nor. unless specifically named 86 hereby insured shall bear to the whole insurance covering the 10 hereon in writing, bullion, or manuscripts. 87 property against the peril involved. 11 Perils not This company shall not be liable for loss by 88 Requirements in In case of any loss under this policy the in- 12 included. fire or other perils insured against in this 89 case loss occurs. sured shall give immediate written notice to 13 policy caused. directly or indirectly by: (a) 90 this company of any loss, protect the property 14 enemy attack by armed forces, including action taken by military, 91 from further damage, and a statement in writing, signed and 15 naval or air forces in resisting an actual or immediately impend- 92 sworn to by the insured, shall within 60 days be rendered to the 16 ing enemy attack; (b) invasion; (c) insurrection; (d) rebellion; 93 company, setting forth the value of the property insured, except 17 (e) revolution; (1) civil war; (g) usurped power; (h) order of 94 in case of total Toss on buildings the value of said buildings 18 any civil authority except acts of destruction at the time of and 95 need not be stated, the interest of the insured therein, all other 19 for the purpose of preventing the spread of fire, providing that 96 insurance thereon, in detail, the purposes for which and the 20 such fire did not originate from any of the perils excluded by 97 persons by whom the building insured, or containing the property 21 this policy. 98 insured, was used, and the time at which and manner in which 22 Other Insurance. Other insurance may be prohibited or the 99 the fire originated, so far as known to the insured. 23 amount of insurance may be limited by so providing in the policy 100 The company may also examine the books of account and 24 or an endorsement, rider or form attached thereto. 101 vouchers of the insured, and make extracts from the same. 25 Unless otherwise provided in writing added hereto this company 102 Appraisal. In case the insured and this company, except 26 shall not be liable fer loss occurring: 103 in case of total loss on buildings, shall fail 27 (a) while the hazard is increased by any means within the con- 104 to agree as to the actual cash value or the amount of loss, then, 28 trol or knowledge of the insured; or 105 on the written demand of either, each shall select a competent 29 (b) while the described premises, whether intended for occupancy 106 and disinterested appraiser and notify the other of the appraiser 30 by owner or tenant, are vacant or unoccupied beyond a period of 107 selected within 20 days of such demand. In case either fails to 31 60 consecutive days; or 108 select an appraiser within the time provided, then a presiding 32 (c) as a result of explosion or riot, unless fire ensue, and in that 109 judge of the district court of the county wherein the loss occurs 33 event for Toss by fire only. 110 may appoint such appraiser for such party upon application of 34 Other perils Any other peril to be insured against or 111 the other party in writing by giving five days' notice thereof in 35 or subjects. subject of insurance to be covered in this 112 writing to the party failing to appoint. The appraisers shall 36 policy shall be by endorsement in writing 113 first select a competent and disinterested umpire; and failing 37 hereon or added hereto. 114 for 15 days to agree upon such umpire, then a presiding judge of 38 Added provisions. The extent of the application of insurance 115 the above mentioned court may appoint such an umpire upon• 39 under this policy and the contributions to 116 application of party in writing by giving five days' notice thereof 40 be made by this company in case of loss, and any other provision 117 in writing to the other party. The appraisers shall then appraise 41 or agreement not inconsistent with the provisions of this policy, 118 the loss, stating separately actual value and loss to each item; 42 may be provided for in writing added hereto, but no provision 119 and, failing to agree, shall submit their differences, only, to the 43 may be waived except such as by the terms of this policy is 120 umpire. An award in writing, so itemized, of any two when filed 44 subject to change. 121 with this company shall determine the amount of actual value 45 Waiver No permission affecting this insurance shall 122 and loss. Each appraiser shall be paid by the party selecting 46 provisions. exist, or waiver of any provision be valid, 123 him, or for whom he was selected, and the expense of the ap- 47 unless granted herein or expressed in writing 124 praise( and umpire shall be paid by the parties equally. 48 added hereto. No provision, stipulation or forfeiture shall be 125 Company's It shall be optional with this company to take 49 held to be waived by any requirement or proceeding on the part 126 options. all of the property at the agreed or appraised 50 of this company relating to appraisal or to any examination 127 value, and also to repair, rebuild or replace 51 provided for herein. 128 the property destroyed or damaged with other of like kind and 52 Cancellation This policy shall be cancelled at any time at 129 quality within a reasonable time, on giving notice of its intention 53 of policy. the request of the insured, in which case this 130 so to do within 30 days after the receipt of the proof of loss 54 company shall, upon demand and surrender 131 herein required. 55 of this policy, refund the excess of paid premium above the 132 Abandonment. There can be no abandonment to this com- 56 customary short rates for the expired time. This policy may be 133 pany of any property. 57 cancelled at any time by this company by giving to the insured 134 When loss The amount of loss for which this company 58 a ten days' written notice of cancellation with or without tender 135 payable. may be liable shall be payable 60 days after 59 of the excess of paid premium above the pro rata premium for 136 proof of loss, as herein provided, is received 60 the expired time, which excess, if not tendered, shall be refunded 137 by this company and ascertainment of the loss is made either 61 on demand. Notice of cancellation shall state that said excess 138 by agreement between the insured and this company expressed 62 premium (if not tendered) will be refunded on demand. 139 in writing or by the filing with this company of an award as 63 Mortgagee If loss hereunder is made payable, in whole 140 herein provided. It is moreover understood that there can be 64 interests and or in part, to a designated mortgagee not 141 no abandonment of the property insured to the company, and 65 obligations. named herein as insured, such interest in this 142 that the company will not in any case be liable for more than 66 policy may be cancelled by giving to such 143 the sum insured, with interest thereon from the time when the 67 mortgagee a ten days' written notice of cancellation. 144 loss shall become payable, as above provided. 68 Notwithstanding any other provisions of this policy, if this policy 145 Suit. No suit or action on this policy for the 69 shall be made payable to a mortgagee of the covered real estate, 146 recovery of any claim shalt be sustainable in 70 no act or default of any person other than such mortgagee or his 147 any court of law or equity unless all the requirements of this 71 agent or those claiming under him, whether the same occurs be- 148 policy have been complied with, and unless commenced within 72 fore or during the term of this policy, shall render this policy void 149 two years after inception of the loss. 73 as to such mortgagee nor affect such mortgagee's right to recover 150 Subrogation. This company is subrogated to, and may re- 74 in case of loss on such real estate; provided, that the mortgagee 151 quire from party insured an assignment of all 75 shall on demand pay according to the established scale of rates . 152 payment of therefor is any party fc loss to and extent that g 153 payment therefor is made by this company; and the insurer 76 for any increase of risks not paid for by the insured; and when- 154 may prosecute therefor in the name of the insured retaining 77 ever this company shall be liable to a mortgagee for any sum for 155 such amount as the insurer has paid. Page 2 of 2 • Minnesota Manda...ry H 32324 F Endorsement Rev. 10 -82 It is agreed that this policy is amended as follows: 1. Coinsurance Clause: The Coinsurance Clause, as requested by the Named Insured, is contained in and forms a part of this Policy. I A 1 gg>7 Dated 6 `ry y - Named insured 2. Mortgagee Clause: the knowledge of the Insured in obtaining the policy or in pursuing a claim thereunder; When the interest of a mortgagee is insured under this policy, the mortgagee provisions of the Minnesota c) An act or omission of the Insured which Standard Policy are applicable and the Mortgagee materially increased the risk originally accepted; Clause in the form attached is void. d) Physical changes in the insured property 3. Cancellation: which are not corrected or restored within a reasonable time after they occur and which result General Condition 2. "Cancellation" is amended as in the property becoming uninsurable. follows: When this policy has been issued to cover buildings 4. Inspection and Audit: used for residential purposes other than a hotel or General Condition 5. "Inspection and Audit" is motel and has been in effect for at least six months, or amended as follows: if it has been renewed, this policy shall not be cancelled, except for one or more of the following "Three years" is changed to "one year" regarding the reasons which shall be stated in the notice of time in which to examine and audit books and records. cancellation: a) Nonpayment of premium; 5. Any deductible clauses contained in the policy, or any endorsement attached thereto, shall not apply in b) Misrepresentation or fraud made by or with the event of a total loss as respects buildings. Page 1 of 1 110 ME STOCK COMPANY ISSUED BY 001104, HOME DECLARATIONS (continued) SECTION I — ADDITIONAL LOCATIONS ��rPaN�ES NAMED INSURED POLICY NUMBER IST- 8776170 -65613 Description and Location of Property and Operations Covered Location Building Number Number Show location, construction, type of roof, occupancy and type of operations Various Blanket Real and Personal Property as per Schedule on file with: The Home Insurance Company 7600 France Avenue South Minneapolis, MN 55435 SCHEDULE The insurance afforded is only with respect to each coverage for which an Amount of insurance is shown, subject to all the terms of this policy having reference thereto. COVERAGES C —Time Element Location Building A— Building(s) B Personal Property Number Number Amount Amount Amount Aggregate Amount of Each 30 Days Amount Insurance Various S1,048,950, Incl. Nil Nil Nil $ 250. Deductible (applies to Peril(s)Spec .Perils Coverage(s) A & B COINSURANCE APPLIES TO COVERAGE(S) 90% A & B EFFECTIVE DATE OF THIS PAGE AGENT 7 -7 -83 Wherever a policy provision refers to the Declarations, such refer- ence shall also apply to this Declarations Page. H32253F Page 2b • t AGREED AMOUNT OF INSURANCE ENDORSEMENT OM MPAN NAMED INSURED POLICY NUMBER 1ST-8776170-65613 Effective Date of this Endorsement 7-7- Expiration Date of this Endorsement 7 -7 -84 Applies to Coverage(s) Agreed Amount of Insurance A & B (Blanket $1,048,950. With respect only to the Coverages specified above, it is agreed that the application of the Coinsurance Clause in the Conditions Applicable to Section I is suspended in the determination of loss caused by the perils insured against occurring after this endorsement is effective and prior to its expiration date but in no event beyond the expiration date of this policy. While the Coinsurance Clause is suspended the following clause applies: The company shall not be liable for a greater proportion of any loss than the amount applying under this policy to the property involved bears to the agreed amount of insurance for that property as shown above. If the expiration date shown above is not extended by endorsement, the Coinsurance Clause in the Conditions Applicable to Section I is automatically reinstated. H32291F 'INLAND MARINE IM 21414 (Ed. 4 -63) MIST" LANEOUS PROPERTY FLOATER (Attae_ . Scheduled Property Floater Basic Policy) • Attached to and forming part of Policy Number IST- 8776170 -65613 .d to by at its Agency located (city and state) Date 7 -7 -83 I. On the following described property of the Insured or of others in the custody or control of the Insured: Amount of Insurance 9) Miscellaneous Radio Equipment $ 8,307. 2) Miscellaneous Garden Equipment 23,560. 2. THIS POLICY INSURES AGAINST DIRECT 1.055 OR DAMAGE BY: All risk of direct physical loss or damage from any external cause except as hereinafter excluded; each claim for loss or damage shall be adjusted separately and from the amount of each adjusted claim or the applicable limit of liability, whichever is. less, the sum of $100. shall first be deducted and borne by the Insured. "HIS POLICY DOES NOT INSURE AGAINST: (a) Insect, vermin, wear and tear, gradual deterioration or inherent defect, delay or loss of market; (b) Infidelity of Insured's employees or persons to whom the insured property is entrusted, if this policy is written to include theft; (c) Loss or damage due to any process or refinishing, renovating or repairing; (d) Loss or damage due to dampness of the atmosphere or extremes of temperature; (e) Loss or damage due to carelessness or rough handling or disregard of reasonable precautions by the Insured or by the Insured's employees; (f) Mechanical breakdown, or loss or damage resulting from any electrical injury or disturbance to electrical appliances, devices or wiring from artificial causes unless fire ensues and, if fire does ensue, the Company shall be liable only for its propor- tion of loss or damage caused by such ensuing fire; (g) Loss or damage caused by or resulting from: (1) hostile or warlike action in time of peace or war, including action in hind- ering, combating or defending against an actual, impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks et contraband or illegal transportation or trade; (h) Loss if, at the time of loss or damage, there is any other insurance which would attach if rhis insurance had not been effected, except that this insurance shall apply only as excess, and in no event as contributing insurance, and then on!y after all other insurance has been exhausted; (i) Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled. or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggra- vated by the peril(s) insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. 4. This insurance covers only within the limits of the Continental United States and Canada. 5. In event of loss, the Company shall not be liable for a greater proportion thereof than the amount insured bears to the actual value of the property described herein at the time when such loss shall happen. 6. If this policy is canceled by the Insured, the Company shall retain an earned premium of not less than $ which is hereby declared to be the minimum premium for this policy. Agent. • • • rIE HOME INSURANCE COMPANIES (07-si,RANc) ODMPA SPECIAL INLAND MARINE COVERAGE ENDORSEMENT It is agreed that section 1 of the policy, subject to the provisions and stipulations therein, is extended to insure against direct loss to the property covered under the following inland marine form or forms, for the perils as defined and limited therein: ATTACH INLAND MARINE FORMS AND SCHEDULES HERE 1. MACHINERY: In the event of loss of or damage 6. PRIVILEGE TO ADJUST WITH OWNER: In the when com p to machinery consisting, w complete for sale event of any loss of or damage to the property or use, of several parts, this Company shall only of others held by the Insured for which claim is be liable for the value . of the part(s) lost or made upon the Company, the right to adjust such damaged. loss or damage with the owner or owners of the property is reserved to the Company and the 2. LABELS: In the event of loss of or damage to receipt of such owner or owners in satisfaction labels, capsules or wrappers, the loss shall be thereof shall be in full satisfaction of any claim adjusted on the basis of an amount sufficient to of the Insured for which such payment has been pay the cost of new labels, capsules or wrap- made. If legal proceedings be taken to enforce a pers. claim against the Insured as respects any such 3. PAIR, SET or PARTS: In the event of loss of or loss or damage, the Company reserves the right damage to; (a) any article or articles which are at its option without expense to the Insured, to a part of a pair or set, the measure of loss of or conduct and control the defense on behalf of and damage to such article or articles shall be a in the named of the Insured. No action of the reasonable and fair proportion of the total value Company in such regard shall increase the lia- of the pair or set, giving consideration to the bility of the Company under this policy, nor in- importance of said article or articles, but in no crease the limits of liability specified in the event shall such loss or damage be construed to policy. mean total loss of the pair or set; or (b) any part of property covered consisting, when complete for use, of several parts, this 7. RECORDS and INVENTORY: The Insured shall Company shall only be liable for the value keep accurate books, records and accounts in of the part lost or damaged. the following manner: (1) A detailed and itemized inventory record of 4. SUE and LABOR: In the event of loss of or all property covered hereunder shall be damage to the property covered hereunder, it maintained and physical inventory shall be shall be lawful and necessary for the Insured or taken periodically at intervals not more than his or their factors, servants or assigns to sue, twelve months apart; labor and travel for, in and about the defense, safeguard and recovery of the said property or (2) A sec of books showing a complete record of any part thereof without prejudice to this in- the business transacted including all pur- surance or waiver of the Insured's rights here- chases and sales for both cash and credit; under. (3) Detailed records of: (a) the property of 5. CLAIMS AGAINST THIRD PARTIES: In the others in his or their custody and control, event of any loss of or damage to the property (b) all travelers stocks and (c) property sent covered hereunder the Insured shall immediately to others for any purpose; make claim in writing against the carrier(s), (4) All such books, records and accounts shall bailee(s), or others involved. No loss shall be be preserved fcr not less than one year fol- paid or made good if the insured has collected lowing the termination of this policy and any the same from others. renewal thereof. • H 9050 (F) 11/72 PRINTED IN U.S.A. 1 PERILS INSURED AGAINST HOME commas This section contains three parts: Basic Perils Part; Additional Perils Part; and Special Perils Part. These Parts apply only as indicated in the Declarations. BASIC PERILS PART This part applies only with respect to such coverages for which it is made applicable in the Declarations. This policy insures against direct loss to the property covered caused by such of the following perils as are indicated as applicable in the Declarations: 1. Fire and Lightning. or operated under the control of the Named 2. Removal, meaning loss by removal of the property lnsured. 9 Y covered hereunder from premises endangered by The following are not explosions within the intent or the perils insured against, including coverage for meaning of these provisions: 10 days at each proper place to which such (a) shock waves caused by aircraft, generally property shall necessarily be removed for preser- known as "sonic boom "; vation from the perils insured against. (b) electric arcing; 3. Order of Civil Authority, meaning only acts of (c) rupture or bursting of rotating or moving parts destruction ordered by civil authority at the time of of machinery caused by centrifugal force or and for the purpose of preventing the spread of fire, mechanical breakdown; provided that such fire did not originate from any (d) water hammer; peril excluded by this policy. (e) rupture or bursting of water pipes; 4. Windstorm and Hail, excluding loss: (f) rupture or bursting due to expansion or swelling of the contents of any building or structure, (a) caused directly or indirectly by frost or cold caused by or resulting from water; weather or ice (other than hail), snow or sleet, all (g) rupture, ture bursting or operation of pressure P 9 whether driven by wind or not; relief devices. (b) to the interior of the building(s) or the property 6. Riot and Civil Commotion, including direct loss covered therein caused by rain, snow, sand or dust, by acts of striking employees of the owner or all whether driven by wind or not, unless the tenant(s) of the described building(s) while oc- building(s) covered or containing the property cupied said striking employees and direct loss by p y covered shall first sustain an actual damage to roof P y sad g em to e and looting occurring during and at the or walls by the direct action of wind or hail and then from pillage g 9 9 the company shall be liable for loss to the interior of immediate place of a riot or civil commotion. The the building(s) or the property covered therein as company shall not be liable for loss resulting from may be caused by rain, snow, sand or dust, damage to or destruction of the property due to entering the building(s) through openings in the change in temperature or humidity or interruption of operations whether or not such loss is covered roof or walls made by direct action of wind or hail; P (c) by water from sprinkler equipment or other by this policy as to other perils. piping, unless such equipment or piping be 7. Vehicles and Aircraft, meaning only direct loss t damaged as a direct result of wind or hail; resulting from actual physical contact of an aircraft or a vehicle with property covered hereunder or (d ) to outdoor radio and television antennas and with the building(s) containing property ontainin the cov- aerials including their lead -in wiring, masts and towers. ered, and direct loss by objects falling from aircraft, but excluding loss: 5. Explosion, including direct loss resulting from the (a) by any vehicle owned or operated by the explosion of accumulated gases or unconsumed Named Insured or by any tenant of the premises; fuel within the firebox (or combustion chamber) of (b) by any vehicle to outdoor walks, roadways, or any fired vessel or within the flues or passages other paved surfaces, curbs or fences, whether which conduct the gases of combustion therefrom. such items are specifically described in the The company shall not be liable for loss by Declarations or not. explosion of steam boilers, steam pipes, steam The word "vehicle means vehicles running on turbines or steam engines, if owned by, leased by land or tracks but not aircraft. The word "aircraft" H33365F Ed. 12/80 Page 5 shall include self - propelled missiles and space- (b) by pilferage, theft, burglary or larceny; craft. (c) by explosion of steam boilers, steam pipes, 8. Smoke, meaning thereby only sudden and acci- steam turbines or steam engines, if owned by, dental discharge of smoke from other than indus- leased by, or operated under the control of the trial operations or agricultural smudging. Named Insured or by rupture or bursting of rotating or moving parts of machinery caused by centrifugal 9. Vandalism and Malicious Mischief, meaning force or mechanical breakdown; only the wilful and malicious damage to or (d) from depreciation or deterioration; nor, unless destruction of the property covered, including specifically endorsed, for any loss resulting from damage to the building(s) covered caused by change in temperature or humidity; burglars in gaining entrance to or egress from such building(s) or any other part thereof, but excluding (e) at any location described while all building(s) loss: at such location had been vacant beyond a period (a) to glass (other than glass building blocks) of 30 consecutive days immediately preceding the constituting a part of the building or an outside loss. sign; ADDITIONAL PERILS PART This part applies only with respect to such coverages for which it is made applicable in the Declarations. This policy is extended to insure against direct loss to the property covered caused by such of the following additional perils as are indicated as applicable in the Declarations: 10. Sonic Boom. appurtenances, retaining walls not constituting a 11. Failing Objects, but excluding loss: part of the building(s), whether such property is specifically described in the Declarations or not; or (a) to the interior of the building(s) or the property shrinkage, bulging covered therein, caused by falling objects unless (b ) by settling, cracking, g , g g or the building(s) covered or containing the property expansion of pavements, patios, foundations, covered shall first sustain an actual damage to the walls, floors, roofs, or ceilings. exterior of the roof or wails by the falling object; or 14. Electrical Injury, meaning sudden and accidental (b) to personal property in the open. injury or disturbance to electrical appliances, devices or wiring caused by abnormal electrical 12. Weight of Ice, Snow or Sleet, which results in current changes originating off premises, or orig- physical injury to the building(s) covered or inating on premises from public utility -owned containing the property covered, but excluding equipment which is not under the control of the loss, except as the direct result of the collapse of a Named Insured, but excluding loss to data pro- building(s) to awnings, gutters, downspouts, out- cessing systems including equipment and compo- door radio and television antennas and aerials nents thereof, scientific instruments, testing equip- including their lead -in wiring, masts and towers, ment, television cameras and picture tubes or any outdoor signs, fences, swimming pools, walks, property involved in any test, experiment or roadways or other paved surfaces, curbs, piers, research project. bulkheads, wharves or docks, beach or diving platforms or appurtenances, retaining walls not 15. Breakage of Glass, constituting a part of the constituting a part of the building(s), or outdoor building(s) covered hereunder, but excluding loss equipment whether such property is specifically at any location described while all buildings at such described in the Declarations or not. location had been vacant beyond a period of 30 consecutive days immediately preceding the loss. 13. Collapse of Building(s) or Any Part Thereof, but The company shall not be liable for more than excluding loss except as the direct result of the $100 per plate, pane, multiple plate insulating unit, collapse of a building(s), radiant heating panel, jalousie, louver or shutter, (a) to awnings, gutters, downspouts, outdoor nor for more than $500 in any one occurrence. radio and television antennas and aerials including their lead -in wiring, masts and towers, outdoor 16. Limited Machinery Breakage, meaning damage signs, fences, swimming pools, walks, roadways or resulting from the sudden and accidental breaking other paved surfaces, curbs, piers, bulkheads, of an electrical or non - electrical machine into two wharves or docks, beach or diving platforms or or more separate parts, but excluding the cost of Page 5a r 11Q■ repairing or replacing the electrical or non - electri- required to effect repairs to the system or ap cal machine, and, in the event any Business pliance from which the water or steam escapes. Income, Earnings, Extra Expense, Rents or any The following are excluded: other indirect or interruption of operations coverage (a) loss resulting from discharge or leakage of is afforded, loss under such coverages resulting water or steam from any plumbing system located from the impairment of such electrical or non- underground outside the perimeter of building electrical machine. walls; 17. Limited Boiler Explosion, meaning damage (b) the cost of repairing or replacing the system resulting from the sudden and accidental tearing or appliance from which the water or steam asunder of a steam or hot water heating, process- escapes; ing or storage system caused by pressure of water (c) loss resulting from freezing while the de- or steam therein, but excluding: scribed building(s) is vacant or unoccupied, unless (a) the cost of repairing or replacing the heating, the Named Insured shall have exercised due processing or storage system, and, in the event diligence with respect to maintaining heat in the any Business Income, Earnings, Extra Expense, building(s), or unless the plumbing and heating Rents or any other indirect or interruption of systems and domestic appliances had been operations coverage is afforded, loss under such drained and the water supply shut off during such coverages resulting from the impairment of such vacancy or unoccupancy; heating, processing or storage system; or (d) loss if the damaged building(s), or building(s) (b) loss resulting from freezing while the de- containing the damaged property, had been vacant scribed building(s) is vacant or unoccupied unless beyond a period of 30 consecutive days imme- the Named Insured shall have exercised due diately preceding the loss; diligence with respect to maintaining heat in the (e) loss to the building(s) caused by continuous building(s), or unless the heating, processing or or repeated seepage or leakage which occurs over storage system had been drained and the water a period of weeks, months, or years; or supply shut off during such vacancy or unoccu- (f) discharge or leakage of water or steam from panty. within an automatic sprinkler system. The term 18. Limited Water Damage, meaning damage caused "Automatic Sprinkler System" means any auto - by the accidental discharge or leakage of water or matic fire protective system including sprinklers, steam from within a plumbing, heating or air discharge nozzles and ducts, pipes, valves, fit - conditioning system or domestic appliance when tings, tanks (including component parts and sup - such discharge or leakage is the direct result of the ports thereof), pumps and private fire protection breaking or cracking of any pipes, fittings, parts, or mains, all connected with and constituting a part of fixtures forming a part of such system or ap- an automatic fire protective system; and non - pliances. This includes the cost of tearing out and automatic fire protective systems, hydrants, stand - replacing any part of the building(s) covered pipes or outlets supplied from an automatic fire protective system. SPECIAL PERILS PART This part applies only with respect to such coverages for which it is made applicable in the Declarations. This policy insures against ALL RISKS OF DIRECT PHYSICAL LOSS TO THE PROPERTY COVERED HEREIN. REMOVAL OF THE PROPERTY COVERED HEREUNDER FROM PREMISES ENDANGERED BY A PERIL NOT EXCLUDED, including coverage for 10 days at each proper place to which such property shall necessarily be removed for preservation from or for repair of damage caused by a peril not excluded, is also insured against hereunder. Named Peril, as used herein means: Fire; Ligrtning; Windstorm; Hail; Explosion; Riot; Civil Weight of Ice, Snow or Sleet; Collapse of building(s) or Commotion; Vehicles; Aircraft; Smoke; Sprinkler Leak- structure(s); and Collision, Derailment or Overturning of age and accidental discharge of fire protective equip- a transporting conveyance. ment; Vandalism and Malicious Mischief; Sonic Boom; • H33365F Ed. 12/80 Page 5b EXCLUSIONS A. The "GENERAL EXCLUSIONS (Applicable to Sec- pavements, foundations, walls, floors, roofs or ceilings; tion 1)" apply to this part with the following 2. Vandalism, malicious mischief, theft or attempted amendments: theft, if the described building(s) had been vacant 1. Exclusion 2. is amended to read as follows: beyond a period of 30 consecutive days immediately 2. caused by, resulting from, contributed to preceding the loss; or aggravated by any of the following: 3. Unexplained or mysterious disappearance of (a) earth movement, including but not property (except property in the custody of carriers for limited to earthquake, landslide, hire); or by shortage of property disclosed on taking mudflow, earth sinking, earth rising or inventory; shifting; 4. Voluntary parting with title to or possession of (b) flood, surface water, waves, tidal any property by the Named Insured or others to water or tidal wave, overflow of streams whom the property may be entrusted (except or other bodies of water or spray from carriers for hire) if induced to do so by any fraudulent any of the foregoing, all whether driven scheme, trick, device or false pretense; by wind or not; 5. Any fraudulent, dishonest or criminal act done (c) water which backs up through by or at the instigation of any Named Insured, sewers or drains; partner or joint, adventurer in or of any Named (d) water below the surface of the Insured, or an officer, director or trustee of any ground including that which exerts pres- Named Insured; pilferage, appropriation or conceal- sure on or flows, seeps or leaks through ment of any property due to any fraudulent, sidewalks, driveways, foundations, dishonest or criminal act of any employee while walls, basement or other floors, or working or otherwise, or agent of any Named through doors, windows or any other Insured, or any person to whom the property may be openings in such sidewalks, driveways, entrusted, other than any carrier for hire; foundations, walls or floors; 6. Theft, including attempt thereat, from any unless Toss by fire or explosion ensues, the vehicle, occurring while such vehicle is unattended company shall then be liable only for such (unless the property is contained in a fully enclosed ensuing loss; but this exclusion shall not and securely locked body or compartment and loss apply: to property in due course of transit; results from forcible entry, evidenced by visible loss caused by removal; and to loss arising marks). This exclusion shall not apply to property in from theft or loss caused by accidental the custody of carriers for hire. Property shall not be discharge from water supply mains or fire considered unattended when the Named Insured is hydrants; required to surrender the keys of such vehicle to a 2. Exclusion 5. does not apply to loss resulting from bailee; any electrical injury or disturbance to electrical appliances, devices or wiring (other than data process- 7. Breakage of glass, glassware, statuary, mar - a systems bles, bric -a -brac, porcelains and similar articles of a g y stems inc o g equipment and components fragile or brittle nature unless caused by a Named thereof, scientific instruments, testing equipment, Peril or Theft or attempt thereat. This exclusion shall television cameras and picture tubes or any property not apply to: (a) bottles or similar containers of involved in any test, experiment or research project) property for sale, or sold but not delivered; glass caused by abnormal electrical current changes orig- building blocks; nor (b) lenses of photographic or inating off premises, or originating on premises from public utility-owned equipment which is not under the scientific instruments; control of the Named Insured. 8. Breakage, scratching, chipping or denting of B. This part does not insure against loss by: patterns, dies, molds, jigs, models and forms, unless caused by a Named Peril or Theft or attempt 1. Inherent vice; latent defect; rust or corrosion; wear thereat; and tear; deterioration; faulty materials or workman- 9. Any legal proceeding. ship; mechanical breakdown; marring or scratching; animals, pets; moths, vermin, termites or other insects; C. This part does not insure against loss to: smog; smoke, vapor or gas from agricultural or 1. Plumbing, heating or air conditioning systems or industrial operations; wet or dry rot; mould; change in other equipment or appliances (except fire protec- flavor, color, texture or finish; changes in temperature; tive systems), or for Toss by leakage or overflow from dampness or dryness of atmosphere; contamination; such systems, caused by or resulting from freezing settling, cracking, shrinkage, bulging or expansion of while the described building(s) is vacant or unoc- Page 6 cupied, unless the Named Insured shall have 2. Jewelry and watches, watch movements, jew- els, pearls, precious and semi - precious stones, exercised due diligence with respect to maintaining gold, silver, platinum and other precious alloys or metals are covered, for not exceeding loss in the heat in building(s) h been drained and the Swaternsupply g ate of v ered, i for no one occurrence. Th appliances such vacancy had aggregate shut Live d or unoccupancy; limitation shall not apply to jewelry and watches 2. Live animals and pets, except when held for valued at $25 or less per item; s are sale or sold but not delivered, and then only against 3 Patterns, dies, molds, models and foe ate of death or destruction resulting from or made neces- covered, for not exceeding loss in the agg 9 sary by a Named Peril or Theft or attempt thereat; 3. Trees, shrubs and plants within building(s), $1,000 in any one occurrence. unless caused by a Named Peril or Theft or attempt E. This part does not insure ag ainst toss: thereat; � es, steam turbines 1. to steam boilers, steam pip _ , rupture, 4. Personal Property involved in any test, experi- bulging, a or explosion yobginating the ein, ment or research project, unless caused by other than direct loss resulting from explosion of Named Peril or Theft or attempt thereat; 5. Personal P accumulated gases or unconsumed fuel within the property caused firebox or combustion chamber of any fired vessel or p in the custody y ustody of f carriers for hire), the open (other than within the flues or passages which conduct the 6 y rain, snow or sleet; in process of con- gases of combustion therefrom; meat for unless c, s Building(s) n or structure(s) materials s) p and supplies therefor, 2. to hot water boilers or to other equip including heating water, caused by any condition or occur - 7. Any property undergoing alterations, repairs, unless caused b by y materials a Named Peril; recce within such boilers or equipment, other than explosion; installations, servicing or other work, including e . to machines and machinery caused by rupture, materials and supplies therefor, if directly attribut- able to the operations or work being performed bursting or disintegration of their rotating or moving thereon, unless loss not otherwise excluded in this f oarts resulting from centrifugal or reciprocating rce; part ensues, and then the company shall be liable 4. (applicable only if specified in the Declaration) for only such ensuing loss; to properly covered under this policy caused by: 8. Awnings, gutters, downspouts, outdoor radio bursting, rupture, bulging, cracking or explosion originating in steam boilers, steam pipes, steam and television antennas and aerials including their (1) lead -in wiring, masts and towers, outdoor signs, fences, swimming pools, walks, roadways or other turbines and steam engines; aved surfaces, curbs, piers, bulkheads, wharves or (2) any condition or occurrence within hot water P appurtenances, boilers or other equipment for heating water; docks, beach or diving platforms or app (3) rupture, bursting or disintegration of rotating or retaining walls not constituting a part c the build- - moving parts i of machines and machinery result - s crib , whether such property is specifically de- scribed in the Declarations or not (except products ing from centrifugal or reciprocating force; provided such boilers and machinery are owned by, h f e lde d for sad I le or a l iv manufacture or stock being or operated under the control owned the hlr sa or delivery after sale), caused by leased by freezing, thawing, ice, snow or sleet; Named Insured. 9. Building(s) caused by continuous or repeated F re of Glass lass con - seepage or leakage of water or steam from within a B Breakage of against breakage of g plumbing, heating or air conditioning system or from stituting a part of the building(s) covered. within a domestic appliance which occurs over a kage of glass is: ebr Loss by a period of weeks, months or years. L L , liby br a not more than $100 per plate, pane, D. Under this part, loss to the following property is multiple plate insulating unit, radiant heating panel, subject to these additional limitations unless such jalousie, louver or shutter nor for more than $500 in loss is caused by a Named Peril: the aggregate in any one occurrence; 1. Fur and fur garments are covered, for not 2. excluded at any location while all building(s) at exceeding loss in the aggregate of $1,000 in any such location had been vacant beyond a period of 30 one occurrence; • Page 6a H33365F Ed. 12/80 consecutive days immediately preceding the Toss; Mischief. but 1. and 2. shall not apply if loss is caused by a The Exclusions under 8. do not apply to this IN Named Peril other than Vandalism and Malicious coverage. THEFT DAMAGE If Personal Property is covered hereunder, but covered hereunder, subject to the terms of this part building(s) are not covered, loss directly resulting but only if the Named Insured is the owner of such from theft (including attempt thereat) to that part of building or is liable for such damage. the building occupied by the Named Insured is also Page 6b ` ASUAANC F \ "'� GENERAL EXCLUSIONS HOME • (Applicable to Section I) commas . The company shall not be liable for toss: or "smoke ". This clause applies to all perils insured 1. occasioned by enforcement of any ordinance or law against hereunder except the perils of fire and light regulating the use, construction, repair or demolition Wing which are otherwise provided for in the nuclear of building(s) or other property unless such liability is clause elsewhere in this policy; specifically assumed by endorsement hereon; 4. caused, directly or indirectly, by or due to any act or condition incident to the following: 2. caused by, resulting from, contributed to or aggra- vated by any of the following: (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defend - (a) earth movement, including but not limited to ing against an actual, impending or expected attack earthquake, landslide, mudflow, earth sinking, (i) by any government or sovereign power (de jure earth rising or shifting; or de facto), or by any authority maintaining or us- ing military, naval or air forces; or (ii) by military, (b) flood, surface water, waves, tidal water or tidal naval or air forces; or (iii) by an agent of any such wave, overflow of streams or other bodies of water government, power, authority or forces, it being or spray from any of the foregoing, all whether understood that any discharge, explosion or use of driven by wind or not; any weapon of war employing nuclear fission or (c) water which backs up through sewers or drains; fusion shall be conclusively presumed to be such a hostile or warlike action by such a government, (d) water below the surface of the ground including power, authority or forces; that which exerts pressure on or flows, seeps or (b) insurrection, rebellion, revolution, civil war, leaks through sidewalks, driveways, foundations, usurped power, or action taken by governmental walls, basement or other floors, or through doors, authority in hindering, combating or defending windows or any other openings in such sidewalks, against such an occurrence; seizure or destruction driveways, foundations, walls or floors; under quarantine or custom's regulations, confis- • cation by order of any government or public au- unless loss by fire or explosion ensues, the company thority, or risks of contraband or illegal transporta- shall then be liable only for such ensuing Toss; but this exclusion shall not apply: to property in due course of tion or trade; transit; or to loss caused by removal; 5. resulting from any electrical injury or disturbance 3. by nuclear reaction or nuclear radiation or radio- to electrical appliances, devices or wiring caused by active contamination, all whether controlled or uncon electrical currents artificially generated unless fire or trolled, or due to any act or condition incident to any of explosion as covered hereunder ensues, and the com- the foregoing, whether such loss be direct or indirect, pany shall then be liable only for such ensuing loss; proximate or remote, or be in whole or in part caused but this exclusion shall not apply: by, contributed to, or aggravated by any of the perils (a) to loss caused by removal; or insured against by this policy; and nuclear reaction or nuclear radiation or radioactive contamination, all (b) to the peril of Electrical Injury in the Additional whether controlled or uncontrolled, is not "explosion" Perils Part. DEDUCTIBLE The following deductible applies only when specified in the Declarations: With respect to loss by a peril to which this deductible is deductible amount shown in the Declarations, for such made applicable in the Declarations, the company shall be peril, and then only for toss in excess thereof. liable only when such loss in each occurrence exceeds the H33365F Ed. 12/80 Page 7 CON[ DNS APPLICABLE TO SECTION 1. Abandonment Of Property: The company n eed no P Y not 5. Coinsurance Clause: (Applicable to those cover- accept any property abandoned by a Named ages or items thereunder for which a percent is Insured. shown in the Declarations except such coverages 2. Alterations, Repairs and New Construction: Per- or endorsements made a part of this policy which contain separate coinsurance provisions.) mission is granted to make alterations and repairs and to construct additions to building(s) and The company shall not be liable for a greater pro structure(s) described in the Declarations, and to Portion of any loss or damage to the property erect new building(s) and structure(s) at the Iota described herein than the amount of insurance tion(s) described in the Declarations. bears to the percent specified in the Declarations Subject to all its provisions and stipulations this of the actual cash value of said property at the time such loss shall happen. policy is extended to cover such alterations, re- As r pairs and new construction during the period of respects property at any locations not own P Y owned, construction and after completion, including leased, operated or regularly used by the Named building materials and supplies Insured, as specified i ies therefor while P in the De Pp hi a at Declarations, the com - the described location or within 100 feet thereof. pany shall not be liable for a greater proportion If this policy covers other property, it shall be of any loss at the location where the loss occurs extended to cover such property in such addition than the aggregate amount of i P rtY s, insurance at all building(s) and structure(s). such locations bears to the coinsurance percent- age specified in the Declarations of Except as otherwise provided in the Extensions of cash value the actual u e of all property covered at all such loca- Coverage, the inclusion of the above r o ert shall P P Y a l tions at the time of loss. not operate to increase the amount of insurance applicable under this policy. In the event that the aggregate claim for any loss is both less than $10,000 5% of 0 00 • $ 0 and less than 5 /o 3. Appraisal: If the Named Insured and the company the total amount of insurance upon the property fail to agree on the amount of the loss, either can described herein at the time such loss occurs, no demand that the amount of loss be set by appraisal. special inventory or appraisement of the undam If either party makes a written demand for ap- aged property shall be required, provided, how- . praisal, each shall select a ever, tha nothing herein competent independent g n shall be P P t construed to appraiser. Each shall notify the other of the waive application of the first paragraph of this selected appraiser's identity within 20 days of the clause. receipt of the written demand. If the insurance under this policy be divided into tw The two appraisers shall select a competent, im two or more items, the foregoing shall apply P g g pp y to partial umpire. If the appraisers are unable to each item separately. agree upon an umpire within 15 days, the Named Insured or the company may petition a judge of a 6. Company Options: If the company gives notice Court of Record in the state where the insured within 30 days after it has received a signed, sworn premises is located to select an umpire. statement of loss, it shall have the option to take all or arty part of the property damaged at The appraisers shall then set the amount of the an agreed value, or to repair, rebuild or replace loss. If the appraisers submit a written report of it with equivalent property. an agreement to the company, the amount agreed upon shall be the amount of the loss. If the ap- 7. Control of Property: This insurance shalt not be praisers fail to agree within a reasonable time, they prejudiced: shall submit their differences to the umpire. Writ- ten agreement signed by any two of these three (a) by any act or neglect of any person (other than shall set the amount of loss. the Named Insured) when such act or neglect is not within the control of the Named insured; Each appraiser shall be paid by the party selecting that appraiser. Other expenses of the appraisal (b) by failure of the Named Insured to comply with and compensation of the umpire shall be paid any warranty or condition contained in any form equally by the Named Insured and the company. or endorsement attached to this policy with regard to any portion of the premises over which the 4. Benefit to Bailee: This insurance shall not inure, Named Insured has no control; directly or indirectly, to the benefit of any carrier (c) if a condominium property, by any act or ne- or other bailee. glect of any occupants or owners of the buildings) Page 8 when such act or negle not within the control 11. Mortgag(Iause— Applicable Only To Buildings: of the Named Insured (o nit- Owners collective- This clau. e is effective if a mortgagee is named ly), or by failure of the Named Insured (or Unit- in the Declarations. The word "mortgagee" in- Owners collectively) to comply with any warranty cludes "trustee ". Loss to buildings shall be pay - or condition with regard to any portion of the able to the named mortgagee as interest may ap premises over which the Named Insured (or Unit pear, under all present or future mortgages on the Owners collectively) have no control. buildings described in the Declarations in order of precedence of mortgages on them. 8. Duties Of The Named Insured After A Loss: In case of loss the Named Insured shall: As it applies to the interest of any mortgagee desig- nated in the Declarations, this insurance shall not (a) give immediate written notice of such loss to be affected by any of the following: the company; (b) protect the building and personal property (a) any act or neglect of the mortgagor or owner of the described buildings; from further damage, make reasonable temporary repairs required to protect the property, and keep (b) any foreclosure or other proceedings or notice an accurate record of repair expenditures; of sale relating to the property; (c) prepare an inventory of damaged personal (c) any change in the title or ownership of the property showing in detail, quantity, description, property; actual cash value and amount of loss. Attach to (d) occupancy of the premises for purposes more the inventory all bills, receipts and related docu- hazardous than are permitted by this policy; ments that substantiate the figures in the inven- tory; provided, that in case the mortgagor or owner shall (d) exhibit the remains of the damaged property neglect to pay any premium due under this policy, as often as may be reasonably required by the the mortgagee shall, on demand, pay the premium. company; The mortgagee shall notify the company of any (e) submit to examination under oath; change of ownership or occupancy or increase of (f) hazard which shall come to the knowledge of the t) submit to the company within 60 days after requested mortgagee. Unless permitted by this policy, such equested a signed, sworn statement of loss that • sets forth to the best of the Named Insured's change of ownership or occupancy or increase of knowledge and belief: hazard shall be noted on the policy and the mort- gagee shall on demand pay the premium for the (1) the time and cause of loss; increased hazard for the term it existed under this (2) interest of the Named Insured and all others policy. If such premium is not paid, this policy in the property involved and all encumbrances shall be null and void. on the property; The company reserves the right to cancel this pol- (3) other policies of insurance that may cover icy at any time as provided by its terms. If so can - the loss; celled, this policy shall continue in force for the (4) changes in title or occupancy of the prop- benefit only of the mortgagee for 10 days after erty during the term of the policy; notice to the mortgagee of such cancellation and shall then cease. The company shall have the right (5) specifications of any damaged building and to cancel this agreement on 10 days notice to the detailed estimates for repair of the damage; mortgagee. (6) an inventory of damaged personal property When the company shall pay the mortgagee any described in (2) above; sum for loss under this policy, and shall claim that, (g) give notice of such loss to the proper police as to the mortgagor or owner, no liability therefor authority if loss is due to a potential violation of law. existed, the company shall, to the extent of such In the event of a Time Element Toss, also refer to payment, be thereupon legally subrogated to all Condition 20., Requirements in Case of Time the rights of the mortgagee to whom such payment Element Loss. shall have been made, under the mortgage debt. In lieu of taking such subrogation, the company 9. Glass Replacement: Loss for breakage of glass may, at its option, pay to the mortgagee the whole covered by this policy shall be settled on the basis principal due or to grow due on the mortgage, with of replacement with safety glazing materials when interest accrued and shall thereupon receive a full this replacement is required by ordinance or law. assignment and transfer of the mortgage and of all such other securities. However, no subrogation 10. Losses: Any loss hereunder shall not reduce the shall impair the right of the mortgagee to recover amount of this policy. the full amount of said mortgagee's claim. H33365F Ed. 12/80 Page 9 As respects a condominium pro y: 15. Policy Period; •itory: This policy applies only' (1) any loss covered under Coverage A of this to loss to property during the policy period while , policy and payable to the mortgagee(s) named the property is located within the United States of in this policy shall be paid to the Insurance America and in transit within, and between the 48 Trustee; contiguous states of the United States of America, Alaska, the District of Columbia, and between such ' (2) such payment to the Insurance Trustee shall places and Canada. constitute a complete discharge of the com- pany's liability under this olic for such loss; 16. Privilege To Adjust P Y g ) st With Owner: (3) in the event this policy is cancelled at any (a) Except as provided in (b) below, or unless an time by either the company or the Insurance other payee is specifically named in this policy, Toss, if an shall be Trustee Y. adjust teas provided adjusted with p ded by its terms, this insurance 1 th and payable to e shall the N ame d Insure The Na a continue in force, only for the benefit Named Insured ma at Y e tof Y, the named mortgagee(s), for 10 days after no- his option designate a representative in the adjust tice of cancellation to such mortgagee(s) and ment and may authorize payment to others. then shall cease. (b) In the event claim is made for loss or damage to property of others held by the Named Insured, 12. Nuclear Clause (Not Applicable in New York): The the right to adjust such loss or damage with the word "fire" in this policy is not intended to and owner or owners of the property is reserved to the does not embrace nuclear reaction or nuclear ra company and the receipt of payment by such owner diation or radioactive contamination, all whether or owners in satisfaction thereof shall be in full controlled or uncontrolled, and loss by nuclear re- satisfaction of any claim of the Named Insured for which such payment has been m action or nuclear radiation or radioactive contami- made. nation is not intended to b e and is not insured If legal ed g proceedings be taken to enforce a claim against by this policy, whether such Toss be direct against the Named Insured as respects any such or indirect, proximate or remote, or be in whole or loss or damage, the company reserves the right at in part caused by, contributed to, or aggravated by its option without expense to the Named Insured "fire" or any other perils insured against by this to conduct and control the defense on behalf of policy. However, subject to the foregoing and all and in the name of the Named Insured. No action provisions of this policy, direct Toss by "fire" re- of the company in such regard shall increase the 0 sulting from nuclear reaction or nuclear radiation liability of the company under this policy, nor in- or radioactive contamination is insured against by crease the limits of liability specified in the policy. this policy. 17. Recoveries: In the event the company has made a 13. Other Insurance: payment for loss under this policy and a subse quent recovery is made of the lost or damaged (a) If at the time of loss there is other insurance property, the Named Insured shall be entitled to written in the name of the Named Insured upon the all recoveries in excess of the amount paid by the same plan, terms, conditions and provisions as company, Tess only the actual cost of effecting contained in this policy, herein referred to as Con- such recoveries. tributing Insurance, the company shall be liable for no greater proportion of any loss than the limit 18. Repair of Damaged Property: Permission is granted of liability under this policy bears to the whole in the event of loss hereunder, to make reasonable amount of insurance covering such loss. repairs, temporary or permanent, provided such (b) If at the time of loss there is other insurance repairs are confined solely to the protection of the other than that as described in (a) above, the com property from further damage, and provided fur- pang shall not be liable for any loss hereunder they that the Named Insured shall keep an accurate until: record of such repair expenditures. The cost of any such repairs directly attributable to damage (1) the Liability of such other insurance has by any peril insured hereunder shall be included been exhausted, and in determining the amount of loss hereunder. Nothing herein contained is intended to modify (2) then for only such amount as may exceed the policy requirements applicable in case loss the amount due from such 'other insurance, occurs, and in particular the requirement that, in whether collectible or not, case loss occurs, the Named Insured shall protect 14. Payment Of Loss: The company will pay all ad- the property from further damage. 0 justed claims within 30 days after presentation 19. Replacement Cost: Unless otherwise provided in and acceptance of the proof of loss. the Declarations, this provision applies only to Page 10 Building(s) covered and overage A or Improve- such 'operty on the same premises and in- ments and Betterments .:ivered under Coverage tend'e_ or the same occupancy and use; B, when comprising a part of a building. whether the Named Insured qual- (3) The amount actually and necessarily ex- In determining q pended in repairing or replacing said property ifies for this provision and in the application of or any part thereof intended for the same occu- the Coinsurance Clause, those items mentioned pancy and use. hereunder as not being subject to this Replace- ment Cost provision shall be valued on an Actual D.1. Replacement Cost Stated In The Declara- Cash Value basis. tions: This provision does not apply to carpeting, cloth With respect to property covered under any awnings and domestic appliances all whether or coverage or item for which the term "replace - not such property is included under Coverages ment cost" is specifically stated in the Declara- A and B. tions, the term "replacement cost" is substituted for "actual cash value" wherever it appears in If this provision applies to Coverage B, the follow- this policy, thereby eliminating any deduction ing property will not be covered on a replace- for depreciation. ment cost basis: 2. Replacement Cost Not Stated In The Declara- (1) stock (raw, in process or finished) or mer- tions: chandise, including materials and supplies in connection therewith; a. The amount of insurance necessary to qualify for replacement cost will be deter - (2) property of others; mined as follows: (3) household furniture or residential contents; Multiply the coinsurance percentage specified (4) books of account, abstracts, manuscripts, in the Declarations (or 90% when the coin - drawings, card index systems and other records surance clause is not applicable) times the (including film, tape, disc, drum, cell and other actual cash value of the insured property. The magnetic recording or storage media); amount of insurance applicable to such prop- erty must at least equal this amount. (5) paintings, pictures, tapestries, statuary, marbles, bronzes, antique furniture, rare books, b. If the Named Insured qualifies, the com - antique silver, porcelains, rare glassware and pany's liability for loss shall be determined bric -a -brac, or other articles of art, rarity or as follows: antiquity. (i) Full cost of repair or replacement (without deduction for depreciation) when A. The Named Insured may elect to disregard this the following occurs: Multiply the coinsur- replacement cost provision in making claim here- ance percentage specified in the Declara- under, but such election shall not prejudice the tions (or 90% when the coinsurance clause Named Insured's right to make further claim with- is not applicable) times the replacement in a reasonable time after loss for any additional cost of the insured property. The amount of liability brought about by this replacement cost insurance applicable to such property must provision. at least equal this amount; or B. The company shall not be liable under this pro- (ii) If the amount of insurance is less than vision unless and until the damaged or destroyed the amount determined in b.(i), the Named property is actually repaired or replaced with due Insured shall receive the larger of the fol- diligence and dispatch, and in no event unless lowing: repair or replacement is completed within a rea- (a) the actual cash value of the dam - sonable time after such loss. aged or destroyed property; or C. Limit of the Company's Liability: The com- (b) that proportion of the full cost of pany's liability for loss under this replacement cost repair or replacement (without deduc- provision shall not exceed the smallest of the fol- tion for depreciation) that the amount lowing amounts: of insurance carried bears to the amount (1) The limit of liability of this policy applicable determined in b.(i). to the damaged or destroyed property; 20. Requirements in Case of Time Element Loss: The (2) The replacement cost of the property cov- Named Insured shall give immediate written notice ered hereunder or any part thereof identical with to the company of any loss covered by this policy H33365F Ed. 12/80 Page 11 involving interruption of operatic 'nd protect the bills, invoices other vouchers, or certified property from further damage that might result in copies thereof if originals be lost, at such reason- extension of the period of time for which the com- able time and place as may be designated by the pany may be liable; and within 60 days following company or its representative, and shall permit the date of damage to or destruction of the real or extracts and copies thereof to be made. personal property described, unless such time is 21. Suit: No suit shall be brought on this policy unless extended in writing by the company, the Named the Named Insured has complied with all the policy Insured shall render to the P P Y t company a proof of loss, P commenced provisions and has com e suit i signed and sworn to by the Named Insured, stating the su t with n one a and belief of the Named Insured as year after the loss occurs. the knowledge to the following: 22. Vacancy, Unoccupancy and Increase of Hazard: (a) the time and origin of the property damage or destruction causing the loss, Permission is 9 rante d for: (b) the interest of the Named Insured and of all (a) the described building( s) to be vacant or others in the enterprise, unoccupied without limit ui unit of time, ,except as provided (c) all other contracts of insurance, whether valid elsewhere in this policy. "Vacant" or "Vacancy" or not, covering in any manner the loss insured means containing no contents pertaining to opera - against by this policy , tions or activities customary to occupancy of the Y P Y building, ut a building g in process of construction (d) any changes in the title, nature, location, en- shall not be deemed vacant. cumbrance or possession of said enterprise since the issuing of this policy, and (b) increased hazards and for change in use or occupancy. (e) by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of damage or destruction, 23. Valuation of Property: Unless otherwise provided, property shall be valued at actual cash value at and shall furnish a copy of all the descriptions and the time of loss, but not exceeding the amount schedules in all policies, and the actual amount of which it would cost to repair or replace the property value and loss claimed, accompanied by detailed with material of like kind and quality within a rea- exhibits of all values, costs and estimates upon sonable time after such loss, nor in any event for which such amounts are based. The Named In- more than the interest of the Named Insured. sured, as often as may be reasonably required, shall exhibit to any designated by the 24. Work an g Y P erson g t e com an and Materials: Permission is granted for such Y company all that remains of n a roe herein describe use of the r Y property rtY d, premises as is usual and incidental to and submit to examinations under oath by any per- the occupancy as herein described and to keep and son named by the company, and subscribe the use all such appliances, devices and materials in same; and, as often as may b reasonably ably required, such quantities as are usual and incidental to such shad produce for examination all books of account, occupancy. Page 12 --. osuRgNc I .bVISIONS APPLICABLE TO .:CTION II HOME coMP,,,as GENERAL LIABILITY 0 COVERAGE E— COMPREHENSIVE GENERAL LIABILITY— ing activity or in practice or preparation for any BODILY INJURY LIABILITY AND such contest or activity or (2) the operation or use PROPERTY DAMAGE LIABILITY COVERAGES of any snowmobile or trailer designed for use there with; L The company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as (d) to bodily injury or property damage arising out damages because of of and in the course of the transportation of mobile equipment by an automobile owned or operated by bodily injury or or rented or loaned to any Insured; property damage (e) to bodily injury or property damage arising out to which this insurance applies, caused by an occurrence, of the ownership, maintenance, operation, use, and the company shall have the right and duty to defend loading or unloading of any suit against the Insured seeking damages on account (1) any watercraft owned or operated by or of such bodily injury or property damage, even if any of the rented or loaned to any Insured, or allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any ( any other watercraft operated by any per - claim or suit as it deems expedient, but the company shall son in the course of his employment by any not be obligated to pay any claim or judgment or to defend Insured; any suit after the applicable limit of the company's liability but this exclusion does not apply to watercraft while has been exhausted by payment of judgments or settle- ashore on premises owned by, rented to or con - ments. trolled by the Named Insured; Exclusions (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of ' This insurance does not apply: smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or (a) to liability assumed by the Insured under any other irritants, contaminants or pollutants into or contract or agreement except an incidental con- upon land, the atmosphere or any water course or tract; but this exclusion does not apply to a war- bod y pp of water; but this exclusion does not a 1 if ranty of fitness or quality of the Named Insured's y such discharge, dispersal, release or escape is sud- products or a warranty that work performed by or den and accidental; on behalf of the Named Insured will be done in a workmanlike manner; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, re- (b) to bodily injury or property damage arising out bellion or revolution or to any act or condition in- of the ownership, maintenance, operation, use, cident to any of the foregoing, with respect to loading or unloading of (1) liability assumed by the Insured under an (1) any automobile or aircraft owned or oper- incidental contract, or ated by or rented or loaned to any Insured, or (2) expenses for first aid under the Supple - (2) any other automobile or aircraft operated mentary Payments provision; by any person in the course of his employment by any Insured; (h) to bodily injury or property damage for which the Insured or his indemnitee may be held liable but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or (1) as a person or organization engaged in the controlled by the Named Insured or the ways im- business of manufacturing, distributing, selling mediately adjoining, if such automobile is not or serving alcoholic beverages, or owned by or rented or loaned to any Insured; (2) if not so engaged, as an owner or lessor of (c) to bodily injury or property damage arising out premises used for such purposes, of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment if such liability is imposed while being used in any prearranged or organized (i) by, or because of the violation of, any racing, speed or demolition contest or in any stunt- statute, ordinance or regulation pertaining H33365F Ed 12/80 Page 13 1 to the sale, gift, distribute h use of any but this excfusio■ ` ,es not apply to loss of use of alcoholic beverage, or other tangible property resulting from the sudden (ii) by reason of the selling, serving or giv- and accidental physical injury to or destruction of the Named Insured's products or work performed ing of any alcoholic beverage to a minor or to a person under the influence of alcohol by or on behalf of the Named Insured after such .^S or which causes or contributes to the intox• products or work have been put to use by any ication of any person; person or organization other than an Insured; but part (ii) of this exclusion does not apply with (n) to property damage to the Named Insured's respect to liability of the Insured or his indemnitee products arising out of such products or any part as an owner or lessor described in (2) above; of such products; (i) to any obligation for which the Insured or any (o) to property damage to work performed by or on carrier as his insurer may be held liable under any behalf of the Named Insured arising out of the workmen's compensation, unemployment compen work or any portion thereof, or out of materials, sation or disability benefits law, or under any Simi Parts or equipment furnished in connection there lar law; with; (j) to bodily injury to any employee of the Insured (p) to damages claimed for the withdrawal, inspec- arising out of and in the course of his employment tion, repair, replacement, or loss of use of the Named Insured's products or work completed by or by the Insured or to any obligation of the Insured to indemnify another because of damages arising for the Named Insured or of any property of which out of such in'u but this exclusion does no apply such products or work form a part, if such prod- ] ry t l ucts, work or property are withdrawn from the mar - to liability assumed by the Insured under an in- to ia al contract; ket or from use because of any known or suspected defect or deficiency therein; (k) to property damage to (q) to property damage included within: (1) property owned or occupied by or rented to the Insured, (1) the explosion hazard in connection with operations identified in this policy by a classi- (2) property used by the Insured, or fication code number which includes the sym- bol "x", (3) property in the care, custody or control of the Insured or as to which the Insured is for (2) the collapse hazard in connection with operations identified in this policy by a classifi any purpose exercising physical control; cation code number which includes the symbol but parts (2) and (3) of this exclusion do not apply " c " , with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not ( the underground property damage hazard apply with respect to property damage (other than in connection with operations identified in this to elevators) arising out of the use of an elevator at Policy by a classification code number which premises owned by, rented to or controlled by the includes the symbol "u ". Named Insured; (1) to property damage to premises alienated by H. PERSONS INSURED the Named Insured arising out of such premises or any part thereof; Each of the following is an Insured under this insurance to the extent set forth below: (m) to loss of use of tangible property which has not been physically injured or destroyed resulting (a) if the Named Insured is designated in the Dec from larations as an individual, the person so designated but only with respect to the conduct of a business (1) a delay in or lack of performance by or on of which he is the sole proprietor, and the spouse behalf of the Named Insured of any contract or of the Named Insured with respect to the conduct agreement, or of such a business; (2) the failure of the Named Insured's prod- (b) if the Named Insured is designated in the Dec - ucts or work performed by or on behalf of the larations as a partnership or joint venture, the Named Insured to meet the level of perfor- partnership or joint venture so designated and any mance, quality, fitness or durability warranted partner or member thereof but only with respect or represented by the Named Insured; to his liability as such; age 14 (c) if the Named Insu ►is designated in the Dec- that with res to any occurrence for which notice of this Iarations as other than an individual, partnership policy is given in lieu of security or when this policy is or joint venture, the organization so designated and certified as proof of financial responsibility under the pro - any executive officer, director or stockholder there- visions of the motor vehicle financial responsibility law of of while acting within the scope of his duties as any state or province, such limit of liability shall be applied such; to provide the separate limits required by such law for bodily injury liability and property damage liability to the extent (d) any person (other than an employee of the of the coverage required by such law, but the separate ap- Named Insured) or organization while acting as plication of such limit shall not increase the total limit of the real estate manager for the Named Insured; and company's liability. (e) with respect to the operation, for the purpose The total liability of the company for all damages because of locomotion upon a public highway, of mobile of all bodily injury and property damage to which this cover - equipment registered under any motor vehicle reg- age applies and described in any of the numbered sub- -- istration law, paragraphs below shall not exceed the limit of liability stated in the schedule as "aggregate ". (i) an employee of the Named Insured while operating any such equipment in the course of (1) all property damage arising out of premises or op- his employment, and erations rated on a remuneration basis or contractor's (ii) any other person while operating with the equipment rated on a receipts basis, including property damage for which liability is assumed under any inci- permission of the Named Insured any such dental contract relating to such premises or operations, equipment registered in the name of the Named Insured and any person or organization legally but excluding property damage included in subpara- responsible for such operation, but only if there graph (2) below; is no other valid and collectible insurance avail- (2) all property damage arising out of and occurring able, either on a primary or excess basis, to in the course of operations performed for the Named such person or organization; Insured by independent contractors and general super- provided that no person or organization shall be an vision thereof by the Named Insured, including any such property damage for which liability is assumed Insured under this paragraph (e) with respect to: under any incidental contract relating to such opera (1) bodily injury to any fellow employee of tions, but this subparagraph (2) does not include prop - such person injured in the course of his em- erty damage arising out of maintenance or repairs at ployment, or premises owned by or rented to the Named Insured or structural alterations at such premises which do not (2) property damage to property owned by, involve changing the size of or moving buildings or rented to, in charge of or occupied by the other structures; Named Insured or the employer of any person described in subparagraph (ii). (3) all bodily injury and property damage included within the completed operations hazard and all bodily This insurance does not apply to bodily injury or property injury and property damage included within the prod - damage arising out of the conduct of any partnership or ucts hazard. joint venture of which the Insured is a partner or member and which is not designated in this policy as a Named Such aggregate limit shall apply separately (i) to the prop- Insured. erty damage described in subparagraphs (1) and (2), (ii) to the sum of the damages of all bodily injury and all prop- erty damage described in subparagraph (3) and (iii) sep- 111. LIMITS OF LIABILITY arately with respect to each project away from premises owned by or rented to the Named Insured. Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain bodily injury or Bodily Injury and Property Damage — For the purpose of property damage, or (3) claims made or suits brought on determining the limit of the company's liability, all bodily account of bodily injury or property damage, the company's injury and property damage arising out of continuous or liability is limited as follows: repeated exposure to substantially the same general con - Bodily Injury and Property Damage Combined Subject to ditions shall be considered as arising out of one occurrence. the provisions below concerning "aggregate ", limit of li- ability stated in the Declarations as applicable to "each IV POLICY TERRITORY occurrence" is the total limit of the company's liability be- cause of Bodily Injury and Property Damage Combined for This insurance applies only to bodily injury or property all damages as the result of any one occurrence provided damage which occurs within the policy territory. H33365F Ed 12/80 Page 15 COVERAGE F— PREMISES MEDICAL PAY11 ^ TS (b) to bodily inj, I. The company will pay to or for each person who sustains bodily injury caused by accident all reasonable medical ( included within the completed operations - expense incurred within one year from the date of the acci- hazard or the products hazard; dent on account of such bodily injury, provided such bodily (2) arising out of operations performed for the = ' injury arises out of a condition in the insured premises or Named Insured by independent contractors operations with respect to which the Named Insured is af- other than (i) maintenance and repair of the in- forded coverage for bodily injury liability under this policy. sured premises or (ii) structural alterations of such premises which do not involve changing Exclusions the size of or moving buildings or other struc tures; This insurance does not apply: (3) resulting from the selling, serving or giving (a) to bodily injury of any alcoholic beverage (i) in violation of any statute, ordinance or regulation, (ii) to a minor, (1) arising out of the ownership, maintenance, (iii) to a person under the influence of alcohol or operation, use, loading or unloading of (iv) which causes or contributes to the intoxica- (i) any automobile or aircraft owned or tion of any person, if the Named Insured is a operated by or rented to or loaned to any person or organization engaged in the business Insured, or of manufacturing, distributing, selling or sery ing alcoholic beverages or, if not so engaged, (ii) any other automobile or aircraft oper- is an owner or lessor of premises used for such ated by any person in the course of his em- purposes but only part (i) of this exclusion (b) ployment by any Insured; (3) applies when the Named Insured is such an owner or lessor; but this exclusion does not apply to the parking of an automobile on the insured premises, if ( due to war, whether or not declared, civil such automobile is not owned by or rented or war, insurrection, rebellion or revolution, or to loaned to any Insured; any act or condition incident to any of the fore- going; (2) arising out of the ownership, mainte- nance, operation, use, loading or unloading of (c) to bodily injury (i) any mobile equipment while being used (1) to the Named Insured, an in any prearranged or organized racing, any partnertherein, speed any tenant or other person regularly residing on peed or demolition contest or in any stunt- the insured premises or any employee of any of ing activity or in practice or preparation the foregoing if the bodily injury arises out of for any such contest or activity, or and in the course of his employment therewith; (ii) the operation or use of any snowmobile or trailer designed for use therewith; (2) to any other tenant if the bodily injury oc curs on that part of the insured premises rent - (3) arising out of the ownership, maintenance, ed from the Named Insured or to any employee operation, use, loading or unloading of of such a tenant if the bodily injury occurs on (1) any watercraft owned or operated by or the tenant's part of the insured premises and rented or loaned to any Insured, or arises out of and in the course of his employ ment for the tenant; (ii) any other watercraft operated by any person in the course of his employment by (3) to any person while engaged in mainte- any Insured; nance and repair of the insured premises or alteration, demolition or new construction at but this exclusion does not apply to watercraft such premises; while ashore on the insured premises; or (4) to any person if any benefits for such bod- (4) arising out of and in the course of the ily injury are payable or required to be provided transportation of mobile equipment by an auto- under any workmen's compensation, unem- mobile owned or operated by or rented or ployment compensation or disability benefits loaned to any Insured; law, or under any similar law; (5) arising out of operations on or from prem- ,.�' (5) to any person practicing, instructing or ises (other than insured premises) owned by, participating in any physical training, sport, rented to, or controlled by the Named Insured; athletic activity or contest; Page 16 (d) to any medical ( hse for services by the iII. ADDITIO). DEFINITIONS Named Insured, any employee thereof or any per - When W en d in son or organization under contract to the Named reference to this insurance (including en- Insured to provide such services. dorsements forming a part of this policy): "insured premises" mean all premises owned by or II. LIMITS OF LIABILITY rented to the Named Insured with respect to which the The limit of liability for Premises Medical Payments Cover- Named Insured is afforded coverage for bodily injury age stated in the schedule as applicable to "each person" liability under this policy, and includes the ways im is the limit of the company's liability for all medical ex- mediately adjoining on land; pense for bodily injury to any one person as the result of "medical expense" means expenses for necessary med- any one accident; but subject to the above provision re- ical, surgical, x -ray and dental services, including pros- specting "each person", the total liability of the company thetic devices, and necessary ambulance, hospital, pro - under Premises Medical Payments Coverage for all medical fessional nursing and funeral services. expense for bodily injury to two or more persons as the re- sult of any one accident shall not exceed the limit of liability Iv. POLICY PERIOD; TERRITORY stated in the schedule as applicable to "each accident ". When more than one medical payments coverage afforded This insurance applies only to accidents which occur during the policy period within the United States of America, its by this policy applies to the Toss, the company shall not be territories or ossessions or Canada. liable for more than the amount of the highest applicable p ' C limit of liability. CONDITIONS APPLICABLE TO SECTION H 1. Action Against Company. No action shall lie against for property damage liability shall comply with the company unless as a condition precedent the provisions of such law to the extent of the thereto, there shall have been full compliance with coverage and limits of liability required by such q Y all of the terms of this policy, nor until the amount law. The Insured agrees to reimburse the com - of the Insured's obligation to pay shall have been pany for any payment made by the company which finally determined either by judgment against the it would not have been obligated to make under Insured after actual trial or by written agreement of the terms of this policy except for the agreement the Insured, the claimant and the company. contained in this paragraph. Any person or organization or the legal representa- 4. Insured's Duties in the Event of Occurrence, Claim tive thereof who has secured such judgment or written agreement shall thereafter be entitled to or Suit. recover under this policy to the extent of the in surance afforded by this policy. No person or or- (a) In the event of an occurrence, written notice containing particulars sufficent to identify the ganization shall have any right under this policy to join the company Insured and also reasonably obtainable informa- l p y as a party in any action tion with respect to the time, place and circum- against the Insured to determine the Insured's stances thereof and the names and addresses of liability, nor shall the company be impleaded by the injured and of available witnesses shall be the Insured or his legal representative. Bankruptcy or insolvency of the Insured or of the Insured's given by or for the Insured to the company or any estate shall not relieve the company of any of its of its authorized agents as soon as practicable. obligations hereunder. (b) If claim is made or suit is brought against the Insured, the Insured shall immediately forward to 2. Annual Aggregate. If this policy is issued for a the company every demand, notice, summons or period in excess of one year any limit of the com- other process received by him or his representa- pany's liability stated in this policy as "aggregate" tive. shall apply separately to each consecutive annual period. (c) The Insured shall cooperate with the company and, upon the company's request, assist in making 3. Financial Responsibility Laws. When this policy is settlements, in the conduct of suits and in enforc- certified as proof of financial responsibility for the ing any right of contribution or indemnity against future under the provisions of any motor vehicle any person or organization who may be liable to financial responsibility law, such insurance as is the Insured because of bodily injury or property afforded by this policy for bodily injury liability or damage with respect to which insurance is afforded H33365F Ed 12/80 Page 17 under this policy; and the Ins' shall attend 'I proportion of s� 'oss than the applicable limit hearings and trials and assist in securing and giv- of liability under tnis policy for such loss bears to ing evidence and obtaining the attendance of wit- the total applicable limit of liability of all valid and nesses. The Insured shall not, except at his own collectible insurance against such loss. cost, voluntarily make any payment, assume any obligation or incur any expense other than for first 7. Premium. The "Premium" Condition of the "GEN- 1 . aid to others at the time of accident. ERAL CONDITIONS" is amended by the addition of the following paragraphs. 5. Medical Reports; Proof and Payment of Claim. As Premium designated in this soon as practicable the injured person or someone g policy "advance s premium" his behalf shall give to the company written is a deposit premium only whhi ch shall hall bbe credited to the amount of the earned premium due proof of claim, under oath if required, and shall, at the end of the olic after each request from the company, execute au- P y period. At the close of each thorization to enable the company to obtain med- period (or part thereof terminating with the end of ical reports and copies of records. The injured the policy period) designated in the Declarations as person shall submit to physical examination by the audit period the earned premium shall be com h puted for such period and upon notice thereof to physicians selected by the company when and as the Named Insured shall become due and a able. often as the company may reasonably require. P y If the total earned premium for the policy period is The company may pay the injured person or any less than the premium previously paid, the com person or organization rendering the services and pany shall return to the Named Insured the un such payment shall reduce the amount payable earned portion paid by the Named Insured. hereunder for such injury. Payment hereunder The Named Insured shall maintain records of such shall not constitute admission of liability of the information as is necessary for premium computa- Insured or, except hereunder, of the company. tion and shall send copies of such records to the company at the end of the policy period and at such 6. Other Insurance. The insurance afforded by this times during the policy period as the company may policy is primary insurance, except when stated to direct. apply in excess of or contingent upon the absence of other insurance. When this insurance is primary 8. Supplementary Payments. The company will pay, and the Insured has other insurance which is stated in addition to the applicable limit of liability: to be applicable to the loss on an excess or con- tingent basis, the amount of the company's liability (a) All expenses incurred by the company, all costs under this policy shall not be reduced by the exist- taxed against the Insured in any suit defended by ence of such other insurance. the company and all interest on the entire amount of any judgment therein which accrues after entry When both this insurance and other insurance ap of the judgment and before the company has paid ply to the loss on the same basis, whether primary, or tendered or deposited in court that part of the excess or contingent, the company shall not be judgment which does not exceed the limit of the liable under this policy for a greater proportion of company's liability thereon; the loss than that stated in the applicable contri- (b) premiums on appeal bonds required in any bution provision below: such suit, premiums on bonds to release attach - (a) Contribution by Equal Shares. If all of such ments in any such suit for an amount not in excess other valid and collectible insurance provides for of the applicable limit of liability of this policy, and contribution by equal shares, the company shall the cost of bail bonds required of the Insured be not be liable for a greater proportion of such loss cause of accident or traffic law violation arising out than would be payable if each insurer contributes of the use of any vehicle to which this policy applies, an equal share until the share of each insurer not to exceed $500 per bail bond, but the company equals the lowest applicable limit of liability under shall have no obligation to apply for or furnish any any one policy or the full amount of the loss is such bonds; paid, and with respect to any amount of loss not (c) expenses incurred by the Insured for first aid so paid the remaining insurers then continue to to others at the time of an accident for bodily in- contribute equal shares of the remaining amount jury to which this policy applies; of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (d) expenses incurred by the Insured at the coal pany's request in assisting the company in the in- (b) Contribution by Limits. If any of such other in- vestigation or defense of any claim or suit, includ- surance does not provide for contribution by equal ing actual loss of earnings not to exceed $50 per shares, the company shall not be liable for a greater day. Page 18 9. Nuclear Exclusion. er- lamage to such nuclear facility and any • property thereat. I. This policy does not apply: , 11. As used in this exclusion , (a) Under any Liability Coverage to bodily injury or "hazardous properties" include radioactive, toxic property damage or explosive properties; I "nuclear material" means source material, special (1) with respect to which an Insured under this nuclear material or byproduct material; policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liabil- "source material ", "special nuclear material ", and ity Insurance Association, Mutual Atomic En- "byproduct material" have the meanings given ergy Liability Underwriters or Nuclear Insur- them in the Atomic Energy Act of 1954 or in any ance Association of Canada, or would be an law amendatory thereof; Insured under any such policy but for its ter "spent fuel" means any fuel element or fuel com- mination upon exhaustion of its limit of !ia ponent, solid or liquid, which has been used or bility; or exposed to radiation in a nuclear reactor; (2) resulting from the hazardous properties of "waste" means any material nuclear material and with respect to which (1) (a) containing by- product material other than any person or organization is required to main- the tailings or wastes produced by the extraction tain financial protection pursuant to the Atomic or concentration of uranium or thorium from any Energy Act of 1954, or any law amendatory ore processed primarily for its source material thereof, or (ii) the Insured is, or had this policy content, and not been issued would be, entitled to indemnity from the United States of America, or any agen- (b) resulting from the operation by any person cy thereof, under any agreement entered into or organization of any nuclear facility included by the United States of America, or any agency under the first two paragraphs of the definition thereof, with any person or organization. of nuclear facility. "nuclear facility" means � (b) Under any Medical Payments Coverage, or under any Supplementary Payments provision re- (a) any nuclear reactor, lating to first aid, to expenses incurred with respect (b) any equipment or device designed or used to bodily injury resulting from the hazardous prop- for (1) separating the isotopes of uranium or erties of nuclear material and arising out of the plutonium, (2) processing or utilizing spent operation of a nuclear facility by any person or fuel, or (3) handling, processing or packaging organization. waste, Liability Coverage, bodily injury (c) any equipment or device used for the pro - (c) Und er any y g to Y 1 rY cessing, fabricating or alloying of special nu- r property damage resulting from the h azardous ° p p y d g g clear material if at any time the total amount properties of nuclear material, if of such material in the custody of the Insured at the premises where such equipment or de- (1) the nuclear material (i) is at any nuclear vice is located consists of or contains more facility owned by, or operated by or on behalf than 25 grams of plutonium or uranium 233 of an Insured or (ii) has been discharged or or any combination thereof, or more than 250 dispersed therefrom; grams of uranium 235, (2) the nuclear material is contained in spent (d) any structure, basin, excavation, premises fuel or waste at any time possessed, handled, or place prepared or used for the storage or used, processed, stored, transported or dis- disposal of waste, posed of by or on behalf of an Insured; or and includes the site on which any of the foregoing is located, all operations conducted on such site (3) the bodily injury or property damage arises and all premises used for such operations; out of the furnishing by an Insured of services, "nuclear reactor" means any apparatus designed materials, parts or equipment in connection with the planning, construction, maintenance, or used to sustain nuclear fission in a self-support- operation or use of any nuclear facility, but if ing chain reaction or to contain a critical mass of `• such facility is located within the United States fissionable material; of America, its territories or possessions or "property damage" includes all forms of radio- Canada, this exclusion (3) applies only to prop- active contamination of property. H33365F Ed 12/80 Page 19 DEFINt )NS APPLICABLE TO SECTION I -,,! in the When used provisions applicable to Section 11 of this policy When used (including ndorsements formin a part thereof): g ro operations u ions in the with the transportation �� g propert , u obile means a land motor vehicle, trailer or semi Y nless the bodil injury of arises out of a condition in or on a vehicle r c reat created "automobile" trailer designed for travel on public roads (including any ry or apparatus machine attached thereto), but does not (b) lo di `eg {eunloadin g thereof, include mobile equipment; abandoned or unused materials, or alled equipment or "bodily injury" means bodily injury, sickness or disease (c) operations for which the classification stated in the Y person which occurs during the policy period, including death at any time resulting therefrom; policy or in the company's manual specifies "including completed operations "; "collapse hazard" includes "structural property as defined herein and property Y damage" "elevator" means any hoisting P Pert damage to any other prop. appliances nect floors or landings, whether or or l not r ins service, to con- erty at any time resulting therefrom. "Structural damage" means the collapse of or structural njury any way, tero stahenwa including , and all Y, stairway, g anY car, platform, shaft, hoist building or structure due to (1) y Y. power equipment and machinery; borrowing, structure ()grading of land, excavating, but does not include an automobile building tilling, back filling, tunneling, pile driving, cof- hoist without a platform outside a building if servicing hoist, walls, a without or ferdam work or caisson work, or (2) moving, shoring, under- chanical power or if not attached to building walls, or a pinning, raising or demolition or structure hod or material hoist used in alteration or removal or rebuilding any structural support thereof. t in demolition operations, or an inclined conveyorsusedt ion of any building xclu- The collapse hazard does not include property damage (1 arising out of operations performed for the Named Insured sively for carrying property or a dumbwaiter used exclu by independent contractors, or (2) included within the com- sively for carrying pro ert pleted operations hazard or the under round P y and having a compartment height not exceeding four feet; damage hazard, s (a) for wor liability is as d r y „ explosion hazard" includes property damage arising out Insured under an incidental c does I i "completed operations hazard" includes bodil in'u clude property damage (1) snot in- property damage arising out of operations or reliance air or steam vessels, r piping ) under poessure, lmo n of Y 1 ry and of blasting or explosion. The explosion hazard d machinery or power transmitting equipment, a representation o warrant a upon vet y made at any time with respect thereto, but only if the bodily in out of operations performed for he Named r insured arising injury or property damage j independent contractors, or (3) occurs after such operations have been completed or aban- doned and occurs away from premises owned by or rented pleted operations hazard or he included undergrou pr to the Named Insured, " „ damage hazard, or (4) for which liability is assumed by the parts or equipment �Perations include materials, Insured under an incidental contract; q pment frn uished in connection therewith. } Operations qui e t deemed i hod in at the earliest of the "incidental contract" j ! following times: ises, means any written c nne of pw with (2) easement agreement, except in connection with (1) when all operations to be performed by or on behalf construction or undertaking demolition to operations on or adjacent to a railroad # of the Named Insured under the contract have been suited by municipal ordinance, indemnify a municipality re neo except in connection with work for the municipality, (4) sidetrack agreement, or (5) (2) when all operations to be performed by or on be- elevator maintenance agreement; • • half of the Named Insured at the site of the operations have been completed, or "Insured" means any person or organization qualifying as an Insured in the "Persons Insured' (a) when the portion of the work out of which the in- cable insurance coverage. The insurance afforded applies jury or damage arises has been separately to each Insured against whom claim is made or put to its i ntended use suit is brought, except with respect to the limits of the by any person or organization other than another con- tractor or subcontractor engaged in performing opera tions for a principal as a part company's liability; P rt of the same project. "loading or unloadin " Operations which may require further service or mainte- means the handling of property r after c it is moved t f rom b the place where it is accepted for movement into or onto an nance work, or correction, repair or replacement because automobile or while it is in or on an of any defect or deficiency, but which are otherwise com- is bole plete, shall be deemed completed. being moved from an automobile to th la automobile or while it finally delivered, but "loading lace where it is The completed operations hazard does not include bodily g or unloading' does not in clude the movement of prop by means of a mechanical injury or property damage arising out of y device (other than a hand truck) Page 20 automobile. ) not attached to the "mobile equipment" means a $ : vehicle (including any (3) anyw„ in the world with respect to damages machinery or apparatus attached thereto), whether or not because of bodily injury or property damage arising self- propelled, (1) not subject to motor vehicle registration, out of a product which was sold for use or consumption or (2) maintained for use exclusively on premises owned within the territory described in paragraph (1) above, by or rented to the Named Insured, including the ways provided the original suit for such damages is brought immediately adjoining, or (3) designed for use principally within such territory; off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following "products hazard" includes bodily injury and property dam - types forming an integral part of or permanently attached age arising out of the Named Insured's P roducts or reliance to such vehicle: power cranes, shovels, loaders, diggers upon a representation or warranty made at any time with and drills; concrete mixers (other than the mix -in- transit respect thereto, but only if the bodily injury or property type); raders, scrapers, rollers and other road g P construe- damage occurs away from premises owned by or rented to tion or repair equipment; air- compressors, pumps and gen- the Named Insured and after physical possession of such erators, including spraying, welding and building cleaning products has been relinquished to others; equipment; and geophysical exploration and well servicing equipment; "property damage" means (1) physical injury to or destruc- tion of tangible property which occurs during the policy "Named Insured" means the person or organization named period, including the loss of thereof o use the eof any time result- P at t e in the Declarations of this policy; g y P �' ing therefrom, or (2) loss of use of tangible property which "Named Insured's products" means goods or products has not been physically injured or destroyed provided such manufactured, sold, handled or distributed by the Named loss of use is caused by an occurrence during the policy Insured or by others trading under his name, including any period; container thereof (other than a vehicle), but "Named In- sured's products" shall not include a vending machine or "underground property damage hazard" includes under - g g P P Y g any property other than such container, rented to or located ground property damage as defined herein and property for use of others but not sold; damage to any other property at any time resulting there- from. "Underground property damage" means property "occurrence" means an accident, including continuous or damage to wires, conduits, pipes, mains, sewers, tanks, repeated exposure to conditions, which results in bodily tunnels, any similar property, and any apparatus in con- injury r property damage neither expected nor P P Y g p d r intended nection therewith , beneath the surface of the ground or from the standpoint of the Insured; I lO water, caused by and occurring during the use of mechan- "policy territory" means: ical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back - filling or pile (1) the United States of America, its territories or pos- driving. The underground property damage hazard does not sessions, or Canada, or include ro ert damage (1) arising out of operations international P P y g O g o t o er- (2) p () nal waters or air space, provided the formed for the Named Insured by independent contractors, bodily injury or property damage does not occur in the or (2) included within the completed operations hazard, or course of travel or transportation to or from any other (3) for which liability is assumed by the Insured under an country, state or nation, or incidental contract. PROVISIONS APPLICABLE TO SECTION III The company further agrees with the Named Insured, subject to all the terms of this policy, to pay for loss in accord- ance with the form which is issued to complete this policy. p cy. CONDITIONS APPLICABLE TO SECTION 111 1. Action Against Company. No action shall lie statutory limitation of time shall govern and shall against the coma unless, company niess, as a condition prece- supersede the time limitation herein stated. dent thereto, there shall have been full compliance with all the terms of this y, nor until 30 days olic 2. Appraisal. If the Named Insured and the company p after the required proofs of loss have been filed fail to agree on the amount of the loss, either can with the company, nor at all, unless commenced demand that the amount of loss be set by appraisal. within two years from the date when the Named If either party makes a written demand for ap- Insured discovers the loss. If any limitation of time praisal, each shall select a competent independent for notice of loss or any legal proceeding herein appraiser. Each shall notify the other of the se contained is shorter than that permitted to be fixed lected appraiser's identity within 20 days of the by agreement under any statute controlling the con-receipt of the written demand. struction of this policy, the shortest permissible The two appraisers shall select a competent, im- H33365F Ed 12/80 Page g 21 partial umpire. If the appraisers a nable to agree to, with the cor, iy within four months after the upon an umpire within 15 days, the Named Insured discovery of loss. or the company may petition a judge of a Court of Upon the company's request, the Named Insured Record in the state where the insured premises is and every claimant hereunder shall submit to ex located to select an umpire. amination by the company, subscribe the same, T The appraisers shall then set the amount of the under oath if required, and produce for the com- loss. If the appraisers submit a written report of pany's examination all pertinent records, all at an agreement to the company, the amount agreed such reasonable times and places as the company upon shall be the amount of the loss. If the ap- shall designate, and shall cooperate with the com- praisers fail to agree within a reasonable time, they pany in all matters pertaining to loss or claim with shall submit their differences to the umpire. Writ- respect thereto. ten agreement signed by any two of these three shall set the amount of loss. 4. Nuclear Clause. This insurance does not apply to loss due to nuclear reaction, nuclear radiation or Each appraiser shall be paid by the party selecting radioactive contamination, or to any act or condi- that appraiser. Other expenses of the appraisal and tion incident to any of the foregoing. compensation of the umpire shall be paid equally by the Named Insured and the company. 5. Policy Period; Territory. This policy applies only to loss which occurs during the policy period within 3. Named Insured's Duties When Loss Occurs. Upon the United States of America, its territories, pos- knowledge or discovery of loss or of an event which sessions or Canada. may give rise to a claim for loss, the Named Insured shall: (a) give notice thereof as soon as practicable 6. Other Insurance. This insurance shall not apply to to the company or any of its authorized agents and the extent that any valid and collectible insurance also to the police if the loss is due to a violation of is available to the Named insured under any other the law; (b) file detailed proof of loss, duly sworn insurance policy. Page 22 \.jS i.•' GENERAL CONDITIONS - HOME ■ C OMPANIE S The following Conditions apply to Sections I, II and III except as otherwise indicated. Additional Conditions or modi- F fications of the following Conditions may appear in the specific coverage sections. 1. Assignment: Assignment of interest under this pol- 4. Conformity with Statute: The terms of this policy icy shall not bind the company until its consent is and forms attached hereto which are in conflict with endorsed hereon. However, if the Named Insured the statutes of the State wherein this policy is is- shall die, this insurance shall apply: sued are hereby amended to conform to such (a) to the Named Insured's legal representative, statutes. as the Named Insured, but only while acting within the scope of his duties as such; or 5. Inspection and Audit: The company shall be per- (b) to the person having temporary custody of the mitted but not obligated to inspect the Named In- property of the Named Insured but only until the sured's property and operations at any time. Neither appointment and qualification of the legal repre- the company's right to make inspections nor the sentative. making thereof nor any report thereon shall con- stitute an undertaking, on behalf of or for the bene- Notice of cancellation addressed to the Named In- fit of the Named Insured or others, to determine or sured and mailed to the mailing address shown in warrant that such property or operations are safe the Declarations shall be sufficient notice to effect or healthful, or are in compliance with any law, rule, cancellation of this policy. or regulation. The company may examine and audit the Named 2. Cancellation: This policy may be cancelled by the Insured's books and records at any time during the Named Insured by surrender thereof to the corn- policy period and extensions thereof and within pany or any of its authorized agents or by mailing three years after the final termination of this policy, it to the company written notice stating when there- as far as they relate to the subject matter of this after the cancellation shall be effective. This policy insurance. may be cancelled by the company by mailing to the Named Insured at the mailing address shown in the Declarations, written notice stating when not 6. Insurance Trustee: As respects condominium prop- less than 10 days thereafter such cancellation shall perty to which this policy applies the Named In- be effective. The mailing of notice as aforesaid shall sured as designated in the Declarations is herein - be sufficient proof of notice. The time of surrender after referred to as the Insurance Trustee for all the or the effective date and hour of cancellation stated Unit - Owners of the condominium property unless in the notice shall become the end of the policy otherwise provided. Any loss hereunder shall be period. Delivery of such written notice either by the adjusted with and made payable to the Insurance Named Insured or by the company shall be equiva- Trustee, and shall constitute a complete discharge lent to mailing. of the company's liability under this policy for such loss. If the Named Insured cancels, the company shall, upon demand and surrender of this policy, refund 7. Insurance Under More Than One Coverage, Part or the excess of paid premium above the customary Endorsement: In the event that more than one cov- short rates for the expired time. If the company erage, part or endorsement of this policy insures cancels, earned premium shall be computed pro the same loss, damage or claim, the company shall rata. Premium adjustment may be made either at not be liable for more than the actual loss or dam - the time cancellation is effected or as soon as prac- - age sustained by the Named Insured. ticable after cancellation becomes effective, but payment or tender of unearned premium is not a 8. Liberalization Clause: In the event any filing is sub - condition of cancellation. mitted to the insurance supervisory authorities on behalf of the company, and: 3. Concealment or Fraud: This policy is void if any (a) the filing is approved or accepted by the in- Named Insured has intentionally concealed or mis- surance authorities to be effective while this policy represented any material fact or circumstance re- is in force or within 45 days prior to its inception; lating to this insurance. and H33365F Ed 12/80 Page 23 (b) the filing = -. ` (b) provisions e f that would extend ra broaden thos insur- or all right of r, , e tiling includes insun ver any ance by Provided, however, that in the even party for loss. r y endorsement or substitution of form, with - waives only a an by e n do l premium; t the insured Part of his rights against any particular ar third art t' b party, this benefit of such X s company u n ch exten P y shalt extended or gated with be subr _ ante shall inure broadened incur g ith respect to ail rights of r o to 9 e o the benefit of the Named Insured may retain recovery which the .. as ed em s In Y a though the endorsement sured loss from 9ainsi any such third a or r party had been made. substitution of form om the P y for that a Perils insured against to the extent payment therefor is made ai this company; all subject to the following additional provisions: (1) This con 9. Premium: condition m. All premiums for this i nland m arine ror�n does not apply to crime, policy shall be glass coverage written under computed in accordance with the company's rules, rates, ratio ` Section I of this policy; g plans, premiums and minimum pre- (2) applicable plans, the in premiums surancford a n af minim her pi () if made before Toss has n• agreement may r in occurred, such Y n favor of any third If this policy cy is issued for a period in excess of one ( If made after loss has occurred, party; year with i specified C ie e P d d expiration date and agreement may r only � s uch is a r Y nl pa at each annwer premium fallen Y rn favor of a third art S a within P ry, such premium shall g none of the following be determined annually on the basis of the rates in the time of loss: 9 categories at effect at the anniversary date, unless otherwise in dicated in the Declarations as not a (r) a third party insured under this applicable. ii O a cor policy; or If this policy is issued for a period without a s eci- poration, firm, or entity or controlled by the Named Insured or in fled expiration date, it may P which the Named Insured owns capital stock ment of the required premum the suc a ed ny or other proprietary interest, or (b) owni annual period. Such premium shall be determined controlling the Named Insured or owning ng or or annually on the basis of the rates in effect at the controlling capital stock or other proprietary anniversary date and must be paid to the company interest in the Named insured; or prior to each anniversary date; if not so paid, this Policy shall expire on the first anniversary date that (d) Exrce tenant of the Named insured. t the said premium has not been received by the corn- above the com a P as provided in paragraphs (b) and (c) pany. The company may substitute forms which are P nY shall not be bound to pay any authorized for its use on each anniversary loss if the Insured has impaired any right of policy. ry of this recovery for loss. However, it is agreed that the Insured may, as respects property in transit, accept The premium stated in the Declarations shall be such bills of lading, receipts or contracts of i transportation as are ordinarily issued b adjusted in accordance with the premium adjust- o g a limitation as to the values of any, included elsewhere in this containing a by carriers policy. goods or merchandise. ment provisions, if any includ such 11. Time of Inception: To the extent that covers this policy replaces coverage coverage in 10. Subrogation: termnnatn noon 9e in other policies g standard time on the inception date of this policy, coverage under this policy shall (a) in the event of any payment under this policy, not become effective until such other c the company shalt be subrogated to of recov o all the coverage has Insured's ri terminated. g recovery against any person or organization and the Insured red shall execute and 12. Waiver or Change of Provisions: The terms of deliver instruments and papers and do whatever this insurance shall not be else is necessary to secure such rights. The else shall necessary nothing to after l to modified except by endorsement issued changed or rights except as provided Prejudice such part of this y sement issued to form a P ded below Policy. (b) As respects a condominium 13. Wrong Description: Without prejudice to t company hereby waives its right o subrogation permission is against any Unit -Owner of the condominium. g n insurance, p granted this error in insurance, p the g d for there to be an (c) As respects coverage of g e name, number, street or location age provided under Section any buildings) covered hereunder, or of build- 4 I of this policy, this insurance shall not be ing(s) and personal property if covered under a I nva l idated sho the Insured waive in writing any single item of insurance, where there is no wilful concealment or misrepresentation. Page 24 HOME SAFETY GROUP D1VI JD PLAN ENDORSEMENT coo ISSUED BY (t in Name of Insuring Company) POLICY NUMBER NAMED INSURED TST- 877617 - 65 6 13 EFFECTIVE GATE DATE PREPARED POLICY EXPIRATION 7 - -8 C_X 12:01 A.M. a 12:00 NOON, STANDARD TIME PRODUCER PRODUCER NO. —OPC It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. This policy is subject to a safety group dividend plan classified as: Minneapolis Field Office Municipal Program The Named Insured shall participate to the extent and under the conditions determined by the Board of Directors of the Company indicated above in the distribution of dividends for the above classification. This endorsement amends the policy to which it is attached as of the effective date and time of such policy, unless otherwise stated herein. IN WITNESS WHEREOF, the company indicated above has caused this endorsement to be signed by Executive Offices its Secretary and its President, at 59 Maiden Lane , but this endorsement N .Y. N.Y. 10038 shall not be binding upon the company uriless countersigned by an authorized agent thereof. 414441/y Ang 12C64‹ 11111111111r TIMOTHY P. REAMES Secretary PETER C. R. HUANG President HENRY P. LENZ President of of THE HOME INSURANCE COMPANY THE HOME INDEMNITY COMPANY CITY INSURANCE COMPANY THE HOME INSURANCE CO. OF INDIANA Countersigned by /011"ez-i AUTHORIZED AGENT H28688F Rev. 3181 �NSURApc WAIVER OF IMMUNITY ENDORSEMENT HOME • soMproo It is agreed that in any claim or suit for damages covered by the policy, the company will not, except upon written request of the Named Insured by its duly authorized officer, deny liability of the Named Insured through the use of the defense of the Named Insured's immunity from suit. H32289F � H SURANC F SPECIAL EVENTS ENDORSEMENT HOME C °MPgNkE (institutional Policy) Section I I of this policy is amended as follows: Such insurance as is afforded under Coverage E- -Comprehensive General Liability and Coverage F— Premises Medical Payments applies to bodily injury and property damage arising out of special events sponsored by the Named Insured including dances, meetings, outings and fund raising activities or arising out of the transportation hazard in connection therewith. 1. Definition: The following definition applies with respect to insurance afforded under this endorsement: "transportation hazard" means the maintenance, operation, use, loading or unloading of automobiles not owned or hired by or for the Insured. 2. With respect to the transportation hazard under this endorsement, exclusion (b) does not apply under Coverage E and exclusion (a) does not apply under Coverage F. H32220F HOME) H ADDITIONAL INSURED ENDORSEMENT • (I nstitutional) COMPAMES NAMED INSURED POLICY NUMBER IST 8776170- 65613 Section I I of this policy is amended as follows: It is agreed that the "Persons Insured" provision of Coverage E — Comprehensive General Liability under Section I1 is amended to include any Additional Insured designated below by an "X ": ❑ any fiduciary, elder, warden, deacon, vestry- ❑ as respects saddle animals owned, maintained man, clergyman, or trustee of the Named In- or used by the Named Insured, any person or sured while acting within the scope of his organization using or legally responsible for the duties as such; use thereof, provided the actual use of such saddle animals is by the Named Insured or with Ea any member of the board of directors or goy- his permission; but this provision shall not ap- ernors or member of the board of education, or a ply to saddle animals while used to carry per- similar governing body of the Named Insured sons for a charge or while rented to any person while acting within the scope of his duties as or organization other than guests, nor, with such; respect to saddle animals not owned by the ❑ if the premises are not owned by the Named Named Insured, to the owner thereof; Insured, any person or organization having legal title to the premises, but only with ED except with respect to the "transportation respect to his liability arising out of the mainte- hazard ", voluntary workers for the Named nance or use of the premises by the Named Insured, but only as respects their liability for Insured; activities of the organizaton or for activities which are performed on behalf of the organiza- D if the Named Insured is or includes a house of tion, other than practicing, instructing, or worship or school, any subsidiary organization participating in any physical training, sports, controlled by the Named Insured; athletic activity or contest. H32298F (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY GL 21 25 (Ed. 07 66) . L 9163 G 326 (Ed. 7.66) EXCLUSION (Volunteer Firemen) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective , forms a part of policy No. (12:01 A. M., standard time) issued to by Authorized Representative It is agreed that the insurance does not apply to bodily injury to any volunteer fireman, whether or not a member of the named insured's organization, while in the course of his duties as such. DAUTNENTIC . • (HO 4suRAN cE ME • NON- PREMIUM ENDORSENMcNT Indorsement No. Issued by — (Type in full name of Insuring Company) • POLICY NUMBER NAMED INSURED IST- 8776170 -65613 EFFECTIVE DATE AND TIME OF ENDORSEMENT DATE PREPARED POLICY EXPIRATION 7 -7 -83 PRODUCER PRODUCER NO. —OPC It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. SPECIAL EVENTS EXCLUSION U _ON In consideration of the premium charged, it is hereby understood and agreed that Section II of this policy excludes: 1. Bodily Injury, Property Damage or Medical Payments arising out of: (a) Mechanically operated amusement devices owned or operated by the Named Insured. b) Automobile, snowmobile or motorcycle racing or stunting. d 1 Rodeos Fireworks exhibitions or displays • SIGNATURE OF AUTHORIZED REPRESENTATIVE 1422300 F14 4/77 / HOME I � �oMW►N�E NON - PREMIUM ENDORSEMENT Endorsement No. Issued by — (Type in full name of Insuring Company) POLICY NUMBER NAMED INSURED IST- 8776170 - 65 61 3 EFFECTIVE DATEANO TIME OF ENEORSEMT DATE PREPARED POLICY EXPIRATION 7 -7 -83 PRODUCER PROOUCER NO. —OPC It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. Professional Exclusion The following additional exclusion applies as respects to Provisions Applicable to Section II, form H33365F, page 14: This Insurance does not apply: (r) To Bodily Injury or Property Damage due to the rendering of or failure to render any Professional service including but not limited to: Legal, Medical, Dental, Pharmacological, Accounting, Advertising, Engineering, Architectural, Cosmetic or Tonsorial Services. SIGNATURE OF AUTHORIZED REPRESENTATIVE -422300 FH 4/77 \NS - R A M-CF\ AMENDMENT OF LIMITS OF LIABILI if HOME SECTION II— BODILY INJURY AND PROPERTY DAMAGE LIABILITY cOMpAs / ' NAMED INSURED POLICY NUMBER IST- 8776170 -656 13 This endorsement modifies such insurance as is afforded by the provisions of the policy relating to Coverage E, Comprehensive General Liability, under Section II. 1. The Coverage E —Limit of liability stated in the Declarations is deleted and replaced with the following: SCHEDULE Bodily Injury Liability $ 500,000. each occurrence $ 500,000. aggregate Property Damage Liability $ 100,000. each occurrence $ 100,000. aggregate 2. Provision III. Limits of Liability, is deleted and replaced by the following: I Regardless of the number of (1) Insureds under or contractors equipment rated on a receipt this policy, (2) persons or organizations who basis, including property damage for which sustain bodily injury or property damage, or liability is assumed under any incidental (3) claims made or suits brought on account of contract relating to such premises or oper- bodily injury or property damage, the com- ations, but excluding property damage in- pany's liability is limited as follows: cluded in subparagraph (2) below; Bodily Injury Liability —The total liability of (2) all property damage arising out of and oc- the company for all damages, including curring in the course of operations per - damages for care and loss of services, because formed for the Named Insured by inde- of bodily injury sustained by one or more per- pendent contractors and general super- - sons as the result of any one occurrence shall vision thereof by the Named Insured, in- not exceed the limit of bodily injury liability cluding any such property damage for - stated in the above schedule as applicable to which liability is assumed under any inci- "each occurrence ". dental contract relating to such operations, Subject to the above provisions respecting but this subparagraph (2) does not include "each occurrence" proper the Iota! liability of the property damage arising out of mainten- company for all damages because of (1) all ance or repairs at premises owned by or bodily injury included within the completed rented to the Named Insured or structural operations hazard and (2) all bodily injury in- alterations at such premises which do not cluded within the products hazard shall not ex- involve changing the size of or moving ceed the limits of bodily injury liability stated buildings or other structures; in the above schedule as "aggregate ". (3) all property damage included within the Property Damage Liability —The total liability Products hazard and all property damage of the company for all damages because of all included within the completed operations property damage sustained by one or more per - sons or organizations as t he result of an hazard. Such aggregate limit shall apply separately to any one occurrence shall not exceed the limit of prop- the property damage described in subpara- erty damage liability stated in the above sched- graphs (1), (2) and (3) above, and under sub - ule as applicable to "each occurrence ". paragraphs (1) and (2), separately with respect Subject to the above provision respecting "each to each project away from premises owned by occurrence ", the total liability of the company or rented to the Named Insured. for all damages because of all property damage Bodily Injury and Property Damage Liability — to which this coverage applies and described in For the purpose of determining the limit of the any of the numbered subparagraphs below shall company's liability, all bodily injury and prop - not exceed the limit of property damage liabili- erty damage arising out of continuous or re- ty stated in the above schedule as "aggregate ". peated exposure to substantially the same (1) all property damage arising out of premises general conditions shall be considered as arising or operations rated on a remuneration basis out of one occurrence. H32191F • LA271 (Ed. 1 - 74) CG 03 27 (Ed. 1 -74) VEHICLES OWNED OR LEASED BY PUBLIC BODIES . • • It is agreed that any land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached there- to) owned or leased by the named insured shall be deemed an automobile and not mobile equipment if the sole reasons for considering it mobile equip- ment are either or both of the following: (1) that it is exempt from motor vehicle registration because the named insured is a public body not subject to the registration requirements applicable to private persons or organizations or (2) that it is maintained for use exclusively on streets or highways owned by the named insured. This endorsement must be attached to the Change Endorsement when issued after the policy is written. LA271 oAuni E NT)cQ (Ed. 1 - 74) • • • • • • • • STOCK COMPANY ISSUED BY �NSURAp� DECLARATIONS (continued) - SECTION II HOME GENERAL LIABILITY HAZARDS SCHEDULE Comm 0 NAMED INSURED POLICY NUMBER IST- 8776170 -65613 0 OWNER El GENERAL LESSEE ❑ TENANT x OTHER: Governmental Body ADVANCE DESCRIPTION OF HAZARDS STATE * PREMIUM RATES CE NO. AND CLASS CODES AND BASIS PREMIUMS TERR. B.I. P.D. B.I. P.D. Premises - Operations MN Governmental Subdivisions -not State or Federal 91251 002 t D Incl. Incl. Incl. Incl. Inclusion of XC Inclusion of U Streets, Roads or Highways -with or without sidewalks - including bridges and culverts but excluding toll roads, toll bridges and draw bridges-. existence only 93151S 002 t B Incl. Incl. Incl. Incl. Waterworks- including outside salesmen, collectors and meter readers 49411 999 p C Incl. Incl. Incl. Incl, Inclusion of XC Inclusion of U a -Area per 100 sq. ft. A -Unit Months b - Frontage per foot B -Units m- Admissions per 100 C-ea. 100 c -Cost per $100 D-ea. 1,000 r - Receipts per $1,000 (prod) E-ea. 10,000 t -Other F -ea. 1,000,000 p - Payroll per $100 Independent Contractors Cost Per $100 of cost Construction 999 c C Incl. Incl. Incl, Incl Operations 16292 Products - Completed Operations 999 Receipts Per $1,000 of receipts Waterworks - including outside salesmen, collectors & Meter readers 49411 t F Incl. Incl. Inca. Inca. Other Personal Injury 99980 Incl. Host Liquor Employees as Addn'1 Insured Incl. Incl, TOTAL ADVANCE B.I. AND P.D. PREMIUMS E> Incl. Incl . EFFECTIVE DATE OF THIS PAGE AGENT Wherever a policy provision refers to the Delcarations, such refer- ence shall also apply to this Declarations page. H32217F Page 2w HOME PERSONAL INJURY LIABILITY INSURANCE HOME NAMED INSURED POLICY NUMBER -8776 7 70 -65 6 SCHEDULE Limits of Liability Coverage $ 500,000. aggregate P— Personal Injury Liability 0 % Insured's Participation 2S1 Exclusion (e) does not apply. The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses as are indicated by specific premium charge or charges. Advance Premiums Groups of Offenses $ Inc 1. A. False Arrest, Detention or Imprisonment, or Malicious Prosecution $ Inc 1 . B. Libel, Slander, Defamation or Violation of Right of Privacy C. Wrongful Entry or Eviction or Other Invasion of Right of Private $ Inc 1. Occupancy $ Inc 1. Total Advance Premium $ Incl. Minimum Premium I. COVERAGE P— PERSONAL INJURY pany shall not be obligated to pay any claim or LIABILITY judgment or to defend any suit after the applicable limit of the company's liability has been exhausted The company will pay on behalf of the Insured all by payment of judgments or settlements. sums which the Insured shall become legally obli- EXCLUSIONS gated to pay as damages because of injury (herein called "personal injury) sustained by any person This insurance does not apply: or organization and arising out of one or more of Pp y- the following offenses committed in the conduct of the Named Insured's business: (a) to liability assumed by the Insured under any contract or agreement; Group A —false arrest, detention or imprisonment, or malicious prosecution; (b) to personal injury arising out of the wilful vio- lation of a penal statute or ordinance commit - Group B —the publication or utterance of a libel or ted by or with the knowledge or consent of slander or of other defamatory or disparag- any Insured; ing material, or a publication or utterance in violation of an individual's right of pri- (c) to personal injury arising out of any publi- vacy; except publications or utterances in cation or utterance described in Group B, if the the course of or related to advertising, first injurious publication or utterance of the broadcasting or telecasting activities con - same or similar material by or on behalf of the ducted by or on behalf of the Named In- Named Insured was made prior to the effective sured; date of this insurance; (d) to personal injury arising out of a publication Group C— wrongful entry or eviction, or other in- or utterance described in Group B concerning vasion of the right of private occupancy; any organization or business enterprise, or its products or services, made by or at the direc- if such offense is committed during the policy peri- tion of any Insured with knowledge of the od within the United States of America, its terri- falsity thereof; tories or possessions, or Canada, and the company Unless indicated in the Schedule as not applicable, shall have the right and duty to defend any suit the following exclusion also applies: against the Insured seeking damages on account of such personal injury even if any of the allegations (e) to personal injury sustained by any person as a of the suit are groundless, false or fraudulent, and result of an offense directly or indirectly re- may make such investigation and settlement of any lated to the employment of such person by the claim or suit as it deems expedient, but the com- Named Insured. H33406F Ed. 11/80 11. PERSONS INSURED III. LIMITS OF LIABILITY; INSURED'S PARTI- CIPATION Each of the following is an Insured under this in- Regardless of the number of (1) Insureds under surance to the extent set forth below: this policy, (2) persons or organizations who sus - (a) if the Named Insured is designated in the Dec- tain personal injury, or (3) claims made or suits brought on account of personal injury, the total larations as an individual, the person so desig- limit of the company's liability under this Coverage nated and his spouse; for all damages shall not exceed the limit of per- sonal injury liability stated in the Declarations as (b) if the Named Insured is designated in the Dec- "aggregate ". larations as a partnership or joint venture, the If a participation percentage is stated in the Decla- partnership or joint venture so designated and rations for the Insured, the company shall not be any partner or member thereof but only with y respect to his liability as such; liable for a greater proportion of any loss than the difference between such percentage and one hun- dred percent and the balance of the loss shall be (c) if the Named Insured is designated in the Dec- borne by the Insured; provided, the company may larations as other than an individual, partner- pay the Insured's portion of a loss to effect settle - ship or joint venture, the organization so desig- ment of the loss, and, upon notification of the nated and any executive officer, director or action taken, the Named Insured shall promptly stockholder thereof while acting within the reimburse the company therefor. scope of his duties as such. This insurance does not apply to personal injury IV. ADDITIONAL DEFINITION arising out of the conduct of any partnership or When used in reference to this insurance: joint venture of which the Insured is a partner or "damages" means only those damages which are member and which is not designated in this policy payable because of personal injury arising out of an as a Named Insured. offense to which this insurance applies. (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY GL 21 00 (Ed. 07 66) L 9138 G 301 (Ed. 7-66) EXCLUSION (All Hazards in Connection with Designated Premises) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective 7-7-83 , forms a part of policy No. IST- 8776170 -65613 (12:01 A. M., standard time) • issued to by Authorized Representative Description and location of premises: Any Airport Owned or Operated by the Insured. I. agreed that the insurance does not apply to bodily injury or property damage arising out of (a) the ownership, maintenance or use of the premises designated in this endorsement or of any property located thereon; (b) operations on such premises or elsewhere which are necessary or incidental to the ownership, maintenance or use of such premises; or (c) goods or products manufactured at or distributed from such premises. DAUTHENTICn (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY GL 20 06 (Ed. 07 66) L 9106 G 106 (Ed. 10-66) ADDITIONAL INSURED (Employees) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE STOREKEEPER'S INSURANCE Personal Injury Liability Insurance This endorsement, effective , , forms a part of policy No. IST-8776170 -65613 (12:01 A. M., 7 standard` i e) issued to by Authorized Representative It is agreed that the "Persons Insured" provision is amended to include any employee of the named insured while acting within the scope of his duties as such, but the insurance afforded to such employee does not apply; 1. to bodily injury to (a) another employee of the named insured arising out of or in the course of his employment or (b) the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof; • to property damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by (a) another employee of the named insured or (b) the named insured, or, if the named insured is a partnership or joint venture, any partner or member thereof. 0SURAIVe ( HOME co NON - PREMIUM ENDORSE1.._NT .idorsement No. Issued by — (Type in full name of Insuring Company) POLICY NUMBER NAMED INSURED IST- 8776170 -65613 EFFECTIVE DATE AND TIME OF ENDORSEMENT DATE PR EPA RED POLICY EXPIRATION 7 -7 -83 PRODUCER PRODUCER NO. —OPC It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. HOST LIQUOR LIABILITY ENDORSEMENT It is agreed as follows: 1. Such insurance as is afforded by the policy for the bodily injury liability and for property damage liability applies also to liability imposed upon the insured because of bodily injuries sickness or disease, including death at any time resulting therefrom, sustained by any person or injury to or destruction of property, including the loss at use thereof, arising out of the serving or giving of intoxicating liquor. 2. This insurance does not apply: (a) to injury, sickness, disease, death or destruction caused by or at the direction of the insured, or (b) to the sale, or dispensing for a consideration, of any Alcoholic Beverage. The Limits of the Company's Liability under this endorsement are: (a) Bodily Injury Liability * each person (b) Liability for means of support * each occurrence (c) Property Damage Liability each occurrence *500,000. Combined Single Limits SIGNATURE OF AUTHORIZED REPRESENTATIVE N22300 FN 4/77 �NSURAp� • — HOME • commas NON- PREMIUM ENDORSEMCNT Indorsement No. Issued by — (Type in full name of Insuring Company) POLICY NUMBER NAMED INSURED TST- 8776170 -65613 EFFECTIVE DATE ANO TIME OF ENDORSEMENT DATE PREPARED POLICY EXPIRATION 7 -7 -83 PRODUCER PRODUCER NO. —OPC If is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged. X C U Endorsement It is hereby agreed and understood that exclusions (q) (1), (q) (2) & (q) (3) are hereby deleted from Page 14 of form H33365F. SIGNATURE OF AUTHORIZED REPRESENTATIVE H22300 FH 4/77 (The Attaching Clause need be comp only when this endorsement is issued subsequent to pc tion of the policy.) LIABILITY APPLICATION OF EXCLUSIONS L 6432f (Ed, 1.76) (Explosion, Collapse and Underground Property Damage Hazards) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the foilo,ving: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective . forms a part of policy No. (12:01 A. M., standard time) issued to by Authorized Represent3t• :e It is agreed that if the named insured's actual operations include any operation(s). whether or not stated in the Schedule under Description of Hazard which is (are) described by any classification listed below. the "x ", "c ". "u° symbol(s) included in the applicable code number shall apply as if such classifi- cation code number and symbol(s) were included in such Schedule. DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO.; AND SYMBOL(S) Building Raising or Moving — including incidental shoring. removal Gas Dealers — liquefied petroleum gas _ 59851sx or rebuilding of walls, foundations, columns or piers 17885sxe Gas Distributing — liquefied petroleum gas — local distribution by gas Caisson Work: mains or piping from central tanks to ultimate consumers —in- Foundations for buildings — including pile driving, excavation, cluding meter readers — including completed operations except masonry or concrete work up to completion of sub - structure with respect to the installations. servicing or repair of appliances 49252sxcu only 178O5xcu Gas Mains or Connections Construction — including tunneling at Not foundations for buildings — including pile driving, excava- street crossings 16225xcu tion, masonry or concrete work up to completion of sub- structure only 16235xcu Gas Pipe Line Construction— including pile driving or dredging .. .16265xcu '•-v or Shale Digging —no canal, sewer or cellar excavation or Gas Pipe Lines — operation — including maintenance 49222sx underground mining 14001x Gas Works — including outside salesmen, collectors, and meter readers— including completed operations except with respect to Coffer-Dam Work—including pile driving, excavation, masonry or the installation, servicing or repair of appliances 49251sxcu concrete work up to completion of sub - structure only 16235xcu Gasoline or Oil Dealers 50851x Conduit Construction -for cables or wires 16285xcu Gasoline . Recovery — from casing head or natural gas ... . 13210dexz • Contractors' Equtpmenh r` Geophysical Explorati - seismic method - all employees -•l;ranes, derricks, powe v s hoels and equipment incidental including completed operations 13831x thereto- rented to others with operators — including _ instal- Grading of Land . , .... . .. 07313xcu -' lation, repair or removal ` . . •. ` .. 73912xcu " E a r th m oving equipment other than cranes, derricks and ` power iron or Steel Erection— subway construction . - , .: 16205xcu • ) ; shovels- rented to others with operators— including instal- irrigation or Drainage System Construction — including pile driving " lation, repair or removal 17861 cu or dredging 16255xu Steam boilers, compressors, air pressure tanks, pneumatic •'I a Landscape Gardening — including:completed operations .. _ ,. .. - ..07311xcu fools, 'and- equipment incidental thereto - rented to - others with operators— including installation, repair or removal ..... 73916xu Oil or Gas Pipe Line Construction — including pile driving or dredging 16265xcu Contractors'- Equipment (excluding automobiles) — rented to others Oil or Gas Well Shooting - ;13851 dexz . with operators— including installation, repair or removal 73911u Oil Lease Operators or Gas Lease Operators — natural gas — including Dam or Reservoir Construction 16232xcu completed operations 13122dexz Oil Lease Operators or Gas• Lease Operators — natural gas— within Mark Light or Power`Companfes- including outside salesmen, the limits of any town or - city. on the right -of -way of any railroad. • collectors and meter readers — including completed operations or in any ocean, gulf or bay — including completed operations ::.13121dexz except with respect to the installation, servicing or repair of ": " appliances .. 49115xcu Oil Pipe Lines— operation — including maintenance 46100sxz i Electric Light or Power Cooperatives — Rural Electrification •Adminis- Oil Refining— petroleum 29112x tration Projects Only — including outside salesmen, collectors Pile Driving: • , . . . • - . _ and meter readers — including completed operations except with Building foundations only . 17805xcu respect to the installation, servicing or repair of appliances - 49116sxc Including timber wharf building ... _ 16294cu Sonic method 16296cu Electric Light or Power Line Construction — Rural Electrification Ad- ministration Projects only 16242xc Plumbing — gas, steam, hot water or other pipe fitting — including actric Light or Powei Line Construction 16245xcu house connections, shop and retail stores or display rooms ... .17185u Excavation - .. 15111 xcu Pneumatic Tube Operation Companies 17863u Gas Companies — natural gas —local distribution —including outside Quarries — i ncluding the operation of crushers 14001x salesmen, collectors and meter readers — including completed operations except with respect- to • the installation, servicing or Railroad Construction — including laying. relaying or removal of repair of appliances - 49221 sxcu tracks or maintenance of way by contractors 16215x (over) • r . . . 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Insuring Agreement 4 Faithful Performance Blanket Position Bond Coverage $ Nil It is agreed that Section III of this policy applies subject to the following provisions: This Surety, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreement, Exclusions and Conditions and other terms of this Bond, agrees, in accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of indemnity in the Table of Limits of Liability to indemnify the Obligee for the use and benefit of the Named Insured for: INSURING AGREEMENTS 1. Honesty Blanket Bond Coverage 3. Faithful Performance Blanket Bond Coverage Loss sustained by the Named Insured through Loss caused to the Named Insured through the any fraudulent or dishonest act or acts com- failure of any of the employees, acting alone or mited by any of the employees, acting alone or in collusion with others, to perform faithfully in collusion with others, during the Bond his duties or to account properly for all monies Period, to an amount not exceeding in the and property received by virtue of his position aggregate the amount stated in the Table of or employment during the Bond Period to an Limits of Liability applicable to this Insuring amount not exceeding in the aggregate the Agreement 1. amount stated in the Table of Limits of Lia- bility applicable to this,Insuring Agreement 3. 4. Faithful Performance Blanket Position Bond Coverage 2. Honesty Blanket Position Bond Coverage Loss caused to the Named Insured through the Failure of any of the employees, acting alone or Loss sustained by the Named Insured through in collusion with others, to perform faithfully any fraudulent or dishonest act or acts com- his duties or to account properly for all monies mitted by any of the employees acting alone or and property received by virtue of his position in collusion with others, during the Bond or employment during the Bond Period, the Period, the amount of indemnity on each of amount of indemnity on each of such employ - such employees being the amount stated in the ees being the amount stated in the Table of g Table of Limits of Liability applicable to this Limits of Liability applicable to this Insuring Agreement 4. Insuring Agreement 2. A 9 GENERAL AGREEMENT Loss Under Prior Bond or Policy est of the Named Insu red which prior bond is ter If th e coverage of an Insuring Agreement of this minated, cancelled or allowed to expire as of the g 9 9 Bond is substituted for any prior bond carried by time of such substitution, this Surety agrees that the Named Insured or by any predecessor in inter- such Insuring Agreement applies to loss sustained H32234F Page 1 of 3 by, or caused to, the Named Insured, as the case Insuring Agreement had such Insuring Agree- ' may be, prior to or during the Bond Period, pro- ment with its agreements, conditions and fimi- vided that such loss is discovered after the begin- taticns as of the time of such substitution been ning of the Bond Period and prior to the expiration in force when the acts or defaults causing such of three years from the cancellation of this Bond as loss were committed; and an entirety and that such loss would have been recoverable by the Named Insured or such prede- (3) recovery under such Insuring Agreement on cessor under such prior bond except for the fact account of such loss shall in no event exceed that the time within which to bring suit, action or the amount which would have been recoverable proceeding of any kind thereunder had expired, under such Insuring Agreement in the amount and provided further: for which it is written as of the time of such substitution, had such Insuring Agreement (1) the indemnity afforded by this General Agree- been in force when such acts or defaults were ment shall be a part of and not in addition to committed, or the amount which would have the amount of coverage afforded by the appli- been recoverable under such prior bond had cable Insuring Agreement of this Bond; and such prior bond continued in force until the discovery of such loss if the latter amount be (2) such loss would have been covered under such smaller. EXCLUSION This Bond does not cover any loss sustained by, or obligated by law to exonerate or indemnify any of caused to, the Named Insured under circumstances the employees against liability incurred by them in whereby and to the amount which the Obligee or the performance of their duties. the Named Insured voluntarily undertakes or is CONDITIONS The "GENERAL CONDITIONS" and "CONDITIONS APPLICABLE TO SECTION III" apply to insurance hereunder. The following Additional Conditions are added Insured shall nevertheless have the benefit of such hereunder: Insuring Agreement provided that the evidence Definitions submitted reasonably establishes that the loss was in fact ca by such emp lo y ee thro such acts Section 1. The following terms, as used in this or defaults and prov ided, further, that regardless of Bond, shall have the respective meanings stated in the number of such employees concerned or im- this Section: plicated in such loss, the aggregate liability of this "Employee" as used in Insuring Agreements 1 Surety for any such loss shall not exceed the and 2 means a person while in the employ of amount stated in the Declarations applicable to the Named Insured during the Bond Period who such Insuring Agreement. is not required by law to give bond conditioned Limits of Liability for the faithful performance of his duties and Section 3. Indemnification by this Surety for any who is a member of the staff or personnel of loss under Insuring Agreement 1 or 3 steall not the Named Insured but does not mean any reduce this Surety's liability for other losses under Treasurer or Tax Collector by whatever title the applicable Insuring Agreement, whenever sus - known. tained; provided, however, that this Surety's total Employee as used in Insuring Agreements 3 liability under each such Insuring Agreement for and 4 means a person while in the employ of any loss caused by any employee or in which such the Named Insured during the Bond Period who employee is concerned or implicated is limited to is not required by law to furnish an Individual the applicable amount of indemnity specified in Bond to qualify for office and who is a mem- the Table of Limits of Liability. ber of the staff or personnel of the Named Indemnification by this Surety for any foss under Insured but does not mean any Treasurer or Insuring Agreement 2 or 4 shall not reduce this Tax Collector by whatever title known. Surety's liability for other losses under the applica- Unidentifiable Employee ble Insuring Agreement, whenever sustained; pro - Section 2. In case a loss is alleged to have been vided, however, this Surety's total liability under caused to the Named Insured through acts or de- each such Insuring Agreement as to each employee faults by an employee covered under an applicable is limited to the applicable amount of indemnity Insuring Agreement of this Bond, while such lnsur- specified in the Table of Limits of Liability. ing Agreement is in full force and effect and the Regardless of the number of years this Bond shall Named Insured shall be unable to designate the continue in force and the number of premiums specific employee causing such loss, the named which shall be payable or paid, the limit of this Page 2 of 3 Surety's liability as specified in the Table of Limits Cancellation As To Any Employee of Liability shall not be cumulative from year to Section 5. This Bond shall be deemed cancelled as year or period to period. to any employee: Limit of Liability Under this Bond and Any Prior (a) Immediately upon discovery by the Obligee or Bond the Named Insured of any act on the part of Section 4. With respect to loss under Insuring such employee which would constitute a lia- Agreement 1 or 3 caused by any employee or in bility of this Surety under the applicable Insur- which such employee is concerned or implicated or ing Agreement covering such employee; which is chargeable to such employee as provided in Section 2 of this Bond and with respect to loss (b) Upon the death, resignation or removal of such under Insuring Agreement 2 or 4 caused by any employee; or employee or which is chargeable to such employee as provided in Section 2 of this Bond and with (c) Upon the effective date specified in a written respect to loss under any Insuring Agreement notice mailed to the Obligee and the Named which occurs partly during the Bond Period and Insured. Such date shall be not less than 30 partly during the period of other bonds issued by days after the date of mailing. The mailing by this Surety to the Named Insured or to any prede- this Surety of notice as aforesaid to the Obligee cessor in interest of the Named Insured and and the Named Insured shall be sufficient.proof terminated or cancelled or allowed to expire and in of notice. Delivery of such written notice by which the period specified therein for bringing suit, this Surety shall be equivalent to mailing. action or proceeding of any kind, or if no such period is specified therein, then within the period Legal Proceedings prescribed by the applicable statute of limitations, Section 6. No suit, action or proceeding of any has not expired at the time such loss thereunder is kind to recover on account of loss under this Bond discovered, the total liability of this Surety under shall be brought after the expiration of three years this Bond and under such other bonds shall not from the cancellation of this Bond as an entirety exceed, in the aggregate, the amount carried under provided, however, that if such limitation for the applicable Insuring Agreement of this Bond on bringing suit, action or proceeding is prohibited or such Toss or the amount available to the Named made void by any law controlling the construction Insured under such other bonds, as limited by the of this Bond, such limitation shall be deemed to be terms and conditions thereof, for any such loss if amended so as to be equal to the minimum period the latter amount be larger. of the limitation permitted by such law. SCHOOL SYSTEM RIDER When a school district or board of education is covered as Named Insured or is included as a subordinate unit of the Named Insured it is agreed that this Bond is amended as follows: 1. "Employee" as defined in the attached Bond (a) to any memberof the staff or personnel of shall also be deemed to include any student the Named Insured, other than the Trea- enrolled in a school under the jurisdiction of surer, by whatever title known, of the the Named Insured while handling or having Named Insured, if the Named Insured is a possession of property or funds in connection school district or board of education, how with student activities or while handling or ever named; or having possession of United States Savings Bonds or Stamps or funds in connection with the purchase or sale of such Bonds or Stamps. (b) to any member of the staff or personnel of the board of education, by whatever title 2. Any loss of such property, funds, Bonds or known, of the Named Insured, other than Stamps through any act or default covered by the Treasurer, by whatever title known, of such of the Insuring Agreements of the at- such board, if such board is covered under tached Bond as are in full force and effect and the attached Bond as a subordinate unit of committed by any employee shall be deemed the Named Insured; or to be a loss sustained by, or caused to, the Named Insured under such applicable Insuring (c) to any student enrolled in any school under Agreement, whether or not the Named Insured the jurisdiction of the Named Insured; and is legally liable therefor. 3. The reference to "Treasurer" in the definition in any event while such members, personnel or stu- of the word "employee" as contained in the dents handle or have possession of such property, attached Bond shall not apply: funds, Bonds or Stamps as aforesaid. H32234F Page 3 of 3 At ‘�SURAIy� t MONEY ORDERS, COUNTERFEIT PAPER CURRENCY HOME) AND DEPOSITORS FORGERY ENDORSEMENT C QM PAS kE� NAMED INSURED POLICY NUMBER I ST- 8776170 -65613 ADDITIONAL DECLARATIONS Limits of Liability $ Nil Money Orders and Counterfeit Paper Currency $ 50 , 000. Depositors Forgery It is agreed that Section I11 of this policy applies subject to the following provisions: INSURING AGREEMENTS Money Paper Currency Orders and Counterfeit Pa er Currenc transaction with the Named Insured, or with Coverage: The company shall pay the Named In- one acting as agent of the Named Insured, by sured for Toss due to the acceptance in good faith, anyone impersonating another and made or in exchange for merchandise, money or services, of drawn payable to the one so impersonated and any: post office, express company, National, State endorsed by anyone other than the one so im- or Canadian chartered bank money order, issued or personated; and purporting to have been issued by any post office, express company, National, State or Canadian (c) any payroll check, payroll draft or payroll order made or drawn by the Named Insured, chartered bank, if such money order is not paid upon presentation, or due to the acceptance in payable to bearer as well as to a named payee good faith in the regular course of business of and endorsed by anyone other than the named counterfeit United States or Canadian paper cur - payee without authority from such payee; rency. whether or not any endorsement mentioned in (a), This insurance does not apply (a) to loss due to (b) or (c) be a forgery within the law of the place controlling the construction thereof. war, whether or not declared, civil war, insurrec- tion, rebellion or revolution, or to any act or con- Mechanically reproduced facsimile signatures are dition incident to any of the foregoing, or (b) to treated the same as handwritten signatures. loss due to any fraudulent, dishonest or criminal The Named Insured shall be entitled to priority of act by any Named Insured or a partner therein, payment over loss sustained by any bank aforesaid. whether acting alone or in collusion with others. Loss under this Insuring Agreement, whether sus- tained by the Named Insured or such bank, shalt be Depositors Forgery Coverage: The company shall \ paid directly to the Named Insured in its own pay the Named Insured for loss which the Named name, except in cases where such bank shall have Insured or any bank which is included in the already fully reimbursed the Named Insured for Named Insured's proof of loss and in which the such loss. The liability of the company to such Named Insured carries a checking or savings ac- bank for such loss shall be a part of and not in count, as their respective interests may appear, addition to the amount of insurance applicable to shall sustain through forgery or alteration of, on or the Named Insured's office to which such loss in any check, draft, promissory note, bill of ex- would have been allocated had such loss been sus - change, or similar written promise, order or direc- tained by the Named Insured. tion to pay a sum certain in money, made or drawn by or drawn upon the Named Insured, or made or If the Named Insured or such bank shall refuse to drawn by one acting as agent of the Named In- pay any of the foregoing instruments made or sured, or purporting to have been made or drawn drawn as hereinbefore set forth, alleging that such as hereinbefore set forth, including: instruments are forged or altered, and such refusal (a) any check or draft made or drawn in the name shall result in suit being brought against the Named of the Named Insured, payable to a fictitious Insured or such bank to enforce such payment and payee and endorsed in the name of such ficti- the company shall give its written e consent to the i defense of such suit, then any reasonable attor- N.._ tious payee; neys' fees, court costs, or similar legal expenses (b) any check or draft procured in a face to face incurred and paid by the Named insured or such H32199F Page 1 of 3 � r bank in such defense shall be construed to be a loss the company for such loss shall be in addition to • under this Insuring Agreement and the liability of any other liability under this Insuring Agreement. CONDITIONS The "GENERAL CONDITIONS" and "CONDITIONS APPLICABLE TO SECTION Ill" apply to insurance hereunder with the following exceptions: A. CONDITION 6. "Other Insurance" of "CON- Books and Records. The Named Insured shalt DITIONS APPLICABLE TO SECTION III" is keep records of all the insured property in such amended by the following: manner that the company can accurately deter- mine therefrom the amount of loss. Other insurance. As respects Depositors For - P P er Coverage, the company 9 Y 9 P Y shall be liable hereunder only for that part of such loss which Recoveries. If the Named Insured shall sustain is in excess of the amount recoverable or re any loss covered by this endorsement which ec recov- y y ndorsement whic ered from such other insurance or indemnity, exceeds the applicable amount of insurance except that if such other insurance or indemni- hereunder, the Named Insured shall be entitled P ty is a bond or policy of fidelity insurance, any to all recoveries (except from suretyship, insur- covered under both such fidelity insurance ance, reinsurance, security co b c d ty n ance c ,sec ty or indemnity taken and Depositors Forgery Coverage shall first be by or for the benefit of the company) by paid under Depositors Forgery Coverage. The whomsoever made, on account of such loss company waives any right of contribution under this endorsement until fully reimbursed, which it may have against any forgery insur- less the actual cost of effecting the same; and ance carried by any depository bank which is any remainder shall be applied to the reim- indemnified under Depositors Forgery Cov- bursement of the company. erage. Joint Named Insured. If more than one Named B. The following Additional Conditions are added Insured is named in the Declarations, the hereunder: Named Insured first named shall act for every Named Insured for all purposes of this endorse- Superseded Insurance. If similar insurance of ment. Knowledge possessed or discovery made the Named Insured, consisting of one or more by any Named Insured or by any partner or policies affording continuous coverage, termi- officer thereof shall constitute knowledge pos- nated with the beginning of this endorsement sessed or discovery made by every Named In- period, loss, to the extent that it is not insured cured• under such prior insurance solely because of late discovery, shall be deemed to have oc- curred on the first day of this endorsement omits of Liability. period. 1. Under the Money Orders and Counterfeit Paper Discovery Period. This endorsement applies Currency Coverage the Limit of Liability speci- only to loss which occurs during the endorse- fied in the Additional Declarations is the total ment period and is discovered not later than limit of the company's liability with respect to one year from the end of the endorsement all loss of property of one or more persons or period. organizations arising out of any one occur- rence. All loss incidental to an actual or at- Ownership of Property; Interests Covered. The tempted fraudulent, dishonest or criminal act or series of related acts at the premises, insured property may be owned by the Named whether committed by one or more persons, Insured, or held by the Named Insured in any shall be deemed to arise out of one occurrence. capacity whether or not the Named Insured is liable for the loss thereof, or may be property as respects which the Named Insured is legally 2. Under the Depositors Forgery Coverage, the liable; provided this insurance applies only to Limit of Liability specified in the Additional the interest of the Named Insured in such Declarations is the total limit of the company's property, including the Named Insured's liabili- liability with respect to all loss by forgery or ty to others, and does not apply to the interest alteration committed by any person or in of any other person or organization in any of which such person is concerned or implicated, said property unless included in the Named whether such forgery or alteration involves one Insured's proof of loss. or more instruments. Page 2 of 3 • 1 _ •! S CE . - , ' __- THE HOME INSURANCE C( �AIPA - N1E` EDINA OF•;CE CENTER • 76C0 •RANCE A ENE. SG '.. • :1C( • .'+1 r c T :J ..'V Jt.,C A 55435 T ELEP ONE :612 831•8500 Dear Policyholder: RE: Self Inspection Report Under the terms which the policy has been written, a self inspection report must be completed by the policyholder every six months for the duration of the policy period. The report is to be sent to the Home Insurance Loss Control Department. Very truly yours, A Harvey A. Berns Loss Control Manager HAB:ca • • • COMMERCIAL UMBRELLA LIABILITY POLICY NAME INSURED H rt S S O fD C_ d fD 7 Z O 0 A r g I D 0 T N 0 D - 4 n 1 S crn zi 0 E-< 41 3; �3 a m ZD Z iT Z N� rs . 0 S C N— 0 0 10 m O 00 0 ■ THIS POLICY DOES NOT APPLY TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF AIRCRAFT The company agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy, as follows: INSURING AGREEMENTS I. Coverage while acting within the scope of his duties as such, and, if the The company agrees to pay on behalf of the insured for all sums named insured is or includes a partnership, any partner thereof but which the insured shall become obligated to pay as damages, direct only with respect to his liability as such; or consequential, and expenses, all as hereinafter defined as in- (b) except with respect to the ownership, maintenance or use, cluded within the term ultimate net loss, by reason of liability including loading or unloading, of automobiles while away from (a) imposed upon the insured by law, or premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, (1) any employee of the named (b) assumed by the named insured, or by any officer, director, insured while acting within the scope of his duties as such; or (2) stockholder or employee thereof while acting within the scope of any person or organization acting as agent with respect to real his duties as such, under any contract or agreement, estate management for the named insured; because of personal injury, property damage, or advertising liability (c) with respect to any automobile owned by the named in- caused by or arising out of an occurrence which takes place during sured or hired for use by or on behalf of the named insured, any the policy period anywhere in the world. person while using such automobile and any person or organization II. Limits of Liability legally responsible for the use thereof, provided its actual use is � with the permission of the named insured, except Regardless of the number of persons or organizations who are insureds under this policy and regardless of the nature and number (1) any person or organization, or any agent or employee of claims made or suits brought against any or all insureds, the thereof, operating an automobile sales agency repair shop, ser- total limit of the company's liability for any one occurrence shall vice station, storage garage or public parking place, with respect be the ultimate net loss resulting therefrom in excess of the under- to any occurrence arising out of the operation thereof; or lying limit and then only up to the amount stated in the declarations (2) the owners or any lessee, other than the named insured, as the occurrence limit; provided, however, the company's liability of a hired automobile or any agent or employee of such owner is further limited to the amount stated in the declarations as the or lessee; aggregate limit, with respect to all ultimate net loss resulting from one or more occurrences during each annual period while this policy (d) any person or organization to whom or to which the named is in force commencing from its effective date and arising out of insured is obligated by virtue of a written contract to provide in- either (1) products - completed operations liability, or (2) occupa- surance such as is afforded by this policy, but only with respect to tional diseases of employees of insureds, or (3) professional liabili- operations performed by the named insured or facilities owned or ty, such aggregate limit applying separately to (1), (2) and (3). used by the named insured and subject to the underlying limit In the event that the aggregate limits of liability of the under- applicable to the insurance for the named insured with respect to lying insurance are exhausted or reduced as the result of occurrences such operations or facilities; taking place prior to the inception date of this policy, the company shall only be liable to the same extent as if the aggregate limits had (e) any individual who is a named insured, but only with re- not been so exhausted or reduced. spect to the conduct of a business which is insured by the under- lying insurance policies described in the Schedule of Underlying Insurance; III. Definition of Insured, Named Insured • The "named insured" means the person or organization named (f) any other person or organization who is an insured under in the declarations and includes any subsidiary thereof and any any policy of underlying insurance, listed in the Schedule of Under- lying Insurance, subject to all the limitations upon coverage under other organization coming under the named insured's control of such policy other than the limits of the underlying insurer's liability. which it assumes active management. The unqualified word "insured" includes the named insured The insurance afforded applies separately to each insured and also includes: against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the _ (a) any officer, director or stockholder of the named insured limits of the company's liability. POLICY PROVISIONS PART ONE • "`'` JACKET PAGE 1 COMMERCIAL UMBRELLA LIABILITY POLICY BRANCH B/A PRODUCER NUMBER DATE OF 'E RENEWAL OR REPLACEMENT NO. •' 09 { — 0023299 * 125 1 8 -22 -83 mg 55 -C 0024900 Part Two. Item 1 DECLARATIONS POLICY NUMBER 55C— r fJ 4 5 2 9 6 j. 1 Named •9naureal • City of Oak Park Heights • . 14168 — 57th Street North . ADDRESS: Stillwater, Minnesota 55082 • (Number & Street, City or Post Office, Zone, County & State) • • 2. Policy eriod: OF T A M., A STNDARD TE THE ADDRESS From: • 7 -7 -83 To: 7 -7 -84 • Y OF THE . NAMED INSURED IM A AT E STATED HEREIN. REPRESENTATIVE: Agent or Broker • Forest Lake Insurance Agency • Office Address . 232 South Lake • Town and State • Box 188 • . Forest Lake, Minnesota 55025 • CHICAGO INSURANCE COMPANY CHICAGO, ILLINOIS 3. Occurrence limit: $ 5 , 000 , 000.00 6. Premium: $ 1, 900.00 4. Aggregate Limit: $ 5 , 000 , 000.00 $ 5. Retained Limit: $ 10, 000.00 $ Audit Period: Annual [] None EN $ 7. Schedule of Underlying Insurance: Rate : Flat Type of Policy A Applicable Limits Comprehensive General Liability Insurance including;/ ? Bodily Injury: ❑ Products — Completed Operation9G" '-• © Personal Injury 4, r $ 500 ,000. each occurrence 0 Broad Form Property Damage $ 500 ,000. aggregate ❑ Employees as Add'I. Insureds E3 Independent Contractors . - i t Blanket Contractual -i . Property Damage: ❑ - i� " $ 100 ,000. each occurrence ❑ • 1•` 100 ,000. aggregate v� , Insurer: Home or Combined single limit and Policy Number: IST 877 6170 -57296 Aggregate: $ ,000. Policy Term: 7 -7 -83 To 7 - - Comprehensive Automobile Liability Insurance including: Bodily Injury $ ,000. each person ® Non -owned ® Hired Auto $ ,000. each occurrence Property Damage Insurer: Home $ ,000. each occurrence Policy Number: BA 609 4543 70999 Policy Term: 7 - - To 7 -7 -84 or Combined single limit $ 500 ,000. Employers Liability Insurance: Insurer: Home Coverage B: $ 100 ,000. each accident Policy Number: WC 9875 229 67233 Policy Term: 7 - - To 7 -7 -84 8. Other: Form Numbers of Endorsements forming a part of the policy at issue: (— IFC 55 - 28 IFC — CIC 55 - 62 IFC - CIC 55 - 31 IFC - CIC 55 - 53 DO NOT TYPE IN THIS AREA IFC -CIC 55 -33 Endorsements 42 J #1 to i'k2 L s Countersigned by ' = Licensed Resident Agent 255 -C (Rev. 4/83) BRANC 1. COMMISSION %.. PRODUCER NO. PRODUCER NAME: ENDORSEMENT NO. 1 It is hereby understood and agreed that Public Officials Errors & Omissions Liability is excluded under this policy. ❑ INTERSTATE FIRE & CASUALTY COMPANY AU other terms and conditions remain unchanged. Attached to and forming part of No. 55-C 2045296 ® CHICAGO INSURANCE COMPANY Issued to City of Oak Park Heights ❑ INTERSTATE INDEMNITY COMPANY Effective 7 -7 -83 By IIG -3 (Rev. 10J82) ORIGINAL - INSURED'S COPY BRANC ■ 3. COMMISSION% PRODUCER NO. PRODUCER NAME: ENDORSEMENT NO. 2 POLICE PROFESSIONAL LIABILITY - EXCLUSION This policy shall not apply to Personal Injury or Property Damage caused by negligent Acts, Errors and /or Omissions of Police Officers including but not limited to; false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, violation of property rights, or deprivation of any rights, privileges or immunities secured by the Constitution and the laws of the United States. The above exclusion shall not apply with respect to any coverages provided under the Following Form Personal Injury Endorsement attached to the policy. ❑ INTERSTATE FIRE & CASUALTY COMPANY All other terms and conditions remain unchanged. Attached to and forming part of No. 55 — 2045296 Iq CHICAGO INSURANCE COMPANY Issued to City of Oak Park Heights ❑ INTERSTATE INDEMNITY COMPANY Effective 7 -7 -83 By > IIG -3 (Rev. 10/82) ORIGINAL - INSURED'S COPY MUNICIPALITY LIMITATION ENDORSEMENT It is agreed that this policy does not apply to: • 1. liability for personal injury or property damage arising out of mob action, riot or . civil commotion, or out of any act or omission in connection with the prevention or suppression of any of the foregoing; 2. liability arising out of Inverse Condemnation proceedings; 3. liability arising out of or contributed to by any complete or partial failure to supply water, electricity or gas. 4. injury to volunteer firemen and volunteer policemen. It is further agreed that this policy does not apply, except insofar as coverage is provided in the underlying insurance, as set forth in the Schedule of Underlying Insurance to: 1. Property damage arising out of: a. the Explosion Hazard b. the Collapse Hazard c. the Underground Property Damage Hazard 2. Personal Injury: As respects Section IV - Other Definitions - "Personal Injury" b. injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or c. injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or liquidated damages imposed by law; or d. injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. 3. Liability arising out of the ownership, maintenance, repair or control of streets, sidewalks, culverts or bridges. 4. Any claim arising out of the rendering of or failure to render any professional service. 5. Liability of others assumed by the insured under any written or oral contract or agreement. 744 • ktztAi..7. ca / , 4� t Secretary Presi IFC- CIC -55 -53 (Rev. 3/82) PERSONAL INJURY - FOLLOWING FORM It is agreed that, except insofar as coverage is available to the insured in the underlying insurance as set forth in the Schedule of Underlying Insurance, this policy does not apply, as respects Section I V - Other Definitions • "Personal Injury", to: (b) injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or (c) injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. It is further agreed that under no circumstances does this endorsement broaden the coverage • otherwise provided in this policy. ade �-�' S�ttTdry President f JFC- CIC•56 -62 (6/78) • AC ;'ZONAL INSURING AGREEMENT FIRST DOLLAR DEFENSE It is agreed that the following insuring Agreement is added to the policy: Defense - Settlement. With respect to any occurrence not covered by (1) the underlying policy (ies) listed in Declaration 7—Schedul urrence is covered by terms and conditions of r this policy, except for th available the amount of the retained limit provided o stated in cc Declaration 5, the company shall: (a) defend any suit seeking damages because of personal injury, property damage, or advertising liability, even if the allegations of such suit are groundless, false, or fraudulent, provided: (1) the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient, and (2) if such suit is brought elsewhere than in the United States of America, its territories or possessions, or Canada, and if the company is prevented, b the laws of said jurisdiction or otherwise, from carrying out the agreement to defend, the company agr ees to reimburse the insured for defense expense incurred with its written consent; (b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts incurred under this agreement and therefore are payable by the company t y in addition othe applicable liimit of claim or liability of suit) part of ultimate net loss this policy. The insured shall promptly reimburse the company for any amount of ultimate net loss paid on behalf of the insured within the retained limit specified in Declaration 5. Assistance and Cooperation of the Insured. This condition is amended to include the following: In the event of a claim or suit to which the company's defense - settlement undertaking applies, the insured shall immediately forward to the company every demand, notice, summons or other process pertaining to such suit. The insured shall in all other respects cooperate with the company, and upon the company's request assist in making settlement, in the conduct of the suit, and in enforcing any right of contribution or indemnity against any person or organization. • t ¢ Secretary • Preside • - 1FC•CIC•IIC -55 -28 (Rev. 8/80) CON1 .CTORS LIMITATION ENDORSEME1 It is agreed, that such insurance as is afforded by this policy is amended as follows: This policy does not apply: 1. To Property Damage to: (a) contracting equipment leased, loaned or rented to the insured, (b) property being installed, erected or worked upon by any insured, his agents or sub - contractors, or (c) that portion of any property upon which operations are being performed by or on behalf of the named insured in the course of construction, reconstruction or repair. 2. To Personal Injury or Property Damage for: (a) any liability arising out of Joint Venture which is not designated in the declarations as a Named Insured; (b) any liability arising out of any project insured under a "wrap -up" or similar rating plan. 3. To Personal Injury or Property Damage arising out of faulty design, maps, plans, and specifications or any other error, omission or mistake of a professional nature committed or alleged to have been committed by or on behalf of the Insured in the conduct of the Insured's business or occupation. 4. Except insofar as coverage is provided in the underlying insurance at the limits specified in the Schedule of Underlying Insurance attached to this policy, to: (a) Property Damage included within the Explosion hazard - includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the insured by independent contractors, or (3) included within the completed operations hazard or the under- ground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract. The Collapse hazard- includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back filling, tunneling, pile driving, • cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or struc- ture or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the Named Insured by independent contractors, or out of operations performed for the Named Insured by independent contractors, or (2) included with the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract. The Underground Property Damage hazard - includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground Property Damage hazard -means property damage to wire, conduits, pipes mains, sewers, tanks, tunnels, any similar property and any apparatus in connection therewith, beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drill- ings, borrowing, filling, back - filling, or pile driving. The underground property damage hazard does not include property damage, (1) arising out of operations performed for the Named Insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an inci- dental contract. (b) Personal Injury or Property Damage to liability assumed by the insured under any contract or agreement except an incidental contract: "Incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a muncipality required by municipal ordinance, except in connection with work for the municipality, (4) side -track agreement, or (5) elevator maintenance agreement. / 144/71-4„„ Secretary President IFC•CIC•55.31 (6/80) PRODUCTS - COMPLETED OPERATIONS LIABILITY EXCLUSION As respects Section IV - Other Definitions - "Products - completed operations liability ", it is agreed that this policy does not apply to liability arising out of: (a) the handling or use of, the existence of any condition in or a warranty of the named insured's products other than equipment rented to or located for use of others but not sold, if the personal injury or property damage occurs after the named insured has relinquished possession thereof to others; or (b) operations, including operations performed on behalf of the named insured, if the personal injury or property damage occurs after such operations have been completed or abandoned and away from premises owned, rented or controlled by the named insured; provided that operations which may required further service or maintenance work, or correction because improperly or defectively . performed, but which are otherwise complete, shall be deemed completed; and provided further that the following shall not be deemed to be `operations" within the meaning of this paragraph: (I) pick- up and delivery, except from or onto a railroad car; (2) the maintenance of vehicles owned or used by or on behalf of the insured; or (3) the existence of tools, uninstalled equipment and abandoned or unused materials. The word `operations" as used herein includes any act or omission in connec- tion with operations performed by or on behalf of the named insured on premises owned, rented or controlled by the named insured or elsewhere, whether or not goods or products are involved in such operations. It is further agreed that this policy does not apply to any liability of others assumed by the insured under any written or oral contract, agreement, or warranty pertaining to such products or completed operations. d Secretary President IFC- C1C -55 -33 (Rev. 3/82) Iv. Other Definitions. Wherever used in this policy: (b) operations, including operations performed on behalf of heavier-than-air or li hter than air air- the named insured, if the personal injury or property damage "Aircraft" means any g occurs after such operations have been completed or abandoned craft designed to transport persons or property. and away from premises owned, rented or controlled by the named liability" liability arising out of the named insured; provided that operations which may require further service "Advertising tY tY g or maintenance work, or correction because improperly or defec- insured's advertising activities for: tively performed, but which are otherwise complete, shall be deemed (a) Libel, slander or defamation of character; completed; and provided further that the following shall not be (b) Infringement of copyright or of title or of slogan; deemed to be "operations" within the meaning of this paragraph: (1) pick -up and delivery, except from or onto a railroad car; (2) (c) Piracy or unfair competition or idea misappropriation under the maintenance of vehicles owned or used by or on behalf of the an implied contract; insured; or (3) the existence of tools, uninstalled equipment and (d) Invasion of right of privacy; abandoned or unused materials. The word "operations" as used herein includes any act or omission in connection with operations committed or alleged to have been committed in any advertisement, performed by or on behalf of the named insured on premises publicity article, broadcast or telecast. owned, rented or controlled by the named insured or elsewhere, whether or not goods or products are involved in such operations. "Automobile" means a land motor vehicle, trailer or semi - trailer. "property damage" means (1) physical injury to or destruction "Named Insured's Products" means goods or products (includ- of tangible property which occurs during the policy period, including ing any container thereof) manufactured, sold, handled or distrib- the loss of use thereof at any time resulting therefrom, or (2) uted by the named insured, or by others trading under his name. loss of use of tangible property which has not been physically in- jured or destroyed provided such loss of use is caused by an "Occurrence" means injurious exposure to conditions, which re- occurrence during the policy period. sults in personal injury, property damage or advertising injury or arising g sums llo the t following total o the net loss" n means e of damage neither expected nor intended from the standpoint of the out "Ultimate to n one occurrence a which f t policy win lies: insured, except that assault and battery committed by the insured g any for the purpose of protecting persons or property shall be deemed (a) all sums which the insured or any organization as his in- an occurrence. surer, or both, become legally obligated to pay as damages, whether For the purposes of determining the company's liability under by reason of adjudication or settlement, because of personal injury, the terms of Insuring Agreement II, property damage or advertising liability; and (a) with respect to personal injury and property damage, all (b) all expenses incurred by the insured or any organization such exposure to substantially the same general conditions existing as his insurer, or both, in the investigation, negotiation, settlement and defense of any claim or suit seeking such damages, excluding at or emanating from one premises location or source shall be only (1) the salaries of the insured's or insurer's regular employees, deemed one occurrence; and (2) office expenses of the insured or any insurer, and (3) all ex- (b) with respect to advertising liability all ultimate net loss pense included in other valid and collectible insurance. arising out of any advertisements, publicity articles, broadcasts or telecasts or any combination thereof involving the same injurious "Underlying limit" means material or act, regardless of the frequency of repetition thereof, or (a) the amount of the applicable limits of liability of the under- the number or kind of media used, or the number of persons claim- lying insurance • as stated i ing damages, shall be deemed to arise out of one occurrence. in the Schedule of Underlying Insurance, less the amount, if any, by which an aggregate limit of such in- "Personal injury" means (a) bodily injury, shock, disability, sick- surance has been reduced by payment of loss; and ness or disease (including death, and care and loss of services, (b) in addition to the amount applicable in paragraph (a), the mental anguish and mental injury resulting therefrom); (b) injury amount of any other valid and collectible insurance available to the arising out of false arrest, false imprisonment, wrongful eviction, insured, whether such other insurance is stated to be primary, con - wrongful entry, wrongful detention or malicious prosecution; or (c) tributing, excess or contingent (except insurance purchased to injury arising out of racial or religious discrimination not commit- apply in excess of the sum of underlying limits described in par - ted by or at the direction of the named insured or any executive agraph (a), or the retained limit, and the limit of liability here - officer, director, stockholder or partner thereof, but only with respect under); or to liability other than fines, penalties or liquidated damages imposed (c) if the insurance afforded by the underlying insurance pol by law; or (d) injury arising out of libel, slander, defamation of char- icies stated in the Schedule of Underlying Insurance is inapplicable acter, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. to the occurrence, the amount stated in the declarations as the re- tained limit, or the amount of other insurance stated in paragraph "Products— completed operations liability" means liability aris- (b), whichever is greater. ing out of The limits of liability of any underlying insurance policy stated (a) the handling or use of, the existence of any condition in or in the Schedule of Underlying Insurance shall be deemed applicable a warranty of the named insured's products other than equipment irrespective of (1) any defense which the underlying insurer may rented to or located for use of others but not sold, if the personal assert because of the insured's failure to comply with any condition injury or property damage occurs after the named insured has re- of the policy subsequent to an occurrence, or (2) the inability of linquished possession thereof to others; or the underlying insurer to pay by reason of bankruptcy or insolvency. EXCLUSIONS This policy does not apply: (b) to any employee as an insured with respect to personal (a) to any obligation for which the insured or any carrier as injury to another employee of the same employer injured in the ' his insurer may be held liable under any workmen's compensation, course of such employment, but this exclusion shall not apply to • unemployment compensation or disability benefits law, or under personal injury with respect to which insurance is afforded such any 'similar law; insured by underlying insurance; JACKET PAGE 3 - .i -..MINZ. (c) to liability arising out of the owners'"Nmaintenance, oper- named insured, arisi %^N►it of such products or premises or any ation, use, loading or unloading of part of such product_ ,r premises; ' (1) aircraft, or (2) work performed by or on behalf of the named insured arising (2) watercraft over 50 feet in length, if the occurrence takes out of the work or any portion thereof, or out of materials, place away from premises owned by, rented to or controlled parts or equipment furnished in connection therewith; by the named insured; (3) property owned by the named insured; but exclusion (c) (2) shall not apply to liability for personal injury ( to personal injury or property damage due to war, whether to any employee of the insured arising out of and in the course of or not declared, civil war, insurrection, rebellion or revolution, or his employment by the insured; to any act or condition incident to any of the foregoing, with (d) to advertising liability arising out of: respect to liability assumed by the insured under any contract or (1) failure of performance of contract, other than the un- agreement; authorized appropriation of ideas based upon alleged breach of (h) to loss of use of tangible property which has not been an implied contract; physically injured or destroyed resulting from (2) personal injury or property damage; (1) a delay in or lack of performance by or on behalf of the (3) infringement of registered trademarks, service mark or trade named insured of any contract or agreement, or name, other than titles or slogans, by use thereof on or in con- (2) the failure of the named insured's products or work per - nection with goods or services sold, offered for sale or adver- formed by or on behalf of the named insured to meet the level tised; of performance, quality, fitness or durability warranted or represented by the named insured; (4) incorrect description or mistake in advertised price of goods or products sold, offered for sale or advertised; but this exclusion does not apply to loss of use of other tangible (e) to any damages claimed, or expenses incurred for the with property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work per - drawal, inspection, repair, replacement or loss of use of the named insured's products or work completed by or for the named insured formed by or on behalf of the named insured after such products or or of any property of which such products or work form a part, if than an insured; been put to use by any person or organization other such products, work or property are withdrawn from the market th red; or from use because of any known or suspected defect or deficiency (i) to any liability with respect to the ownership, operation, therein; maintenance, loading or unloading, or use of automobiles under (f) to property damage to a first party personal injury protection, uninsured or underinsured (1) the named insured's products or premises alienated by the motorist law. CONDITIONS A. Premium. The advance premium stated in the declarations is vestigations made by the insured with respect to such claim an estimated premium only. Upon termination of this policy the proceedings. earned premium shall be computed in accordance with the com- pany's rules and rates applicable to this insurance. D. Assistance and Cooperation of the Insured. The insured shall be responsible for the investigation, settlement or defense of any The named insured shall maintain records of the information claim made or suit brought or proceeding instituted against the necessary for premium computation and shall send copies of such insured which no underlying insurer is obligated to defend. The records to the company at the end of the policy period and at such insured shall use due diligence and prudence to settle all such times during the policy period as the company may direct. claims and suits which in the exercise of sound judgment should be settled, provided, however, that the insured shall make no settle - B. Inspection and Audit. The company shall be permitted but not ment for any sum in excess of the retained limit without the ap- obligated to inspect the named insured's property and operations proval of the company. at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an under- The company, although without obligation to do so, shall have taking, on behalf of or for the benefit of the named insured or others, the right and be given the opportunity to associate with the insured to determine or warrant that such property or operations are safe or or its underlying insurers, or both, in the defense and control of any healthful, or are in compliance with any law, rule or regulation. claim, suit or proceeding which involves or appears reasonably likely The company may examine and audit the named insured's books to involve the company and in which event the insured, such insurers and records at any time during the policy period and extensions there- and the company shall cooperate in all things in defense of such of and within three years after the final termination of this policy, claims, suit or proceeding. as far as they relate to the subject matter of this insurance. The insured shall cooperate with the underlying insurers as required by the terms of the underlying insurance and comply with C Notice of Occurrence. W hen an occurrence takes place which is all the terms and conditions thereof, and shall enforce any right of I likely to give rise to a claim under this policy, written notice thereof contribution or indemnity against any person or organization who shall be given to the company or any of its authorized agents as soon may be liable to the insured because of personal injury, property Y P J rY P as practicable. Such notice shall contain particulars sufficient to damage or advertising liability with respect to which insurance is identify the insured and also reasonably obtainable information re- afforded under this policy or the underlying policies. specting the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses. E. Appeals. In the event the insured or the insured's underlying The insured shall give like notice of any claim made on ac- insurer elects not to appeal a judgment in excess of the underlying count of such occurrence. If legal proceedings are begun the in- limit or retained limit, the company may elect to do so at its own sured, when requested by the company, shall forward to it each expense, and shall be liable for the taxable costs, disbursements and paper thereon, or a copy thereof, received by the insured or the interest incidental thereto, but in no event shall the liability of the insured's representatives, together with copies of reports of in- company for ultimate net loss exceed the amount herein applicable JACKET PAGE 4 for any one occurrence plus the taxable costs, disbursements and invalidate this policy but in the event of such failure, the company interest incidental to such appeal. shall be liable only to the extent that it would have been liable had the named insured complied therewith. F. Loss Payable. The company's liability under this policy with The named insured shall give the company written notice as respect to any occurrence shall not attach until the amount of the soon as practicable of any change in the scope of coverage or in applicable underlying limit has been paid by or on behalf of the the amount of limits of insurance under any underlying insurance, insured on account of such occurrence. The insured shall make and of the termination of any coverage or exhaustion of aggregate claim for any loss under this policy as soon as practicable after (a) limits of any underlying insurer's liability. the insured shall have paid ultimate net loss in excess of the under- lying limit with respect to any occurrence or (b) the insured's obligation to pay such amounts shall have been finally determined L. Cancelation. This policy may be canceled by the named insured either by judgment against the insured after actual trial or by by surrender thereof to the company or any of its authorized agents written agreement of the insured, the claimant and the company. or by mailing to the company written notice stating when there - subsequent payments are made by the insured on ac- after the cancelation shall be effective. This policy may be canceled If any q y by the company by mailing to the named insured first named in the count of the same occurrence, additional claims shall be made sim- declarations to the last mailing address known to the company writ - ilarly from time to time and shall be payable within 30 days after ten notice stating when not less than thirty days thereafter such proof in conformity with this policy. cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the G. Bankruptcy or Insolvency. Bankruptcy or insolvency of the insured effective date and hour of cancelation stated in the notice shall be- shall not relieve the company of any of its obligations hereunder, come the end of the policy period. If the named insured cancels, earned premium shall be com- H. Subrogation. In the event of any payment under this policy, puted in accordance with the customary short rate tables and pro - the company shall participate with the insured and any underlying cedure. If the company cancels, earned premium shall be computed insurer in the exercise of all the insured's rights of recovery against pro rata. Premium adjustment may be made either at the time any person or organization liable therefor. Recoveries shall be ap- cancelation is effected or as soon as practicable after cancelation plied first to reimburse any interest (including the insured) that becomes effective, but payment or tender of unearned premium is may have paid any amount, with respect to liability in excess of not a condition of cancelation. the limit of the company's liability hereunder; then to reimburse the company up to the amount paid hereunder; and lastly to reim- burse such interests (including the insured), of whom this insur- M. Agent for Named Insureds. If there is more than one named ance is excess, as are entitled to claim the residue, if any; but a insured hereunder, the named insured first named in item 1 of the different apportionment may be made to effect settlement of a declarations shall be deemed to be the agent for all named insureds claim by agreement signed by all interests. Reasonable expenses with respect to notice of cancelation, payment of return premium. incurred in the exercise of rights of recovery shall be apportioned and in all other matters pertaining to this insurance. among all interests in the ratio of their respective losses for which recovery is sought. N. Employers' Liability— Common Law Defenses. As a condition to 1. Changes. Notice to any agent or knowledge possessed by any the recovery of any loss under this policy, with respect to personal injury to or the death of any employee arising out of and in the agent or by any other person shall not effect a waiver or a change course of employment by the named insured, the named insured in any part of this policy or estop the company from asserting any warrants that it has not and will not abrogate its common law de- rights under the terms of this policy; nor shall the terms of this fenses under any workers' compensation or occupational disease law policy be waived or changed, except by endorsement issued to form b rejection thereof, or otherwise. In the event the named insured a part of this policy. should, at any time during the policy period, abrogate such defenses, such insurance as is afforded with respect to such employee shall J. Assignment. Assignment of interests under this policy shall not automatically terminate at the same time. bind the company unless and until its consent is endorsed hereon. 0. Declarations. By acceptance of this policy the named insured K. Maintenance of Underlying Insurance. Each policy described in agrees that the statements in the application and the declarations, the declarations, including renewals or replacements thereof, not and in any subsequent notice relating to underlying insurance are more restrictive in coverage, shall be maintained in full effect during its agreements and representations, that this policy is issued and the currency of this policy, except for any reduction of the aggregate continued in reliance upon the truth of such representations and limit or limits contained therein solely by payment of claims in re- that this policy embodies all agreements existing between the spect of occurences taking place during the period of this policy. named insured and the company or any of its agents relating to Failure of the named insured to comply with the foregoing shall not this insurance. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page and countersigned on the aforesaid declarations page by a duly authorized representative of the company. c ji ii/( d .,.. d dent ,.■ JACKET PAGE 5 NUCI EAR ENERGY LIABILITY EXCLUSION ENDORSEMENT , (Broad Form) . - 'It is agreed that the policy does not apply: IV. As used in this endorsement: ' I. Under any Liability Coverage, to injury, sickness, disease, ' "hazardous properties" include radioactive, toxic or explosive death or destruction properties; 'nuclear material" means source material, special nuclear ma- (a) with respect to which an insured under the policy is also terial or byproduct material; an insured under a nuclear energy liability policy issued by Nuclear "source material," "special nuclear material," and "byproduct Energy Liability Insurance Association, Mutual Atomic Energy Liability material" have the meanings given them in the Atomic Energy Act Underwriters or Nuclear Insurance Association of Canada, or would be of 1954 or in any law amendatory thereof; an insured under any such policy but for its termination upon "spent fuel" means any fuel element or fuel component, solid exhaustion of its limit of liability; or or liquid, which has been used or exposed to radiation in a nuclear (b) resulting from the hazardous properties of nuclear material reactor: and with respect to which (1) any person or organization is required "waste" means any waste material to maintain financial protection pursuant to the Atomic Energy Act (a) containing byproduct material other than the tailings or of 1954, or any law amendatory thereof. or (2) the insured is, or had wastes produced by the extraction or concentration of uranium or this policy not been issued would be, entitled to indemnity from the thorium from any ore processed primarily for its source material United States of America, or any agency thereof, under any agree- content, and ment entered into by the United States of America, or any agency (b) resulting from the operation by any person or organization thereof, with any person or organization. of any nuclear facility included under the first two paragraphs of II. Under any Medical Payments Coverage, or under any Supple- the definition of nuclear facility; mentary Payments provision relating to immediate medical or surgical "nuclear facility" means relief, to expenses incurred with respect to bodily injury, sickness, (a) any nuclear reactor, disease or death resulting from the hazardous properties of nuclear (b) any equipment or device designed or used for (1) separat- material and arising out of the operation of a nuclear facility by any ing the isotopes of uranium or plutonium, (2) processing or utiliz- person or organization. ing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricat- III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of ing or alloying of special nuclear material if at any time the total nuclear material, if amount of such material in the custody of the insured at the prem- (a) nuclear facility owned by, ises where such equipment or device is located consists of or con- a) the nuclear material (1) is at any Y Y tains more than 25 grams of plutonium or uranium 233 or any or operated by or on behalf of, an insured or (2) has been discharged combinaton thereof, or more than 250 grams of uranium 235, or dispersed therefrom; (d) any structure, basin, excavation, premises or place pre - (b) the nuclear material is contained in spent fuel or waste at pared or used for the storage or disposal of waste, any time possessed, handled, used, processed, stored, transported or and includes the site on which any of the foregoing is located, all disposed of by or on behalf of an insured; or operations conducted on such site and all premises used for such (c) the injury, sickness, disease, death or destruction arises out operations; of the furnishing by an insured of services, materials, parts or "nuclear reactor" means any apparatus designed or used to equipment in connection with the planning, construction, maintenance, sustain nuclear fission in a self- supporting chain reaction or to operation or use of any nuclear facility, but if such facility is located contain a critical mass of fissionable material; within the United States of America, its territories or possessions or With respect to injury to or destruction of property, the word Canada, this exclusion (c) applies only to injury to or destruction of "injury" or "destruction" includes all forms of radioactive con - property at such nuclear facility. tamination of property. This endorsement modifies the provisions of the policy relating cable in the States of Maryland, New Hampshire and Vermont. to Personal Injury or Property Damage Liability, but is inappli- EXCLUSION OF CONTAMINATION OR POLLUTION It is agreed that such insurance as is afforded by this policy materials or other irritants, contaminants or pollutants into or upon shall not apply to personal injury or property damage arising out land, the atmosphere or any watercourse or body of water; but this of the discharge, dispersal, release or escape of smoke, vapors, exclusion does not apply if such discharge, dispersal, release or soot, fumes, acid, alkalis, toxic chemicals, liquids or gases, waste escape is sudden and accidental. Supplementary Exclusion (Described Operations) It is agreed that, in respect to operations described in this en- water, such insurance as is afforded by this policy shall not apply dorsement, if there is a discharge, dispersal. release or escape of oil to personal injury or property damage arising out of such discharge, or other petroleum substance or derivative (including any oil refuse dispersal, release or escape whether or not sudden and accidental. or oil mixed with wastes) into or upon any watercourse or body of Description of Operations Gas Lease Operators — natural gas Oil or Gas Wells — drilling or redrilling, installation or recovery of casing Gasoline Recovery —from ca. head or natural gas Oil or Gas Wells— instrument logging or survey work in wells Non - operating working interests Oil or Gas Wells— perforating of casing Oil Lease Operators Oil or Gas Well Shooting Oil Pipe Lines — operation, including maintenance Oil or Gas Wells — acidizing Oil Rig or Derrick Erecting or Dismantling —wood or Oil or Gas Wells— cementing metal — including construction of foundations or structures or in- Oil or Gas Wells— cleaning or swabbing —by contractors stallation of equipment JACKET PAGE 6 • CO M M L IAB I LITY ERCIAL POL UMBRELLA NAME INSURED ■ F H rt S 0 fD C t - '2.4) Z D O � c D 3 am r O ' N - Z ^� � 11 < `� O O A rt O THIS POLICY DOES NOT APPLY TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF AIRCRAFT The company agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy, as follows: INSURING AGREEMENTS I. Coverage while acting within the scope of his duties as such, and, if the The company agrees to pay on behalf of the insured for all sums named insured is or includes a partnership, any partner thereof but which the insured shall become obligated to pay as damages, direct only with respect to his liability as such; or consequential, and expenses, all as hereinafter defined as in- (b) except with respect to the ownership, maintenance or use, cluded within the term ultimate net loss, by reason of liability including loading or unloading, of automobiles while away from (a) imposed upon the insured by law, or premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, (1) any employee of the named (b) assumed by the named insured, or by any officer, director, insured while acting within the scope of his duties as such; or (2) stockholder or employee thereof while acting within the scope of any person or organization acting as agent with respect to real his duties as such, under any contract or agreement, estate management for the named insured; because of personal injury, property damage, or advertising liability (c) with respect to any automobile owned by the named in- caused by or arising out of an occurrence which takes place during sured or hired for use by or on behalf of the named insured, any the policy period anywhere in the world. person while using such automobile and any person or organization II. Limits of Liability legally responsible for the use thereof, provided its actual use is with the permission of the named insured, except Regardless of the number of persons or organizations who are insureds under this policy and regardless of the nature and number (1) any person or organization, or any agent or employee of claims made or suits brought against any or all insureds, the thereof, operating an automobile sales agency repair shop, ser- total limit of the company's liability for any one occurrence shall vice station, storage garage or public parking place, with respect be the ultimate net loss resulting therefrom in excess of the under- to any occurrence arising out of the operation thereof; or lying limit and then only up to the amount stated in the declarations (2) the owners or any lessee, other than the named insured. as the occurrence limit; provided, however, the company's liability of a hired automobile or any agent or employee of such owner is further limited to the amount stated in the declarations as the aggregate limit, with respect to all ultimate net loss resulting from or lessee; one or more occurrences during each annual period while this policy (d) any person or organization to whom or to which the named is in force commencing from its effective date and arising out of insured is obligated by virtue of a written contract to provide in- either (1) products - completed operations liability, or (2) occupa- surance such as is afforded by this policy, but only with respect to tional diseases of employees of insureds, or (3) professional liabili- operations performed by the named insured or facilities owned or ty, such aggregate limit applying separately to (1), (2) and (3). used by the named insured and subject to the underlying limit In the event that the.aggregate limits of liability of the under- applicable to the insurance for the named insured with respect to lying insurance are exhausted or reduced as the result of occurrences such operations or facilities; taking place prior to the inception date of this policy, the company shall only be liable to the same extent as if the aggregate limits had (e) any individual who is a named insured, but only with re- not been so exhausted or reduced. spect to the conduct of a business which is insured by the under- lying insurance policies described in the Schedule of Underlying Insurance; III. Definition of Insured, Named Insured The "named insured" means the person or organization named (f) any other person or organization who is an insured under the declarations and includes any subsidiary thereof and any any policy of underlying insurance, listed in the Schedule of Under - in in other organization card i h ide s the named insured's control of lying Insurance, subject to all the limitations upon coverage under which it assumes active management. such policy other than the limits of the underlying insurer's liability. The unqualified word "insured" includes the named insured The insurance afforded applies separately to each insured and also includes: against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the (a) any officer, director or stockholder of the named insured limits of the company's liability. POLICY PROVISIONS PART ONE JACKET PACE 1 COMMERCIAL UMBRELLA LIABILITY POLICY . BRANCH B/A PRODUCER NUMBER DATE OF ' JE RENEWAL OR REPLACEMENT NO. 09 _ 0000325* 200 I 1 -6 -84 tk 55 —C 2045296 I em Two. DECLARATIONS POLICY NUMBER 55C- 2 0 6 5 5 2 8 • 1. • City of Oak Par Heights Named .-9n4ured - 14168 — 57th Street . Stillwater, Minnesota 55082 ADDRESS: • • (Number & Street, City or Post Office, Zone, County & State) - - 2. Policy Period: o THE NAME AIINSUREDIAs sT TEDANEREIN. From: • 7-7 -84 To: 7 -7 -85 • REPRESENTATIVE: Agent or Broker • John H. Crowther , Inc. - Office Address . 750 Soo Line Building • Town and State • Minneapolis, Minnesota 55402 • • CHICAGO INSURANCE COMPANY CHICAGO, ILLINOIS 3. Occurrence Limit: $ 5 , 00 0,000.00 6. Premium: $ 2, 275.00 4. jAggregate Limit: $ 5,000,000.00 $ 5. Retained Limit: $ 10,000.00 $ Audit Period: Annual I] None ® $ 7. Schedule of Underlying Insurance: Rate : Flat Type of Policy .., Applicable Limits Comprehensive General Liability Insurance including: ' - '' Bodily Injury: ® Products — Completed Operations _ • . J ® Personal Injury $ 500 ,000. each occurrence 0 Broad Form Property Damage . �. ite-i $ 500 ,000. aggregate El Employees as Addl. Insureds ' ® Independent Contractors ` ® Blanket Contractual , Property Damage: 0 $ 100 ,000. each occurrence El $ 100 ,000. aggregate Insurer: The Home Insurance Company or Combined single limit and Policy Number: IST 877 6170 Aggregate: $ ,000. Policy Term: 7 -7 -84 To 7 -7 -85 Comprehensive Automobile Liability Insurance including: Bodily Injury' $ ,000. each person IF Non -owned El Hired Auto $ ,000. each occurrence Property Damage Insurer: $ ,000. each occurrence The Home Insurance Company Policy Number: BA 609 4543 000. Policy Term: 7 -7 -84 To 7_7 — RS or Combined single limit $ 500 Employers Liability Insurance: 000. each accident Insurer: The Home Insurance Company Coverage 8: $ 100 Policy Number: PWC 134 0150 Policy Term: 7 -7 -84 To 7 -7 -85 8. Other: Police Professional — $500,000/$500,000.00 Great Southwest Fire Insurance Policy To Be Determined 7 -26 -83 to 7 -26 —R4 Form Numbers of Endorsements forming a part of the policy at issue: (- IFC—CIC 55 -35 IFC —CIC 55 -55 DO NOT TYPE IN THIS AREA • IFC —CIC 55 -53 IIG 55 - Endorsements #1 to #2 L -J 00 Countersigned by • — « • IC7flaf j te • Licensed Resident Agent BRAND COMMISSION% PRODUCErI NO. PRODUCER NAME: ENDORSEMENT NO. 1 It is hereby understood and agreed that Public Officials Errors & Omissions Liability is excluded under this policy. All other terms and conditions remain unchanged. ED INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. 55 -C 2065528 n CHICAGO INSURANCE COMPANY City of Oak Park Heights ❑ INTERSTATE INDEMNITY COMPANY Issued to 7 -7 -84 Effective By 11G -3 (Rev. 10/82) ORIGINAL - INSURED'S COPY BRANCF . COMMISSION% PRODUCtrs NO. PRODUCER NAME: ENDORSEMENT NO. 2 POLICE PROFESSIONAL LIABILITY - FOLLOWING FORM It is agreed that, except insofar as coverage is available to the Insured in the underlying insurance, this policy shall not apply to Personal Injury or Property Damage caused by Negligent Acts, Errors and /or Omissions of Police Officers including but not limited to; false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, violation of property rights, or deprivation of any rights, privileges or immunities secured by the Constitution and the laws of the United States. ❑ INTERSTATE FIRE & CASUALTY COMPANY All other terms and conditions remain unchanged. Attached to and forming part of No. 55 -C 2065528 FX1 CHICAGO INSURANCE COMPANY Issued to City of Oak Park Heights El INTERSTATE INDEMNITY COMPANY Effective 77 By MG-3 (Rev. 10/82) ORIGINAL - INSURED'S COPY EMPLOYEE RETIR. RENT INCOME SECURITY AC EXCLUSION It is hereby understood and agreed that this policy shall not apply with respect to any liability arising out of the intentional or unintentional violation orviolations of any provision or provisions of the Employee Retirement Income SecurityAct of 1974, Public Law 93 -406 (commonly referred to as the Pension Reform Act of 1974). It is further understood and agreed that this exclusion shall be interpreted to include any amendment thereto or similar laws, common or statutory, of any state or of the United States or any political sub - division of either. Secretary President IFC -CIC - 55 - 55 (Rev. 7/84) EXCLUSION OF PROPERTY OF OTHERS IN THE INSURED'S CARE CUSTODY OR CONTROL In consideration of the premium charged, it is agreed that: Such insurance as is afforded by this policy shall not apply to any claim or claims arising out of damage to property of others rented to, occupied or used by, or in the care, custody or control of, the Insured. Secretary President IFC- CIC-55 -35 (Rev. 7/84) • MUNICIPALITY LIMITATION ENDORSEMENT It is agreed that this policy does not apply to: 1. liability for personal injury or property damage arising out of mob action, riot or civil commotion, or out of any act or omission in connection with the prevention or suppression of any of the foregoing; 2. liability arising out of Inverse Condemnation proceedings; - 3. liability arising out of or contributed to by any complete or partial failure to supply water, electricity or gas. 4. injury to volunteer firemen and volunteer policemen. I t is further agreed that this policy does not apply, except insofar as coverage is provided in the underlying insurance, as set forth in the Schedule of Underlying Insurance to: 1. Property damage arising out of: a. the Explosion Hazard b. the Collapse Hazard c. the Underground Property Damage Hazard 2. Personal Injury: As respects Section IV Other Definitions - "Personal Injury" b. injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or c. injury arising out of racial or religious discrimination not committed by or at the direction of the named insured or any executive officer, director, stockholder or partner thereof, but only with respect to liability other than fines, penalties or • liquidated damages imposed by law; or d. injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities. 3. Liability arising out of the ownership, maintenance, repair or control of streets, sidewalks, culverts or bridges. 4. Any claim arising out of the rendering of or failure to render any professional service. 5. Liability of others assumed by the insured under any written or oral contract or agreement. 744 • 61.14/-A, Secretary Presi IFC•CIC•55 -53 (aev. 3/82) ADDITIONAL INSURING AGREEMENT FIRST DOLLAR DEFENSE It is agreed that the following insuring Agreement is added to the policy: Defense- Settlement. With respect to any occurrence not covered by (1) the underlying policy (ies) listed in Declara- tion 7- Schedule of Underlying Insurance, or (2) any other underlying insurance available to the insured and provided such occurrence is covered by the terms and conditions of this policy, except for the amount of the retained limit stated in Declaration 5, the company shall: (a) defend any suit seeking damages because of personal injury, property damage, or advertising liability, even if the allegations of such suit are groundless, false, or fraudulent, provided: (1) the company may make such investiga- tion, negotiation and settlement of any claim or suit as it deems expedient, and (2) if such is brought elsewhere • than in the United States of America, its territories or possessions, or Canada, and if the company is prevented, by the laws of said jurisdiction or otherwise, from carrying out the agreement to defend, the company agrees to reim- burse the insured for defense expense incurred with its written consent; (b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; • (c) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts incurred underthis agreement (except settlement of such claim or suit) are not a part of ultimate net loss and therefore are payable by the company in addition to the applicable limit of liability of this policy. The insured shall promptly reimburse the company for any amount of ultimate net loss paid on behalf of the insured within the retained limit specified in Declaration 5. Assistance and Cooperation of the Insured. This condition is amended to include the following: In the event of a claim or suit to which the company's defense - settlement undertaking applies, the insured shall immediately forward to the company every demand, notice, summons or other process pertaining to such suit. The insured shall in all other respects cooperate with the company, and upon the company's request assist in making settlement, in the conduct of the suit, and in enforcing any right of contribution or indemnity against any person or organization. ::"0-e:4:re 1 2 k j / yir . Secretary President IIG -55 -28 (Rev. 6 /84) Iv. Other Definitions. Wherever used in this policy: (b) operations, including operations performed on behalf of "Aircraft" means any heavier-than-air o l the named insured, if the personal injury or property damage . ir eaor than air air- occurs after such operations have been completed or abandoned craft A designed " m to t persons or property. l and away from premises owned, rented or controlled by the named rther "Advertising liability" means liability arising out of the named or insure nten n o becauserempreop or service insured's advertising activities for: tively performed, but which are otherwise complete, shall be deemed (a) Libel, slander or defamation of character; completed; and provided further that the following shall not be (b) Infringement of copyright or of title or of slogan; deemed to be "operations" within the meaning of this paragraph: (I) pick -up and delivery, except from or onto a railroad car; (2) (c) Piracy or unfair competition or idea misappropriation under the maintenance of vehicles owned or used by or on behalf of the an implied contract; insured; or (3) the existence of tools, uninstalied equipment and (d) Invasion of right of privacy; abandoned or unused materials. The word "operations" as used herein includes any act or omission in connection with operations committed or alleged to have been committed in any advertisement, performed by or on behalf of the named insured on premises publicity article, broadcast or telecast. owned, rented or controlled by the named insured or elsewhere, whether or not goods or products are involved in such operations. "Automobile" means a land motor vehicle, trailer or semi - trailer. "Property damage" means (1) physical injury to or destruction "Named Insured's Products" means goods or products (includ- of tangible property which occurs during the policy period, including ing any container thereof) manufactured, sold, handled or distrib- the loss of use thereof at any time resulting therefrom, or (2) uted by the named insured, or by others trading under his name. loss of use of tangible property which has not been physically in- I jured or destroyed provided such loss of use is caused by an "Occurrence" means injurious exposure to conditions, which re- occurrence during the policy period. sults in personal injury, property damage or advertising injury or "Ultimate net loss" means the total of the following sums damage neither expected nor intended from the standpoint of the insured, except that assault and battery committed by the insured arising out of any one occurrence to which this policy applies: for the purpose of protecting persons or property shall be deemed (a) all sums which the insured or any organization as his in- an occurrence. surer, or both, become legally obligated to pay as damages, whether For the purposes of determining the company's liability under by reason of adjudication or settlement, because of personal injury, the terms of Insuring Agreement II, property damage or advertising liability; and (a) with respect to personal injury and property damage, all (b) all expenses incurred by the insured or any organization such exposure to substantially the same general conditions existing as his insurer, or both, in the investigation, negotiation, settlement at or emanating from one premises location or source shall be and defense of any claim or suit seeking such damages, excluding I deemed one occurrence; and only (1) the salaries of the insured's or insurer's regular employees, (2) office expenses of the insured or any insurer, and (3) all ex- (b) with respect to advertising liability all ultimate net loss pense included in other valid and collectible insurance. arising out of any advertisements, publicity articles, broadcasts or telecasts or any combination thereof involving the same injurious "Underlying limit" means material or act, regardless of the frequency of repetition thereof, or (a) the amount of the applicable limits of liability of the under - the number or kind of media used, or the number of persons claim- lying insurance as stated in the Schedule of Underlying Insurance, ing damages, shall be deemed to arise out of one occurrence. less the amount, if any, by which an aggregate limit of such in- "Personal injury" means (a) bodily injury, shock, disability, sick- surance has been reduced by payment of loss; and ness or disease (including death, and care and loss of services, (b) in addition to the amount applicable in paragraph (a), the I mental anguish and mental injury resulting therefrom); (b) injury amount of any other valid and collectible insurance available to the arising out of false arrest, false imprisonment, wrongful eviction, insured, whether such other insurance is stated to be primary, con - wrongful entry, wrongful detention or malicious prosecution; or (c) tributing, excess or contingent (except insurance purchased to injury arising out of racial or religious discrimination not commit- apply in excess of the sum of underlying limits described in par- ted by or at the direction of the named insured or any executive agraph (a), or the retained limit, and the limit of liability here - officer, director, stockholder or partner thereof, but only with respect under); or to liability other than fines, penalties or liquidated damages imposed by law; or (d) injury arising out of libel, slander, defamation of char- (c) if the insurance afforded by the underlying insurance pol- acter, humiliation or invasion of right of privacy, unless such injury icies stated in the Schedule of Underlying Insurance is inapplicable arises out of advertising activities. to the occurrence, the amount stated in the declarations as the re- tained limit, or the amount of other insurance stated in paragraph "Products— completed operations liability" means liability aris- (b), whichever is greater. ing out of The limits of liability of any underlying insurance policy stated (a) the handling or use of, the existence of any condition in or in the Schedule of Underlying Insurance shall be deemed applicable a warranty of the named insured's products other than equipment irrespective of (1) any defense which the underlying insurer may rented to or located for use of others but not sold, if the personal assert because of the insured's failure to comply with any condition injury or property damage occurs after the named insured has re- of the policy subsequent to an occurrence, or (2) the inability of iinquished possession thereof to others; or the underlying insurer to pay by reason of bankruptcy or insolvency. EXCLUSIONS • This policy does not apply: (b) to any employee as an insured with respect to personal (a) to any obligation for which the insured or any carrier as injury to another employee of the same employer injured in the his insurer may be held liable under any workmen's compensation, course of such employment, but this exclusion shall not apply to unemployment compensation or disability benefits law, or under personal injury with respect to which insurance is afforded such any similar law; insured by underlying ins' ^ce; • • JACKET PAGE 3 . • �...., (c) to liability arising out of the owners — ..maintenance, oper- named insured, arisir: --;tt of such products or premises or any - • ation, use, loading or unloading of part of such product. premises; (1) aircraft, or (2) work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of material's, (2) watercraft over 50 feet in length, if the occurrence takes parts or equipment furnished in connection therewith; place away from premises owned by, rented to or controlled by the named insured; (3) property owned by the named insured; but exclusion (c) (2) shall not apply to liability for personal injury (g) to personal injury or property damage due to war, whether to any employee of the insured arising out of and in the course of or not declared, civil war, insurrection, rebellion or revolution, or his employment by the insured; to any act or condition incident to any of the foregoing, with (d) to advertising liability arising out of: respect to liability assumed by the insured under any contract or agreement; (1) failure of performance of contract, other than the un- authorized appropriation of ideas based upon alleged breach of (h) to loss of use of tangible property which has not been an implied contract; physically injured or destroyed resulting from (2) personal injury or property damage; (1) a delay in or lack of performance by or on behalf of the (3) infringement of registered trademarks, service mark or trade named insured of any contract or agreement, or name, other than titles or slogans, by use thereof on or in con- (2) the failure of the named insured's products or work per - nection with goods or services sold, offered for sale or adver- formed by or on behalf of the named insured to meet the level tised; of performance, quality, fitness or durability warranted or represented by the named insured; (4) incorrect description or mistake in advertised price of goods or products sold, offered for sale or advertised; but this exclusion does not apply to loss of use of other tangible (e) to any damages claimed, or expenses incurred for the with- property resulting from the sudden and accidental physical injury inspection, repair, replacement or Toss of use of the named fo or d of the named insured's products fter such work per drawal, ins p P P formed by or on behalf of the named insured after such roducts insured's products or work completed by or for the named insured or work have been put to use by any person or organization other or of any property of which such products or work form a part, if than an insured; such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency (i) to any liability with respect to the ownership, operation, therein; maintenance, loading or unloading, or use of automobiles under (f) to property damage to a first party personal injury protection, uninsured or underinsured (1) the named insured's products or premises alienated by the motorist law. CONDITIONS A. Premium. The advance premium stated in the declarations is vestigations made by the insured with respect to such claim an estimated premium only. Upon termination of this policy the proceedings. earned premium shall be computed in accordance with the com- pany's rules and rates applicable to this insurance. D. Assistance and Cooperation of the Insured. The insured shall The named insured shall maintain records of the information be responsible for the investigation, settlement or defense of any claim made or suit brought or proceeding instituted against the necessary for premium computation and shall send copies of such insured which no underlying insurer is obligated to defend. The records to the company at the end of the policy period and at such insured shall use due diligence and prudence to settle all such times during the policy period as the company may direct. claims and suits which in the exercise of sound judgment should be settled, provided, however, that the insured shall make no settle - B. Inspection and Audit. The company shall be permitted but not ment for any sum in excess of the retained limit without the ap- obligated to inspect the named insured's property and operations - proval of the company. at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an under- The company, although without obligation to do so, shall have taking, on behalf of or for the benefit of the named insured or others, the right and be given the opportunity to associate with the insured to determine or warrant that such property or operations are safe or or its underlying insurers, or both, in the defense and control of any healthful, or are in compliance with any law, rule or regulation. claim, suit or proceeding which involves or appears reasonably likely company may examine and audit the named insured's books to involve the company and in which event the insured, such insurers The com p Y and the company shall cooperate in all things in defense of such and records at any time during the policy period and extensions there - claims, suit or proceeding. of and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. The insured shall cooperate with the underlying insurers as required by the terms of the underlying insurance and comply with C. Notice of Occurrence. When an occurrence takes place which is all the terms and conditions thereof, and shall enforce any right of likely to give rise to a claim under this policy, written notice thereof contribution or indemnity against any person or organization who shall be given to the company or any of its authorized agents as soon may be liable to the insured because of personal injury, property as practicable. Such notice shall contain particulars sufficient to damage or advertising liability with respect to which insurance is identify the insured and also reasonably obtainable information re- afforded under this policy or the underlying policies. specting the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses. E Appeals. In the event the insured or the insured's underlying The insured shall give like notice of any claim made on ac- insurer elects not to appeal a judgment in excess of the underlying count of such occurrence. If legal proceedings are begun the in- limit or retained limit, the company may elect to do so at its own sured, when requested by the company, shall forward to it each expense, and shall be liable for the taxable costs, disbursements and paper thereon, or a copy thereof, received by the insured or the interest incidental thereto, but in no event shall the liability of the 1 insured's representatives, together with copies of reports of in- company for ultimate net loss exceed the amount herein applicable JACKET PAGE 4 for any one occurrence plus the taxable costs, disbursements and invalidate this policy but in the event of such failure, the company interest incidental to such appeal. shall be liable only to the extent that it would have been liable had the named insured complied therewith. F. Loss Payable. The company's liability under this policy with The named insured shall give the company written notice as respect to any occurrence shall not attach until the amount of the soon as practicable of any change in the scope of coverage or in applicable underlying limit has been paid by or on behalf of the the amount of limits of insurance under any underlying insurance, insured on account of such occurrence. The insured shall make and of the termination of any coverage or exhaustion of aggregate claim for any loss under this policy as soon as practicable after (a) limits of any underlying insurer's liability. the insured shall have paid ultimate net Toss in excess of the under- lying limit with respect to any occurrence or (b) the insured's obligation to pay such amounts shall have been finally determined L. Cancelation. This policy may be canceled by the named insured either by judgment against the insured after actual trial or by by surrender thereof to the company or any of its authorized agents written agreement of the insured, the claimant and the company. or by mailing to the company written notice stating when there - If any subsequent payments are made by the insured on ac after the cancelation shall be effective. This policy may be canceled count of the same occurrence, additional claims shall be made sim- by the company by mailing to the named insured first named in the count s ccu i a o up from time a declarations to the last mailing address known to the company writ - proof r conformity time and nd policy. shall be payable s s within 30 days after ten notice stating when not less than thirty days thereafter such cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the G. Bankruptcy or Insolvency. Bankruptcy or insolvency of the insured effective date and hour of cancelation stated in the notice shall be- shall not relieve the company of any of its obligations hereunder. come the end of the policy period. If the named insured cancels, earned premium shall be com- H. Subrogation. In the event of any payment under this policy, puted in accordance with the customary short rate tables and pro - the company shall participate with the insured and any underlying cedure. If the company cancels, earned premium shall be computed insurer in the exercise of all the insured's rights of recovery against pro rata. Premium adjustment may be made either at the time any person or organization liable therefor. Recoveries shall be ap- cancelation is effected or as soon as practicable after cancelation plied first to reimburse any interest (including the insured) that becomes effective, but payment or tender of unearned premium is may have paid any amount, with respect to liability in excess of not a condition of cancelation. the limit of the company's liability hereunder; then to reimburse the company up to the amount paid hereunder; and lastly to reim- burse such interests (including the insured), of whom this insur- M. Agent for Named Insureds. If there is more than one named ance is excess, as are entitled to claim the residue, if any; but a insured hereunder, the named insured first named in item 1 of the different apportionment may be made to effect settlement of a declarations shall be deemed to be the agent for all named insureds claim by agreement signed by all interests. Reasonable expenses with respect to notice of cancelation, payment of return premium, incurred in the exercise of rights of recovery shall be apportioned and in all other matters pertaining to this insurance. among all interests in the ratio of their respective losses for which recovery is sought. N. Employers' Liability— Common Law Defenses. As a condition to I. Changes. Notice to any agent or knowledge possessed by any the recovery of any loss under this policy, with respect to personal agent or by any other person shall not effect a waiver or a change injury to or the death of any employee arising out of and in the course of employment by the named insured, the named insured in any part of this policy or estop the company from asserting any rights under the terms of this policy; nor shall the terms of this warrants that it has not and will not abrogate its common law de- policy be waived or changed, except by endorsement issued to form fences under any workers' compensation or occupational disease law a part of this policy. by rejection thereof, or otherwise. In the event the named insured should, at any time during the policy period, abrogate such defenses, such insurance as is afforded with respect to such employee shall J. Assignment. Assignment of interests under this policy shall not automatically terminate at the same time. bind the company unless and until its consent is endorsed hereon. 0. Declarations. By acceptance of this policy the named insured K. Maintenance of Underlying Insurance. Each policy described in agrees that the statements in the application and the declarations, the declarations, including renewals or replacements thereof, not and in any subsequent notice relating to underlying insurance are more restrictive in coverage, shall be maintained in full effect during its agreements and representations, that this policy is issued and the currency of this policy, except for any reduction of the aggregate continued in reliance upon the truth of such representations and limit or limits contained therein solely by payment of claims in re- that this policy embodies all agreements existing between the spect of occurences taking place during the period of this policy. named insured and the company or any of its agents relating to Failure of the named insured to comply with the foregoing shall not this insurance. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page and countersigned on the aforesaid declarations page by a duly authorized representative of the company. —71A • Secretary d^^ �� President • JACKET PAGE 5 -_ _ . ._ i • NUCLEAR ENERGY LIABILITY EXCLUSION.ENDORSEMENT , (Broad Form) It is agreed that the policy does not apply: IV. As used in this endorsement: I. Under any Liability Coverage, to injury, sickness, disease, "hazardous properties" include radioactive, toxic or explosive death or destruction properties; . • (a) with respect to which an insured under the policy is also 'nuclear material" means source material, special nuclear ma terial or byproduct material; an insured under a nuclear energy liability policy issued by Nuclear "source material," "special nuclear material," and "byproduct Energy Liability Insurance Association, Mutual Atomic Energy Liability material" have the meanings given them in the Atomic Energy Act Underwriters or Nuclear Insurance Association of Canada, or would be of 1954 or in any law amendatory thereof; an insured under any such policy but for its termination upon "spent fuel" means any fuel element or fuel component, solid exhaustion of its limit of liability; or or liquid, which has been used or exposed to radiation in a nuclear (b) resulting from the hazardous properties of nuclear material reactor; and with respect to which (1) any person or organization is required "waste" means any waste material to maintain financial protection pursuant to the Atomic Energy Act (a) containing byproduct material other than the 'tailings or of 1954, or any law amendatory thereof, or (2) the insured is, or had wastes produced by the extraction or concentration of uranium or this policy not been issued would be, entitled to indemnity from the thorium from any ore processed primarily for its source material United States of America, or any agency thereof, under any agree- content, and ment entered into by the United States of America, or any agency (b) resulting from the operation by any person or organization thereof, with any person or organization. of any nuclear facility included under the first two paragraphs of II. Under any Medical Payments Coverage, or under any Supple the definition of nuclear facility; mentary Payments provision relating to immediate medical or surgical "nuclear facility" means relief, to expenses incurred with respect to bodily injury, sickness, (a) any nuclear reactor, disease or death resulting from the hazardous properties of nuclear (b) any equipment or device designed or used for (1) separat- material and arising out of the operation of a nuclear facility by any ing the isotopes of uranium or plutonium, (2) processing or utiliz- person or organization. ing spent fuel, or (3) handling, processing or packaging waste, III. Under any Liability Coverage, to injury, sickness, disease, (c) any equipment or device used for the processing, fabricat- death or destruction resulting from the hazardous properties of mg or alloying of special nuclear material if at any time the total nuclear material, if amount of such material in the custody of the insured at the prem- ises where such equipment or device is located consists of or con. (a) the nuclear material (1) is at any nuclear facility owned by, tains more than 25 grams of plutonium or uranium 233 or any or operated by or on behalf of, an insured or (2) has been discharged combination thereof, or more than 250 grams of uranium 235, or dispersed therefrom; (d) any structure, basin, excavation, Y premises or place pre- (b) the nuclear material is contained in spent fuel or waste at pared or used for the storage or disposal of waste, any time possessed, handled, used, processed, stored, transported or and includes the site on which any of the foregoing is located, all disposed of by or on behalf of an insured; or operations conducted on such site and all premises used for such (c) the injury, sickness, disease, death or destruction arises out operations; of the furnishing by an insured of services, materials, parts or "nuclear reactor" means any apparatus designed or used to equipment in connection with the planning, construction, maintenance, sustain nuclear fission in a self-supporting chain reaction or to operation or use of any nuclear facility, but if such facility is located contain a critical mass of fissionable material; within the United States of America, its territories or possessions or With respect to injury to or destruction of property, the word Canada, this exclusion (c) applies only to injury to or destruction of "injury" or "destruction" includes all forms of radioactive con - property at such nuclear facility. tamination of property. This endorsement modifies the provisions of the policy relating cable in the States of Maryland, New Hampshire and Vermont. to Personal injury or Property Damage Liability, but is inappli- EXCLUSION OF CONTAMINATION OR POLLUTION It is agreed that such insurance as is afforded by this policy materials or other irritants, contaminants or pollutants into or upon shall not apply to personal injury or property damage arising out land, the atmosphere or any watercourse or body of water; but this of the discharge, dispersal, release or escape of smoke, vapors, exclusion does not apply if such discharge, dispersal, release or soot, fumes, acid, alkalis, toxic chemicals, liquids or gases, waste escape is sudden and accidental. Supplementary Exclusion (Described Operations) It is agreed that, in respect to operations described in this en- water, such insurance as is afforded by this policy shall not apply dorsement, if there is a discharge, dispersal, release or escape of oil to personal injury or property damage arising out of such discharge, or other petroleum substance or derivative (including any oil refuse dispersal, release or escape whether or not sudden and accidental. or oil mixed with wastes) into or upon any watercourse or body of Description of Operations Gas Lease Operators — natural gas Oil or Gas Wells— drilling or redrilling, installation or recovery of casing Gasoline Recovery —from ca. head or natural gas Oil or Gas Wells— instrument logging or survey work in wells Non - operating working interests Oil or Gas Wells— perforating of casing • Oil or Gas Well Shooting Oil Lease Operators Oil Pipe Lines — operation, including maintenance Oil or Gas Wells — acidizing Oil Rig or Derrick Erecting or Dismantling —wood or Oil or Gas Wells— cementing metal — including construction of foundations or structures or in- Oil or Gas Wells— cleaning or swabbing —by contractors stailation of equipment JACKET PAGE 6 „ ■ DECLARATIONS COMMERCI UMBRELLA POLICY AGENCY__lorest Lake Insurance Agency 6 -248 CITY Forest Lake MN POLICY TERM POLICY NUMBER 852106 71978089 7 7 85 7 7 86 FROM 12:01 A.M. TO 12:01 A.M. standard time at the address of the named insured INSURED City of Oak Park Heights PREMIUM: $ 6,600. STREET 14168 57th St CITY & STATE Stillwater MN 55082 LIMITS OF LIABILITY: OCCURRENCE LIMIT $ 1,000,000. AGGREGATE LIMIT $ 1,000,000. RETAINED LIMIT $10,000 SCHEDULE OF UNDERLYING INSURANCE POLICIES TYPE OF POLICY LIMITS OF LIABILITY INSURER BODILY INJURY PROPERTY DAMAGE Comprehensive Automobile Liability $ ea. per. I $ ea. occ. ea. occ. _Garage Liability or $ 500,00 Single Limit Home Insurance Co X - Non -Ownership & Hired Cars Comprehensive General Liability $ ea. per. $ ea. occ. ea. occ. a99• In cluding Products and including: agg. prod. or X - Personal Injury ,Non- Ownership I $ 600,000. Single Limit Home Insurance Co. & Hired Cars $ 600, 000. Single Limit Agg. X_Blanket Contractual _Garage Liability X_Employers Liability (Part II of Bodily Injury By Accident $100,000 ea. acc. Home Insurance Co. Workers Compensation Policy) Bodily Injury By Disease $100,000 ea. emp. Bodily Injury By Disease $500,000 aggregate X Police Professional $1,000,000. /$1,000,000. Single Limit National Causalty Liability __Executive Umbrella Policies Included COMPANY USE ONLY Re Code Endorsements Attached: Cas Code & Class Sub Prem 26043, 26078, 26981, 26153 ' Co Code 082 150- 2,000. 655 0 6,411. Re Type 33 100- 4,600. 655 0 _ 189. _Audited XX Non - Audited 11 11 85 #127 ,[ ��` Date of Issue Countersigned by / "t Agent 0 26521 (6-85) AUTO - OWNERS 0 � eAruto- owners Insurance ENDORSEMENT n AUTO - OWNERS INS, CO. ❑ AUTO - OWNERS MUTUAL INS. CO. ❑ HOME- OWNERS INS. CO. ❑ OWNERS INS. CO. ❑ PROPERTY- OWNERS INS. CO. AGENCY Forest Lake Insurnace Agency 6 -248 Forest Lake MN City Attached to and forming 852106 71978089 part of POLICY NUMBER INSURED City of Oak Park Heights STREET 14168 57th St POLICY TERM CITY & FROM TO STATE Stillwater MN 55082 City State . 7 7 85 7 7 86 • PUBLIC OFFICIAL ERRORS AND OMISSION EXCLUSION ENDORSEMENT It is agreed that no coverage is provided by the policy for claims, suits, actions or proceedings against the insured arising out of any wrongful act by or on behalf of the insureds elected or appointed public officials individually or as members of any board of governors or similar governing Y y g g 8 body while acting within the scope of their or its duties as such. SPECIAL ENDORSEMENTS ATTACHED Effective As Of 7 7 85 Date Of Issue 11 11 85 #127 Countersigned By Authorized Agent SA034MI.000.062785 President 26153 (12 -63) Commercial Umbrella Policy MUNICIPALITY ENDORSEMEN1 In consideration of the premium charged, it is agreed that such insurance as is afforded by this policy does not apply to any liability: 1. for Bodily Injury or Property Damage arising out of mob action, riot or civil commotion, or out of any act or omission in connection with the prevention or suppression of any of the foregoing; 2. arising out of Inverse Condemnation proceedings; 3. arising out of or contributed to by any complete or partial failure to supply water, electricity or gas; or 4. for Personal Injury to any Volunteer Fireman, whether or not such Volunteer Fireman is a member of the named insured's Department, while in the course of his duties as such. It is further agreed that this policy does not as.) exce.t insofar . • - .•e i .r• id - • in the underlyin,a insurance (as set forth in the Sche•u e of Underlying Insurance) to: 1. Property Damage Liability arising out of: a. the explosion hazard b. the collapse hazard c. the underground property damage hazard all as defined in the policies of underlying insurance. 2. Personal Injury Liability arising out of any of the following: a. False arrest, detention or imprisonment, malicious prosecution or humiliation. b. Libel, slander, defamation or violation of right of privacy. c. Wrongful entry or eviction or other invasion of right of private occupancy. d. Discrimination. e. Disability, shock, mental anguish or mental injury. 3. Any Liability arising out of the ownership, maintenance, repair or control of streets, sidewalks, culverts or bridges. 4. Any claim arising out of the rendering of or failure to render any professional service. 5. Liability assumed by the insured under any written contract. 26981 (3 -80) • ABSOLL . POLLUTION EXCLUSION ENDf — SEMENT It is agreed that the exclusion relating to bodily injury or property damage caused by irritants, contaminants or pollutants is replaced by the following: to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke. vapors. soot. fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. 26078 (10 -84) PUNITIVE Do- „4IAGES - FOLLOWING FORM EN RSEMENT It is agreed that this policy covers punitive or exemplary damages only to the extent that such coverage is available to the insured under a policy listed in the Schedule of Underlying Insurance Policies. When coverage is afforded under this policy, the reference under Limits of Liability to "all damages " includes punitive or exemplary damages; provided, however, that such damages are included with compensatory damages in the limits expressed in the Declarations and are not to be construed in any event as additional amounts of insurance. 26043 (2 -82) o..- ice tNSUR'ANOE C'OMPkNY , " _ LANSING, MICHIGAN COMMERCIAL UMBRELLA POLICY Owners insurance w, ems. a � AUTO- OWNERS INSURANCE COMPANY Hereinafter called the Company, in consideration of the payment of the premium, in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy, agrees with the insured named in the Declarations as 'lows: INSURING AGREEMENTS 1. COVERAGE: the judgment and before the Company has paid or tendered or depos- The Company will indemnify the insured for all sums which the insured ited in court that part of the judgment which does not exceed the shall become legally obligated to pay as damages and expenses, all as limit of the Company's liability thereon; hereinafter defined as included within the term ultimate net loss, by (c) pay premiums on appeal bonds required in any such suit, premiums reason of liability on bonds to release attachments in any such suit for an amount not (a) imposed upon by the insured by law, or in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law (b) assumed by the named insured, or by any officer, director, stock- violation arising out of the use of any vehicle to which this policy holder or employee thereof while acting within the scope of his duties applies but the Company shall have no obligation to apply for or fur - as such, under any contract or agreement other than liability as- nish any such bonds; sumed with respect to occurrences taking place prior to the time such contract or agreement became effective (d) pay all reasonable expenses incurred by the insured at the Company's request, including actual loss of earnings not to exceed $35.00 per because of day; (i) personal injury caused by, or and the amounts so incurred, except the settlement of claims and suits, (ii) property damage caused by, or are payable by the Company in addition to the amount payable under this policy for ultimate net loss. (iii) advertising liability arising out of In jurisdictions where the Company may be prevented by law or otherwise an occurrence which takes place during the policy period anywhere in the from carrying out this agreement, the Company shall pay any expense world. incurred with its written consent in accordance with this provision. 11. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS: The insured shall promptly reimburse the Company for any amount of When Underlying Insurance Does Not Apply to an Occurrence: ultimate net loss paid on behalf of the insured within the retained limit. With respect to any occurrence not covered by the underlying insurance When Underlying Insurance Does Apply to an Occurrence: listed in the Schedule of Underlying Insurance Policies hereof, or any This policy does not apply to defense, investigation, settlement or legal other underlying insurance collectible by the insured, but covered by this expenses covered by underlying insurance, but the Company shall have policy except for the amount of retained limit specified herein, the Com- the right and opportunity to associate with the insured in the defense and pany shall: control of any claim or proceeding reasonably likely to involve the Com- (a) have the right and duty to defend with counsel of the Company's pay In such event the insured and the Company shall cooperate choice any suit against the insured alleging such personal injury, property damage or advertising offense and seeking damages 'on In the event that the limits of liability of the underlying insurance listed account thereof, even if any of the allegations of the suit are ground- in the Schedule of Underlying Insurance Policies are exhausted by an less, false or fraudulent, and may make such investigation and settle- occurrence, the Company shall be obligated to assume charge of the ment of any claim or suit as it deems expedient, but the Company settlement or defense of any claim or proceeding against the insured re- shall not be obligated to pay any claim or judgment or to defend any suiting from the same occurrence, but only where this policy applies and suit after the applicable limit of the Company's liability has been ex- is immediately in excess of such listed underlying insurance without inter - hausted by payment of judgments or settlements; vening excess insurance with another insurer. (b) pay all expenses incurred by the Company, all costs taxed against the No obligation under this paragraph shall exist when the applicable limit insured in any suit defended by the Company and all interest on the of the Company's liability has been exhausted by payment of judgments entire amount of any judgment therein which accrues after entry of or settlements. 2652 (9 -78) • III. UNDERLYING LIMIT — RETAINED LIMIT: - The insurance affort. Jpplies separately to each insured against whom claim is made or suit is brought, but the inclusion herein of more than one The Company shall be liable only for ultim .et loss resulting from any insured shall not operate to increase the limits of the Company's liability; one occurrence in excess of either provided, however, the insurance does not apply to a claim for damages (a) the amounts of the applicable limits of liability of the underlying in- by o y named e additional named or additional n na al named insured against any other named surance as stated in the Schedule of Underlying Insurance Policies less the amount, if any, by which any aggregate limit of such insur- ance has been reduced by payment of loss, hereinafter called the VI. OTHER DEFINITIONS: underlying limit, or (b) if the insurance afforded by such underlying insurance is inappli- Wherever used in this policy: • • cable to the occurrence, the amount stated in the Declarations as the "AIRCRAFT" means any heavier- than -air or lighter- than -air aircraft de- retained limit. signed to transport persons or property. The limits of liability of any underlying insurance policy shall be deemed "ADVERTISING LIABILITY" means liability arising out of the named insured's applicable irrespective of any defense which the underlying insurer may advertising activities for: assert because of the insured's failure to comply with any condition of 1. Libel, slander or defamation; • the policy subsequent to an occurrence. IV. LIMITS OF LIABILITY: 2. Infringement of copyright or of title or of slogan; Regardless of the number of (1) insureds under this policy, (2) persons 3. Piracy or unfair competition or idea misappropriation under an implied or organizations who sustain injury or damage to which this policy applies contract; or (3) claims made or suits brought on account of such injury or damage, 4 Invasion of right of privacy; the total limit of the Company's liability for ultimate net loss resulting from any one occurrence shall be the occurrence limit stated in the Dec- committed cr alleged to have been committed in any advertisement, pub - larations; provided, however, that the Company's liability shall be further licity article, broadcast or telecast but such liability shall not include lia- limited to the amount stated as the aggregate limit in the Declarations bility arising out of: • with respect to all ultimate net loss caused by one or more occurrences (a) failure of performance of contract, other than the unauthorized ap- during each annual period while this policy is in force commencing from propriation of ideas based upon alleged breach of an implied con - its effective date and arising out of either (1) the products hazard or the tract; completed operations hazard or (2) occupational disease of employees of the insured or (3) the rendering of or failure to render professional serv- (b) personal injury or property damage; ices by or on behalf of the insured, such aggregate limit to apply sep- (c) infringement of trademark, service mark or trade name, other than arately to (1), (2) and (3). titles or slogans, by use thereof on or in connection with goods or • V. DEFINITION OF INSURED: services sold, offered for sale or advertised; The unqualified word "insured" shall mean: (d) incorrect description or mistake in advertised price of goods or prod - (a) if the named insured is designated in the Declarations as an indi- ucts sold, offered for sale or advertised. vidual, the person so designated but only with respect to the conduct "AUTOMOBILE" means a and motor vehicle, trailer or semi - trailer. of a business of which he is the sole proprietor; "OCCURRENCE" means an accident, including continuous or repeated (b) if the named insured is designated in the Declarations as a partner- exposure to conditions, which causes personal injury, property damage or ship, the partnership so designated and any partner thereof but only advertising liability neither expected nor intended by the insured. with respect to his liability as such; With respect to personal injury and property damage, all such exposure (c) if the named insured is designated in the Declarations as other than to substantially the same general conditions existing at or emanating from an individual or partnership, the organization so designated and any one location or source shall be deemed one occurrence. executive officer, director or stockholder thereof while acting within the scope of his duties as such; With respect to advertising liability, all ultimate net loss arising out of any advertisement, publicity article, broadcast or telecast or any combina- (d) except with respect to the ownership, maintenance and use, includ- tion thereof involving the same injurious material or act, regardless of the ing loading or unloading, of automobiles while away from premises frequency of repetition thereof or the number or kind of media used, owned by, rented to or controlled by the named insured or the ways whether claim is made by one or more persons, shall be deemed to arise immediately adjoining or of aircraft, (1) any employee of the named out of one occurrence. insured while acting within the scope of his duties as such; or (2) any "PERSONAL INJURY" means (1) bodily injury, sickness, disease, disabil- • person m or organization ent for the named acting insured; as agent with respect to real estate ity or shock, including death arising therefrom, or, if arising out of the managem foregoing, mental anguish and mental injury; (2) false arrest, false impris- (e) with respect to any automobile owned by the named insured or hired onment, wrongful eviction, wrongful detention, or malicious prosecution; for use by or on behalf of the named insured, any person while using or (3) libel, slander, defamation of character, humiliation, or invasion of such automobile and any person or organization legally responsible for the rights of privacy, unless arising out of advertising activities; and (4) the use thereof, provided its actual use is with the permission of the racial or religious discrimination not committed by or at the direction of named insured, except the •insured or any executive officer, director or stockholder thereof, but (1) any person or organization, other than the named insured, or any only with respect to the liability other than fines and penalties imposed by agent or employee thereof, operating an automobile sales agency, law. repair shop, service station, storage garage or public parking "PRODUCTS HAZARD" includes personal injury and property damage aris- place, with respect to any occurrence arising out of the operation ing out of the insured's products or reliance upon a representation or war - thereof; or ranty made at any time with respect thereto, but only if the personal injury (2) the owner or any lessee, other than the named insured, of a hired or property damage occurs away from premises owned by or rented to the automobile or any agent or employee of such owner or lessee; insured and after physical possession of such products has been relin- (f) with respect to any aircraft chartered with pilot by or on behalf of the quished to others. named insured, any person using such aircraft and any person legally "COMPLETED OPERATIONS HAZARD" includes personal injury and property responsible for the use thereof, provided its actual use is with the damage arising out of operations or reliance upon a representation or war - permission of the named insured, except ranty made at any time with respect thereto, but only if the personal injury (1) the owner, pilot or air crew thereof or any other person operating or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the the aircraft; or insured. "Operations" include materials, parts or equipment furnished in (2) any manufacturer of aircraft, engines or aviation accessories, or connection therewith. Operations shall be deemed completed at the ear - any aviation sales, service or repair organization or airport or han- liest of the following times: gar operator or any employee of any of them; (a) when all operations to be performed by or on behalf of the insured (g) any person or organization to whom or to which the named insured is under the contract have been completed. • obligated by virtue of a written contract to provide insurance such as (b) when all operations to be performed by or on behalf of the insured at is afforded by this policy, but only with respect to operations per- the site of the operations have been completed, or formed by the named insured or facilities owned or used by the named insured and subject to the underlying limit applicable to the (c) when the portion of the work out of which the injury or damage arises insurance for the named insured with respect to such operations or has been put to its intended use by any person or organization other facilities; than another contractor or subcontractor engaged in performing oper- ations for a principal as part of the same project. (h) any other person or organization who is an insured under any policy of underlying insurance issued to the named insured, subject to all Operations which may require further service or maintenance work, or cor- the limitations upon coverage under such policy other than the limits rection, repair or replacement because of any defect or deficiency, but of the underlying insurer's liability. which are otherwise complete shall be deemed completed. ' - The `completed operations hazard does not i, J personal injury or "ULTIMATE NET LOSS" mea" the total of the following sums arising with property damage arising out of (1) operations in connection with the respect to each occurrenc Nhich this policy applies: transportation of property, unless the personal injury or property damage (a) all • sums which the inured, or any organization as his insurer, or arises out of a condition in or on a vehicle created by the loading or un both, become legally obligated to pay as damages, whether by reason loading thereof, (2) the existence of tools, uninstalled equipment or aban- of adjudication or settlement, because of personal injury, property doned or unused materials. damage or advertising liability; and "PROPERTY DAMAGE" means (1) physical injury to or destruction of tangi- (b) all expenses incurred by the insured in the investigation, negotiation, ble property, including the loss of use thereof, or (2) loss of use of tangi- settlement and defense of any claim or suit seeking such damages, ble property which has not been physically injured or destroyed. excluding only the salaries of the insured's regular employees. "RETAINED LIMIT' is the amount, stated as such in the Declarations, of "HAZARDOUS PROPERTIES," "NUCLEAR MATERIAL," "SPENT FUEL," "WASTE," ultimate net loss resulting from any one occurrence if the insurance af- "NUCLEAR FACILITY" and "NUCLEAR REACTOR" shall have the same mean - forded by the underlying insurance is inapplicable to such occurrence. ing hereunder as in the policies of underlying insurance. EXCLUSIONS THIS POLICY DOES NOT APPLY: (f) to damages claimed for the withdrawal, inspection, repair, replace - (a) to any obligation for which the insured or any carrier as his insurer ment or loss of the use of the insured's products or work completed ati by or for the insured or of any property of which such products or work may be held ion for under whic a workmen's sur o compensation, u his insurer mar form a part, if such e cau se s, any known wn property are suspected from the ment compensation or disability benefits law, or under any similar market or from use because of any known or suspected defect or defi- law; ciency therein; (b) to any employee as an insured with respect to personal injury to another employee of the same employer injured in the course of such (g) to personal injury or property damage due to war, whether or not de- employment, but this exclusion shall not apply to personal injury with Glared, civil war, insurrection, rebellion or revolution, or to any act or respect to which insurance is afforded such insured by underlying condition incident to any of the foregoing, with respect to liability insurance; assumed by the insured under any contract or agreement. (c) to liability arising out of the ownership, maintenance, operation, use, (h) to bodily injury or property damage arising out of the discharge, dis- loading or unloading of persal, release or escape of smoke, vapors, soot, fumes, acids, al- kalis, toxic chemicals, liquids or gases, waste materials or other irri- (1) a watercraft over 50 feet in length, if the occurrence takes place tants, contaminants or pollutants into or upon land, the atmosphere or away from premises owned, rented or controlled by the named any water course or body of water; but this exclusion does not apply if insured, or such discharge, dispersal, release or escape is sudden and acciden- (2) an aircraft, tal. if such watercraft or aircraft is owned or chartered without crew by or (i) (1) to bodily injury or property damage (a) with respect to which the on behalf of the named insured; but this exclusion shall not apply to insured under this policy is also an insured under a nuclear energy (a) liability arising out of operations performed by independent con- liability policy issued by Nuclear Energy Liability Insurance Associa- tractors, or (b) liability for personal injury to any employee of the in- tion, Mutual Atomic Energy Liability Underwriters or Nuclear Insur- sured arising out of and in the course of his employment by the in- ance Association of Canada, or would be an insured under any such sured; policy but for its termination upon exhaustion of its limit of liability; (d) to property damage to (1) property owned by the insured, or (2) the or (b) resulting from the hazardous properties of nuclear material and with respect to which (i) any person or organization is required to insured's products arising out of such products or any part of such maintain financial protection pursuant to the Atomic Energy Act of products, or (3) work performed by or on behalf of the insured arising 1954, or any law amendatory thereof, or (ii) the insured is, or had this out of the work or any portion thereof, or out of materials, parts or policy not been issued would be, entitled to indemnity from the Un- equipment furnished in connection therewith, or (4) property rented ited States of America, or any agency thereof, under any agreement to, occupied or used by or in the care, custody or control of the in- entered into by the United States of America, or any agency thereof, sured to the extent the insured is under contract to provide insurance with any person or organization; (2) to bodily injury or property dam- therefor; age resulting from the hazardous properties of nuclear material, if (a) (e) to loss of use of tangible property which has not been physically in- the nuclear material (i) is at any nuclear facility owned by, or operated jured or destroyed resulting from by or on behalf of, the insured or (ii) has been discharged or dispersed (1) a delay in or lack of performance by or on behalf of the named therefrom; (b) the nuclear material is contained in spent fuel or waste insured in of any contract or performance or at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of the insured; or (c) the bodily injury or (2) the failure of the named insured's products or work performed by property damage arises out of the furnishing by the insured of serv- or on behalf of the named insured to meet the level of perform- ices, materials, parts or equipment in connection with the planning, ance, quality, fitness or durability warranted or represented by construction, maintenance, operation or use of any nuclear facility, the named insured; but if such facility is located within the United States of America, its territories or possessions or Canada, this part (c) of this exclusion but this exclusion does not apply to loss of use of other tangible prop- applies only to property damage to such nuclear facility and any prop- erty resulting from the sudden and accidental physical injury to or erty thereat. destruction of the named insured's products or work performed by ur on behalf of the named insured after such products or work have been (j) to liability for which coverage is provided under any Executive Um- put to use by any person or organization other than an insured; brella Policy written in the Company. • • CONDITIONS 1. INSPECTION AND AUDIT: The Company shall be permitted but not obli- prevent other personal injury or property damage or advertising of- gated to inspect the insured's property and operations at any time. Neither fense from arising out of the same or similar conditions, but such the Company's right to make inspections nor the making thereof nor any expense shall not be recoverable under this policy. report thereon shall constitute an undertaking, on behalf of or for the ben- (b) If claim is made or suit is brought against the insured, the insured efit of the insured or others, to determine or warrant that such property shall immediately forward to the Company every demand, notice, or operations are safe or healthful, or are in compliance with any law, rule summons or other process received by him or his representative. or regulation. The Company may examine and audit the insured's books and records at any time during the policy period and extensions thereof (c) The insured shall cooperate with the Company and, upon the Com- and within three years after the final termination of this policy, as far as pany's request, assist in making settlements, in the conduct of suits they relate to the subject matter of this insurance. and in enforcing any right of contribution or indemnity against any 2. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT: person or organization who may be liable to the insured because of personal injury or property damage or advertising offense with respect (a) In the event of an occurrence which is likely to involve this contract, to which insurance is afforded under this policy; and the insured shall written notice containing particulars sufficient to identify the insured attend hearings and trials and assist in securing and giving evidence and also reasonably obtainable information with respect to the time, and obtaining the attendance of witnesses. The insured shall not, ex- place and circumstances thereof, and the names and addresses of the cept at his own cost, voluntarily make any payment, assume any obli- injured and of available witnesses, shall be given by or for the insured gation or incur any expense; however, in the event that the amount of to the Company or any of its authorized agents as soon as practicable. ultimate net loss becomes certain either through trial court judgment The insured shall promptly take at his expense all reasonable steps to or agreement among the insured, the claimant and the Company, • then, the insured may pay the amount .JItimate net loss to the this insurance is excel_, as are entitled to claim the residue if any; but a claimant to effect settlement and, up ibmission of due proof different apportionment may be made to effect settlement of a claim by thereof, the Company shall indemnify the insured for that part of such agreement signed by all interests. Reasonable expenses incurred in the payment which is in excess of the retained limit, or, the Company exercise of rights of recovery shall be apportioned among all interests in will, upon request of the insured, make such payment to the claimant the ratio of their respective losses for which recovery is sought. on behalf of the insured. 9. CHANGES: Notice to any agent or knowledge possessed by any agent or 3. ACTION AGAINST COMPANY: No action shall lie against the Company by any other person shall not effect a waiver or a change in any part of this unless, as a condition precedent thereto. the insured shall have fully policy or estop the Company from asserting any rights under the terms of complied with all the terms of this policy, nor until the amount of the this policy; nor shall the terms of this policy be waived or changed, except insured's obligation to pay shall have been finally determined either by by endorsement issued to form a part of this policy, signed by an au- judgment against the insured after actual trial or by written agreement of thorized representative of the Company. the insured, the claimant and the Company. 10. ASSIGNMENT: Assignment of interest under this policy shall not bind Any person or organization or the legal representative thereof who has the Company until its consent is endorsed hereon. secured such judgment or written agreement shall thereafter be entitled to 11, CANCELLATION: This policy may be canceled by the named insured by recover under this policy to the extent of the insurance afforded by this surrender thereof to the Company or any of its authorized agents or by policy. Nothing contained in this policy shall give any person or organiza- mailing written notice to the Company stating when thereafter such can- tion any right to join the Company as a co- defendant in any action against cellation shall be effective, in which case the Company shall refund the the insured to determine the insured's liability. excess premium paid by the insured above the pro rata premium for the 4. APPEALS: In the event the insured or the insured's underlying insurer expired term. This policy may be canceled by the Company by mailing written notice to the named insured at the address shown in this policy elects not to appeal a judgment in excess of the underlying or retained limit, the Company elect to make such appeal at its cost and ex- stating when, not less than 30 days thereafter, such cancellation shall be • P Y ma Y effective; and the Company shall refund the excess of premium paid by pense, and shall be liable, in addition to the applicable limit of liability, the insured above the pro rata premium for the expired term. The mailing for the taxable costs and disbursements and interest incidental thereto, of notice as aforesaid shall be sufficient proof of notice and the insurance but in no event shall the liability of the Company for ultimate net loss under this policy shall end at the time of surrender or on the effective exceed the amount herein applicable to any one occurrence plus the cost date and hour of cancellation stated in the notice. Delivery of such and expenses of such appeal. written notice either by the insured or by the Company shall be equivalent 5. LOSS PAYABLE: The Company's liability under this policy with respect to mailing. The Company's check or the check of its representative 1 to any occurrence shall not attach until the amount of the applicable un- similarly mailed or delivered shall be a sufficient tender of any refund of derlying limit has been paid by or on behalf of the insured, or the amount premium due to the insured. If required by statute where this policy is of the retained limit has been paid by the insured on account of such issued, refund of premium due to the insured shall be tendered with occurrence. The insured shall make claim for any loss under this policy as notice of cancellation when the policy is canceled by the Company and I soon as practicable after (a) the insured shall have paid ultimate net loss refund of premium due to the insured shall be made upon computation in excess of the underlying limit or retained limit with respect to any oc- thereof when policy is canceled by the insured. currence or (b) the insured's obligation to pay such amounts shall have 12. MAINTENANCE OF UNDERLYING INSURANCE: Each policy described in been finally determined either by judgment against the insured after ac- the Declarations shall be maintained in full effect during the currency of tual trial or by written agreement of the insured, the claimant and the this policy, except for any reduction of the aggregate limit or limits con- Company. tained therein solely by payment of claims in respect of occurrences tak- All losses covered by this policy shall be due and payable by the Com- ing place during the period of this policy. Failure of the named insured to pany as soon as practicable after they are respectively claimed and proven comply with the foregoing shall not invalidate this policy but in the event in accordance with the terms of this policy. of such failure, the Company shall be liable only to the extent that it would have been liable had the named insured complied therewith. 6. BANKRUPTCY OR INSOLVENCY: Bankruptcy or insolvency of the insured Upon notice that any aggregate limit of liability under any policy of under - shall not relieve the Company of any of its obligations hereunder. lying insurance has been exhausted, the named insured shall immediately 7. OTHER INSURANCE: The insurance afforded by this policy shall be ex- make all reasonable efforts to reinstate such limits. cess insurance over any other valid and collectible insurance available to The named insured shall give the Company written notice as soon as the insured, whether or not described in the Schedule of Underlying In- practicable of any change in the scope of coverage or in the amount of surance Policies (except insurance purchased to apply in excess of the limits or insurance under any underlying insurance, and of the termination sum of the underlying limit or retained limit and the limit of liability here- of any coverage or exhaustion of aggregate limits of any underlying in- • under) and applicable to any part of ultimate net loss, whether such surer's liability. other insurance is stated to be primary, contributing, excess or contin- 13. DECLARATIONS: By acceptance of this policy the named insured gent; provided that if such other insurance provides indemnity only in agrees that the statements in the Declarations, and in any subsequent no- excess of a stated amount of liability per occurrence, the insurance af- tice relating to underlying insurance are its agreements and representa- forded by this policy shall contribute therewith with respect to such part of tions, that this policy is issued and continued in reliance upon the truth ultimate net loss as is covered hereunder but the Company shall not be of such representations and that this policy embodies all agreements liable for a greater proportion of such loss than the amount which would existing between the named insured and the Company or any of its agents have been payable under this policy bears to the sum of said amount relating to this insurance. and the amounts which would have been payable under each other ex- cess indemnity policy applicable to such loss, had each such policy 14. NON - ASSESSABLE: This policy is non - assessable and the premiums been the only policy so applicable. designated herein and in the endorsements attached hereto are the only premiums for which the insured shall be liable. 8. SUBROGATION: In the event of any payment under this policy, the Com- pany shall participate with the insured and any underlying insurer in the 15. PARTICIPATING: The insured shall be entitled to an equitable partici- exercise of all the insured's rights of recovery against any person or or- pation in the funds of the Company in excess of the amounts required to ganization liable therefor. Recoveries shall be applied first to reimburse pay expenses and all the losses or claims or other policy obligations in- any interest (including the insured) that may have paid any amount, with curred, together with the reserve and surplus funds required or oermitted • respect to liability in excess of the limit of the Company's liability hereun- by law; such distribution shall be made by the Company only in accord - der; then to reimburse the Company up to the amount paid hereunder; ance with the decision of the Directorate acting under the insurance laws and lastly to reimburse such'interests (including the insured), of whom and under the charter of the Company. AMENDMENT OF CANCELLATION CONDITION (MICHIGAN) — If this policy is issued in the state of Michigan, it is agreed that the second sentence of the Cancellation Condition is amended to read as follows: "This policy may be canceled by the Company by mailing written notice to the named insured at his address last known to the Company or its authorized agent stating when, not less than thirty days thereafter, such cancellation shall be effective; and the Company shall refund the excess of premium paid by the insured above the pro rata premium for the expired term." In Witness Whereof, the AUTO- OWNERS INSURANCE COMPANY has caused this policy to be issued and to be signed by its President and Secretary. • "q1/411 # / ri /(414/V1A- O - e_ Secretary President NOTICE OF MEMBERSHIP AND ANNUAL MEETING The insured is hereby notified that by virtue of this policy he is a member of the Auto - Owners Insurance Company and is entitled to vote, in person or by proxy, at all meetings of the Company. The annual meetings of the Company are held at its home office at Lansing, Michigan, on the second Monday in May in each year, at 10:00 A.M. • ® AUTO- OWNERS INS. CO. ❑ AUTO- OWNERS MUTUAL INS. CO. �Iuto_IDu�ners Insurance ENDORSEMENT ❑ HOME- OWNERS INS. CO. ❑ OWNERS INS. CO. ❑ PROPERTY- OWNERS INS. CO. Forest Lake Insurance Agency 6 -248 Forest Lake MN AGENCY CITY POLICY TERM 852106 71978089 From To Attached to and forming part of POLICY NUMBER 7-7-85 7 -7 -86 ` _'ity of Oak Park Heights INSURED PREMIUM STREET 1416"° 'nth St. X Additional $ 2.521 Return S CITY Er STATE Stillwater MN 55082 Determined at Audit • No Charge ENDORSEMENT 1. Bodily Injury limits are changed to ea. occurrence; agg. product. 2. L I Property Damage limits are changed to ea. occurrence, aggregate. 3. Increased limits charge(s) apply 1 year or Tess 4. Limit of Liability is changed to $2,000,000. Occ / $2 ,000.000 Agg. 5. Limit of Insurance is changed to: Insuring Agreement I -VII , Insuring Agreement VIII 6. Li Limit of Indemnity for Insuring Agreement is changed to 7. The policy is reinstated. 8. The insured's name is changed. 9. n The insureds mailing address is changed. 10. ❑- The location of the insured premises is changed to r1 11. I I Estimated is Amended to $ For Code: 12. ❑ Coverage is Added: 13. n Coverage is Deleted: 14. E. Endorsements Attached Effective Date 1Q $5 Date of Issue 12 -4 -85 8 Countersigned By - President Authorized Agent �aina 119 -771 INSURED'S COPY edi ,.-----e il ., 7 , .. • . .. 4 �� ow,�, S r /r+a-urnnr 1 e,futo- Owners s In Lire car Bu .Z� , gd Date 9/24/85 COMMERCIAL UMBRELLA QUOTATION ` ' Agency: Forest Lake Insurance Agency Code: 06248 /�r` Proposed Insured: CITY OF OAK PARK HEIGHTS //// Umbrella Quotation Based upon Limits of $ 2 ,000,000 with a $10,000 Self- Insured Retention 0-1 / v- KI' ' /Yfl i e�('sa • _ L $ 9, 900 Annual Premium. X— Non - Audited Au Audited Minimum Premi $ ______rra 04/ j. Rate Per $ 1,000 gross receipts. Per $ 11,550 Alternate Quote Annual Premium at Limits of $ 3,000,000 . Audited Rate $ 12,550 4,000,000 13,550 5,000,000 This quotation is based upon underlying limits of: 1. Automobile Liability: $ S or $ 500.000 Bodily Injury Property Damage Combined Single Limit • 2. General Liability: $ S or $ 600/600 Bodily Injury Property Damage Combined Single Limit . Products: _X_ Included _ Excluded Following Form Personal Injury: Included Excluded X Following Form 3. Employers' Liability: $ 100.000 4.Absolute Pollution Exclusion 5.Public Officials Errors & Omission Excluded 6.Police Professional 1000 /1000 SL Additional Conditions: 1. A completed Commercial Umbrella application must be submitted. X 2. All underlying policies must be written on a Comprehensive basis. X 3. Non - Ownership and Hired Cars must be provided on an underlying policy. X 4. Blanket Contractual must be added to the General Liability coverage. X 5. Limits on underlying policies must be increased to those specified above. 6. Real property in the care, custody or control of the insured will be excluded. 7. Personal property in the care, custody or control of the insured will be excluded. X 8. Attached endorsement applies: Contractors Endorsement, 2650. X Municipality Endorsement, 26981. (26020 Wisc.) • School Endorsement. 26011 (26023 Wisc.) 9. An Executive Umbrella can be quoted subject f t; a completed applcation. 10. An Executive Umbrella has been quoted for the following: ± . Name s Limi s iL i Premium - P 47 _ L 027 ApP t 6.,--1/ JIM ELLIOTT, SENIOR UNDERWRITER - SPECIAL ACCOUNTS UNDERWRITING �G+�\ \I0 St. Paul Branch Underwriting R 6'3 Robert Bohrer, Special Agent -` ` � �G THIS QUOTATION IS VALID FOR 60 DAYS. 26179 (11 -81) FOR ISSUANCE, RETURN THE ATTACHED BLUE COPY OR CALL. THANK YOU. AGENT'S COPY ' LAW OFFICES OF JUL 1 8 1994 1 ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLINGI :835 NORTHWESTERN AVENUE ( _ STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439 -2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER July 14, 1994 SUSAN D.OLSON THE HONORABLE BARBARA H O'NEAL MR JACK DOERR MAYOR OF THE CITY OF OAK PARK HTS 14520 UPPER 56TH STREET NORTH 5495 OAK GREEN PLACE NORTH OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 MR DAVID SCHAAF MR RICHARD SEGGELKE 6201 ST CROIX TR N #121 14256 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 MS LAVONNE WILSON MR DEAN KERN SR CITY CLERK 5885 OLDFIELD AVENUE N CITY OF OAK PARK HTS OAK PARK HEIGHTS MN 55082 P O BOX 2007 OAK PARK HEIGHTS MN 55082 RE: EPA Information Request Pursuant to Section 104(e) of CERCLA and Section 3007, RCRA for Junker Sanitary Landfill located near Hudson, Wisconsin Dear Mayor, LaVonne and Council: Enclosed herewith for your information and review please find a copy of the answers and documents that we submitted to the United States Environmental Protection Agency in regards to their Information Request on the Junker Sanitary Landfill located near Hudson, Wisconsin. Yours very truly, Mark J. Vierling MJV /smp Enclosures LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439 -2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER July 14, 1994 SUSAN D. OLSON MR THOMAS W MATEER CHIEF SUPER FUND PROGRAM MANAGEMENT BRANCH UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION FIVE 77 WEST JACKSON BLVD CHICAGO IL 60604 -3590 RE: Our Client: City of Oak Park Heights Our File No. 1501 -2067 Your Request for Information Pursuant to Section 104(e) of CERCLA and Section 3007, RCRA for Junker Sanitary Landfill located near Hudson, Wisconsin Dear Mr. Mateer: On behalf of the City of Oak Park Heights, the City Attorneys, herewith are providing you a response to your correspondence of June 8, 1994, provided to the City. The City of Oak Park Heights is requested its department supervisors to review their records for purposes of responding to your request for information, and the responses herein provided are based upon the information provided by the department supervisors. Pursuant to your correspondence, we are also providing a copy of this information to Ms. G. Marie Watts, •erfund Program Management Branch (HSM -5J), U. S. Environmen - Pr• ection Agency, 77 West Jackson Boulevard, Chicago, IL 60.84 -3590 Should you or Ms. Watts have an quest'--ns in the matter, please feel free to direct all such i • irie to the undersigned. Yours ver, truly, i Mar ' J. Vierling MJV /smp Enclosures cc: Ms. G. Marie Watts RESPONSES TO INFORMATION REQUESTS JUNIOR SANITARY LANDFILL 1. Identify all persons consulted in the preparation of the answers to these Information Requests. ANSWER: The persons consulted in the preparation of these answers are as follows: Ms. LaVonne Wilson, City Clerk, City of Oak Park Heights, Mr. Roger Benson, Director of Public Works, City of Oak Park Heights, Mr. James Butler, Building Inspection Department, City of Oak Park Heights, Chief Lindy Swanson, Chief of Police, City of Oak Park Heights. 2. Identify all documents consulted, examined, or referral to in the preparation of the answers to these Requests and provide copies of all such documents. ANSWER: See Attached. 3. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Requests or who may be able to provide additional responsive documents, identify such persons. ANSWER: Past and present Officers, Agents and Employees of Junker Sanitation, Inc. 4. Lit the EPA Identification Numbers of the Respondent. ANSWER: City of Oak Park Heights does not have an EPA Identification Number. 5. Identify the acts or omissions of any person, other than your employees, contractors, or agents, that may have caused the release or threat of release of hazardous substances, pollutants, or contaminants and damages resulting therefrom. ANSWER: Unknown. 6. Identify all persons having knowledge or information about the generation, transportation, treatment, disposal or other handling of material at the Site. ANSWER: Past and present Officers, Agents, and Employees of Junker Sanitation, Inc. 7. Identify all persons, including yourself, who may have arranged for disposal or treatment or arranged for transportation for disposal or treatment of waste materials, including hazardous substances, at the Site. In addition, identify the following: a. The persons with whom you or such other persons made such arrangements; b. Every date on which such arrangements took place; c. For each transaction, the nature or the waste material or hazardous substance, including the chemical content, characteristics, physical state (e.g., solid, liquid) , and the process for which the substance was used or the process which generated the substance; d. The owner of the waste materials or hazardous substances so accepted or transported; e. The quantity of the waste materials or hazardous substances involved (weight or volume) in each transaction and the total quantity for all transactions; f. All tests, analyses, and analytical results concerning the waste materials; The person (s) who selected the Site place to as the g. P ( ) P which the waste materials or hazardous substances were to be transported; h. The amount paid in connection with each transaction, the method of payment, and the identity of the person from whom payment was received; i. Where the person identified in g., above, intended to have such hazardous substances or waste materials transported and all evidence of this intent; j. Whether the waste materials or hazardous substances involved in each transaction were transshipped through, or were stored or held at, any intermediate site prior to final treatment or disposal; 2 k. What was actually done to the waste materials or hazardous substances once they were brought to the Site; 1. The final disposition of each of the waste materials or hazardous substances involved in such transactions; m. The measures taken by you to determine the actual methods, means, and site of treatment or disposal of the waste material and hazardous substance involved in each transaction. n. The type and number of containers in which the waste materials or hazardous substances were contained when they were accepted for transport, and subsequently until they were deposited at the Site, and all markings on such containers; o. The price paid for (i) transport (ii) disposal or (iii) both of each waste material and hazardous substance; p. All documents containing information responsive to a - o above or in lieu of identification of all relevant documents, provide copies of all such documents. q. All persons with knowledge, information, or documents responsive to a - p above. ANSWER: Present and past Officers, Agents and Employees of Junker Sanitation, Inc., the City of Oak Park Heights and any of all of its employees and /or public officials, past or present have never arranged for disposal treatment or arranged for transportation for disposal or treatment of waste materials and on sub -parts a), b), c) through q) see above. 8. Identify all liability insurance policies held by Respondent from 1970 to the present. In identifying such policies, state the name and address of each insurer and of the insured, the amount of coverage under each policy, the commencement and expiration dates for each policy, whether or not the policy contains a "pollution exclusion" clause, and whether the policy 3 covers or excludes sudden, nonsudden or both types of accidents. In lieu of providing this information, you may submit complete copies of all relevant insurance policies. ANSWER: See Attached. 9. Provide copies of all income tax returns sent to the Federal Internal Revenue Service in the last three years. ANSWER: Municipal corporations are not required to file income tax returns with the Internal Revenue Service. 10. If Respondent is a Corporation, respond to the following requests: a) Provide a copy of the Articles of Incorporation and By- Laws of the Respondent. b) Provide Respondent's financial statements for the past five fiscal years, including, but not limited to those filed with the Internal Revenue Service. c) Identify all of Respondent's current assets and liabilities and the person who currently own or are responsible for such assets and liabilities. ANSWER: a) This answering party is a Minnesota Statutory City, consequently the requested information within items a) are not relevant; b) See attached annual audit for the past 5 years of the City of Oak Park Heights; and, c) See answer above. 11. If Respondent is a Partnership, provide copies of the Partnership Agreement. ANSWER: Not Applicable. 12. If Respondent is a Trust, provide all relevant agreements and documents to support this claim. ANSWER: Not Applicable. 4 Dated: 7 //y CITY OF OAK PARK HEIGHTS BY • �-- (/-...Aft,_ G.J Its .dt.CIi--11. . 5 AFFIDAVIT OF LAVONNE WILSON CITY CLERK CITY OF OAK PARK HEIGHTS STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) I, LaVonne Wilson, upon being first duly sworn on oath deposes and states that she is the City Clerk for the City of Oak Park Heights, a municipal statutory city duly organized under the laws of the State of Minnesota. That your Affiant has reviewed the request for information provided to the City of Oak Park Heights by the United States Environmental Protection Agency and also has received from department supervisors responses hereto. That your Affiant has reviewe the attached responses to such questionnaire and certifies that to the best of her knowledge, the same are true and correct and acc ate on behalf of all city staff and do reflect the information cu rently known to or possessed by the City of Oak Park Heights with regard to each question so listed. FURTHER THAN THIS YOUR AFFIATT SAYETH NOT. Dated: // /W ' taVonne Wilson Subscribed and sworn to before me day of '--5l 1994. , C , �� this , fir" .• ary Publi SHARON M. PRICE NOtA0.Y PUBLIC - MIN NESOTA a.:? WASHINGTON COUNTY My commission expires 5 -27 -98 EXHIBIT 2 as .l AGREEMENT FOR GARBAGE AND REFUS: COLLECTION THIS AGREEMENT, made and e tered into as of the 9th day of FEBRUARY , 1987, b► and between the CITY OF OAK PARE HEIGHTS, a municipal corporation, party of the first part, hereinafter called the "City ", and JUNRER SANITATION SERVICE, INC., a Minnesota corporation, party of the second part, hereinafter called the "Contractor', wherein, in consideration of the mutual covenants herein contai ed, IT IS AGREED AS FOLLOWS: • 1. In accordance with this Agreement, the Contractor shall collect all residential garage and refuse for collection within the corporate boundary in .he City at least once each week during the term of this contract; such collection shall include all single and two family residen ial dwelling units. The Contractor shall also have the ex lusive privilege to negotiate with commercial and industrial es ablishments and multiple dwellings, wherein more than two families reside, for the collection of their garbage and efuse; in the event the Contractor and the owner of such establishment or multiple dwelling are unable to come to a4 agreement as to charge for such collection, either party may app y to the City Council for a determination of the cost to be imposed for such collection, which determination shall be bin.ing upon both the Contractor and the owner. The Contractor shall receive his compensation for residential pick -ups monthly directly from the City of Oak Park Heights and the Contractor will assume no responsibility for the billing of residential collections. Billing for commercial pick- ups shall be governed by resolution of the City of Oak Park Heights governing rates and billing procedures. As and for consideration of this Agreement, the City shall pay to the Contractor the following, to -wit: $9.00 per month for each occupied single and two family residential dwelling unit. 2. For the purpose of this Agreement, garbage and refuse as defined is to include refuse of all kinds, both organic and inorganic, that accumulate in the normal operation of a household or business, including grass trimmings, branches, leaves, appliances, tires and other refuse, but specifically excludes rocks, dirt and contractor's material. There shall be no . limit as to the quantity of garbage and refuse collected as long as it is placed in appropriate bags and containers or packages, bundled or placed in a manner so as to enable convenient pickup. No collections of garbage.or refuse shall be made except between the hours of 7:00 a.m. and 6:00 p.m. 3. In addition to dwellings, double bungalows, apartments or other living quarters, and commercial and industrial pick -ups, the Contractor shall also pick up, without additional charge, such other trash as is the responsibility of the City or which is accumulated by the City or for the City. An example of this would be street cans and park barrels. Nothing herein shall be construed to prevent the City from making any - 2 - - arrangements it deems necessary in enforcing any Court Order affecting the cleanup and removal of garbage, refuse, hazardous 9 P g g , , buildings or materials. 4. The Contractor shall keep all vehicles and equipment used to pick up garbage and refuse in good mechanical operating condition at all times. The equipment shall be kept clean and as free of odor as possible. The City may make such inspection of the vehicles and equipment as it may require from time to time. 5. The Contractor shall fully comply with the provisions of Oak Park Heights Ordinance No. 502, Disposal of Garbage and Refuse, as well as all health regulations and ordinances of the City of Oak Park Heights and the State of Minnesota, regarding the pick -up, transportation or disposal of refuse resulting from such collection. 6. All commercial and industrial establishments shall have adequate facilities for the storage and collection of garbage and refuse. All occupants of single and multiple dwelling residential units be required to place said g s shall e q p garbage and refuse in plastic bags or in a standard type can or container not to exceed gallons in capacity, or shall d thirty (30) g p y, be required to package or bundle such garbage or refuse in a manner so as to enable convenient pickup. All cans or containers shall be fitted with handles and lids and shall be accessible to the Contractor and kept in one place on the premises. The Contractor or its employees shall handle all cans and containers with reasonable care to avoid damage, and shall replace them in an upright position and shall immediately clean up and dispose of - 3 - • all contents thereof which may be spilled, in a workmanlike manner. The City Council shall have the power to arbitrate and resolve any and all types of disputes between the Contractor and customer and customer and Contractor, and enact any rules and regulations which may be required thereby. 7. The Contractor shall furnish the City with a written schedule of the area in which pick -ups will be made each day of the week and shall advise the City Council in writing of any changes in such schedule at least fifteen (15) days prior to the making of such changes. 8. The term of this contract shall be for a period of six (6) years from and after January 1, 1987 and shall, at the option of the Contractor, be renewable for any additional term of six (6) years, subject to the following terms and conditions: The contract price as hereinbefore stated shall be subject to negotiation upon each two -year interval of said contract during the regular term and any extension or renewal thereof, subject to the condition that in the event the Contractor and the City are unable to arrive at a satisfactory agreement relative to any increase or decrease in the amount of the contract, the Contractor may be relieved of its responsibility under this contract upon sixty (60) days' written notice to the City of its intention to terminate the same, provided that such notice must be given no later than sixty (60) days after the completion of each two -year interval of the contract. The City may, at any time, terminate the contract for breach of the terms thereof by the Contractor, or for - 4 - unsatisfactory performance thereof, and shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for any breach shall not be deemed a waiver of said right for future violations or for future unsatisfactory performance. 9. The Contractor shall maintain, during the whole period of this Agreement, general liability insurance for bodily injury in the amount of Five Hundred Thousand Dollars ($500,000.00) for each occurrence, with $500,000.00 aggregate, and property damage in the amount of One Hundred Thousand Dollars ($100,000.00) for each occurrence, with $100,000.00 aggregate, together with automobile liability (bodily injury and property - -_ damage combined) in the amount of One Million Dollars ($1,000,000.00). The City shall be named as an insured, as well as the Contractor, against liability imposed by law on the City or the Contractor by reason of any act, or omission of the Contractor or the Contractor's employees in connection with the performance of this contract. Such policies shall be approved by the City Attorney and filed with the City Clerk /Administrator. 10. The Contractor shall maintain Worker's Compensation and employers' liability insurance as required by the laws of the State of Minnesota. 11. Copies of all policies, or Certificates of Insurance, evidencing the amount of insurance shall be filed with the City Clerk /Administrator. The policies or certificates shall be executed by the insurer and shall expressly stipulate that the policies are non - cancellable until after ten (10) days' notice in - 5 - AMENDMENT TO FEBRUARY 9, 1987 AGREEMENT FOR GARBAGE AND REFUSE COLLECTION WHEREAS, the City of Oak Park Heights, a municipal corporation, hereinafter called "City" and Junker Sanitation Service, Inc., a Minnesota corporation, hereinafter called "Contractor" entered into an agreement on the 9th day of February 1987 for the collection of garbage and refuse within the City of Oak Park Heights; and WHEREAS, both parties herewith are in agreement to amend portions of the February 9, 1987 agreement so as to redefine the term "refuse" as contained within said agreement and to provide for the collection of contractors materials, rocks and dirt; and WHEREAS, the City Council for the City of Oak Park Heights has determined the existence of a public benefit to its . citizens by making such amendment. NOW TEEREFORE,.be it agreed by and between the City and the Contractor to amend the February 9, 1987 Agreement for Garbage and Refuse Collection in the following respects: - A. To amend paragraph 2 of the aforementioned agreement to delete the same in its entirety and substitute the following therefor: 2. For the purpose of this Agreement, garbage and . refuse as defined is to include refuse of all kinds, both organic and inorganic, that _ accumulate in the normal operation of house - hold or business, including grass trimmings, branches, leaves, appliances, tires and other - refuse, including construction debris, rock, _ "• dirt and other contractor's materials. There shall be no limit as to the quantity of - -- garbage and refuse collected as long as it is placed in appropriate bags and hand containers or packages, bundled or placed in a manner so • as to enable convenient pickup. No collections of garbage or refuse shall be made except between the hours of 7:00 o'clock a.m. and 6:00 o'clock p.m. Collections of construction debris, rocks, dirt and contractor's material relating to construction shall be by use of drop box provided by the contractor and shall be treated in the same manner as provided for the storage and collection of garbage and refuse from commercial and industrial establishments. Notwithstanding the above, this provision shall not be construed so as to impair any existing contract providing for the removal of construction debris, rock, dirt and other contractor's material for any contract existing on or prior to the effective date of this Amendment. Billing and charges for dumpsters provided for the removal of construction debris, rock, dirt and other contractor's materials shall be subject to • regulation of the City Council for the City of Oak Park Heights who may establish by Resolution maximum permissible rates for such - -- - - -_ - -- - -- services. IN WITNESS WHEREOF, the parties have hereunto executed_ this Amendment to the Agreement for Garbage and Refuse Collection of February 9, 1987 this AG day of (�.,..�,�.�..._� , 1989. WITNESS: PARTY OF TEE FIRST PART: CITY OF OAK PARR HEIGHTS � By: S/_1 Arrol Mayor � erk /Ad i strator ao WITNESS: s:L` - . PARTY OF THE SECOND PART: G Gj . =:L JUNKER S • , PAN SER . seed .� • _ =at'�G utt5 ' 23 : 1 B . Its /I ;.? r a• :r.-- - By: Its: AGREEMENT FOR COP GARBAGE AND REFUSE COLLEC T ION THIS AGREEMENT, made and entered into as of the 1st day of January, 1975, by and between the CITY OF OAK PARK • HEIGHTS, a municipal corporation, party of the first part, • hereinafter called the "City ", and JUNKER SANITATION SERVICE, INC., a Minnesota corporation, party of the second part, hereinafter called the "Contractor ", wherein, in consideration of the mutual covenants herein contained IT IS AGREED AS FOLLOWS: I In accordance with the conditions hereinafter set forth, the Contractor shall collect all residential garbage and refuse for collection within the corporate boundary in the City at least once each week during the term of this contract; such collection shall include all single and two family residential • dwelling units; the Contractor shall also have the exclusive privilege to negotiate with commercial and industrial establish- ments and multiple dwellings wherein more than two families • reside for the collection of their garbage and refuse; in the event the Contractor and the owner of such establishment or multiple dwelling are unable to come to an agreement as to the charge for such collection, either party may apply to the City Council for a determination of the cost to be imposed for such collection, which determination shall be binding upon both the Contractor and the owner. The Contractor shall receive his compensation for residential pickups monthly directly from the City of Oak Park Heights and the Contractor will assume no responsibility for the billing of residential collections. As and for consideration of this agreement, the City shall pay to the • Contractor the following, to -wit: • • $2.20 per month for each occupied single and two family residential dwelling unit. II For the purpose of this agreement, garbage and refuse as defined is to include refuse of all kinds, both organic and inorganic, that accumulate in the normal operation of a household or business, including grass trimmings, branches, leaves, appliances, tires and other refuse, but specifically excludes rocks, dirt and contractors' material. There shall be no limit as to the quantity of garbage and refuse collected as long as it is placed in appropriate bags and containers or packaged, bundled or placed in a manner so as to enable convenient pickup. No collections of garbage or refuse shall be made except between the hours of 7:00 a.m. and 6 :00 p.m. III In addition to dwellings, double bungalows, apartments or other living quarters, and commercial and industrial pickups, the Contractor shall also pick up without additional charge such other trash as is the responsibility of the City or which is accumulated by the City or for the City. An example of this would be street cans and park barrels. IV The Contractor shall submit a written proposal containing a written description of the vehicles and equipment to be used within the City of Oak Park Heights in the performance of this contract, including the year of make, model, and capacity of the vehicles which will be utilized by the Contractor in collecting garbage and refuse in the City of Oak Park Heights and upon submission of the bid, shall be made available upon the request of the City Council for inspection for mechanical defects. In the event of in- ception of a contract, the Contractor shall make such -2 - vehicles available for additional inspections from time to time as the City Council may require. During the performance of this contract, the Contractor shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one week from the time of making such change. Such changes shall be made only with the approval of the City Council. v The Contractor shall fully comply with the provisions of Oak Park Heights Ordinance No. 502, Disposal of Garbage and Refuse, as well as all health regulations and ordinances of the City of Oak Park Heights and the State of Minnesota regarding the pickup, transportation, or disposal of refuse resulting from such collection. VI All commercial and industrial establishments shall have adequate facilities for the storage and collection of garbage and refuse. All occupants of single and multiple dwelling residential units shall be required to place said garbage and refuse in plastic bags or in a standard type can or container not to exceed thirty (30) gallons in capacity, or shall be required to package or bundle such garbage or refuse in a manner so as to enable convenient pickup. All cans or containers shall be fitted with handles and lids and shall be accessible to the Contractor and kept in one place on the premises. The Contractor or his employees shall handle all cans and containers with reasonable care to avoid damage, and shall replace them in an upright position and. shall immediately clean up and dispose of all contents thereof which may be spilled, in a workmanlike manner. The City -3- Council shall have the power to arbitrate and resolve any and all types of disputes between the Contractor and customer and customer and Contractor, and enact any rules and regula- tions which may be required thereby. viI The Contractor shall furnish the City with a written schedule of the area in which pickups will be made each day of the week and shall advise the City Council in writing of any changes in such schedule at least fifteen (15) days prior to the making of' suchr.changes . VIII The term of this contract shall be for a period of six (6) years from and after January 1, 1975 and shall, at the option of the Contractor, be renewable for an additional term of six (6) years, subject to the following terms and conditions: The contract price as hereinbefore stated shall be subject to negotiation upon each two -year interval of said contract during the regular term and any extension or renewal thereof, subject to the condition that in the event the Contractor and the City are unable to arrive at a satis- factory agreement relative to any increase or decrease.in the amount of the contract, the Contractor may be relieved of his responsibility under this contract upon sixty (60) days' written notice to the City of his intention to terminate the same „provided that such notice must be given no later than sixty (60) days after the completion of each two -year interval of the contract. The City may, at any time, terminate the contract -4- • for breach of the terms thereof by the Contractor, or for unsatisfactory performance thereof, and shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for any breach shall not be deemed a waiver of said right for future violations or for future unsatisfactory performance. IX The Contractor shall maintain, during the whole period of this agreement, public liability insurance in the sum of One Hundred Thousand Dollars ($100,000.00) covering claims for personal injury to one person, and Three Hundred Thousand Dollars ($300,000.00) covering claims to more than one person in the same accident, and Fifty Thousand Dollars ($50,000.00) for claims of injury to property which shall insure the City as a named insured, as well as the Contractor, against liability imposed by law on the City or the Contractor by reason of any act, or omission of the Contractor or the Contractor's employees in connection with the performance of this contract. Such policies shall be approved by the City Attorney and filed with the City Clerk. X The Contractor shall execute and deliver to the City a license bond in the sum of Two Thousand Five Hundred Dollars ($2,500.00), conditioned upon the faithful perfor- mance of this agreement with corporate surety to be approved by the City Attorney. This agreement shall not become effective until such bond has been delivered to the City and accepted by the City Attorney, and this agreement shall be subject to termination by the City at any time if said bond -5- shall be cancelled or the surety thereon relieved from liability because of failure to pay the premium or termina- tion of the period of the bond without renewal thereof. XI The Contractor shall maintain Workmen's Compensation Insurance as required by the laws of the State of Minnesota. XII Copies of all policies shall be deposited with the City Clerk and certificates evidencing such insurance shall be filed with the City Clerk. The certificates shall be executed by the insurer and shall expressly stipulate that the policies are non - cancellable until after ten (10) days' notice in writing to the City is filed with the City Clerk. Certificates for liability policies must show that the City is one of the parties insured by the respective policies. All insurance policies or certificates shall be subject to the approval of the City Attorney. XIII All garbage and refuse shall be collected in trucks with packer boxes. Said trucks shall be kept clean and neat, well maintained, and labelled with Contractor's name. The Contractor shall employ sufficient labor to operate all trucks and equipment .required under this agreement. The labor shall be of high caliber and the men shall conduct themselves in a courteous manner and shall be neat at all times. The Contractor shall maintain an office staffed and provided with a telephone so that contact can be made by customers. XIV Throughout the term of this agreement, the City -6- shall be allowed the right and privilege to set, establish, govern and regulate all rules, regulations, policies and procedures pertaining to the overall collection of garbage and refuse whether or not set forth within this agreement, and a breach of said policies, procedures, rules or regula- tions or of any of the conditions herein set forth by said Contractor in any manner or way shall be sufficient cause to allow the City to terminate this agreement at its discretion. XV The Contractor shall not, without the written consent of the City, sublet, rent, lease, assign, sell, convey, mortgage or otherwise transfer any of his rights under this agreement to any third party. • WITNESS:_ CITY OAK PARK HEIGHTS ✓J .1 8 2 / .. r •PrL /r . �w . �� v... • Mayo J. C k CO /• /7 • -7- • • City of Oak Park Heights We became Oak Park Heights insurance agent in July of 1977. What follows is a listing ofLiability policies that may apply to pollution losses: 1977 -78 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- CO5780 - Interstate Fire and Casualty Company III 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit *Municipality Endorsement (See Attached) 1978 -79 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C09087 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1979 -80 - Policy #IST - 8462807 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C14518 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1 Page Two 1980 -81 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0020263 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1981 -82 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155-00024930 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1982 -83 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024900 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1983 -84 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ 2 Page Three 1983 -84 (Cont'd) - Policy #55C- 2045296 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1984 -85 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #55C- 2065528 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1985 -86 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #852106 71978089 - Auto - Owners Insurance P.O. Box 64358 St. Paul, MN 55164 -0358 - Umbrella Liability - $ 2,000,000. 10,000. Retained Limit *Absolute Pollution Exclusion (See Attached) 1986 -87 - Policy #MP824012R - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Pollution Exclusion - Form ME 028 (10 -85) See Attached - Policy #U000273 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Pollution Exclusion - Form UME -2 (6 -85) See Attached 3 Page Four 1987 -88 - Policy #MCM 8541 -8 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Form CMC (11 -86) Coverage A. Paragraph 2e. (See Attached) - Policy #UEL 627 -8 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) 1988 -89 - Policy #CMC- 9426 -9 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -87) Cov A. Paragraph 2e. (See Attached) *Form ME043 (5 -88)- Limited Pollution Liab Endt (See Attach) - Policy #MEL 822 -9 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, 'Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. $10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME -41 (7 -88) Follow Form Except.- Pollution (See Att.) 1989/90 - Policy #CMC10235 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -88) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1011 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Poll 4 Page Five 1990 -91 - Policy #CMC11055 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -89) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1209 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -89) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1991 -92 - Policy #CMC11938 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -90) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1427 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -90) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1992 -93 - Policy #CMC12802 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -91) Cov A. Paragraph 2e. (See Attached) 5 Page Six 1992 -93 (Cont'd) - Policy #MEL 1643 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -90) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1993 -94 - Policy #CMC13746 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(3 -93) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1870 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (3 -93) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 6 ENDORSEMENT NO. 1 ll N1CIPALITY ENDORSEMENT It Is agreed that this policy (such reinsurance as is afforded by this Certificate), doss not apply to the following liabilities: 1. Bodily injury or property damage arising out of mob action, riot or civil commotion (or breach of the peace by two or more persons), or out of nary act or omission in connection with the prevention or suppression of any of the foregoing; 2. Any liability arising out of inverse condemnation proceedings instituted or completed by the insured; 3. Any liability arising out of or contributed to by any coeplet. or partial failure to supply (provide) water, electricity or gnat; 4. Bodily injury or property damage or loss of. damage to or Isms of use of property directly or indirectly caused by seepage, pollution or contamination. nor the cost of removing. nullifying or cleaning up. seeping. polluting or costmeiwating substances, nor any resulting tines, penalties. punitive or exemplary damages. It Is also agreed that, except as set forth In the Schedule sf Underlying fragrance, this policy shall not apply toasty claim for breech of duty sods against the insured for a negligent act, error or omission. �•�= All other terms and conditions remain unchanged. © INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No. l ❑ CHICAGO INSURANCE COMPANY Issued to City of Oak Park Nsights • • Effective By • Isc -ctc -s Iw - rn - i � - - r f ti W • + 7 ` S } ! , 1 • • • • • • • • . ABSOLUTE POLLUTION EXCLUSION ENDORSEMENT )t is agreed that the exclusion relating to bodily in or property damage caused by irritants. contaminants or pollutants is replaced by the following: to bodily injury or property damage arising out of the discharge. dispersal. release or escape of smoke. vapors, soot. fumes. acids. alkalis. toxic chemicals. liquids or gases. waste materials or other irritants. contaminants or pollutants into or upon land. the atmosphere or any water course or body of water. A uloOwner5 it ( i cV 85Q I 0( 97 yo? 7 'p: - 7- 7 85/ ?{ 26078 (10 -84) L r _ — : J t_ -i ce _ yr . • 1 ei POLLUTION EXCLUSION This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others the handling, storage, disposal, processing or,treat- ment of waste material; (c) which are at any time transported, handled, stored, treated, disposed of or processed as waste by or for you or any person or organization for whom you may be legally responsible; or . • (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) to test for, monitor, clean up, removal, contain, treat, detoxify or neutralize the pollutants, or (ii) if the pollutants are brought on or to the site or loc- ation by or for you. (2) Any loss, cost of expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, .,treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including asbestos, smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. Waste r material includes materials which are intended to be or have been recycles, reconditioned m the__ L..e a 3L -e_ 6-C H esc i he s I nsu r&,ncc_ , V g Po tic y 4 ti M i° ge.chv S ME028 (10 -85) I hGr Lec.t. ?t -k-e- C>* tr1(1C /t C'`. l -l fl' � `�L�� LlY '� C tx„,1 POLLUTION EXCLUSION This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste material; (c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) to test for, monitor, clean up, removal, contain, treat, detoxify or neutralize the pollutants, or (ii) if the pollutants are brought on or to the site or location by or for you. (2) Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. All other terms and conditions remain unchanged. Attached to and forming part of No. U00 0273 Issued to the Ci Oak Park Heights Effective July 7, 1986 By UME - 2 (6 -85) _ +. COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict cover- the League of Minnesota Cities Insurance Trust or age. Read the entire coverage agreement carefully LMCIT. • to determine rights, duties and what is and is not covered. The words "city" and "covered party" are defined under SECTION 11 - WHO IS COVERED. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declara- Other words and phrases that appear in italics have tions. The words "we ", "us ", and "our" refer to special meaning. Refer to SECTION IV - DEFINI- TIONS. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - 2. EXCLUSIONS BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) This coverage does not apply to: 1. COVERAGE AGREEMENT a. Bodily injury or property damage expected or intended from the standpoint of the a. LMCIT will pay those sums that the "covered party ". This exclusion does not "covered party" becomes legally obligated apply to bodily injury resulting from the to pay as damages because of bodily injury use of reasonable force to protect persons or property damage to which this coverage or property. applies. LMCIT has no other obligation or • liability to pay sums or perform acts or b. Bodily injury or property damage for services uncovered unless explicitly pro- which the "covered party" is obligated vided for under SUPPLEMENTARY PAY- to pay damages by reason of the assump- MENTS - COVERAGE A, C, D, AND E. tion of liability in a contract or agreement. This coverage does not apply to bodily This exclusion does not apply to liability injury or property damage which occurred for damages: before the retroactive date, if any, shown in the declarations nor which occurs after (1) Assumed in a contract or agreement the coverage period. The bodily injury or that is a covered contract; or property damage must be caused by an occurrence. The occurrence must take (2) That the "covered party" would have place in the coverage territory. LMCIT will in the absence of the contract or have the right and duty to defend any agreement. suit seeking those damages. However: c. Bodily injury or property damage for (1) The amount LMCIT will pay for which the "covered party" may be held damages is limited as described in liable by reason of: SECTION 111 - LIMITS OF COVER- AGE; (1) Causing or contributing to the intoxica- tion of any person; (2) LMCIT may, at its discretion, investi- gate any occurrence and settle any (2) The furnishing of alcoholic beverages to claim or suit that may result; a person under the legal drinking age or under the influence of alcohol; or b. This coverage applies to bodily injury and property damage only if a claim for damages (3) Any statute, ordinance or regulation because of bodily injury or property relating to the sale, gift, distribution or damage is first made against the "covered use of alcoholic beverages. party" during the coverage period. • FORM NO. CMC (11 -86) - -1 - Corri9Oin y The Le.(SL.cc' M In ne 50 itL fir e S TsUYan c¢jTrt. t51 CI ic, mciki vSyl -u CCCe ch Ve ` -7.- 7 -s 7 This exclusion applies only if you are in the (a) If the pollutants are brought on or business of manufacturing, distributing, to the site or location in connection selling, serving or furnishing alcoholic with such operations; or beverages. (b) If the operations are to test for, , d. Bodily injury to: monitor, clean up, remove, contain, treat, detoxify or neutralize the (1) An employee of the "city" arising out pollutants; or . of and in the course of employment by the "city "; or Any loss, cost, or expense arising out of any governmental direction or request that (2) The spouse, child, parent, brother or you test for, monitor, clean up, remove, sister of that employee as a conse- contain, treat, detoxify or neutralize quence of (1) above. pollutants. This exclusion applies: Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, includ- (1) Whether the "city" may be liable as an ing smoke, vapor, soot, fumes,. acids, employer or in any other capacity; and alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or (2) To any obligation to share damages reclaimed. with or repay someone else who must pay damages because of the injury. f. Bodily injury or property damage arising out of the ownership, maintenance, use or This exclusion does not apply to liability entrustment to others of any aircraft, auto assumed by the "covered party" under a or watercraft owned or operated by or covered contract. rented or loaned to any "city ". Use in- -• cludes operation and loading or unloading. e. Bodily injury or property damage arising out of the actual, alleged or threatened This exclusion does not apply to: discharge, dispersal, release or escape of pollutants: (1) A watercraft while ashore on premises you own or rent; (1) At or from premises you own, rent or occupy; and premises you no longer (2) A watercraft that is: own, rent, lease or occupy; (a) Less than 26 feet long; and (2) At or from any site or location used by or for you or others for the handling, (b) Not being used to carry persons or storage, disposal, processing or treat- • property for a charge; ment of waste; (3) Parking an auto on, or on the ways (3) Which are at any time transported, next to, premises you own or rent, handled, stored, treated, disposed of, or provided the auto is not owned by or processed as waste by or for you or any rented or loaned to the "covered person or organization for whom you party ". may be legally responsible; or g. Bodily injury or property damage arising . (4) At or from any site or location on out of the use of mobile equipment in, or which you or any contractors or while in the practice or preparation for, a subcontractors working • directly or prearranged racing, pulling, pushing, speed indirectly on your behalf are perform- or demolition contest or in any stunting ing operations: activity. FORM NO. CMC (11 -86) - 2 - v This right or duty to defend is limited as set forth in paragraph 3, below. c. The amount we will pay for damages and "defense expense" is limited as described in SECTION III - LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. d. With respect to any coverage provided by "underly- ing coverage" that is on a claims -made basis, this coverage does not apply to injury or damage which occurred before the Retroactive Date, if any, shown in the Declarations of this covenant, or which occurs after the coverage period. e. This covenant is subject to the same terms, • conditions, agreements, exclusions and definitions as the "underlying coverage ", except: (1) We will have no obligation under this cove- •-- nant with respect to any claim or suit that is settled without our consent; and (2) With respect to any provisions to the ; contrary contained in this covenant. 2. EXCLUSIONS l:! The exclusions applicable to the "underlying coverage" also ... apply to this covenant. Additionally, this covenant does l . not apply to: expenses under any medical 1 ex a. Any obligation to pay p payments coverage. b. Any obligation imposed by law under any automobile I ;I no- fault, uninsured motorist, underinsured motorist, workers compensation, disability benefits or unemployment compensation law or any similar law. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, or radioactive contamination, however caused. 3. DEFENSE OF CLAIMS OR SUITS a. When we have the duty to defend, we will pay for 1 all "defense expense" once our duty to defend begins. We may make investigation of any claim or suit as we think appropriate. UEL -1 (11 -86) Page 2 of 12 • !� o -t-I e5 �5�.;.rcx.v�ce. MRS./— `_orn an T he. Leese Lke. cr' M tinr�e.Sote.,C� � y ' Policy # : UEL 12a7 -g Effective. ; - 7 - 7-8 1 . ,. . ‘„. _ , s:..,∎14. .._.r N .. ,Fz c : ' •'f f t'ry , 4 a . _,.,;;✓.+f �4i +.'(? .. / , • LIMITED POLLUTION LIABILITY ENDORSEMENT In consideration of the additional premium listed below, it is agreed that Exclusion e. under Coverage A and Exclusion e. under Coverage E are amended by inclusion of subsection e. (5) as follows: (5) This exclusion does not apply with respect to "bodily injury or "property damage ": (a) which occurred entirely above ground caused by the actual, alleged or threatened discharge, dispersal, release or escape of pollutants the result of a "sudden occurrence which occurred on or after the retroactive date shown below and prior to the expiration date of this covenant; or (b) which was caused by the discharge or dispersal of mace, tear gas or similar agent which occurred on or after the retroactive date shown below and prior to the expiration of this covenant if such discharge or dispersal was for the purpose of protecting persons or property or incident to an arrest. "Sudden occurrence means an accident which happens entirely above ground and the pollution resulting therefrom which begins and ends within seventy -two (72) hours following the accident and in the case of a related series of accidents, the "sudden occurrence will be deemed to have taken P lace when the first accident in the related series of such accidents took place. With respect to damages recoverable under this endorsement, the liability of LMCIT under this covenant for loss and Ioss adjustment expenses to include legal defense costs, shall not exceed $600,000 per occurrence and S600,000 in the aggregate annually. With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- plemental extended reporting periods under Section VI - Condition, are waived and no extended reporting period is provided. Addition Premium $ Included Endorsement Effective Date 7 -7 -88 Retroactive Date 5 -24 -88 1 All other terms and conditions remain unchange • . Authorized Signature lbmpcny ` The, et "e c I�-I �nnes� C 'ifieS r,5u nc� Trust-- e L k $ : ° Crc - C L+ a(, "Ereci -ive -7 - -s g I $c ME043 (5/88) • COMPREHENSIVE MUNICIPAL COVERAGE ovisions in this covenant restrict coverage. The words 'city" and "covered party" are defined under tire coverage agreement carefully to deter- SECTION 11 - WHO IS COVERED. , duties and what is and is not covered. Other words and phrases that appear in italics have out this covenant the words you and "your" special meaning. Refer to SECTION IV - DEFINI- ` c "city" shown in the Declarations. The words TIONS. and 'our" refer to the League of Minnesota ,,ct Insurance Trust or LMC1T. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreement -that party" becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or property damage to which this coverage applies. LMCIT (2) That the "covered party" would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the PAYMENTS - COVERAGE A, C, D, AND E. "covered part" may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will have the under the influence of alcohol; or right and duty to defend any suit seeking those damages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city arising out of and in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: • (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the 'covered party". This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of force to protect persons or property. (1) Whether the 'city may be liable as an employer or in any other capacity; and LMCIT CMC (11 -86) (Rev. 11-87) - 1 - q- (2) To any obligation to share damages with (a) Less than 26 feet long; and ^y -_ or repay someone else who must pay Q .. damages because of thc injury. (b) Not being used to carry persons or -- ., 4 , . -. .; property for a charge; '. This exclusion does not apply to liability assumed .4 k' • by thc "covered party" undcr a covered contract. (3) Parking an auto on, or on thc ways next to, I premises "you" own or rent, provided the •e. Bodily injury or property damage arising out of the auto is not owned by or rented or loaned ' actual, alleged or threatened discharge, dispersal, to the "covered party ". release or escape of pollutants: g. Bodily injury or property damage arising out of thc (1) At or from premises "you" own, rent, lease, use of mobile equipment in, or while in the prac- or occupy, and premises "you" no longer ticc or preparation for, a prearranged racing, pul- own, rent, lease or occupy; ling, pushing, speed or demolition contest or in any stunting activity. (2) At or from any site or location used by or for "you" or others for the handling, h. Bodily injury or property damage due to war, storage, disposal, processing or treatment whether or not declared, or any act or condition of waste; incident to war. War includes civil war, insurrec- tion, rebellion or revolution. (3) Which are or were at any time transported, "' handled, stored, treated, disposed of, or i. Property damage to: processed as waste by or for "you' or any person or organization for whom "you" may (1) Property the "city" owns, rents, or occupies; be legally responsible; or (2) Premises the "city" sells, gives away or (4) At or from any site or location on which abandons, if the properly damage arises out you or any contractors or subcontractors of any part of those premises; working directly or indirectly on "your" be- half are performing operations: (3) Property loaned to the "city"; (a) If the pollutants are brought on or to (4) Personal property in the care, custody and the site or location in connection with control of the "city; such operations; or (5) That particular part of real property on (b) If the operations are to test for, which the "city" or any contractors or sub - monitor, dean up, remove, contain, contractors working directly or indirectly treat, detoxify or neutralize the pol- on "your" behalf are performing opera - lutants; or Lions, if the properly damage arises out of those operations; or Any loss, cost, or expense arising out of any governmental direction or request that "you" test (6) Work performed by or on behalf of the for, monitor, clean up, remove, contain, treat, "city" arising out of your work or any por- detoxify or neutralize pollutants. tion thereof, or out of materials, parts or equipment furnished in connection there - Pollutants means any solid, liquid, gaseous or with; thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and • (7) Your product arising out of it or any part waste. Waste includes materials to be recycled, of it. • reconditioned or reclaimed. Paragraph (3) , (4), (5) and (6) of this exclusion f. Bodily injury or property damage arising out of the do not apply to liability assumed under a sidetrack ownership, maintenance, use or entrustment to agreement. others of any aircraft, auto or watercraft owned or operated by or rented or loaned to any "covered This exclusion does not apply to damage by fire party. Use includes operation and loading or un- to premises rented to the "city". A separate limit loading. of coverage applies to this coverage as described in SECTION I11 - LIMITS OF COVERAGE. This exclusion dots not apply to: j. Damages claimed for any loss, cost or expense in- (1) A watercraft while ashore on premises curred by the "city" or others for the loss of use, "you" own or rent; withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of (2) A watercraft that is: LMC1T CMC (11 -86) (Rev. 11-87) - 2 - FOLLOW FORM EXCEPTION - POLLUTION It is hereby understood and agreed that the Limited Pollution Liability Endorsement ME043(5 -88) provided the city under their Municipal General Liability Coverage does not apply to Municipal Excess Liability Coverage. All other terms and conditions remain unchanged. Attached to and forming part of No. MEL 822 -9 Issued to the City of Oak Park Heights Effective 7/7/88 By Com pan y The Le& ue c� MoneSv Li fis-• OSu wejTa..s`I UME-41 • (7/88) • / MUNICIPAL EXCESS LIABILITY COVERAGE <` r Various provisions in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota i f Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this covenant with respect to any claim or suit a. "We" will pay those sums, in excess of the amount that is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this coverage" may apply. "We" automobile no- fault, uninsured motorist, under- ' will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un- ability benefits or unemployment compensation derlying coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty d as set forth or radioactive contamination, however caused. t ty to defend is limited in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- ' lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-87) - 1 - `ovenant Number. Municipal General Liability Declarations Coverage is Provided by • -�� -_^ CMC 10235 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities Item 1. CITY: Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: Year(s) • From: - � To: 7 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: — • IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT ;600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT $600.000 FIRE DAMAGE LIMIT S 50.000 MEDICAL EXPENSE LIMIT 1 I.000/510,000 occurrence aggregate LIMITED POLLUTION UABIUTY • $600.000 per 'sudden occurrence/S600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense casts. Item 5. GENERAL LIABILITY DEDUCTIBLE (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86) GL0300, EBPL, ME014 4 _.4- 111 / ? ..7 Exec irector, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by North Star Risk Services, Inc. ` COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay danzages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreement that party" becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or property damage to which this coverage applies. LMCIT (2) That the "covered party" would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the • PAYMENTS - COVERAGE A, C, D, AND E. "covered party" may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will have the under the influence of alcohol; or right and duty to defend any suit seeking those damages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city" arising out of and in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered party". This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the "city" may be liable as an to an arrest. employer or in any other capacity; and LMCIT CMC (11 -86) (Rev. 11-88) - 1 - (2) To any obligation to share damages with alleged, or threatened discharge, dispersal, or repay someone else who must pay release, or escape of pollutants resulting damages because of the injury. from a sudden occurrence which took place on or after the retroactive date shown in This exclusion does not apply to liability assumed the Declarations and prior to the expiration by the "covered party" under a covered contract. date of this covenant; or e. Any loss, cost, or expense arising out of any (2) which was caused by the discharge or dis- governmental direction or request that "you" test persal of mace, tear gas or similar agent for, monitor, clean up, remove, contain, treat, which took place on or after the Limited detoxify or neutralize pollutants; or Pollution Liability retroactive date shown in the Declarations and prior to the expira- Bodily injury or properly damage arising out of the tion of this covenant if such discharge or actual, alleged or threatened discharge, dispersal, dispersal was for the purpose of protecting release or escape of pollutants: persons or property or incident to an ar- rest. (1) At or from premises "you" own, rent, lease, or occupy, and premises "you" no longer With respect to coverage provided under Limited own, rent, lease or occupy, Pollution Liability, the basic extended reporting period and the supplemental extended reporting (2) At or from any site or location used by or periods under Section VI - Conditions are not for "you" or others for the handling, available. storage, disposal, processing or treatment of waste; f. Bodily injury or properly damage arising out of the ownership, maintenance, use or entrustment to (3) Which are or were at any time transported, others of any aircraft, auto or watercraft owned handled, stored, treated, disposed of, or or operated by or rented or loaned to any "covered processed as waste by or for "you" or any party". Use includes operation and loading or un- person or organization for whom "you" may loading. be legally responsible; or This exclusion does not apply to: (4) At or from any site or location on which "you" or any contractors or subcontractors (1) A watercraft while ashore on premises working directly or indirectly on "your" be- "you" own or rent; half are performing operations: (2) A watercraft that is: (a) If the pollutants are brought on or to the site or location in connection with (a) Less than 26 feet long, and such operations; or (b) Not being used to carry persons or (b) If the operations are to test for, property for a charge; monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- (3) Parking an auto on, or on the ways next to, lutants; or premises "you" own or rent, provided the auto is not owned by or rented or loaned Pollutants means any solid, liquid, gaseous or to the "covered party". thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and g. Bodily injury or property damage due to war, waste. Waste includes materials to be recycled, whether or not declared, or any act or condition reconditioned or reclaimed. incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Limited Pollution Liability h. Property damage to: Exclusion e does not apply with respect to bodily injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and (2) Premises the "city" sells, gives away or not within or on the surface of any lake, abandons, if the properly damage arises out stream, surface water, or other body of of any part of those premises; water; and which was caused by the actual, (3) Property loaned to the "city"; LMC1T CMC (11 -86) (Rcv. 11 -88) - 2 - 72689raw 7 , Covenant Number. Municipal Excess Liability Declarations MEL- 1011 Coverage is Provided by: !!! THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number. INSURANCE TRUST League of Minnesota Cities (Herein called LMCIT) —Made MEL 822 -9 Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th St. P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: One Year(s) - From: July 7, 1989 To: July 7, 1990 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: XX City Joint Powers Entity Other (Describe) Item S. LIMITS OF COVERAGE Each Occurrence Limit $ 1,000,000 Aggregate Limit $ 1 ,UUU ,UUU Minimum Retention $ 10,000 Item 6. PREMIUM: $ 7,724. Item 7. AUDIT PERIOD: Annual XX None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by LMC1T Covenant Number. CMC 10235 Coverage Period: From: 7/7/89 To: 7/7/90 Including those coverages :'d below: cc .... —co �. Automobile X General X Errors or W C Liability Lability Omissions 1..._ 1 cc ^ Limits: 5600,000 CSL 3600,000 CSL 5600,000 CSL $ 5 '� Z ..r p 'Claims Made' 'Claims Made' eg Q CrJ v Occurrence Retroactive Retroactive • Coverage - Date Date: '� ' W ^ ^ 7/7/87 7/7/87 ` Employers Liability Insurance: Carrier: LMCIT Coverage B Limits: s Policy Number. $200,000/600,000 /600,000 - Policy Term: 7/7/89 To: 1/1/90 { Other: Carrier. Policy Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC (]1 -x7) , E -4 11 ) , UME - (11/86) , UME - (11/86) , UME -44 ( 11/ tiff ) Executive ector, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11 -88) Administered by: North Star Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE "0 - ` on • this covenant restrict coverage. "we", "us" and our refer to the League of Minnesota ._: ? .Va>t � 1' � ve �ge agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. �� cate(1�1b' to determine rights, duties and what is aot covered. The words "this coverage" mean the liability coverage provided under this covenant. a t this covenant the words "you" and "your" - I cier to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- • TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this covenant with respect to any claim or suit • a. "We" will pay those sums, in excess of the amount that is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. - damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exdusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this coverage" may apply. "We" automobile no- fault, uninsured motorist, under- will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un- ability benefits or unemployment compensation derlying coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) • If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such daim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-87) - 1 - / EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION s ' With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1011 Issued to the City of Oak Park Heights Effective 7/7/89 By UME -43 (11/88) Covenant Number. Municipal General Liability Declarations Coverage is Provided by: cMC - 11055 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST - ' , (Herein called LMCIT) League of Minnesota Cities r Item 1. CITY: Oak Park Heights s. Clairns-IlVlade Item 2. COVERAGE PERIOD: Year(s) From: / - 7 - To: 7 - 7 — ,l 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT 5600,00Q FIRE DAMAGE LIMIT S 50.000 MEDICAL EXPENSE LIMIT 1.000 /510,000 occurrence aggregate LIMITED POLLUTION LIABILITY • 5600.000 per 'sudden occurrence/S600,000 annual aggregate • Limit includes loss, Ions adjustment expense, and legal defense costs Item 5. GENERAL LIABILITY DEDUCT RILE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86 ) five trector, LMCIT • LMCIT DEC -013 (11 -86) (Rev. 11-88) Administered by: North Star Risk Services, Inc. / , COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. ' mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreeme that party" becomes legally obligated to pay as dam- is a covered contract; or ages because of bodily injury or property damage to which this coverage applies. LMCIT has no (2) That the "covered party" would have in the other obligation or liability to pay sums or per- absence of the contract or agreement. • form acts or services uncovered unless explicitly • provided for under SUPPLEMENTARY PAY - c. Bodily injlay or property damage for which the MENTS - COVERAGE A, C, D, AND E. This "covered party" may be held liable by reason of: coverage does not apply to bodily injury or prop- erty damage which occurred before the retroac- (1) Causing or contributing to the- intoxication tive date, if any, shown in the Declarations or of any person; . which occurs after the coverage period. The bod- ily injury or property damage must be caused by (2) The furnishing o>:alcoholic beverages to a an occurrence. The occurrence must take place in person under the legal drinking age or un- the coverage territory. LMCIT will have the right der the influence of alcohol; or and duty to defend any suit seeking those dam- ages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur- (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a. charge if a license is re- that may result. quired for such activities. For, the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city" arising out of and • in the course of employment by the "city "; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. . tended from the standpoint of the "covered party". This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the "city" may be liable as an em- to an arrest. ployer or in any other capacity; and LMCIT CMC (11 -86) (Rev. 11-89) page 1 of 13 (2) To any obligation to share damages with the Declarations and prior to the expiration or repay someone else who must pay dam- date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- This exclusion does not apply to liability assumed persal of mace, tear gas or similar agent by the "covered party" under a covered contract. which took place on or after the Limited • Pollution Liability retroactive date shown e. Any loss, cost, or expense arising out of any in the Declarations and prior to the cxpir- governmental direction or request that "you" test ation of this covenant if such discharge or for, monitor, clean up, remove, contain, treat, dispersal was for the purpose of protecting detoxify or neutralize pollutants; or persons or property or incident to an ar- rest. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, (3) which begins and ends within a 72' hour release or escape of pollutants: period following the accidental rupture, backup, or overflow of the "city's" sanitary (1) At or from premises you own, rent, lease, sewer, storm sewer, or water supply sys- or occupy, and premises "you" no longer terns. In case of a related series of acciden- own, rent, lease or occupy; tal events the accidental rupture, backup or overflow of the "city's" sanitary sewer, (2) At or from any site or location used by or storm sewer, or water supply system, will for "you" or others for the handling, be deemed be have taken place when the storage, disposal, processing or treatment first accidental event in the series of ac- of waste; cidental events took place. (3) Which are or were at any time transported, f. Bodily injury or property damage arising out of the handled, stored, treated, disposed of, or ownership, maintenance, use or entrustment to processed as waste by or for "you" or any others of any aircraft, auto or watercraft owned person or organization for whom "you" may or operated by or rented or loaned to any "covered be legally responsible; or party". Use includes operation and loading or un- loading. (4) At or from any site or location on which "you" or any contractors or subcontractors This exclusion does not apply to: working directly or indirectly on "your" be- half are performing operations: (1) A watercraft while ashore on premises • you own or rent; (a) If the pollutants are brought on or to the site or location in connection with (2) A watercraft that is: such operations; or (a) Less than 26 feet long; and (b) If the operations are to test for, mon- itor, clean up, remove, contain, treat, (b) Not being used to carry persons or detoxify or neutralize the pollutants; property for a charge; or (3) Parking an auto on, or on the ways next to, Pollutants means any solid, liquid, gaseous or premises "you" own or rent, provided the thermal irritant or contaminant, including smoke, auto is not owned by or rented or loaned vapor, soot, fumes, acids, alkalis, chemicals and to the "covered party". waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. Bodily injury or property damage due to war, whether or not declared, or any act or condition Limited Pollution Liability incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Exclusion e does not apply with respect to bodily injury or property damage: h. Property damage to: (1) which took place entirely above ground and (1) Property the "city" owns, rents, or occupies; not within or on the surface of any lake, stream, surface water, or other body of (2) Premises the "city" sells, gives away or water; and which was caused by the actual, abandons, if the property damage arises out alleged, or threatened discharge, dispersal, of any part of those premises; release, or escape of pollutants resulting from a sudden occurrence which took place (3) Property loaned to the "city"; on or after the retroactive date shown in LMCIT CMC (11 -86) (Rev. 11-89) page 2 of 13 Covenant Number: Municipal Excess Liability Declarations - MEL- 1 ?n Coverage is Provided by: E _^ THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities Previous Covenant Number: INSURANCE TRUST (Herein called LMCIT) Claims-Made MEL- 1011 Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: one Year(s) From: July 7, 1990 To: July 7, 1991 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSIOIT OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: xx City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: ' Each Occurrence Limit $ 1,000,000 Aggregate Limit $ 1,000,000 Minimum Retention $ 10,000 If Applicable) Item 6. PREMIUM: S 7 , 264 . • Item 7. AUDIT PERIOD: Annual Xx None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE Primary Coverage Provided by LMCIT Covenant Number: CMC 11055 Coverage Period: From: 7/7/90 To: 7/7/91 ding those coverages x'd below: X Automobile X General X Errors or - Liability r Liability Omissions �.. �., L its: $600,000 CSL $600,000 CSL $600,000 CSL S S W — W ' Claims Mad 'Claims Made' ¢ .-. � _ "�' Occurrence Retroactive Retroactive 2 cp ce) Coverage Date: Date: LI4G c� 2c) 7/7/87 7/7/87 � ill mployers Liability Insurance: 12 ~~ Carrier: LMCIT Coverage B Limits: vc oZo Policy Number: $200,000/$600,000 /$600,000 w� y Policy Term: To: a te a ° . Other. Carrier. Policy Number: ezC P o li cy Term: 7/7/90 To: 7/7/91 Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC (11 -89) , UME -4 1 /86) , UME - 23(11/86) . UME -43(11 /8R,) , UME - / , UME - 45(11 88) Executive Director, Liv1CIT LMCIT DEC -017 (11 -86) (Rev. 11 -89) Administered by: North Star Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we, "us" and "our" refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered. The words "this coverage" mean the liability covers covered and not co d c e. 8 Y c g provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special. meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect any ct to claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to a as damages because of injury pay g l or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage applies, a lies, or would 2. EXCLUSIONS � apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage v Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant . below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation pay obli tion to a expenses under any medical "W " will have the right to participate in the payments coverage. e a g P P P Ym e. 8 defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which this coverage" may apply. We mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, ty P when the applicable limit of coverage of the un- disability benefits or unemployment compensa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS " and The amount we will pay for damages an defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- ' lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-89) page 1 o! 6 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1209 Issued to the City of Oak Park Heights Effective 7/7/90 By • UME -43 (11/88) Covenant Number. Municipal General Liability Declarations –=.- Coverage is Provided by: 1 ci`� c - 11938 THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities INSURANCE TRUST Cliairns-Made (Herein called LMCIT) item 1. CTTY(S): Oak Park Heights Item 2. COVERAGE PERIOD: Year(s) From: q i To: - 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity. Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT S603 .000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 5600.000 FIRE DAMAGE LIMIT S 50.000 MEDICAL EXPENSE LIMIT 1 1.000 /S10,000 occurrence aggregate . LIMITED POLLUTION LIABILITY • $600.000 per 'sudden occurrence/5600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): 5250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGI: 1(11 /86) • • • Executive Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by: North Star Risk Services, Inc. a 1 COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city' and "covered party" are defined under Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) b. Bodily injury or property damage for which the "covered party" is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not apply to a. LMCIT will pay those sums that the "covered liability for damages: party" becomes legally obligated to pay as dam - ages because of bodily injury or properly damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract or other obligation or liability to pay sums or per- . acts or services uncovered unless explicitly (2) That the "covered party" would have in the provided for under SUPPLEMENTARY PAY- absence of the contract or agreement. MENTS - COVERAGE A, C, D, AND E. This coverage does not apply to bodily injury or prop- c. Bodily injury or property damage for which the erty damage which occurred before the retroac- "covered party" may be held liable by reason of: Live date, if any, shown in the Declarations or which occurs after the coverage period. The bod- (1) Causing or contributing to the intoxication • ily injury or property damage must be caused by of any person; an occurrence. The occurrence must take place in the coverage territory. LMCIT will have the right (2) The furnishing of alcoholic beverages to a and duty to defend any suit seeking those dam- person under the legal drinking age or un- ages. However: der the influence of alcohol; or (1) The amount LMCIT will pay for damages (3) Any statute, ordinance or regulation relat- is limited as described in SECTION III - ing to the sale, gift, distribution or use of LIMITS OF COVERAGE; alcoholic beverages. (2) LMCIT may at its discretion investigate This exclusion applies only if "you" are in the business any occurrence; and, unless the first "city" of manufacturing, distributing, selling, serving, or fur - shown in the Declarations has given notice nishing alcoholic beverages or if "you" serve or furnish as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any claim or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption and display permit. b. This coverage applies to bodily injury and property damage only if a claim for damages because of d. Bodily injury to: bodily injury or property danrage is first made against the "covered party" during the coverage (1) An employee of the "city" arising out of and period. in the course of employment by the "city"; or 2. EXCLUSIONS This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered party'. This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of (1) Whether the "city" may be liable as an em- force to protect persons or property, or incident ployer or in any other capacity; and LMCIT CMC (1146) (Rev. 11 -90) page 1 of 14 (2) To any obligation to share damages with the Declarations and prior to the expiration or repay someone else who must pay dam- date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited • by the "covered party" under a covered contract. Pollution Liability retroactive date shown in the Declarations and prior to the expir- e. Any loss, cost, or expense arising out of any ation of this covenant if such discharge or governmental direction or request that "you" test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or property damage arising out of the (3) which begins and ends within a 72 hour • actual, alleged or threatened discharge, dispersal, period following the accidental rupture, of pollutants: ' release or escape Po backup, or overflow of the "city's" sanitary sewer, storm sewer, or water supply sys- (1) At or from premises "you" own, rent, lease, tems. In case of a related series of acciden- or occupy, and premises "you" no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, storm sewer, or water supply to will PPY� � (2 ) At or from any site or location used by or be deemed be have taken lace when the for "you" or others for the handling, first accidental event in the series of ac- . storage, disposal, processing or treatment P P mg cidental events took place. of waste; f. Bodily injury or property damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled, stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated by or rented or loaned to any "covered person or organization for whom "you" may . Use includes operation - all responsible; P pe and loading or u�: be legally y or loading. (4) At or from any site or location on which This exclusion does not apply to: "you" or any contractors or subcontractors working directly or indirectly on "your" be- 1 A watercraft w O aft hale ashore on remises '�' ou half are performing operations: rent; P own or nt•, If the 1 (a ) pollutants are brought on or to (2) A watercraft that is the site or location in connection with such operations; or (a) Less than 26 feet long, and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises "you" own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or rented or loaned thermal irritant or contaminant, including smoke, to the "covered party". vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. cY d, g Bodily injury or property damage due to war, reconditioned or reclaimed. whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability tion, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or property damage: (1) which took place entirely above ground and (1) Property the "city' owns, rents, or occupies; not within or on the surface of any lake, (2) Premises the "city" sells, gives away or stream, surface water, or other body of abandons, if the property damage arises out water; and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property loaned to the "city"; from a sudden occurrence which took place on or after the retroactive date shown in LMCIT CMC (11 -86) (Rev. 11 -90) page 2 of 14 Covenant Number: Municipal Excess Liability Declarations MEL- 1427 Coverage is Provided by: =: THE LEAGUE OF MINNESOTA CITIES =— Previous Covenant Number. INSURANCE TRUST League of Minnesota Cities (Herein called LMCTT) MEL- 1 ?09 •�' -` �� j ��� ' �����{ - tI Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: one Year(s) From: July 7, 1991 To : July 7 , 1992 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7J7J87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: x x City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit S 1,000,000 Aggregate Limit $ 1,000 Minimum Retention $ 1 n 11nn (If Applicable) Item 6. PREMIUM: $ 7,397. Item 7. AUDIT PERIOD: Annual xxNone Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by LMCIT Covenant Number. CMC 11938 Coverage Period: From: 7/7/91 To: 7/7/92 Including those coverages x'd below: X Automobile X General X Errors or Liability Liability Omissions Limits: S600,000 CSL 3600,000 CSL 3600,000 CSL S "Claims Made' "Claims Made' Occurrence Retroactive Retroactive Coverage Date: Date: 7/7/87 7/7/87 Employers Liability Insurance: Carrier: LMC I T Coverage B Limits: Policy Number. $200,000/600,000 /600,000 Policy Term: 7/7/91 To: 7/7/92 Other: Carrier: Policy Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT . AT ISSUE: MELC (11 U E - 4'" 1 ,(86).,. UME 23(11 - 86), UME 43(11/88), UME - 44(11/88) Executive Director, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11 -90) Administered by: North Star Risk Services, Inc. - r ___ _ MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we ", 'us" and "our' refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city* hown in the Declarations. in t � eclara ors. The words Other words and phrases that appear m i alas have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will a those sums, in excess of the amount is settled without "our" consen • and PY � payable under the terms of any underlying coverage, that the covered party becomes le With respect to an Bally (2 ) espect any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the covens Retention applies, as set forth in paragraph 4 also apply to this c y covenant. � this 8 covena below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which this coverage" may apply. We mobile no-fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist Workers Compensation, Y when the applicable limit of coverage of the un- disability benefits or unemployment compensa- dertying coverage has been used up by payment Lion law or any similar law. • of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense -� expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, 'eve" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definition as payment of any combination of judgments, settle - the underlying coverage, except: LMC1T MELC (11-86) (Rev. 11 -90) page 1 of 6 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1427 Issued to the City of Oak Park Heights Effective 7/7/91 By • UME -43 (11/88) k Covenant Number, Municipal General Liability Declarations Coverage is Provided by: CMC - 12802 THE LEAGUE OF MINNESOTA CITIES Li INSURANCE TRUST I • (Herein called LMCIT) League of Minnesota Cities Item 1. CITY: City of Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: One Year(s) From: July 7, 1992 To: July 7, 1993 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 3600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT 5600 000 FIRE DAMAGE LIMIT $ 50.000 MEDICAL EXPENSE LIMIT 3 1.000 /S10,000 occurrence aggregate LIMITED POLLUTION LIABILITY • 5600.000 per *sudden occurrence/5600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. • Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE 5 PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): 5250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 • LIMITED POLLUTION LIABILITY RETROACTIVE DATE 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86 ) cutive Director, LMCIT LMCTT DEC -013 (11 -86) (Rev. 11 -91) Administered by: Berkley Risk Services, Inc. A COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city and "covered party" are defined under Read the entire coverage agreement carefully to deter- SECTION I1 - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words you and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city' shown in the Declarations. The words TIONS. "woe ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) b. Bodily injury or property damage for which the "covered party" is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not apply to a. LMCIT will pay those sums that the "covered liability for damages: party" becomes legally obligated to pay as dam - ages because of bodily injury or property damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract; or other obligation or liability to pay sums or per- That the "covered party' would have in the form acts or services uncovered unless explicitly ( ) provided for under SUPPLEMENTARY PAY- contract or a � chmen absence of the MENTS - COVERAGE A, C, D, AND E. This damn for which the coverage does not apply to bodily injury or prop- c. Bodily injury or property damage damage erty which occurred before the retroac- "covered party" may be held liable by reason of: five date, if any, shown in the Declarations or Causing or contributing to the intoxication which occurs after the coverage period. The bod- ( ) g ily injury or property damage dama must be caused by of any person; an occurrence. The occurrence must take place in a to a The furnishing of alcoholic beverages ri t (2) g the coverage territory. LMCIT will have the gh (� rson under the legal drinking age or un- and duty to defend any suit seeking those dam- per the influence of alcohol; or ages. However. Any statute, ordinance or regulation relat- (1) The amount LMCIT will pay for damages (3 ) ing limited as described in SECTION III - alcoholic to the sale, gift, distribution or use of oholic beverages. LIMITS OF COVERAGE; (2) LMCIT may at its discretion investigate This exclusion applies only if you are in the business selling, any occurrence; and, unless the first " shown in the Declarations has given notice s distributing, of manufacturing, &, ll" serving, or fur- nishing alcoholic beverages or if "you" serve or furnish ' g as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any claim or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption and display permit. b. This coverage applies to bodily injury and property damage only if a claim for dannages because of d. Bodily injury to: bodily injury or property damage is first made of the "city" arising out of and period. the "covered party" during the coverage O in the An employee ourse course employment by the "city"; period. or 2. EXCLUSIONS (2) The spouse, child, parent, brother or sister This coverage does not apply to: of that employee as a consequence of (1) a. Bodily injury or property damage expected or in- above. tended from the standpoint of the "covered n applies: exclusio lies: O Whether party". This exclusion does not apply to bodily in- T 1 he "city" may be liable as an em- jury or property damage resulting from the use of to force to protect persons or property, or incident p Y cr r h in any other capacity; and page tofl4 LMCIT CMC (11-86) (Rev. 11 -91) (2) To any obligation to share damages with the Declarations and prior to the expiration or repay someone else who must pay dam- date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited by the "covered party" under a covered contract. Pollution Liability retroactive date shown in the Declarations and prior to the expir- e. Any loss, cost, or expense arising out of any ation of this covenant if such discharge or governmental direction or request that "you" test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or properly damage arising out of the (3) which begins and ends within a 72 hour actual, alleged or threatened discharge, dispersal, period following the accidental rupture, release or escape of pollutants: backup, or overflow of the "city's" sanitary sewer, storm sewer, or water supply sys- (1) At or from premises you own, rent, lease, tems. In case of a related series of acciden- or occupy, and premises you no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, storm sewer, or water supply system, will (2) At or from any site or location used by or be deemed be have taken place when the for "you" or others for the handling, first accidental event in the series of ac- storage, disposal, processing or treatment cidental events took place. of waste; f. Bodily injury or properly damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled, stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated by or rented or loaned to any "covered person or organization for whom "you" may party". Use includes operation and loading or an- be legally responsible; or loading. (4) At or from any site or location on which This exclusion does not apply to: you or any contractors or subcontractors working directly or indirectly on "your" be- (1) A watercraft while ashore on premises half are performing operations: "you" own or rent (a) If the pollutants are brought on or to (2) A watercraft that is: the site or location in connection with such operations; or (a) Less than 26 feet long; and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises you own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or rented or loaned thermal irritant or contaminant, including smoke, to the "covered party". vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. Bodily injury or property damage due to war, reconditioned or reclaimed. whether or not dedared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability tion, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and not within or on the surface of any lake, (2) Premises the "city" sells, gives away or stream, surface water, or other body of abandons, if the properly damage arises out water; and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property loaned to the "city"; from a sudden occurrence which took place on or after the retroactive date shown in page 2 of 14 LMCIT CMC (11 -86) (Rev. 11 -91) 072392mpm Covenant Number: Municipal Excess Liability Declarations MEL- 1643 Coverage is Provided by: _ THE LEAGUE OF MINNESOTA CITIES - - Previous Covenant Number. INSURANCE TRUST , L. 1427 (Herein called LMCIT) League of Minnesota Cities 1 Item 1. CITY and MAILING ADDRESS: City of Oak Park Heigh tlaims- Made 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: One Year(s) From: July 7, 1992 To: July 7, 1993 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit S 1,000,000 Aggregate Limit S L000,000 Minimum Retention S 10.000 (If Applicable) Item 6. PREMIUM: $ 10,082 Item 7. AUDIT PERIOD: Annual X None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by: LMCIT _ Covenant Number. CMC 12802 r Co ;age Period: From: 7/7/92 To: 7/7/93 i Incl ii g those coverages ea below: X mobile „� General Errors or ,� 1----Th—c% Liabi Liability Omissions i. % -binu S600,000 CSZ $600,000 CSL . 5600,000 CSL S - .,: If s _ e) ' C:' , 'Claims Made' 'Claims Made' ; = Cr) ' `) O ccurrence Retroactive Retroactive F = • ! 1 Coverage Date: Date: r — 7/7/87 7/7/87 I r :Employers Liability Insurance: , � V �- _ Carrier: LMCIT • rag Coverage B Limits: Policy Number. $200,000/600,000 /600,000 • ` ; ` Policy Term: 7/7/92 To: 7/7/93 Other. Carrier. Policy Number. Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: UEE 4 ( 1 190 UM• '(11/8' E- 23(11/86), UME - 43(11188), UME - 46(2/92), 5 11 // e • ti ' tr • or, 1i I LMCIT DEC -017 (11 -86) (Rev. 11 -91) Administered by Berkley Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we", "us" and our refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without 'our" consent; and payable under the terms of any underlying coverage that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which "this coverage" may apply. "We" mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, when the applicable limit of coverage of the un- disability benefits or unemployment compensa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-90) page 1 of 6 . - . : Wta t. : -.1' , • EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1643 Issued to the City of Oak Park Heights Effective July 7, 1992 By UME -43 (11/88) _:orenant Number. MUNICIPAL LIABILITY DECLARATIONS Coverage is Provided by: CMC- 13746 IHE LEAGUE N MINNESOTA CITIES (Herein called LMCIT) League of Mmaesota Cities It em 1. CITY: Oak Park Heights - Item 2. COVERAGE PERIOD: one Year(s) Ci.11� I From July 7, 1993 To: July 7, 1994 Time A.M. Standard at Mailing Address Indicated Common Corers on Comm e t Declarations Item 3. THE COVERED PARTY IS: x City Joint Powers Entity Other (Describe) Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMC1T AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUB JECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT $600..000 FIRE DAMAGE LIMIT L_1 - MEDICAL EXPENSE LIMIT S 1.000/510, occurrence aggregate LIMITED POLLUTION LIABILITY *S600.000 per 'sudden occunsace */ S600,000 annual aggregate LEAD OR ASBESTOS CLAIM LIMIT *5200.000 per claim/S200.000 annual aggregate LAND USE REGULATION CLAIM *5600.000 each occurrence limit/$600,000 annual aggregate *Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations) $ 500. Per Occurrence Item 6. RETROACTIVE DATES: - MUNICIPAL LIABILITY RETROACTIVE DATE: 7 -7 -87 LIABILITY CLAIM RETROACTIVE DATE: 5 -24 -88 LIMITED POLLUTION LIAR -7 -93 LEAD OR ASBESTOS CLAIM RETROACTIVE DATE: 7 LAND USE REGULATION CLAIM RETROACTIVE DATE: 5 - 24 -88 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(3 -93) "I* - Executive Director, LMCIT LMCIT DEC -013 (11- 86)(Rev. 3 -93) Administered by: Berkley Risk Services, Inc. • COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are Read the entire coverage agreement carefully to defined under SECTION II - WHO IS determine rights, duties and what is and is not COVERED. covered. Throughout this covenant the word "city" refers to the first "city" shown in the Declarations. Other words and phrases that appear in italics The word LMCIT refers to the League of Minnesota have special meaning, as given in SECTION IV Cities Insurance Trust. - DEFINITIONS. • SECTION I - COVERAGES COVERAGE A. MUNICIPAL LIABILITY COVERAGE (CLAIMS MADE BASIS) 2. CLAIM AND OCCURRENCE DATES date of the a . For an 1. COVERAGE AGREEMENT a. For any claim for damages, the occurrence shall be deemed to be as follows: a. Except as otherwise provided in this agreement, LMCIT will pay on behalf of the "covered party" all (1) For claims for bodily injury or property sums which the "covered party" shall become legally damage, the date of the occurrence is the date obligated to pay as damages as a result of an on which the bodily injury or property occurrence, if the following conditions are met: damage first took place or is alleged to have taken place. (1) The claim for such damages must be first • made against the "covered party" during the (2) For any land use regulation claim, the coverage period; and date of the occurrence is the date on which ,a suit seeking damages is filed against or (2) The date of the occurrence giving rise to the served upon the city, whichever is first. claim for damages must be on or after the retroactive date, if any, shown in the (3) For any other claim for damages, the Declarations; and date of the occurrence is the date on which the wrongful act giving rise to the claim for (3) The occurrence must have taken place in the damages took place or is alleged to have coverage territory. taken place. If the damages are alleged to have arisen from a series of wrongful acts the b. LMCIT will have the right and duty to defend any date of the occurrence is deemed to be the such claim or suit seeking damages. LMCIT may, at date when the first such wrongful act took its discretion, investigate any actual or potential place or is alleged to have taken place. • claim; and unless the "city" has given notice as provided in Section VI, 7, below, LMCIT may settle If both (1) and (3) apply to claims for damages any claim or suit. arising from a single occurrence, the date of the occurrence is the earlier of the dates defined by c. The amount LMCIT will pay for damages is (1) and (3), respectively. limited as described in SECTION III - LIMITS OF COVERAGE. LMCIT CMC (11- 86)(Rev. 3 -93) 1 (4 '17 b. For any claim for damages, the date the claim is serving, or furnishing alcoholic beverages or if made is deemed to be as follows: the covered party serves or furnishes alcoholic beverages without a charge if a license is (1) For any land use regulation claim, the claim required for such activities. is deemed to have been made on the date on which a suit seeking damages is filed against or For the purpose of this provision, license does served upon the city, whichever is first. not mean a consumption and display permit. (2) For any other claim for damages, the claim is c. Bodily injury to: deemed to have been made when notice of such claim is received and recorded by any "covered (1) An employee of the "city" arising out of party" or by LMCIT, whichever comes first. and in the course of employment by the "city"; or (3) All claims for damages arising from a single g g g occurrence will be deemed to have been made at (2) Damages to the spouse, child, parent, the time the first of those claims is made against brother or sister of that employee as a "covered consequence of 1 any covered party . conseq ( ) above. 3. EXCLUSIONS This exclusion applies: This coverage does not apply to: (1) Whether the "city" may be .liable as an employer or in any other capacity; and a. Damages for which the "covered party" is liable by reason of the assumption of liability in a contract (2) To any obligation to share damages with or agreement. This exclusion does not apply to or repay someone else who must pay liability for damages: damages because of the injury. • (1) Assumed in a contract or agreement that is a This exclusion does not apply to liability the "covered covered contract; or assumed by party " under a covered contract. (2) The "covered party" would have in the absence of the contract or agreement. d. Any loss, cost, or expense arising out of any direction, demand, or request by the government b. Damages for which the "covered party" may be or any other entity that the "city" or any other field liable by reason of: entity test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants; (1) Causing or contributing to the intoxication of or any person; Damages arising out of the actual, alleged or (2) The furnishing of alcoholic beverages to a threatened discharge, dispersal, seepage, person under the legal drinking age or under the migration, release or escape of pollutants: influence of alcohol; or (1) At or from premises the "city" owns, (3) Any statute, ordinance or regulation relating rents, leases, uses, or occupies, and premises to the sale, gift, distribution or use of alcoholic the "city" no longer owns, rents, leases, uses, beverages. or occupies; This exclusion applies only if the covered parry is in (2) At or from any landfill, dump, or other the business of manufacturing, distributing, selling, site or location presently or formerly used by LMCIT CMC (1I- 86)(Rev. 3 -93) 2 of 17 1 or for the "city" or others for the handling. aircraft, auto or watercraft owned or operated by storage, disposal, processing or treatment of or rented or loaned to any "covered party ". Use pollutants; includes operation and loading or unloading. (3) Which are or were at any time transported, This exclusion does not apply to: handled, stored, treated, disposed of, or processed as waste by or for the "city" or any (1) A watercraft while ashore on premises the person or organization for whom the "city" may "city" owns or rents; be legally responsible; or (2) A watercraft that is: (4) At or from any site or location on which the "city" or any contractors or subcontractors • (a) Less than 26 feet long; and working directly or indirectly on the "city's" behalf are or have been performing operations; (b) Not being used to carry persons or property for a charge; (a) If the pollutants are brought on or to the site or location in connection with such (3) Parking an auto on, or on the ways next operations; or to, premises the "city" owns or rents, provided the auto is not owned by or rented (b) If the operations are to test for, monitor, or loaned to the "covered party". clean up, remove, contain, treat, detoxify or neutralize the pollutants. f. Damages due to war, whether or not declared, or any act or condition incident to war. War This exclusion does not apply to any of the includes civil war, insurrection, rebellion or following: revolution. (1) Any Limited Pollution Liability Claim. g. Property damage to: (2) Any claim arising out of the discharge or (1) Property the "city" owns, rents, or dispersal of mace, tear gas or similar agent, if occupies; such discharge was for the purpose of protecting persons or property or incident to an arrest. (2) Premises the "city" sells, gives away or abandons, if the property damage arises out (3) Any lead or asbestos claim, unless the actual, of any part of those premises; _alleged, or threatened discharge, dispersal, release, escape, use, distribution, or handling of (3) Property loaned to a "covered party "; lead or asbestos took place at or from any landfill, dump, or other site or location presently (4) Personal property in the care, custody and or formerly used by or for the "city" or others for control of any "covered party "; the handling, storage, disposal, processing or treatment of pollutants. (5) That particular part of real property on which the "city" or any contractors or (4) Any damages arising out of heat, smoke, or subcontractors working directly or indirectly fumes from a hostile fire. A hostile fire is a fire on the "city's" behalf are performing which becomes uncontrollable or breaks out from operations, if the property damage arises out where it was intended to be. of those operations; or e. Damages arising out of the ownership, (6) Work performed by or on behalf of the maintenance, use or entrustment to others of any "city" arising out of your work or any portion LMCIT CMC (1I- 86)(Rev. 3 -93) 3 of 17 Covenant Number: MUNICIPAL EXCESS M<EL- 1870 LIABILITY DECLARATIONS Coverage is Provided by: Previous Covenant Number: THE LEAGUE OF MINNESOTA C TIES 1 NM, 1643 INSURANCE TRUST (Herein called LMCTT) League ofM nnesota Rem 1. CTTY and MAILING ADDRESS: City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 -2007 Item ? COVERAGE PERIOD: One Year(s) "CLAIMS- t D E" From July 7, 1993 To: July 7, 1994 12:01 A.M. Standard Time at Mailing Address Indicated In ITEM ONE. Item 3. RETROACTIVE DATE: July 7, 1987 Item 4. THE COVERED PARTY IS: X Ci ty Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit 5 1,000,000. Aggregate Limit S 1,000.000. Minimum Retention S 10,000. (If Applicable) Item 6. PREMIUM: S 10,380. Item 7. AUDIT PERIOD: Annual X None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided By: LMCTT Covenant Number. CMC 13746 Coverage Period: From: July 7, 1993 To: July 7, 1994 Including those coverages X'd below: LIMITS: X Automobile X Municipal i _ Liability Liability 3600,000 CSL 5600,000 CSL' 3 3 'See underlying coverage document for other specific limits that may apply. Employers Liability Insurance: Carrier. LMC I T Coverage B Limits: Policy Number. $200,000. /$600,000. /$600,000. Policy Term: From: July 7, 1993 To: July 7, 1994 Other. Carrier. Policy Number. Policy Term: From: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC(3 -93). UME - 4(11 -86), UME - 23(3 -93), UME -4 (1j -88). UME - 46(2 -92). UME- 45(11 -89) Executive Director, LMCTT LMCIT DEC -017 (11- 86)(Rev. 3 -93) Administered by: Berkley Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. League of Minnesota Cities Insurance Trust Read the entire coverage agreement and any hereinafter referred to as LMCIT. underlying coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The Other words and phrases that appear in italics have words "we ", "us" and "our" refer to the special meaning. Refer to SECTION III - DEFINITIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT coverage" does not apply to any injury or damage. or personal injury offense, or negligent act. error, a. "We" will pay those sums, in excess of the amount omission, or violation (or the first in a series of payable under the terms of any underlying coverage, related acts, errors, omissions, or violations) which that the covered party becomes legally obligated to occurred or were committed before the retroactive pay as damages because of injury or damage to which date, if any, shown in the Declarations of this this covenant applies, provided that the underlying covenant or which occurs or is committed after the coverage also applies, or would apply but for the coverage period. exhaustion of its applicable limits of coverage. If F $ however, a Minimum Retention applies, as set forth e. This covenant is subject to the same terms, ara in paragraph 4 below, a pay those sums conditions, agreements, exclusions and definitions as " we " will PY onl Y in excess of the Minimum Retention. the underlying coverage, except: b. "We" will have the right to participate in the (1) "We" will have no obligation under this defense of claims or suits against the covered party covenant with respect to any claim or suit that is seeking damages because of injury or damage to settled without "our" consent; and which "this coverage" may apply. "We" will have a duty to defend such claims or suits when the (2) With respect to any provisions to the contrary applicable limit of coverage of the underlying contained in this covenant. coverage has been used up by payment of judgments, settlements and any cost or expense subject to such 2. EXCLUSIONS limit. The exclusions applicable to the underlying coverage This right or duty to defend is limited as set forth in also apply to this covenant. Additionally, this paragraph 3, below. covenant does not apply to: c. The amount "we" will pay for damages and a. Any obligation to pay expenses under any defense expense is limited as described in SECTION medical payments coverage. II - LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, d. With respect to any coverage provided by underinsured motorist, Workers' Compensation, underlying coverage on a claims made basis, "this disability benefits or unemployment compensation law or any similar law. LMCIT MELC (11- 86)(Rcv. 3 -93) 1 of 7 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV — Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1870 Issued to the City of Oak Park Heights Effective July 7, 1993 By UME -43 (11/88) EXHIBIT 10 -(b) AU-00038-07 (11-28-89) Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with General) Accepted Accounting Principles (GAAP) 7; C:1: ViAl Y P 9 P Office of the State Auditor 525 Park Street St. Paul, Minnesota 55103 (612) 297 -3682 City of Oak Park Heights For the Year Ended December 31, 19__89 Please complete this form, per Minnesota Statutes Section 6.74, and return it along with the city's audited financial statement by May 31st. City Financial Reporting Form For State Use Only City of Oak Park HPi &ts Population County of Wa G In t on. ORS Code 242 g Date Received Class Unqualified Opinion ❑ Yes 0 No City - owned Enterprise Funds — check those that apply. Auditing Firm Total Tax Capacity Z$Water [X Sewer CI Garbage 0 Liquor ❑ Hospital Local Tax Levy Road and Bridge Levy o Nursing Home ❑ Other (specify) Special Assessments ❑ Electric SECTION 1— REVENUES This section should include all governmental funds, i.e., general, special revenue, debt service, capital projects, and expendable trust funds. Exclude enterprise funds, i.e., liquor, water, sewer, etc. AMOUNT (omit cents) TAXES (31000) 1 Property Taxes including Fiscal Disparities (exclude homestead credit) 1 911,363 2 Tax Increment District Taxes 2 3 Franchise Taxes — identify (from Private Sector only) 3 4 Local Sales Taxes 4 5 Hotel /Motel Taxes 5 6 Gravel Tax 6 7 SPECIAL ASSESSMENTS (36100) (include penalties and interest) 7 287,55/1. 8 LICENSES AND PERMITS (32000) 8 20,187. INTERGOVERNMENTAL REVENUES (33000) 9 FEDERAL — Community Development Block Grants 9 10 Small City Development Grant 10 11 Other Federal Grants 11 12 STATE — Local Government Aid 12 101 13 Homestead Credit (include Mobile Home and Taconite Homestead) 13 76 t1R? 14 Taconite Relief and Aids 14 • 15 Small City Development Grant 15 16 Highways 16 17 Other State Grants and Aids 17 25,488 18 COUNTY — Highways 18 19 Other County Grants 19 6 , 401 _ 20 LOCAL UNITS — Highways 20 21 IRRRB Grants 21 22 Other Local Units Grants 22 CHARGES FOR SERVICES (34000) 23 General Government (include auto registration filing fee) 23 67, 334. 24 Police and Fire Contracts Y4 25 Other Public Safety (include ambulance) 25 26 Streets and Highways 26 27 Garbage Collection (accrual method of accounting is preferred — enterprise funds — page 3) 27 28 Libraries 28 29 Parks and Recreation (include park dedication fees) 29 30 Airports 30 31 Other Service Charges (include S.A.C.) 31 32 FINES AND FORFEITS (35100) 32 36.776. MISCELLANEOUS REVENUES (36200) 33 Interest Earnings from Investments 33 29n 158 34 All Other Revenues (identify).c4AGt3.AI'>.. Charge - Refunds - Donations 34 1C16,284 35 TOTAL REVENUES 3 859 ,154. OTHER FINANCING SOURCES (39000) 36 Borrowing — Bonds Issued 36 37 Other Long -Term Debt 37 38 Short-Term Debt 38 39 Other Financing Sources (identify) 39 40 Transfers from Enterprise Funds and Internal Service Funds 40 41 Transfers from Governmental Funds 41 372,100. 42 TOTAL REVENUES AND OTHER FINANCING SOURCES 42 ,231, 254 - 1 - City Financial Reporting Form SECTION I1- EXPENDITURES This section should include all governmental funds and expendable trust funds. AMOUNT GENERAL GOVERNMENT (41000) (omit cents) 1 Mayor and Council 1 8R, 9 0 6 2 Administration and Finance 2 91,611 3 General Government — Other (city hall, elections, etc.) 3 118. 735 4 Capital Outlay for General Government 4 24,885 . PUBLIC SAFETY (42000) 5 Police and Ambulance — Current Expenditures 5 393,629 6 — Capital Outlay 6 36,28'3 • 7 Fire — Current Expenditures 7 16,700 8 — Capital Outlay 8 • 9 Other Protection — Current Expenditures 9 4,448 10 — Capital Outlay 10 • STREETS AND HIGHWAYS (43100) 11 Street Maintenance and Storm Sewers 11 15.971 12 Snow Removal 12 26 .004 13 Street Engineering 13 2,260 14 Street Lighting 14 34.419 15 Street Construction — Capital Outlay (include storm sewers) 15 • 16 Street Other Capital Outlay (equipment & buildings) 16 • SANITATION AND WASTE REMOVAL (EXCLUDE SEWER) (43200) 17 Garbage Collection and Disposal (accrual method of accounting is preferred - enterprise funds - page 3) 17 185 .484 18 Other Sanitation — Current Expenditures (pest control, street cleaning) 18 19 Sanitation — Capital Outlay 19 • HEALTH (44100) 20 Current Expenditures 20 21 Capital Outlay 21 • CULTURE AND RECREATION (45000) 22 Libraries — Current Expenditures 22 23 — Capital Outlay 23 • 24 Recreation & Parks — Current Expenditures 24 1 1 3 9 6 2 25 — Capital Outlay 25 1 , 76 3 • MISCELLANEOUS EXPENDITURES (46300- 49200) 26 Urban Redevelopment, Housing, and Economic Development — Current Expenditures 26 27 — Capital Outlay 27 • 28 Airports — Current Expenditures 28 29 — Capital Outlay 29 • 30 Principal Payments — Debt Service Funds (include Special Assessment Bonds) 30 244, 000 31 Principal Payments on Other Long -Term Debt 31 32 Interest and Fiscal Charges 32 93,569 33 Unallocated Pension Contributions 33 34 Unallocated Insurance and Judgments 34 35 All Other Current Expenditures 35 603,509 36 All Other Capital Outlay 36 • 37 Capital Project Fund Outlay for Enterprise Funds (water, sewer, etc.) 37 • 38 TOTAL EXPENDITURES (as shown on combined statements) 38 2,094.738 OTHER FINANCING USES (49300) 39 Principal Payments — Refunding Issues (payment to escrow agent) 39 40 Principal Payments on Short Term Debt 40 41 Other Financing Uses (identify) 41 42 Transfers to Enterprise Funds and Internal Service Funds 42 43 Transfers to Governmental Funds 43 372,100 44 TOTAL EXPENDITURES AND OTHER FINANCING USES 44 2 .466 , 838 -2- SECTION 11I - ENTERPRISE FUNDS OPERATING STATEMENT Liquor operations are reported on a separate form. (AU 00037) (omit cents) TO WATER & SEWER WATER SEWER 1 OPERATING REVENUES 126.127 178.801 304.9281 2 OPERATING EXPENSES 92.496 193.423 285,919' 3 OPERATING INCOME (LOSS) 33.631 (14.622) 19.009 4 NONOPERATING REVENUES (assessments, property taxes, grants, interest, etc.) 66,001 5 NONOPERATING EXPENSES (interest, etc .) ... 9,882 6 NET INCOME (LOSS) before operating transfers 75,110 ADDITIONAL INFORMATION 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) 4,508 4,508 9,016 16 DEBT PAID — Bonds 15.000 17 — Other Long -Term Debt 18 OUTSTANDING BONDED DEBT —END OF YEAR 19 AMOUNT OF DEPRECATION (included in 21,070 20,765 41, 835 Operating Statement above — line 2) 20 ACCRUAL BASIS OF ACCOUNTING (yes or no) Internal Service 1 OPERATING REVENUES 2 OPERATING EXPENSES 3 OPERATING INCOME (LOSS) 4 NONOPERATING REVENUES (assessments, property taxes, grants, interest, etc.) 5 NONOPERATING EXPENSES (interest, etc.) ... 6 NET INCOME (LOSS) before operating transfers ADDITIONAL INFORMATION 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) 16 DEBT PAID — Bonds 17 — Other Long -Term Debt 18 OUTSTANDING BONDED DEBT —END OF YEAR 19 AMOUNT OF DEPRECIATION (included in Operating Statement above — line 2) 20 ACCRUAL BASIS OF ACCOUNTING (yes or no) *Enter the name of other enterprise funds. If there are not enough columns, attach a separate page. -3- SECTION IV - DEBT STATEMENT OUTSTANDING ISSUED PAIO OUTSTANDING TYPE OF BONGS BEG. OF YEAR DURING YEAR DURING YEAR END OF YEAR 1 GENERAL OBLIGATION 1 , 1 5 9 ,nnn 93A,000 925 , 000 2 G.O. TAX INCREMENT 3 REVENUE TAX INCREMENT 4 SPECIAL ASSESSMENT 15.000 95.000 5 G.O. REVENUE (G.O. backed) 1 10 , 000 6 REVENUE 7 OTHER — identify (MSAH, etc.) 180.000 1 n , nnn 170,000 8 TOTAL BONDED DEBT 1 259 , 000 1,190,000 9 REFUNDING BONDS (also included in Debt Statement above — lines 1 -7) OTHER LONG -TERM DEBT: 10 Installment Purchase Contracts 11 Certificates of Indebtedness 12 Compensated Absences 13 Other Long -Term Debt (include Notes) 14 TOTAL OTHER LONG -TERM DEBT 15 SHORT -TERM DEBT SECTION V - LIABILITIES, FUND BALANCE AND RETAINED EARNINGS GOVERNMENTAL FUNDS SPECIAL DEBT CAPITAL TOTAL GENERAL REVENUE SERVICE PROJECTS GOVERNMENTAL FUND FUNDS FUNDS FUNDS RJNOS TOTAL UABILITIES 96,109 467,584 92,129 655,822 GOVERNMENTAL FUNDS SPECIAL DEBT CAPITAL TRUST TOTAL GENERAL REVENUE SERVICE PROJECTS AND AGENCY UNDESIGNATED FUND FUNDS FUNDS FUNDS FUNDS RJND BALANCE UNRESERVED, UNDESIGNATED FUND BALANCE 69,930 -0- -0- -0- 69,930 (25320) PROPRIETARY FUNDS INTERNAL NON EXPENDABLE TOTAL UNRESERVED ENTERPRISE SERVICE TRUST RETAINED FUNDS FUNDS FUNDS EARNINGS UNRESERVED RETAINED 240,956 240,956 EARNINGS (27200) SECTION VI - BUDGET AND ACTUAL COMPARISON GOVERNMENTAL FUNDS BUDGET ACTUAL BUDGET ACTUAL REVENUES REVENUES EXPENDITURES EXPENDITURES GENERAL FUND 1,239,605 1,978,878 1 ,1 57,410 1,111,(53 SPECIAL REVENUE FUNDS -4- SECTION VII — FINANCIAL HEALTH 1 City Employee Complement Note: Exclude positions paid solely from enterprise funds. Special positions such as seasonal workers are to be reported in the appropriate category, usually part-time employees. If you report "full -time equivalent" positions, please note that fact. Full -time 11 Part-time . 16 2 Fringe Benefit Costs, City Employees $ 134,994 Note: Do not include enterprise fund employees. This is (check one) _Estimated _LActual 3 Total Payroll costs including fringe benefits, City Employees $ 974 , 710 Note: Fringe benefits include employer contributions for retirement, FICA, employer paid insurance such as health, life and disability benefits, and insurance premiums for unemployment and workers' compensation, the value of post- retirement benefits and other benefits. Do not include enterprise fund employees. 4 Number of Building Permits Issued 147 (Include all categories — residential, commercial and industrial construction) 5 Value of Building Permits Issued $7,662,0/37 (Include all categories as above) 6 Current year Tax collections as a percent of current year levy collected 95 35 % (Do not include delinquent tax) Note: Include all property taxes for all funds. Sections I through VI of this report have been prepared from the audited financial statements of the city and include all transactions for all funds of the city for the year ended December 31, 19 89 and is in conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. 1T� 3/21/90 (612 ) 439 -4439 Finenc scer'spgnature Date Phone Number -5- AU-00038-08 (9-18-90) Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with Generally Accepted Accounting Principles (GAAP) °.ITp °'• � o 3 Office of the State Auditor 525 Park Street St. Paul, Minnesota 55103 (612) 297 -3682 City of Oak Park Heights For the Year Ended December 31, 19 90 Please complete this form, per Minnesota Statutes Section 6.74. and return it along with the city's audited financial statement by May 31st. NOTE: THE FORM SHOULD AGREE WITH THE COMBINED STATEMENT TOTALS. City Financial Reporting Form City of teak Park up; eita For State Use Only COunty of Washington Population ORS Code 242 Date Received Class City-owned Enterprise Funds — check those that apply. Unqualified opinion ❑ Yes 0 No ® Water ® Sewer ❑ Garbage ❑ Liquor ❑ Hospital Auditing Firm g 4 p Net Tax Levy Special Assessments ❑ Nursing Home Other (specify) ❑ Electric SECTION 1— REVENUES This section should include all governmental funds. i.e., general, special revenue, debt service, capital projects, and expendable trust funds. Exclude enterprise funds, i.e., liquor, water, sewer, etc. AMOUNT TAXES (31000) (omit cents) 1 Property Taxes (exclude HACA and DRA) 1 1 ,1 9 0,8 0 6 2 Tax Increments (TIF) 2 –0- 3 Franchise Taxes — identify (from Private Sector only) 3 –n- 4 Local Sales Taxes 4 –0- 5 Hotel /Motel Taxes z 5 –0- 6 Gravel Tax 6 497 7 SPECIAL ASSESSMENTS (36100) (include penalties and interest) 7 372, 768 8 LICENSES AND PERMITS (32000) 8 4R INTERGOVERNMENTAL REVENUES (33000) 9 FEDERAL — Community Development Block Grants (CDBG) 9 –0- 10 Other Federal Grants 10 –0- 11 STATE — Local Government Aid (LGA) 11 –0- 12 HACA (Homestead and Agricultural Credit; include Taconite Homestead) 12 606 13 Disparity Reduction Aid (DRA) 13 14 Taconite Relief and Aids 14 15 Small City Development Grant (SCDG) 15 16 Highways 16 17 Other State Grants and Aids 17 75,049 18 COUNTY — Highways 18 19 Other County Grants 19 13,913 20 LOCAL UNITS — Highways 20 21 IRRRB Grants 21 22 Other Local Units Grants 22 CHARGES FOR SERVICES (34000) 23 General Government (include auto registration filing fee) 23 102,R'6 24 Police and Fire Contracts 24 25 Other Public Safety (include ambulance) 25 26 Streets and Highways 26 27 Garbage and Other Refuse (enterprise fund accounting preferred) 27 28 Libraries 28 29 Parks and Recreation (include park dedication fees) 29 30 Airports 30 31 Other Service Charges (include SA C) 31 32 FINES AND FORFEITS (35100) 32 47,1A5 MISCELLANEOUS REVENUES (36200) 33 Interest Earnings (savings and investments) 33 190,475 34 All Other Revenues (identify) Connection Charges,, Refunds & Donations 34 31,849 35 TOTAL REVENUES 35 2,019,814 OTHER FINANCING SOURCES (39000) 36 Borrowing — Bonds Issued 36 295,751 37 Other Long -Term Debt 37 38 Short-Term Debt 38 39 Other Financing Sources (identify) 39 40 Transfers from Enterprise Funds and Internal Service Funds 40 41 Transfers from Governmental Funds 41 100, 000 42 TOTAL REVENUES AND OTHER FINANCING SOURCES 42 7,415,585 -1- • SECTION U — EXPENDITURES This section should include all governmental funds and expendable trust funds. AMOUNT GENERAL GOVERNMENT (41000) (omit cents) 1 Mayor and Council 1 9R , 148 2 Administration and Finance (Clerk/Treas., Dep. Clerk, etc.) 2 109,1(16 3 General Government — Other (city hall, elections, assessing, audit, legal, etc.) 3 124 9631 4 Capital Outlay for General Government 4 588 • PUBLIC SAFETY (42000) 5 Police — Current Expenditures (include police relief) 5 430,052 6 — Capital Outlay 6 • 7 Ambulance — Current Expenditures 7 8 — Capital Outlay 8 • 9 Fire — Current Expenditures (include fire relief) 9 14.918 10 — Capital Outlay 10 • 11 Other Protection — Current Expenditures 11 74,611 12 — Capital Outlay 12 4311 • STREETS AND HIGHWAYS (43100) 13 Street Maintenance and Storm Sewers 13 13,817 14 Snow Removal 14 18.944 15 Street Engineering 15 1,513 16 Street Lighting 16 37,085 17 Street Construction — Capital Outlay (include storm sewers) 17 • 18 Street Other Capital Outlay (equipment & buildings) 18 267 • REFUSE AND WASTE REMOVAL (EXCLUDE SEWER) (43200) 19 Garbage and Other Refuse Collection and Disposal (enterprise fund accounting preferred) 19 216, IRR 20 Other Sanitation — Current Expenditures (weed and pest control, street cleaning, recycling, etc.) 20 17 . 7R7 21 Sanitation — Capital Outlay 21 • HEALTH (44100) 22 Current Expenditures 22 23 Capital Outlay 23 • CULTURE AND RECREATION (45000) 24 Libraries — Current Expenditures 24 25 — Capital Outlay 25 • 26 Recreation & Parks — Current Expenditures (include Cable TV) 26 129.226 27 — Capital Outlay 27 , 7,589 • MISCELLANEOUS EXPENDITURES (46300- 49200) 28 Housing and Urban Redevelopment — Current Expenditures 28 29 — Capital Outlay 29 . • 30 Economic Development (include business loans) — Current Expenditures 30 31 — Capital Outlay 31 • 32 Airports — Current Expenditures 32 33 — Capital Outlay 33 • 34 Principal Payments — Debt Service Funds (include Special Assessment Bonds) 34 244,000 35 Principal Payments on Other Long -Term and Short -Term Debt 35 36 Interest and Fiscal Charges 36 78 37 Pension Contributions (if not allocated) 37 38 Insurance (if not allocated) 38 39 All Other Current Expenditures 3 3&3 jirL3 40 All Other Capital Outlay 40 . • 41 Capital Project Fund Outlay for Enterprise Funds (water, sewer, etc.) 41 • 42 TOTAL EXPENDITURES (as shown on combined statements) 42 1.946,821 OTHER FINANCING USES (49300) 43 Principal Payments — Refunding Issues (payment to escrow agent) 43 44 Other Financing Uses (identify) 44 45 Transfers to Enterprise Funds and Internal Service Funds 45 46 Transfers to Governmental Funds 46 100,000 47 TOTAL EXPENDITURES AND OTHER FINANCING USES 47 2,046,821 -2- SECTION III -- ENTERPRISE FUNDS OPERATING STATEMENT Liquor operations are reported on a separate form. (AU 00037) (omit cents) WATER SEWER latanitGETOTAL WATER & SEWER 1 OPERATING REVENUES 127,063 ?1 339, 51 1 2 OPERATING EXPENSES 11 jUS 212,997 1'11,3n? 3 OPERATING INCOME (LOSS) 8,748 (549) 6,7114 4 NONOPERATING REVENUES (assessments, 65,193 property taxes, grants, interest, etc.) 5 NONOPERATING EXPENSES (interest, etc.) 7.888 6 NET INCOME (LOSS) before operating transfers 65.514 ADDITIONAL INFORMATION: 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR , . . 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) .... 3,944 3,944 7,888 16 DEBT PAID — Bonds - 15,000 17 — Other Long -Term Debt ... 18 OUTSTANDING BONDED DEBT — END OF YEAR 80,000 19 AMOUNT OF DEPRECIATION (included in Operating Statement above — line 2) 37,508 31,238 68,746 20 ACCRUAL BASIS OF ACCOUNTING Yes Yes Yes (yes or no) Internal Service 1 OPERATING REVENUES 2 OPERATING EXPENSES 3 OPERATING INCOME (LOSS) 4 NONOPERATING REVENUES (assessments, property taxes, grants, interest, etc.) . .. 5 NONOPERATING EXPENSES (interest, etc.) 6 NET INCOME (LOSS) before operating transfers ADDITIONAL INFORMATION: 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR ... 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) .. 16 DEBT PAID — Bonds 17 — Other Long -Term Debt .. 18 OUTSTANDING BONDED DEBT — END OF YEAR 19 AMOUNT OF DEPRECIATION (included in Operating Statement above -- line 2) 20 ACCRUAL BASIS OF ACCOUNTING eyes or no) *Enter the name of other enterprise funds. If there are not enou • h columns, attach a separate pa • e. -3- SECTION IV -- DEBT STATEMENT OUTSTANDING ISSUED PAID OUTSTANDING TYPE OF BONDS BEG. OF YEAR DURING YEAR DURING YEAR END OF YEAR 1 GENERAL OBLIGATION 925,000 300,000 234,000 991,000 2 G.O. TAX INCREMENT 3 REVENUE TAX INCREMENT 4 SPECIAL ASSESSMENT 5 G.O. REVENUE (G.O. backed) . 6 REVENUE 95.000 15.000 80.000 7 OTHER — identify (MSAH, etc.) Prop . Prp . Tx Sp td . 170, 000 10.000 160.000 8 TOTAL BONDED DEBT 1,190.000 300.000 259.000 1.231.000 9 REFUNDING BONDS (also included in Debt Statement above — lines 1 -7) OTHER LONG -TERM DEBT: 10 Installment Purchase Contracts . 11 Certificates of Indebtedness 12 Compensated Absences 13 Other Long -Term Debt (include Notes) 14 TOTAL OTHER LONG -TERM DEBT 15 SHORT -TERM DEBT SECTION V — LIABILITIES, FUND BALANCE AND RETAINED EARNINGS GOVERNMENTAL FUNDS SPECIAL DEBT CAPITAL TOTAL GENERAL REVENUE SERVICE PROJECTS GOVERNMENTAL FUND FUNOS FUNDS FUNDS FUNDS TOTAL UABIUTIES 82,547 190,123 229,713 502,383 GOVERNMENTAL FUNDS - FUND EQUITY SPECIAL DEBT CAPITAL TRUST FUND BALANCE GENERAL REVENUE SERVICE PROJECTS AND AGENCY TOTAL 1253201 FUND FUNDS FUNDS FUNDS FUNDS FUND BALANCE RESERVED 776, 731 776, 731 UNRESERVED• DESIGNATED 978,941 1,054,776 2,033,717 UNRESERVED • UNDESIGNATED 87,340 (125,676) (38,336; TOTALFUNOEDUITY 1.066.281 776.731 929.100 –0– 12.772.112. PROPRIETARY FUNDS - FUND EQUITY INTERNAL NON EXPENDABLE TOTAL RETAINED EARNINGS ENTERPRISE SERVICE TRUST RETAINED 1272001 FUNDS FUNDS FUNDS EARNINGS RESERVED 661,765 661,765 UNRESERVED 362,686 362,636 TOTAL FUNO EQUITY 1,024,451 1,024,451 SECTION VI — BUDGET AND ACTUAL COMPARISON GOVERNMENTAL FUNDS BUDGET ACTUAL BUOGET ACTUAL REVENUES REVENUES EXPENDITURES EXPENDITURES GENERAL FUND 1,352,020 1,448,745 1,352,020 1,193,094 SPECIAL REVENUE FUNDS _ -4- f SECTION VII — FINANCIAL HEALTH 1 City Employee Complement Note: Exclude positions paid solely from enterprise funds. Special positions such as seasonal workers are to be reported in the appropriate category, usually part -time employees. If you report "full -time equivalent" positions, please note that fact. Number of Full -time Positions 14 30 Number of Part-time Positions 2 Fringe Benefit Costs, City Employees $ 168, 882.89 Note: Do not include enterprise fund employees. This is (check one) Estimated X Actual 3 Total Payroll costs including fringe benefits, City Employees S 670,508.26 Note: Fringe benefits include employer contributions for retirement, FICA, employer paid insurance such as health, life and disability benefits, and insurance premiums for unemployment and workers' compensation, the value of post- retirement benefits and other benefits. Do not include enterprise fund employees. 4 Number of Building Permits Issued (Include all categories — residential, 226 commercial and industrial construction) 5 Value of Building Permits Issued $ 4,314,938 (Include all categories as above) 6 Current year Tax collections as a percent of current year levy collected 98 (Do not include delinquent tax) Note: Include all property taxes for all funds. The city has adopted the Uniform Chart of Accounts issued December 1, 1981: Yes X No Sections I through VI of this report have been prepared from the audited financial statements of the city and include all transactions for all funds of the city for the year ended December 31, 19 90 and is in conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. f. //fr 4 -17 -91 612 ) 439 -4439 Pina Officer'seiCature Date Phone Number -5- AU- 00038 -08 (9- 18 -91) Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with Generally Accepted Accounting Principles (GAAP) •' n . • r� o. , 44.1 r z ▪ 0. Office of the State Auditor 525 Park Street St. Paul, Minnesota 55103 (612) 297 -3682 City of Oak Park Heights For the Year Ended December 31, 19 91 Please complete this form, per Minnesota Statutes Section 6.74, and return it along with the city's audited financial statement by May 31st. NOTE: THE FORM SHOULD AGREE WITH THE COMBINED STATEMENT TOTALS. City Financial Reporting Form City of Oak Park Heights For State Use Only Population County of Washington ORS Code 242 Date Received Class City -owned Enterprise Funds — check those that apply. Unqualified Opinion 0 Yes 0 No Auditing Firm ® Water ® Sewer ❑Garbage ❑ Liquor ❑ Hospital Net Tax Levy ❑ Nursing Home ❑ Other (specify) Special Assessments ❑ Electric , SECTION 1 — REVENUES This section should include all governmental funds, i.e., general, special revenue, debt service, capital projects, and expendable trust funds. Exclude enterprise funds. i.e., liquor, water, sewer, etc. AMOUNT TAXES (31000) (omit cents) 1 Property Taxes (exclude HACA and DRA) 1 1,144,476.00 2 Tax Increments (TIF) 2 52,322.00 3 Franchise Taxes — identify (from Private Sector only) e.g. Cable TV 3 4 Local Sales Taxes 4 5 Hotel /Motel Taxes 5 6 Gravel Tax 6 459.00 7 SPECIAL ASSESSMENTS (36100) (include penalties and interest) 7 236, 280.00 8 LICENSES AND PERMITS (32000) — Business 8 13.762.00 9 — Non - business 9 109,047 00 INTERGOVERNMENTAL REVENUES (33000) 10 FEDERAL — Community Development Block Grants (CDBG) 10 11 Other Federal Grants 11 12 STATE — Local Government Aid (LGA) 12 13 HACA (Include Mobile Home HACA, Taconite HACA) 13 4,bi1.UU 14 Disparity Reduction Aid (DRA) and Equalization Aid 14 15 Taconite Relief and Aids 15 . 16 Small City Development Grant (SCDG) 16 17 Highways 17 18 Other State Grants and Aids 18 32,092.00 19 COUNTY — Highways 19 20 Other County Grants 20 14, 679.00 21 LOCAL UNITS — Highways 21 22 IRRRB Grants 22 23 Other Local Units Grants 23 CHARGES FOR SERVICES (34000) 24 General Government (include auto registration filing fee) 24 313, 656.00 25 Police and Fire Contracts 25 26 Other Public Safety (include ambulance) 26 27 Streets and Highways 27 28 Garbage, Recycling and Other Refuse (enterprise fund accounting preferred) 28 29 Libraries 29 30 Parks and Recreation (include park dedication fees) 30 31 Airports 31 32 Other Service Charges (include S.A C) 32 33 FINES AND FORFEITS (35100) 33 36 ,174.00 MISCELLANEOUS REVENUES (36200) 34 Interest Earnings (savings and investments) 34 198,761.00 35 All Other Revenues (identify)Connection Chgs.,Refunds, Donations, tscrow Inv. 35 74443,00 36 TOTAL REVENUES Earni,ngs 36 2,233, OTHER FINANCING SOURCES (39000) 37 Borrowing -- Bonds Issued 37 1,238,022 38 Other Long -Term Debt 38 39 Short-Term Debt 39 40 Other Financing Sources (identify) 40 41 Transfers from Enterprise Funds and Internal Service Funds 41 42 Transfers from Governmental Funds (should be the same as line 46 on page 2) 42 148,245 43 TOTAL REVENUES AND OTHER FINANCING SOURCES (Add lines 36 -42) 43 3,620,024 -1- SECTION II — EXPENDITURES • This section should include all governmental funds and expendable trust funds. AMOUNT GENERAL GOVERNMENT (41000) (omit cents) 1 Mayor and Council 1 101,395 2 Administration and Finance (Clerk /Treas., Dep. Clerk, etc.) 2 123,234 3 General Government — Other (city hall, elections, assessing, audit, legal, etc.) 3 137,641 4 Capital Outlay for General Government 4 6.543 • PUBLIC SAFETY (42000) 5 Police — Current Expenditures (include police relief) 5 496,782 6 — CapitalOutlay 6 20,940 • 7 Ambulance — Current Expenditures 7 8 — Capital Outlay 8 • 9 Fire — Current Expenditures (include fire relief) 9 18,979 10 — Capital Outlay 10 • 11 Other Protection — Current Expenditures 11 48,009 12 — Capital Outlay 12 3,572 • STREETS AND HIGHWAYS (43100) 13 Street Maintenance and Storm Sewers 13 27,156 14 Snow Removal 14 45.014 15 Street Engineering 15 1.544 16 Street Lighting 16 34,114 17 Street Construction — Capital Outlay (include storm sewers) 17 • 18 Street Other Capital Outlay (equipment & buildings) 18 • REFUSE AND WASTE REMOVAL (EXCLUDE SEWER) (43200) 248 806 19 Garbage and Other Refuse Collection and Disposal (enterprise fund accounting preferred) 19 20 Other Sanitation — Current Expenditures (weed and pest control, street cleaning, recycling, etc.) 20 14,03L 21 Sanitation — Capital Outlay 21 • HEALTH (44100) 22 Current Expenditures 22 23 Capital Outlay 23 • CULTURE AND RECREATION (45000) 24 Libraries — Current Expenditures - 24 25 — Capital Outlay 25 • 26 Recreation & Parks — Current Expenditures (include Cable TV) 26 139,726 27 — Capital Outlay 27 1,514 • MISCELLANEOUS EXPENDITURES (46300- 49200) 28 Housing and Urban Redevelopment — Current Expenditures 28 29 — Capital Outlay 29 • 30 Economic Development (include business loans) — Current Expenditures 30 31 — Capital Outlay 31 • 32 Airports — Current Expenditures 32 33 — Capital Outlay 33 • 34 Principal Payments on Bonds 34 249,000 35 Principal Payments on Other Long -Term and Short-Term Debt 35 36 Interest and Fiscal Charges 36 131.738 37 Pension Contributions (if not allocated) 37 38 Insurance (if not allocated) 38 39 All Other Current Expenditures " ' — 39 : 40 All Other Capital Outlay /2s r" -7 1 40 • 41 Capital Project Fund Outlay for Enterprise Funds (water, sewer, etc.) /- d G, 7 r S... 41 • 1 Y P ,.....,. 42 TOTAL EXPENDITURES (as shown on combined statements) 42 3,173, 231 OTHER FINANCING USES (49300) 43 Principal Payments — Refunding Issues (payment to escrow agent) 43 44 Other Financing Uses (identify) 44 45 Transfers to Enterprise Funds and Internal Service Funds 45 46 Transfers to Governmental Funds (should be the same as line 42 on page 1) 46 148.245 47 TOTAL EXPENDITURES AND OTHER FINANCING USES (Add lines 42 -46) 47 3.321, 476 -2- SECTION HI — ENTERPRISE FUNDS OPERATING STATEMENT Liquor operations are reported on a separate form. (AU 00037) (omit cents) WATER SEWER MOM= Total Water & Sewer 1 OPERATING REVENUES 152.992 225,909 3/8,901 2 OPERATING EXPENSES 125.491 214.429 339,920 3 OPERATING INCOME (LOSS) 27.501 11.480 38.981 4 NONOPERATING REVENUES (assessments, 54,335 property taxes, grants, interest, etc.) .... 9,561 5 NONOPERATING EXPENSES (interest, etc.) 6 NET INCOME (LOSS) before operating transfers 83,755 ADDITIONAL INFORMATION: 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR .. . 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) .... 3,262 3 , 262 6,524 16 DEBT PAID — Bonds 20,000 17 — Other Long -Term Debt . 18 OUTSTANDING BONDED DEBT — END OF YEAR 60,000 19 AMOUNT OF DEPRECIATION (included in Operating Statement above — line 2) 38,924 31,495 70,419 20 ACCRUAL BASIS OF ACCOUNTING (yes or no) Yes Yes Yes • Internal Service 1 OPERATING REVENUES 2 OPERATING EXPENSES 3 OPERATING INCOME (LOSS) 4 NONOPERATING REVENUES (assessments, property taxes, grants, interest, etc.) ... . 5 NONOPERATING EXPENSES (interest, etc.) 6 NET INCOME (LOSS) before operating transfers ADDITIONAL INFORMATION: 7 PROPERTY TAXES 8 FEDERAL GRANTS 9 STATE GRANTS (incl. homestead credit) 10 LOCAL GRANTS TRANSFERS: 11 Transfers In (from other funds) 12 Transfers Out (to other funds) 13 CAPITAL OUTLAY DURING THE YEAR ... 14 BORROWING — BONDS 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above) ... . 16 DEBT PAID — Bonds 17 — Other Long -Term Debt ..., 18 OUTSTANDING BONDED DEBT — END OF YEAR 19 AMOUNT OF DEPRECIATION (included in Operating Statement above — line 2) 20 ACCRUAL BASIS OF ACCOUNTING (yes or no) 'Enter the name of other enter. rise funds. If there are not enou• h columns, attach a separate •a•e. -3- SECTION IV — DEBT STATEMENT r OUTSTANDING ISSUED PAID OUTSTANDING TYPE OF BONDS BEG. OF YEAR DURING YEAR DURING YEAR END OF YEAR 1 GENERAL OBLIGATION 991,000 239,000 752,000 2 G.O. TAX INCREMENT . 3 REVENUE TAX INCREMENT 4 SPECIAL ASSESSMENT 5 G.O. REVENUE (G.O. backed) 6 REVENUE 80,000 20.000 60,000 7 OTHER — identify (MSAH, etc.) General Debt 160,000, 1.250.000 10.000 1.400.000 8 TOTAL BONDED DEBT 1,231,000 1 .250.000 269.000 2.212.000, 9 REFUNDING BONDS (also included in Debt Statement above — lines 1 -7) OTHER LONG -TERM DEBT: 10 Installment Purchase Contracts 11 Certificates of Indebtedness 12 Compensated Absences (include Enterprise Funds) 13 Other Long -Term Debt (include Notes) 14 TOTAL OTHER LONG -TERM DEBT 15 SHORT -TERM DEBT SECTION V — LIABILITIES, FUND BALANCE AND RETAINED EARNINGS GOVERNMENTAL FUNDS SPECIAL DEBT CAPITAL TOTAL GENERAL REVENUE SERVICE PROJECTS GOVERNMENTAL FUND FUNDS FUNDS FUNDS FUNDS TOTAL LIABILITIES 85,498 93,151 350,834 529,483 GOVERNMENTAL FUNDS — FUND EQUITY SPECIAL DEBT CAPITAL EXPENDABLE FUND BALANCE GENERAL REVENUE SERVICE PROJECTS TRUST TOTAL (253201 RUNG FUNDS FUNDS FUNDS FUNDS FUND BALANCE RESERVED 801.051 801,051 UNRESERVED - DESIGNATED 926,000 2,288 1,184.196 , 2.312,484 UNRESERVED - UNDESIGNATED 75, (1 7.926) (42,875) TOTAL FUND EQUITY 1.001.051 2,288 801.051 i,266,270 . 3,070,660 PROPRIETARY FUNDS — FUND EQUITY INTERNAL NON EXPENDABLE TOTAL RETAINED EARNINGS ENTERPRISE SERVICE TRUST RETAINED 1272001 FUNDS FUNDS FUNDS EARNINGS RESERVED 661,765 661,765 UNRESERVED 506,051' 506,051 TOTAL RETAINED EARNINGS 1 .167 .816 1 ,167 .816 SECTION VI — BUDGET AND ACTUAL COMPARISON GOVERNMENTAL FUNDS BUDGET ACTUAL BUDGET ACTUAL REVENUES REVENUES EXPENDITURES EXPENDITURES GENERAL FUND 1,470,172 1,460,415 1,518,735 1,425,645 SPECIAL REVENUE FUNDS -4- SECTION VII — FINANCIAL HEALTH 1 City Employee Complement Note: Exclude positions paid solely from enterprise funds. Special positions such as seasonal workers are to be reported in the appropriate category, usually part-time employees. If you report "full -time equivalent" positions, please note that fact. Number of Full -time Positions 14 Number of Part-time Positions 16 2 Fringe Benefit Costs, City Employees $ 195,333.43 Note: Do not include enterprise fund employees. This is (check one) Estimated X Actual 3 Total Payroll costs including fringe benefits, City Employees $ 763,057.57 Note: Fringe benefits include employer contributions for retirement, FICA, employer paid insurance such as health, life and disability benefits, and insurance premiums for unemployment and workers' compensation, the value of post - retirement benefits and other benefits. Do not include enterprise fund employees. 4 Number of Building Permits Issued (Include all categories -- residential, 165 commercial and industrial construction) 5 Value of Building Permits Issued $ 27.341.020 (Include all categories as above) 6 Current year Tax collections as a percent of current year levy collected 95 . 41 % (Do not include delinquent tax) Note: Include all property taxes for all funds. Sections I through VI of this report have been prepared from the audited financial statements of the city and include all transactions for all funds of the city for the year ended December 31, 19 9 and is in conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. //egat May 22, 1992 ( 612 ) 439 -4439 Finance car's Si ture Judy Hoist Date Phone Number -5- • Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with . - -Generally Accepted Accounting Principles (GAAP) • • CD: EDITOR - = 1,1,' _ _ = a s.; Iowa ay;: • Office of the State Auditor - Suite 400, 525 Park Street - — St Paul, Minnesota 55103 (612) 296-5982 City of • - - *` OAK PARK HEIGHTS t �::: For the Year Ended December 31, 1992 . K „ .. �► r. 11.1 .. .b Please complete this form, per Minnesota Statutes Section 6.74 _ ' ,� - and return it with the city's audited financial statement by June 30th. NOTE: , THIS FORM SHOULD AGREE WITH THE COMBINED STATEMENT TOTALS IN THE AUDIT REPORT. For State Use Ony City of Oak Park Heights Date Reviewed � ~ - p ' ���`� '��� - Class Aucik County of Washington Mod. Accrual Special Assessments • City—owned Enterprise Funds: Check those that apply. thcal Gov't Aid x Water z_ Sewer | | Refuse Liquor | | Hospital HACA DRA | I Nursing Home [ 1 Electric Other Equalization Aid SECTION I: REVENUES Include all governmental funds and expendable trust funds. Exclude enterprise funds (Iiauor, water, sewer, etc.) Amount TAXES (31000) *"=,m merest dollar) 1 Property Taxes 1 1,165,8 45 2 lg 3Franoh�e Taxes — (�ompr�atese��or only) e.g. Cable TV 3 ''``'''' i - 4 Local Sales Taxes 4 5 HoteVMotel Taxes 5 6 Gambling Tax 6 7 Gravel Tax 7 478 8 SPECAL ASSESSMENTS (36100) (include pen&ties and interest) 8 9 UCENSES AND PERMITS <00000>—Business g �5�^7?R 3 82� 10 _ Non— business business 10 8 O^OD� INTERGOVERNMENTAL REVENUES (33000) ` 11 FERAL — Community Development Biock Grants (CDBG) 11 12 — CtherFedera|Grants 12 13 STATE — Local GovernmentAid 13 14 H��A _ 14 38,188 15 — Manufactured Home HACA 15 16 — TaconiteHomesteadCredit 16 17 — Disparity Reduction Aid (]RA) 17 18 — Equalization Aid 18 19 — Taconite Aids 19 20 — Small City Development Grant (SCOG) 20 21 — Highways 21 22 — Other State Gran and Aids (pohce, fire and transition aid) & 5t.g Rinib' 22 • 3Z/,495 23 COUNTY — Highw 23 24 — OtherCountyGrants 24 17544 25 LOCAL UNITS — Highways 25 ^ 26 — IRRRB Grants 36 27 — Other Local Units Grants 27 CHARGES FOR SERVICES (34000) 28 General Govemment (inctude auto registration, city hall rent, fiiing fees) 28 14.6 7O7 29 Police and Fire Contracts 29 ' 30 Other Public Safety (include ambulance) 30 31 Streets and Highways 31 32 Garbage, Recycling and Other Refuse (enterprise fund accounting preferred) 32 33 Libraries 33 34 Parks and Recreation (include park dedication fees) 34 35'Airports 35 36 Other Service Charges (include S.A'C, cemetery) 36 37 FINES AND FORFEITS 37 38 577 MISCELLANEOUS REVENUES (36200) ^ 38 Interest Earnings (savings and investments) 38 145746 39 Gambling Proceeds (pu|¢abs lottery) 39 ^ 40 A1 Other Revenue (identffy) .Ccoznecti.00...ags~.Re.fundc.,Dozatiooz. ~ �Estox.— 40 1,170,812 41TO77Q- REVENUES (should equal total onfinan�p|st�emen� Inv h�znina 41 368638g OTHER FINANCING SOURCES 42 Borrowing — Bonds ssu 42 146 755 43 — Other Long—term Debt 43 44 — Short—term Debt 44 45 Other Financing Sources 45 46 Transfers from Enterpre Funds and internat Service Funds 46 47 Transfers from Governmental Funds (should equal line 50 on page 2) 47 1,142,7q9 48 TOTAL REVENUES AND OTHER F|NANC|N{�SOURCES (add dd lines 41 48 �q754�? ' ' —1— C!ty of Oak Park Heights SECTION II: EXPENDITURES Include all governmental funds and expendable trust funds. Exclude enterprise funds (liquor, water, sewer, etc.) Amount GENERAL GOVERNMENT (41000) (roesid to neared dollar) 1 Mayor and Council 1 99,781 2 Administration and Finance (clerk/treasurer, deputy clerk, etc.) 2 15 7? 3 Other General Government (city hall, elections, assessing, audit, legal, etc.) 3 231 7t&5 4 General Govemment — Capital Outlay 4 11 ; 305 • PUSUC SAFETY (42000) 5 Police — Current Expenditures (include police relief) 5 539:293 6 — Capital Outlay • 7 Ambulance — Current Expenditures (include rescue squad) 7 8 — Capital Outlay 8 • 9 Fire — Current Expenditures (include police relief) 1 986 ef) : 10 — Capital Outlay 10 • n — Current Expenditures 11 74 t i Other Protection pe . 724 12 — Capital Outlay 12 1 919 • STREETS AND HIGHWAYS (43100) 13 Street Maintenance and Storm Sewers 13 ?5 , 5 ?9 14 Snow and Ice Removal .... r 1 4 1 1 : 77 7 15 Street Engineering 16 Street Lighting F • / 3? -6R9 ' 17 Street Construction — Capital Outlay (include bridges, sidewalks and storm sewers) ...C1.4.„/.A• ..C. L G-� 17 4 /%2 / l I.7 • 18 Street — Other Y ,. Capital Outlay r ' ' • - i'18 • REFUSE AND WASTE REMOVAL (EXCLUDE SEWER) (43200) 19 Garbage and Other Refuse Collection and Disposal (enterprise fund accounting preferred) . 19 ? 51 ,1 ?I 20 Other Sanitation — Current Expenditures (weed & pest control, street cleaning, recycling).... 20 1 h 416 21 Sanitation — Capital Outlay 21 • HEALTH (44100) 22 Current Expenditures ..... ... »......... 22 23 ital Outlay 23 • �P Y CULTURE AND RECREATION (45000) 24 Libraries — Current Expenditures 24 • 25 — Capital Outlay ..» ..... .. 25 • 26 Parks and Recreation — Current Expenditures . ..— 26 1562, 321 27 — Capital Outlay 27 A , nnn • MISCELLANEOUS EXPENDITURES (46300- 49200) 28 Housing and Redevelopment Authority — Current Expenditures (HRA) 28 29 — Capital Outlay 29 • 30 Port Authority — Current Expenditures ........... »......... er. ` 30 31 — Capital Outlay j . v ..:'... 31 • 32 Housing and Urban Redevelopment — Current Expenditures..•. 32 33 — Capital Outlay . 33 • 34 Economic Development — Current Expenditures Y ,.�: •,' 34 35 — Capital Outlay • 36 Airports — Current Expenditures (..4r 36 37 — Capital Outlay 37 • 38 Principal Payments on Bonds 38 429,000 39 Principal Payments on Other Long —term Debt and Short —term Debt 39 40 Interest and Fiscal Charges 40 147,688 41 Pension Contribution (if not allocated) .. 41 42 Insurance (if not allocated) 42 43 All Other Current Expenditures 1 3xni1.7.I3.g..Saasts 43 4,bLL 44 All Other Capital Outlay Construction 2.:.5y.$... 1 --44 1 ,1 48,077 • 45 Capital Project Fund Outlay for Enterprise Funds (water, sewer, etc.) "45 0 Ir 2(19 , 75G. • 46 TOTAL EXPENDITURES (should equal total on financial statement) 46 3 , 649 , 405 OTHER FINANCING USES 47 Principal Payments — Refunded Bond (payment to escrow agent) 47 48 Other Financing Uses 48 49 Transfers to Enterprise Funds and Internal Service Funds 49 50 Transfers to Governmental Funds (should equal line 47 on page 1) 50 1 14? 799 51 TOTAL EXPENDITURES AND OTHER FINANCING USES (add lines 46 -50) 51 , 4:792,204 —2— SECTION III — ENTERPRISE FUNDS Liquor store operations are reported on Form AU00037. DO NOT INCLUDE SALES TAX. Round amounts to Hearst dollar. OPERATING STATEMENT I WATER SEWER I REFUSE Total Giate - & Sewer 1 Operating Revenues 166,354 225,314 391,668 2 Operating Expenses 128,687 . 235,926 364,613 3 Operating Income (Loss) 37,667 (10 , 612) 27,055 4 Non — operating Revenues (interest, grants, property taxes. assessments) 110,471 5 Non — operating Expenses (interest etc.) 5,071 6 Net Income (Loss) before Operating Transfers 132,455 ADDITIONAL INFORMATION • _ 7 Property Taxes (exclude special assessments) 8 Federal Grants 9 State Grarrts 10 Local Grants 11 Transfers In from Other Finds 12 Transfers Out to Other Funds 170,000 13 Capital Outlay during the Year 14 Borrowing — Bonds 15 Interest and Fiscal Charges (included in operating statement above) 2,430 2 , 430 4,860 16 Debt Paid — Bonds 20,000 17 — Other Lang —term Debt 18 Outstanding Bonded Debt — End of Year 40,000 19 Amourtt of Depredation ( included in operating statement — line 2) 40,338 31,794 72,132 20 Accrual Basis of Accoun ing (yes or no) Yes Yes Yes OPERATING STATEMENT internal Service 1 Operating Revenues 2 Operating Expenses 3 Operating Income (Loss) 4 Non — operating Revenues (interest grants, property taxes. assessments) 5 Non — operating Expereas (interest etc.) 6 Net Income (Loss) before Operating Transfers ADDITIONAL iNFCRititATfON= 7 Property Taxes (exclude special assessments) 8 Federal Grants 9 State Grants 10 Local Grants 11 Transfers In from Other Funds 12 Transfers Out to Other Funds 13 Capital Outlay during the Year 14 Borrowing — Bonds 15 Interest and Fiscal Charges (included in operating statement above) 16 Debt Paid — Bonds 17 — Other Long —term Debt 18 Outstanding Bonded Debt — End of Year 19 Amount of Depredation ( included in operating statement — line 2) 20 Accrual Basis of Accounting (yes or no) —3— ,,ity of Oak Park Heights SECTION IV: DEBT STATEMENT ' TYPE .OFBONDS ;; .., , .: BEGINNING ::OFYEAR .. _ ISSUED DURING THE YEAR PAID DURING: THE YEAR -END >OFYEAR 1 General Obligation 752,000 2[9,000 473 , 000 2 G.O. Tax Increment 3 Hevetxle Tax Increment 4 Special Assessment I 5 G.O. Revenue (G.O. backed) e Rearm 60,000 20,000 40,000 7 Other — Id.nfyGen Debt ,e sae • ••I • es0 el 0 00 8 TOTAL BONDED DEBT a is 1 , f 0 • 111 10 . i 9 Rshrxiing Bonds (Inc. in • debt statement — Mee 1- 10 HRA Indebtedness (inc. In • debt statement — fines 1 -7) • i 11 Port Authority Debt (Inc. In • debt statement — fines 1 -7) 12 Ina sonar k Pind1e10 Cotwects 1 13 Certificates of Indebtedness ,` 14 Compensated Absences 1 15 Odw long —term Debt (notes) 16 TOTAL OTHER i LONG —TER1 DESr 17 SHORT —TERM DEBT SECTION V: LIABILITIES, FUND BALANCE AND RETAINED EARNINGS UABIUTIES SPECIAL. DEBT CAPITAL TOTAL. 1 GOVERNMENTAL FUNDS GENERAL REVENUE SERVICE PROJECTS GOVERIMENTAL TOTAL LIABILITIES 1 92,642 F _ 218,758 1 500,476 1 811,876 GOVERNMENTAL FUNDS — FUND EQUITY SPECIAL DEBT CAPITAL EXPENDABLE TOTAL FUND BALANCE (25320) GENERAL. _ REVENUE SERVICE PROJECTS TRUST FUND BALANCE Reserved -._ ; 91/,)8I 917,581 Unreserved — Designated 1.013.422 5,127 ,1,540,571 .. 2,559,120 Unreserved — Undesignated (52,322) (52,322) TOTALFUND EQUrrY 1,013,422 5.127 _ 917,581 _1.488,249 3,424,379 — PROPRIETARY FUNDS — FUND EQUITY • ENTERPRISE INTERNAL NON— DCPENDABLE TOTAL RETAINED RETAINED EARNINGS (27200) FUNDS SERVICE TRUST EARNINGS Reserved 661.765 T 661,765 Unreserved - 528.486 528,486 TOTAL FUND EQUIT( 1,190,251 1.190.251 SECTION VI: BUDGET AND ACTUAL COMPARISONS 1 BUDGET ACTUAL BUDGET ACTUAL - GOVERNMENTAL FUNDS REV ENUES R ;,ES (PEN E rtURE D S ExPENOrnJPES GENERAL FUND _ 1,525,932 1,543,717 1,154,055 1,506,996 SPECIAL REVENUE FUNDS —4— SECTION VII: SOLID WASTE DISPOSAL FEES Pursuant to Laws of Minnesota (1991), Chapter 337, Section 41 1 :a ance o o I. 'Taste Dispose ees anuary 1 1 FEES COLLECTED Amount Name of Landfill 2 1 NONE (Hound to nearest dam) � 2 31 3 4 1 4 5 Total Fees Collected 5 6 Interest Earnings on Disposal Fees 6 EXPENDITURES Amount Description of Expenditure (Round to nearest dotter) 8 I 71 8 9 9 10 10 111 11 121 12 13 13 14 Total Expenditures 14 15 Balance of Solid Waste Disposal Fees — December 31 15 SECTION VIII - FINANCIAL HEALTH • 1 City Employee Compliment — Number of Full —time Positions 1 15 2 — Number of Part—time Positions 2 30 * Note: Exclude positions paid soleyfrom enterprise funds. Special positions such as seasonal workers are to be reported in the appropriate category. usually part—time employees, If you report "full —time equivalent' positions, please note that fact. 3 Fringe Benefit Costs, City Employees 3 226,110 4 Total Payroll Costs including Fringe Benefits, City Employees 4 856,921 Note: Do not include enterprise fund employees. Fringe benefits include employer contributions for retirement, RCA, employer paid insurance, such as health, fife and disability benefits, and insurance premiums for unemployment and workers' compensation, the value of post — retirement benefits and other benefits. 5 Number of Building Permits Issued 5 207 6 Value of Building Permits Issued 6 4,471,248 N.te: I lude .Il ate .•r • esidential •mmercia and industrial onstructi•n 7 Current Year Tax Collections as a Percent of Current Year Levy 7 99.29% I Note: Include property taxes for all funds. (Do not include delinquent taxes.) Sections I through VI of this report have been prepared from the audited financial statements of the city and include all transactions for all funds of the city for the year ended December 31, 1992 , and is in conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. C k/t ��r /�7�� 6 -14 -93 ( 612 ) 439 -4439 4 - nature of Finance Officer Date Phone Number * Includes 14 election judges —5— MJOO b4 (2ANl 4) Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with Generally Accepted Accounting Principles (GAAP) . ,.ITOR. .s .. { .— t1 Office of the State Auditor Suite 400, 525 Park Street St. Paul, Minnesota 55103 (612) 296 -5982 City of . - _ Oak Park Heights - For the Year Ended December 31, 1993 • - - - - Please complete this form, per Minnesota Statutes Section 6.74 "and return it with the city's audited financial statement by June 30th. NOTE: THIS FORM SHOULD AGREE WITH THE COMBINED STATEMENT TOTALS IN THE AUDIT REPORT. For State Use Only • City of Oak Park He iaht s Date Reviewed Class Audit Firm County of Washington Auditor's Opinion Net Tax Levy City —owned Enterprise Funds: Check those that apply. Special Assessments _ Local Gov't. Aid xi Water x Sewer I Refuse Liquor Hospital I HACA DRA I l e n Electric 1 Cther Equalization Aid Hom SECTION I: REVENUES Include all governmental funds and expendable trust funds. Exclude enterprise funds (liquor, water, sewer, etc.) Amount TAXES (31000) (round to nearest dollar) 1 Property Taxes 1 1,286,879 2 Tax Increments (T1F) 2 17 Q 45 (1 3 Franchise Taxes — (from private sector only) e.g. Cable TV 3 4 Local Sales Taxes 4 5 Hotel /Motel Taxes 5 6 Gambling Tax 6 -+y= 7 Gravel Tax 7 c / r ,0 „' 8 SPECIAL ASSESSMENTS (36100) (include penalties and interest) 8 207,304 9 LICENSES AND PERMITS (32000) — Business 9 1 465 10 — Non — business 10 /ag " /1'3 INTERGOVERNMENTAL REVENUES (33000) 11 FEDERAL — Community Devebpment Block Grants (COBG) 11 12 — Other Federal Grants 12 5,935 13 STATE — Local Government Aid (LGA) 13 14 — HACA 14 55,377 15 — Manufactured Home HACA 15 16 — Taconite Homestead Credit 16 17 — Disparity Reduction Aid (DRA) 17 18 — Equalization Aid 18 19 — Taconite Aids 19 20 — Small City Development Grant (SCDG) 20 21 — Highways (State Aid Street) 21 ?? :; c ? I 22 — Other State Grants and Aids (police, fire and transition aid) 22 "'s r+ _23 SW., 23 COUNTY — Highways 24 — Other County Grants 24/z/ ,' j F''''' -�� 25 LOCAL UNITS — Highways 25 ' I ' 26 — IRRRB Grants 26 27 — Other Local Units Grants 27 CHARGES FOR SERVICES (34000) 28 General Govemment (include auto registration, city hall rent, filing fees) 28 105,278 29 Police and Fire Contrac5 29 30 Other Public Safety (include ambulance) 30 31 Streets and Highways 31 32 Garbage, Recycling and Other Refuse (enterprise fund accounting preferred) ... 32 103,037 33 Libraries 33 34 Parks and Recreation (include park dedication fees) 34 36,750 35 Airports (include hangar rent) .: r 35 36 Other Service Charges (include SA.C., cemetery) F o np.c_c ' o . c/v 5; I k: rev/ 36 '75-7 A/ 7•"/ 37 FINES AND FORFEITS 37 44,189 MISCELLANEOUS REVENUES (36200) 38 Interest Earnings (savings and investments) 38 129,318 39 Gambling Proceeds (pulltabs, lott 39 40 All Other Revenue (identify) ` ,,,, Refunds, Donations y 40 5, O 41 TOTAL REVENUES (should equal total on financial statement) 41 3,405,717 OTHER FINANCING SOURCES 42 Borrowing — Bonds Issued (net proceeds) 42 1,118,376 43 — Other Long —term Debt 43 44 — Short—term Debt 44 45 Other Financing Sources 45 46 Operating Transfers from Enterprise Funds and Internal Service Funds 46 o ; 2 47 Operating Transfers from Governmental Funds (should equal line 50 on page 2) 47 777 48 TOTAL REVENUES AND OTHER FINANCING SOURCES (add lines 41 -47) 48 5 , 331, 65 9 -1- City of Oak Park Heights . SECTION II: EXPENDITURES Include all governmental funds and expendable trust funds. Exclude enterprise funds (liquor, water, sewer, etc.) Amount GENERAL GOVERNMENT (41000) (round to nearest dollar) 1 Mayor and Council 1 34,348 2 Administration and Finance (clerk/treasurer, deputy clerk, etc.) 2 1 S 0 71 4 3 Other General Govemment (city hall, elections, assessing, audit, legal, etc.) 3 1 79 " 7 7 7 4 General Government — Capital Outlay 4 6:026 • I PUBLIC SAFETY (42000) 5 Police — Current Expenditures (include police relief) 5 550.498 6 — Capital Outlay 6 10 9 15 • 7 Ambulance — Current Expenditures (include rescue squad, 1st responders) 7 • 8 — Capital Outlay 8 • 9 Fire — Current Expenditures (include fire relief) 9 30 . 809 10 — Capital Outlay 10 • 11 Other Protection — Current Expenditures 11 71 841 12 — Capital Outlay 12 331 • STREETS AND HIGHWAYS (43100) 13 Street Maintenance and Storm Sewers 1 3 23 , 5 64 14 Snow and ice Removal 14 27, 9 4 7 15 Street Engineering 15 1 . §58 16 Street Lighting 16 41.196 J,v 17 Street Construction — Capital Outlay (include bridges, sidewalks and storm sewers) 17 , 18 Street — Other Capital Outlay (buildings and equipment) 18 • REFUSE AND WASTE REMOVAL (EXCLUDE SEWER) (43200) • 19 Garbage and Other Refuse Collection and Disposal (enterprise fund accounting preferred) . 19 297,452 20 Other Sanitation — Current Expenditures (weed & pest control, street cleaning, recycling).... 20 14 971 21 Sanitation — Capital Outlay 21 • HEALTH (44100) . 22 Current Expenditures 22 23 Capital Outlay 23 • CULTURE AND RECREATION (45000) . 24 Libraries — Current Expenditures 24 25 — Capital Outlay 25 • 26 Parks and Recreation — Current Expenditures (include Cable TV) 26 160. 25 7 27 — Capital Outlay • 27 Itegr • L2' M EXPENDITURES (48300 - 49200) 28 Housing and Redevelopment Authority (HRA) — Current Expenditures 28 29 — Capital Outlay 29 • 30 Port Authority — Current Expenditures 30 31 — Capital Outlay 31 • 32 Housing and Urban Redevelopment — Current Expenditures 32 33 — Capital Outlay 33 • ,;. 34 Economic Development — Current Expenditures (include business loans) ... 34 35 — Capital Outlay 35 36 Airports — Current Expenditures 36 37 — Capital Outlay 37 • 38 Principal Payments on Bonds 38 413,000 39 Principal Payments on Other Long —term Debt and Short-term Debt 39 ,. � 40 interest and Fiscal Charges 40 155 105 41 Pension Contribution (if not allocated) 41 42 Insurance (if not allocated) 42 43 All Other — Current Expenditures ....E. 14FAS)1A8...C9.gt$ 43 10 . 419 44 — Capital Outlay (ONLY items not properly classified elsewhere) Cons t;ugt ion 44 g ..5 •,203 - 7aZ 45 Capital Project Fund Outlay for Enterprise Funds (water, sewer, etc.) 45 • Gr a � 46 TOTAL EXPENDITURES (should equal total on financial statement) 46 3,5 31, 858 OTHER FINANCING USES 47 Principal Payments — Refunded Bond (payment to escrow agent) 47 48 Other Financing Uses 48 . 49 Operating Transfers to Enterprise Funds and Internal Service Funds • 49 50 Operating Transfers to Governmental Funds (should equal line 47 on page 1) 50 777.5 6 6 51 TOTAL EXPENDITURES AND OTHER FINANCING USES (add lines 46 -50) 51 4,309,424 —2— Crr of Oak Park Heights SECTION III — ENTERPRISE FUNDS Liquor store operations are reported on Form A000037. DO NOT INCLUDE SALES TAX. Round amounts to nearest dollar. 11 OPERATING STATEMENT WATER 1 SEWER REFUSE To ra 1 W 1 r F, Spwp - r- 1 Operating Revenues 1 F 7 1 l i R 2 7 3 91 9 11 2 Operating Expenses 1 133,998 2 6 2, 6 25 396,623 !i 3 Operating Income (l (..nS) 2 8, 15 0 1 11,294 1 39,444 4 Non - operating Revenues (interest. 30,941 grants. property taxes, assessments) 1! 5 Non - operating Expenses (interest. etc.) 1 1 I 1 3,160 I • 6 Net Income (Loss) before Operating Transfers 67,225 ADDITIONAL INFORMATION 1 1 7 Property Taxes (exclude special assessments) 1 I} 1 8 Federal Grants i 9 State Grants 1 10 Local Grants 1 1 11 Operating Transfers In from Other Funds 12 Operating Transfers Out to Other Funds I 1 1 30,000 13 Capital Outlay during the Year I 1 14 Borrowing - Bonds 15 Interest and Fiscal Charges (included in operating statement above) 1,580 1,580 3,160 it 16 Debt Paid - Bonds 20,000 11 17 - Other Long -term Debt 1 I 1 ( 18 Outstanding Bonded Debt - End of Year II 19 Amount of Depreciation ( included in 20,000 operating statement - line 2) 54,227 3 2, 8 7 8 8 7, 10 5 1 1 20 Accrual Basis of Accounting (yes or no) Yes 1 Yes 1 Yes OPERATING 1 - - I I STATEMENT 1 Internal Service 1 Operating Revenues 1 i II 2 Operating Expenses 3 Operating Income (Loss) 4 Non - operating Revenues (interest, grants, property taxes, assessments) 5 Non - operating Expenses (interest, etc.) 6 Net Income (Loss) before Operating Transfers ADDITIONAL INFORMATION 7 Property Taxes (exclude special assessments) 8 Federal Grants 9 State Grants 10 Local Grartts 11 Operating Transfers In from Other Funds i l l 12 Operating Transfers Out to Other Funds I 13 Capital Outlay during the Year 14 Borrowing - Bonds 15 Interest and Fiscal Charges (included in operating statement above) 16 Debt Paid - Bonds 17 - Other Long -term Debt 18 Outstanding Bonded Debt - End of Year 19 Amount of Depreciation ( included in operating statement - line 2) 1 20 Accrual Basis of Accounting (yes cc no) —3— L, 01 Oak Park He ig is SECTION IV: DEBT STATEMENT TYPE OF BONDS 1 BEGINNING OF YEAR I ISSUED DURING THE YEAR I PAID DURING THE YEAR { END OF YEAR 1 General Obligation 15D.000 I H 15 0 0 0 I 1 3.5_, 0 0 2 G.O. Tax Increment 3 Revenue Tax Increment { { 4 Special Assessment 473.000 1 348,000 ; 179 000 1 5 G.O. Revenue (G.O. backed) 1290,000 1 1.140.000 70,000 I 2 16 0 , 000 6 Revenue 7 Other — Identify { 8 TOTAL BONDED DEBT 1,913,000 1,140,000 433,000 2,620,000 1 9 Hetundtrg 1:30rwa (FIG. In debt statement — lines1 -7) 150,000 1,140,000 { 15,000 1 1,275,000 10 P *iA indebtedness (Inc. In debt statement — lines 1 -7) If Mort Authority Uebt (inc. lit debt statement — lines 1 -7) OTHER LONG TERM DEB T 12 Instalment Pu,cnase Contracts 1 13 Certificates of Indebtedness 14 Compensated Absences 15 Other long —term Debt (notes) 16 TOTAL OTHER LONG —TERM DEBT 17 SHORT —TEAM DEBT _ 1 SECTION V: LIABILITIES, FUND BALANCE AND RETAINED EARNINGS _IABI LITI ES SPECIAL DEBT - CAPITAL - TOTAL GOVERNMENTAL FUNDS GENERAL REVENUE SERVICE PROJECTS GOVERNMENTAL FUND FUNDS FUNDS FUNDS FUNDS TOTAL LIABILITIES , 96,890 242 f 92,971 11,057,2631 1,247,3361 GOVERNMENTAL FUNDS — FUND EQUITY SPECIAL DEBT i CAPITAL EXPENDABLE TOTAL FUND BALANCE (25320) GENERAL REVENUE SERVICE I PROJECTS TRUST , FUND BALANCE f Reserved 1,481,100 1,481,100 Unreserved — Designated 1,092,322 7,611 1, 85 2 , 05 7 2,951,990 Unreserved — Undesignated 14,560 14,560 TOTAL FUND EOUITY 1,106,882 7,611. 1,481,100 1,852,057 4,447,650 'ROPRIETARY FUNDS — FUND EQUITY ENTERPRISE INTERNAL NON — EXPEND. TOTAL RETAINED RETAINED EARNINGS 7200) FUNDS SERVICE TRUST EARNINGS Reserved 661.765 661,765 Unreserved 641.9911 641,991 TOTAL RETAINED EARNINGS 1,303,75 ei 1,303,756 . • SECTION VI: BUDGET AND ACTUAL COMPARISONS DO NOT INCLUDE TRANSFERS. BUDGET ACTUAL BUDGET ACTUAL GO VERNMENTAL F N S REVEN Din P flU GENERAL FUND F1,668,510 _1_ 1,668,510 1,598,985 SPECIAL REVENUE FUNDS 7,594_ 5 , 110 —4— . tyof Oak Park He i7nts SECTION VII - FINANCIAL HEALTH 1 City Employee Compliment - Number of Full -time Positions 1 16 2 - Number of Part-time Positions 2 17 NOTE: Exclude positions paid soley from enterprise funds. Seasonal workers are to be reported in the appropriate category, usually part -time employees. If you report 'full-time equivalent" positions, please note that fact. 3 Fringe Benefrt Costs, City Employees 3 213,323 4 Total Payroll Costs including Fringe Benefrts, City Employees 4 899,569 NOTE: Do not include enterprise fund employees. Fringe benefits include employer contributions. for retirement,:. FICA employer paid insurance, such as health, fife and disability benefits, and insurance premiums fo•unemployment and workers' compensation, the value of post - retirement benefits and other benefits. 5 Number of Building Permits Issued 5 186 6 Value of Building Permits Issued 6 3,132,292 NOTE: Include all categories: residential, commercial and industrial construction. 7 Current Year Tax Collections as a Percent of Current Year Levy 7 101. 437. NOTE: Include property taxes for all funds. (Do not include delinquent tax collections.) Sections I through VI of this report have been prepared from the audited financial statements of the city and include all transactions for all funds of the city for the year ended December 31, 1993 , and is in conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. • / /�ed -1 6 -10 -94 ( 439 -4439 ignature of Finance Officer Date Phone Number Judv L. Ho1st 6 -10 -94 (612) 439 -4439 Prepared by Date Phone Number -5- CUSTOMER MEMO DATE: 06/28/94 FROM: Forest Lake Insurance Agency Customer: OAK01 P. O. Box 188 232 South Lake Street Forest Lake, MN 55025 Policy: CMC1374694 Company: LMCIT- Berkley Risk Servic TO: City of Oak Park Heights Class: COMMERCIAL PACKAGE 14168 North 57th Street Box 2007 Eff Date: 07/07/93 Stillwater, MN 55082 Exp Date: 07/07/94 RE: Pollution Liability Dear LaVonne: Enclosed please find the requested policy information from 1977 through the present regarding pollution liability coverage. If you have any questions, or need further information, please contact me at 612- 464 -3332. Sincerely, Kate Tipping 11 j ... 29:9 LJ • 1_ ,6 -lI ;- - . ,,4.as-'-- City of Oak Park Heights We became Oak Park Heights insurance agent in July of 1977. What follows is a listing ofLiability policies that may apply to pollution losses: 1977 -78 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- CO5780 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit *Municipality Endorsement (See Attached) 1978 -79 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C09087 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1979 -80 - Policy #IST- 8462807 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C14518 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1 Page Two I I lb 1980 -81 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0020263 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1981 -82 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024930 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1982 -83 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #155- C0024900 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1983 -84 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ 2 Page Three 1983 -84 (Cont'd) - Policy #55C- 2045296 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1984 -85 - Policy #IST- 8776170 - The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #55C- 2065528 - Interstate Fire and Casualty Company 5001 W. 80th Street Minneapolis, MN 55437 - Umbrella Liability - $ 5,000,000. 10,000. Retained Limit 1985 -86 - Policy #IST- 8776170 -The Home Ins. Co. 7600 France Ave. So. Minneapolis, MN 55435 - General Liability - $ 500,000. BI Occ /Agg 100,000. PD Occ /Agg 500,000. Contractual Agg 100,000. Contractual Occ - Policy #852106 71978089 - Auto - Owners Insurance P.O. Box 64358 St. Paul, MN 55164 -0358 - Umbrella Liability - $ 2,000,000. 10,000. Retained Limit *Absolute Pollution Exclusion (See Attached) 1986 -87 - Policy #MP824012R - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Pollution Exclusion - Form ME 028 (10 -85) See Attached - Policy #U000273 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Pollution Exclusion - Form UME -2 (6 -85) See Attached 3 Page Four 1987 -88 - Policy #MCM 8541 -8 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible *Form CMC (11 -86) Coverage A. Paragraph 2e. (See Attached) - Policy #UEL 627 -8 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) 1988 -89 - Policy #CMC- 9426 -9 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -87) Cov A. Paragraph 2e. (See Attached) *Form ME043 (5 -88)- Limited Pollution Liab Endt (See Attach) - Policy #MEL 822 -9 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. $10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME -41 (7 -88) Follow Form Except.- Pollution (See Att.) 1989/90 - Policy #CMC10235 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -88) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1011 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form UEL -1 (11 -86) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Poll 4 Page Five 1990 -91 - Policy #CMC11055 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -89) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1209 -The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -89) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1991 -92 - Policy #CMC11938 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -90) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1427 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -90) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1992 -93 - Policy #CMC12802 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(11 -91) Cov A. Paragraph 2e. (See Attached) 5 Page Six 1992 -93 (Cont'd) - Policy #MEL 1643 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (11 -90) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 1993 -94 - Policy #CMC13746 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - General Liability - $600,000. CSL Occ /Agg 250. Property Damage Deductible $600,000. Limited Pollution Liability *Form LMCIT CMC(3 -93) Cov A. Paragraph 2e. (See Attached) - Policy #MEL 1870 - The League of Minnesota Cities Insurance Trust c/o North Star Risk Services, Inc. 1401 West 76th St., Suite 550 Minneapolis, MN 55423 - Umbrella Liability - $1,000,000. 10,000. Retained Limit *Form MELC (3 -93) Paragraph 2. Exclusions (See Attached) *Form UME- 43(11 -88) Extended Reporting Period - Limited Pollution Exception (See Attached) 6 ENDORSEMENT N 1 lglii1CiPALiTY END SEXERT - • it is agreed that this policy (such reinsurance as #s aff by this C er t ificate }, does not apply to the foilawIng liabilities: 1. Bodily injury or property damage arising out of mob action, riot or civil comawtioa (ar n breech_ of the Peace by two or mare persons }f the foregoing; i , or out of any act or omission in conne with te prevention or suppre of any o 2. Any liability arising out of inverse c p rocee din gs or T ested gas; by the insured; 3. Any liability arising ant of or contributed to by any template or partial failure to supply (pral wate electricity or �. Bodily injury or property damage or loss of. damage to, or toss of use of property d i rec tly or Indi caused by sage. pollution or contas�T�tton, nor the cost of remov nu ilifyiug or cleaning up sneping, polluting or con tain #hating subs tances, nor any resulting f i aes, pena lties, Pun i t ll/at or exsoap 1 ary deinagss . it is also agreed theft, excep as s et forth Ta the Schedule of underlying insuranc thi poi icy shall not appl to any c for breach o duty �escie against the insured for a nsg ligent act, error or omission. All other terms and conditions remain unchanged INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of No C fl CHICAGO INSURANCE COMPANY Issued to City of Oak Park ights Effective 0-7- By IFC -CIC 3110 - >Il .t Y • • ABSOLUTE POLLUTION EXCLUSION ENDORSEMENT It is agreed that the exclusion relating to bodily injury or property damage caused by irritants. contaminants or pollutants is replaced by the following: to bodily injury or property damage arising out of the discharge. dispersal, release or escape of smoke. vapors, soot. fumes. acids. alkalis. toxic chemicals. liquids or gases, waste materials or other irritants. contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. AUTO . 6e-r5 li 85a 1 X10 I Yo :- -g5% 26078 (10 -84) r • � �� 1 - • . _ J a.. t- POLLUTION EXCLUSION This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others the handling, storage, disposal, processing or ment of waste material; (c) which are at any time transported, handled, stored, treated, disposed of or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) to test for, monitor, clean up, removal, contain, treat, detoxify or neutralize the pollutants, or (ii) if the pollutants are brought on or to the site or loc- ation by or for you. (2) Any loss, cost of expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, .,treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including asbestos, smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. Waste material includes materials which are intended to be or have been recycles, reconditioned or reclaimed. 00m s The_ I_2 0_3 u_e- b in5Lt rance, Trust' Po �ic MP gad OIL R Rec. hve- `1- - s(1g7 ME028 (10 -85) I Lea9 u e v� M �n,��Sd C; �i e S insLki-ao[ e, i— . POLLUTION EXCLUSION This policy does not apply to: (1) "Bodily Injury" or "Property Damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste material; (c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (1) to test for, monitor, clean up, removal, contain, treat, detoxify or neutralize the pollutants, or (ii) if the pollutants are brought on or to the site or location by or for you. (2) Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fume, acids, alkalis, chemicals and waste materials. Waste material includes materials which are intended. to be or have been recycled, reconditioned or reclaimed. All other terms and conditions remain unchanged. Attached to and forming part of No. U00 0273 Issued to the Ci Oak Park Heights Effective July 7, 1986 By UME - 2 (6 -85) COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict cover- the League of Minnesota Cities Insurance Trust or age. Read the entire coverage agreement carefully LMCIT. to determine rights, duties and what is and is not covered. The words "city" and "covered party" are defined under SECTION II - WHO IS COVERED. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declara- Other words and phrases that appear in italics have tions. The words "we ", "us ", and "our" refer to special meaning. Refer to SECTION IV - DEFINI- TIONS. SECTION 1 - COVERAGES COVERAGE A. GENERAL LIABILITY - 2. EXCLUSIONS BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) This coverage does not apply to: 1. COVERAGE AGREEMENT a. Bodily injury or property damage expected or intended from the standpoint`of the a. LMCIT will pay those sums that the "covered party ". This exclusion does not "covered party" becomes legally obligated apply to bodily injury resulting from the to pay as dainages because of bodily injury use of reasonable force to protect persons or property damage to which this coverage or property. applies. LMCIT has no other obligation or liability to pay sums or perform acts or b. Bodily injury or property damage for services uncovered unless explicitly pro- which the "covered party" is obligated vided for under SUPPLEMENTARY PAY- to pay damages by reason of the assump- MENTS - COVERAGE A, C, D, AND E. tion of liability in a contract or agreement. This coverage does not apply to bodily This exclusion does not apply to liability injury or property damage which occurred for damages: before the retroactive date, if any, shown in the declarations nor which occurs after (1) Assumed in a contract or agreement the coverage period. The bodily injury or that is a covered contract; or property damage must be caused by an occurrence. The occurrence must take (2) That the "covered party" would have place in the coverage territory. LMCIT will in the absence of the contract or have the right and duty to defend any agreement. suit seeking those damages. However: c. Bodily injury or property damage for (1) The amount LMCIT will pay for which the "covered party" may be held damages is limited as described in liable by reason of: SECTION III - LIMITS OF COVER- AGE; (1) Causing or contributing to the intoxica- tion of any person; (2) LMCIT may, at its discretion, investi- gate any occurrence and settle any (2) The furnishing of alcoholic beverages to claim or suit that may result; a person under the legal drinking age or under the influence of alcohol; or b. This coverage applies to bodily injury and property damage only if a claim for damages (3) Any statute, ordinance or regulation because of bodily injury or property relating to the sale, gift, distribution or damage is first made against the "covered use of alcoholic beverages. party" during the coverage period. • FORM NO. CMC (11 -86) - - 1 - Comd'any t. T1n t_eoct2_ MinnesOf ,0-ih qansut ran cc- T a- t t")1 - PoI cy # Ntc-i v.54 - Etc -1 Ve- - 7- 7 - S7 / This exclusion applies only if you are in the (a) If the pollutants are brought on or business of manufacturing, distributing, to the site or location in connection selling, serving or furnishing alcoholic with such operations; or beverages. (b) If the operations are to test for, d. Bodily injury to: monitor, clean up, remove, contain, treat, detoxify or neutralize the (1) An employee of the "city" arising out pollutants; or of and in the course of employment by the "city "; or Any loss, cost, or expense arising out of any governmental direction or request that (2) The spouse, child, parent, brother or you test for, monitor, clean up, remove, sister of that employee as a conse- contain, treat, detoxify or neutralize quence of (1) above. pollutants. This exclusion applies: Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, includ- (1) Whether the "city" may be liable as an ing smoke, vapor, soot, fumes,., acids, employer or in any other capacity; and alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or (2) To any obligation to share damages reclaimed. with or repay someone else who must pay damages because of the injury. f. Bodily injury or property damage arising out of the ownership, maintenance, use or This exclusion does not apply to liability entrustment to others of any aircraft, auto assumed by the "covered party" under a or watercraft owned or operated by or covered contract. rented or loaned to any "city ". Use in- cludes operation and loading or unloading. e. Bodily injury or property damage arising out of the actual, alleged or threatened This exclusion does not apply to: discharge, dispersal, release or escape of pollutants: (1) A watercraft while ashore on premises you own or rent; (1) At or from premises you own, rent or occupy; and premises you no longer (2) A watercraft that is: own, rent, lease or occupy; (a) Less than 26 feet long; and (2) At or from any site or location used by or for you or others for the handling, (b) Not being used to carry persons or storage, disposal, processing or treat- property for a charge; ment of waste; (3) Parking an auto on, or on the ways (3) Which are at any time transported, next to, premises you own or rent, handled, stored, treated, disposed of, or provided the auto is not owned by or processed as waste by or for you or any rented or loaned to the "covered person or organization for whom you party ". may be legally responsible; or g. Bodily injury or property damage arising (4) At or from any site or location on out of the use of mobile equipment in, or which you or any contractors or while in the practice or preparation for, a • subcontractors working directly or prearranged racing, pulling, pushing, speed indirectly on your behalf are perform- or demolition contest or in any stunting ing operations: activity. FORM NO. CMC (1 1 -86) - 2 - r This right or duty to defend is limited as set forth in paragraph 3, below. c. The amount we will pay for damages and "defense expense" is limited as described in SECTION III - LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. d. With respect to any coverage provided by "underly- ing coverage" that is on a claims -made basis, this coverage does not apply to injury or damage which occurred before the Retroactive Date, if any, shown in the Declarations of this covenant, or which occurs after the coverage period. e. This covenant is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying coverage ", except: (1) We will have no obligation under this cove- pant with respect to any claim or suit that is settled without our consent; and (2) With respect to any provisions to the contrary contained in this covenant. 2. EXCLUSIONS The exclusions applicable to the "underlying coverage" also apply to this covenant. Additionally, this covenant does not apply to: a. Any obligation to pay expenses under any medical payments coverage. b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, underinsured motorist, workers compensation, disability benefits or unemployment compensation law or any similar law. c. Any loss or claim for damage that is caused in by part or in total b nuclear reaction or radiation, or radioactive contamination, however caused. 3. DEFENSE OF CLAIMS OR SUITS a. When we have the duty to defend, we will pay for all "defense expense" once our duty to defend begins. We may make investigation of any claim or suit as we think appropriate. UEL -1 (11 -86) Page 2 of 12 The. Le tie off' M Lnr,e.so Cc fi eS - Spick- nce✓ MAS 9olicy 4 UEL Oa f eciivera '7 - 7 - 8,7)3$ _ C 7'15 t t ,wc.r+N yam LIMITED POLLUTION LIABILITY ENDORSEMENT In consideration of the additional premium listed below, it is agreed that Exclusion e. under Coverage A and Exclusion e. under Coverage E are amended by inclusion of subsection e. (5) as follows: (5) This exclusion does not apply with respect to "bodily injury" or "property damage ": (a) which occurred entirely above ground caused by the actual, alleged or threatened discharge, dispersal, release or escape of pollutants the result of a "sudden occurrence" which occurred on or after the retroactive date shown below and prior to the expiration date of this covenant; or (b) which was caused by the discharge or dispersal of mace, tear gas or similar agent which occurred on or after the retroactive date shown below and prior to the expiration of this covenant if such discharge or dispersal was for the purpose of protecting persons or property or incident to an arrest. "Sudden occurrence" means an accident which happens entirely above ground and the pollution resulting therefrom which begins and ends within seventy -two (72) hours following the accident and in the case of a related series of accidents, the "sudden occurrence" will be deemed to have taken place when the first accident in the related series of such accidents took place. With respect to damages recoverable under this endorsement, the liability of LMCIT under this covenant for loss and loss adjustment expenses to include legal defense costs, shall not exceed S600,000 per occurrence and $600,000 in the aggregate annually. With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- plemental extended reporting periods under Section VI - Condition, are waived and no extended reporting period is provided. Addition Premium $ Included Endorsement Effective Date 7 -7 -88 , Retroactive Date 5 -24 -88 All other terms and conditions remain unchange.. Authorized Signature Com( y i The Len-cj 'e of (Innesat c & - Iec thsun&.nce, TASt kN o C nC - 9 LJ a(4, -g E{ect-ivex 7 - g IS7 ME043 (5/88) COMPREHENSIVE MUNICIPAL COVERAGE ovisions i n this covenant restrict coverage. The words "city" and "covered party" are defined under hire coverage agreement carefully to deter- SECTION 11 - WHO IS COVERED. duties and what is and is not covered. Other words and phrases that appear in italics have "out this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- he "city" shown in the Declarations. The words TIONS. ', and "our" refer to the League of Minnesota <t ies Insurance Trust or LMC1T. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreement-that party" becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or property damage to which this coverage applies. LMCIT (2) That the "covered party would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the PAYMENTS - COVERAGE A, C, D, AND E. "covered party" may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will have the under the influence of alcohol; or right and duty to defend any suit seeking those damages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION I11 - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city" arising out of and in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in - above. tended from the standpoint of the "covered party". This exclusion does not apply to bodily in This exclusion applies: jury or property damage resulting from the use of force to protect persons or property. (1) Whether the "city" may be liable as an employer or in any other capacity, and LMCIT CMC (11 -86) (Rev. 11-87) - 1 - (2) To any obligation to share damages with (a) Less than 26 feet long; and , -. �"' t ; , or repay someone else who must pay damages because of thc injury. (b) Not being used to carry persons or " '=r' r property for a charge; °'. This exclusion does not apply to liability assumed + by the "covered party" under a covered contract. (3) Parking an auto on, or on the ways next to, premises you own or rent, provided thc e. Bodily injury or property damage arising out of the auto is not owned by or rented or loaned actual, alleged or threatened discharge, dispersal, to the "covered party ". release or escape of pollutants: g. Bodily injury or property damage arising out of the (1) At or from premises "you" own, rent, lease, use of mobile equipment in, or while in the prac- or occupy, and premises you no longer tice or preparation for, a prearranged racing, pul- own, rent, lease or occupy; ling. pushing, speed or demolition contest or in any stunting activity. (2) At or from any site or location used by or for "you" or others for the handling, h. Bodily injury or property damage due to war, storage, disposal, processing or treatment whether or not declared, or any act or condition of waste; incident to war. War includes civil war, insurrec- tion, rebellion or revolution. (3) Which are or were at any time transported, handled, stored, treated, disposed of, or i. Property damage to: processed as waste by or for "you" or any person or organization for whom "you" may (1) Property the "city" owns, rents, or occupies; be legally responsible; or (2) Premises the "city" sells, gives away or (4) At or from any site or location on which abandons, if the property damage arises out "you" or any contractors or subcontractors of any part of those premises; working directly or indirectly on "your" be- half are performing operations: (3) Property loaned to the "city"; (a) If the pollutants are brought on or to (4) Personal property in the care, custody and the site or location in connection with control of the "city"; such operations; or (5) That particular part of real property on (b) If the operations are to test for, which the "city" or any contractors or sub - monitor, clean up, remove, contain, contractors working directly or indirectly treat, detoxify or neutralize the pol- on "your" behalf are performing opera - lutants; or tions, if the property damage arises out of those operations; or Any loss, cost, or expense arising out of any governmental direction or request that you test (6) Work performed by or on behalf of the for, monitor, clean up, remove, contain, treat, "city" arising out of your work or any por- detoxify or neutralize pollutants. tion thereof, or out of materials, parts or equipment furnished in connection there- Pollutants means any solid, liquid, gaseous or with; thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and (7) Your product arising out of it or any part waste. Waste includes materials to be recycled, of it. reconditioned or reclaimed. Paragraph (3) , (4), (5) and (6) of this exclusion f. Bodily injure or property damage arising out of the do not apply to liability assumed under a sidetrack ownership, maintenance, use or entrustment to agreement. others of any aircraft, auto or watercraft owned or operated by or rented or loaned to any "covered This exclusion does not apply to damage by fire party". Use includes operation and loading or un- to premises rented to the "city". A separate limit loading. of coverage applies to this coverage as described in SECTION III - LIMITS OF COVERAGE. This exclusion does not apply to: j. Damages claimed for any loss, cost or expense in- (1) A watercraft while ashore on premises curred by the "city" or others for the loss of use, 'you" own or rent; withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: (2) A watercraft that is: LMCTT CMC (11-86) (Rev. 11-87) - 2 - FOLLOW FORM EXCEPTION - POLLUTION It is hereby understood and agreed that the Limited Pollution Liability Endorsement ME043(5 -88) provided the city under their Municipal General Liability Coverage does not apply to Municipal Excess Liability Coverage. • All other terms and conditions remain unchanged. Attached to and forming part of No. MEL 822 -9 Issued to the City of Oak Park Heights Effective 7/7/88 By (om � Tl Lea.. c.1e o Nt inn�°SO . ` r u T (�- y g ties -� � �� �st` • UME -41 • (7/88) ' MUNICIPAL EXCESS LIABILITY COVERAGE • Various provisions in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE COVERAGE AGREEMENT (1) "We" will have no obligation under this covenant with respect to any claim or suit a. "We" will pay those sums, in excess of the amount that is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this coverage" may apply. "We" automobile no- fault, uninsured motorist, under- will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un ability benefits or unemployment compensation derlying coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-87) - 1 - • e; ; ''t - vvenant Number: Municipal General Liability Declarations Coverage is Provided by: CMC 10235 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities -E` Item 1. CITY: pi Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: Year(s) • From: / 7 ZS — / To: — 7 - - 7 -G / CU 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: • IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT 5600.000 FIRE DAMAGE LIMIT S 50.000 MEDICAL EXPENSE LIMIT S 1,000 /510,000 occurrence aggregate LIMITED POLLUTION LIABILITY • 5600,000 per 'sudden occurrence" /5600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: $ PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL-1(11/86) GL0300, EBPL, ME014 /44 Exec e Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by: North Star Risk Services, Inc. cs Er / COMPREHENSIVE MUNICIPAL COVERAGE "/ Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter SECTION 1I - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreement that party" becomes legally obligated to pay as is a covered contract; or damages because of bodily injury or property damage to which this coverage applies. LMCIT (2) That the "covered party" would have in the has no other obligation or liability to pay sums absence of the contract or agreement. or perform acts or services uncovered unless ex- plicitly provided for under SUPPLEMENTARY c. Bodily injury or property damage for which the PAYMENTS - COVERAGE A, C, D, AND E. "covered party" may be held liable by reason of: This coverage does not apply to bodily injury or property damage which occurred before the (1) Causing or contributing to the intoxication retroactive date, if any, shown in the Declarations of any person; or which occurs after the coverage period. The bodily injury or property damage must be caused (2) The furnishing of alcoholic beverages to a by an occurrence. The occurrence must take place person under the legal drinking age or in the coverage territory. LMCIT will have the under the influence of alcohol; or right and duty to defend any suit seeking those damages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur - (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city" arising out of and in the course of employment by the "city"; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in - above. tended from the standpoint of the "covered party'. This exclusion does not apply to bodily in This exclusion applies: jury or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the "city" may be liable as an to an arrest. employer or in any other capacity; and LMCIT CMC (11 -86) (Rev. 11-88) - 1 - (2) To any obligation to share damages with alleged, or threatened discharge, dispersal, or repay someone else who must pay release, or escape of pollutants resulting damages because of the injury. from a sudden occurrence which took place on or after the retroactive date shown in This exclusion does not apply to liability assumed the Declarations and prior to the expiration by the "covered party" under a covered contract. date of this covenant; or e. Any loss, cost, or expense arising out of any (2) which was caused by the discharge or dis- governmental direction or request that "you" test persal of mace, tear gas or similar agent for, monitor, clean up, remove, contain, treat, which took place on or after the Limited detoxify or neutralize pollutants; or Pollution Liability retroactive date shown in the Declarations and prior to the expira- Bodily injury or property damage arising out of the tion of this covenant if such discharge or actual, alleged or threatened discharge, dispersal, dispersal was for the purpose of protecting release or escape of pollutants: persons or property or incident to an ar- rest. (1) At or from premises "you" own, rent, lease, or occupy, and premises "you" no longer With respect to coverage provided under Limited own, rent, lease or occupy; Pollution Liability, the basic extended reporting period and the supplemental extended reporting (2) At or from any site or location used by or periods under Section VI - Conditions are not for "you" or others for the handling, available. storage, disposal, processing or treatment of waste; f. Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to (3) Which are or were at any time transported, others of any aircraft, auto or watercraft owned handled, stored, treated, disposed of, or or operated by or rented or loaned to any "covered processed as waste by or for "you" or any party ". Use includes operation and loading or un- person or organization for whom "you" may loading. be legally responsible; or This exclusion does not apply to: (4) At or from any site or location on which "you" or any contractors or subcontractors (1) A watercraft while ashore on premises working directly or indirectly on "your" be- "you" own or rent; half are performing operations: (2) A watercraft that is: (a) If the pollutants are brought on or to the site or location in connection with (a) Less than 26 feet long; and such operations; or (b) Not being used to carry persons or (b) If the operations are to test for, property for a charge; monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- (3) Parking an auto on, or on the ways next to, lutants; or premises "you" own or rent, provided the auto is not owned by or rented or loaned Pollutants means any solid, liquid, gaseous or to the "covered party ". thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and g. Bodily injury or property damage due to war, waste. Waste includes materials to be recycled, whether or not declared, or any act or condition reconditioned or reclaimed. incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Limited Pollution Liability h. Property damage to: Exclusion e does not apply with respect to bodily • injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and (2) Premises the "city" sells, gives away or not within or on the surface of any lake, abandons, if the property damage arises out stream, surface water, or other body of of any part of those premises; water; and which was caused by the actual, (3) Property loaned to the "city"; LMCIT CMC (11 -86) (Rcv. 11 -88) - 2 - ■ 72689raw :7- .-, Covenant Number: Municipal Excess Liability Declarations _ — MEL- 1011 Coverage is Provided by: _ ___ THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST League of Minnesota Cities (Herein called LMCIT)Claims -Made MEL- 822 -9 Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th St. P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: One Year(s) - From: July 7, 1989 To: July 7 , 1990 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: XX Cit Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit $ 1,000,000 Aggregate Limit $ 1,000,UUU Minimum Retention $ 10,000 Item 6. PREMIUM: $ 7,724. Item 7. AUDIT PERIOD: Annual XX None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by LMCIT Covenant Number: CMC 10235 Coverage Period: From: 7/7/89 To: 7/7/90 _ Including those coverages x'd below: — Automobik X General X Errors or W W Liability Liability Omissions ,,,� = Limits: $ 600,000 CSL 5600,000 CSL 5600,000 CSL S �� O =."" Z O 'Claims Made' 'Claims Made' LAJ C — C—.) Occurrence Retroactive Retroactive Y ^ O - Coverage Date: Date: 7/7/87 7/7/87 • W . --------'c' Employers Liability Insurance: Carrier: LMCIT Coverage B Limits: z Policy Number: $200,000/600,000 /600,000 - Policy Term: 7/7/89 To: / / / /9U Other: Carrier: Policy Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC (11 -87) , U E -4 11 ) , UME -23 (11/86) , UME -43 ( 11/86 ) , UME —44 (11 / tali ) Executive ector, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11 -88) Administered by North Star Risk Services, Inc. t N h MUNICIPAL EXCESS LIABILITY COVERAGE " o os in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota Varau v"- co agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. , Reed the entir coverage (t, to e rights, duties and what is not c overed. The words this coverage" mean the liability coverage ' '� provided under this covenant. - .b out this covenant the words "you" and "your" r ` s hown in the Declarations. The words Other words and phrases that a rya to the 'city" P appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE COVERAGE AGREEMENT (1) "We" will have no obligation under this covenant with respect to any claim or suit a. "We" will pay those sums, in excess of the amount that is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any damage to which "this coverage" may apply. "We" automobile no- fault, uninsured motorist, under - will have a duty to defend such claims or suits insured motorist, Workers Compensation, dis- when the applicable limit of coverage of the un ability benefits or unemployment compensation derlying coverage has been used up by payment law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-87) - 1 - / _ EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1011 Issued to the City of Oak Park Heights Effective 7/7/89 By • UME -43 (11/88) ig Covenant Number. Municipal General Liability Declarations ' Coverage is Provided by: - CMC - 11055 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities Itcm 1. CITY: Oak Park Heights Clainis-iIVIade Item 2. COVERAGE PERIOD: Year(s) From: 7-7-- To: - 7 - 7— `:/ / 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 • PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT 5600.000 FIRE DAMAGE LIMIT S 50,000 MEDICAL EXPENSE LIMIT S 1,000 /S10,000 occurrence aggregate LIMITED POLLUTION LIABILITY • 5600,000 per 'sudden occurrence/5600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. GENERAL LIABILITY DEDUCI'11 LE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86) tive !rector, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by North Star Risk Services, Inc. •W COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter- SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - b. Bodily injury or property damage for which the BODILY INJURY AND PROPERTY DAMAGE "covered party" is obligated to pay damages by (CLAIMS MADE BASIS) reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1. COVERAGE AGREEMENT liability for damages: a. LMCIT will pay those sums that the "covered (1) Assumed in a contract or agreement that party" becomes legally obligated to pay as dam is a covered contract; or ages because of bodily injury or property damage to which this coverage applies. LMCIT has no (2) That the "covered party" would have in the other obligation or liability to pay sums or per- absence of the contract or agreement. form acts or services uncovered unless explicitly provided for under SUPPLEMENTARY PAY- c. Bodily injury or property damage for which the MENTS - COVERAGE A, C, D, AND E. This "covered party" may be held liable by reason of: coverage does not apply to bodily injury or prop- erty damage which occurred before the retroac- (1) Causing or contributing to the intoxication tive date, if any, shown in the Declarations or of any person; which occurs after the coverage period. The bod- ily injury or property damage must be caused by (2) The furnishing of. alcoholic beverages to a an occurrence. The occurrence must take place in person under the legal drinking age or un- the coverage territory. LMCIT will have the right der the influence of alcohol; or and duty to defend any suit seeking those dam- ages. However: (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of (1) The amount LMCIT will pay for damages alcoholic beverages. is limited as described in SECTION III - LIMITS OF COVERAGE; This exclusion applies only if "you" are in the business of manufacturing, distributing, selling, serving, or fur- (2) LMCIT may, at its discretion, investigate nishing alcoholic beverages or if "you" serve or furnish any occurrence and settle any claim or suit alcoholic beverages without a charge if a license is re- that may result. quired for such activities. For the purpose of this provision, license does not mean a consumption and b. This coverage applies to bodily injury and property display permit. damage only if a claim for damages because of bodily injury or property damage is first made d. Bodily injury to: against the "covered party" during the coverage period. (1) An employee of the "city" arising out of and in the course of employment by the "city "; 2. EXCLUSIONS or This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) d or in- above. Bodily injury or r oe damage e o • a. o xP ecte �' 1ry property g tended from the standpoint of the "covered party". This exclusion does not apply to bodily in This exclusion applies: jury or property damage resulting from the use of force to protect persons or property, or incident (1) Whether the "city' may be liable as an em- to an arrest. ployer or in any other capacity; and page 1 of 13 LMCIT CMC (11 -86) (Rev. 11-89) (2) To any obligation to share damages with the Declarations and prior to the expiration or repay someone else who must pay dam date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- This exclusion does not apply to liability assumed persal of mace, tear gas or similar agent by the "covered party" under a covered contract. which took place on or after the Limited Pollution Liability retroactive date shown e. Any loss, cost, or expense arising out of any in the Declarations and prior to the expir- governmental direction or request that "you" test ation of this covenant if such discharge or for, monitor, clean up, remove, contain, treat, dispersal was for the purpose of protecting detoxify or neutralize pollutants; or persons or property or incident to an ar- rest. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, (3) which begins and ends within a 72 hour release or escape of pollutants: period following the accidental rupture, backup, or overflow of the "city's" sanitary (1) At or from premises "you" own, rent, lease, sewer, storm sewer, or water supply sys- or occupy, and premises "you" no longer tems. In case of a related series of acciden- own, rent, lease or occupy; tal events the accidental rupture, backup or overflow of the "city's" sanitary sewer, (2) At or from any site or location used by or storm sewer, or water supply system, will for "you" or others for the handling, be deemed be have taken place when the storage, disposal, processing or treatment first accidental event in the series of ac- of waste; cidental events took place. (3) Which are or were at any time transported, f. Bodily injury or property damage arising out of the handled, stored, treated, disposed of, or ownership, maintenance, use or entrustment to processed as waste by or for "you" or any others of any aircraft, auto or watercraft owned person or organization for whom "you" may or operated by or rented or loaned to any "covered be legally responsible; or party". Use includes operation and loading or un- loading. (4) At or from any site or location on which "you" or any contractors or subcontractors This exclusion does not apply to: working directly or indirectly on "your" be- half are performing operations: (1) A watercraft while ashore on premises "you" own or rent; (a) If the pollutants are brought on or to the site or location in connection with (2) A watercraft that is: such operations; or (a) Less than 26 feet long; and (b) If the operations are to test for, mon- itor, clean up, remove, contain, treat, (b) Not being used to carry persons or detoxify or neutralize the pollutants; property for a charge; or (3) Parking an auto on, or on the ways next to, M ' Pollutants means any solid, liquid, gaseous or premises you own or rent, provided the thermal irritant or contaminant, including smoke, auto is not owned by or rented or loaned vapor, soot, fumes, acids, alkalis, chemicals and to the "covered party'. waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. Bodily injury or property damage due to war, whether or not declared, or any act or condition Limited Pollution Liability incident to war. War includes civil war, insurrec- tion, rebellion or revolution. Exclusion e does not apply with respect to bodily injury or property damage: h. Property damage to: (1) which took place entirely above ground and (1) Property the "city" owns, rents, or occupies; not within or on the surface of any lake, stream, surface water, or other body of (2) Premises the "city" sells, gives away or water; and which was caused by the actual, abandons, if the property damage arises out alleged, or threatened discharge, dispersal, of any part of those premises; release, or escape of pollutants resulting from a sudden occurrence which took place (3) Property loaned to the "city'; on or after the retroactive date shown in LMCIT CMC (11 -86) (Rev. 11-89) page 2 of 13 Covenant Number. Municipal Excess Liability Declarations MEL- 1 f19 Coverage is Provided by: _ _ _ - - THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities 4 Previous Covenant Number. INSURANCE TRUST (Herein called LMCIT) c� �/� s� MEL- Kill Claims -Made Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: one Year(s) From: July 7, 1990 To: July 7, 1991 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR 01.1 -> NSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: xx City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: ' Each Occurrence Limit $ 1,000,000 Aggregate Limit $ 1,000,000 Minimum Retention $ 10,000 (If Applicable) Item 6. PREMIUM: $ 7,264. Item 7. AUDIT PERIOD: Annual xx None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by LMCIT Covenant Number: CMC 11055 Coverage Period: From: 7/7/90 To: 7/7/91 n•, ding those coverages x'd below: X Automobile X General X Errors or _ .....--+ Liability Liability Omissions ► - ` ,4 L , its: 5600,000 at, 5600,000 CSL 5600,000 CSL 3 W S W CD W 'Claims Made' Claims Madc' —J.—. Cn 'Q 0) SC" Occurrence Retroactive Retroactive c/3 Coves Date: Date: CD 4 o N ? 7/7/87 7/7/87 3 , mployers Liability Insurance: ' W Carrier: LMCI Coverage B Limits: Q � � o J o Policy Number: • $200,000/$600,000 /$600,000 e.) j Policy Term: To: CD o Z . Other: Carrier: Policy Number: Q Policy T erm: 7/7/90 To: 7/7/91 Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC (11 - 89) , UME -4 1 /86) , UME - 23(11/86) . UME - 43(11/88) , UME - 44(11/88) , UME- 45(11/89) Executive 1Dictor, L CIT LMCIT DEC -017 (11 -86) (Rev. 11 -89) Administered by: North Star Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we ", "us" and "our" refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which "this coverage" may apply. "We" mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, when the applicable limit of coverage of the un disability benefits or unemployment compensa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11-89) page 1 of 6 • EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1209 Issued to the City of Oak Park Heights Effective 7/7/90 By • UME -43 (11/88) Covenant Number. Municipal General Liability Declarations 11938 Coverage is Provided by: CMC - THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities INSURANCE TRUST (Herein called LMCIT) Cams$Vade Item 1. CTTY(S): Oak Park Heights Item 2. COVERAGE PERIOD: Year(s) From: - - q i To: - 7 -6 1a, 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: City Joint Powers Entity Other (Descibe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT $600.000 FIRE DAMAGE LIMIT $ 50.000 MEDICAL EXPENSE LIMIT $ 1,000 /S10,000 occurrence aggregate L1MII'ED POLLUTION LIABELI Y • $600.000 per 'sudden occurrence•/5600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: S PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): S250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY O1-1-1=NSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL-1(11/86) Executive Director, LMCIT LMCIT DEC -013 (11 -86) (Rev. 11 -88) Administered by: North Star Risk Services, Inc. COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFIN1- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insurance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) b. Bodily injury or property damage for which the "covered party" is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not apply to a. LMCIT will pay those sums that the "covered liability for damages: party" becomes legally obligated to pay as dam- ages because of bodily injury or property damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract; or other obligation or liability to pay sums or per - form acts or services uncovered unless explicitly (2) That the "covered party" would have in the provided for under SUPPLEMENTARY PAY- absence of the contract or agreement. MENTS - COVERAGE A, C, D, AND E. This coverage does not apply to bodily injury or prop c. Bodily injury or property damage for which the erty damage which occurred before the retroac- "covered party" may be held liable by reason of: tive date, if any, shown in the Declarations or which occurs after the coverage period. The bod (1) Causing or contributing to the intoxication ily injury or property damage must be caused by of any person; an occurrence. The occurrence must take place in the coverage territory. LMCIT will have the right (2) The furnishing of alcoholic beverages to a and duty to defend any suit seeking those dam person under the legal drinking age or un- ages. However: der the influence of alcohol; or (1) The amount LMCIT will pay for damages (3) Any statute, ordinance or regulation relat- is limited as described in SECTION III - ing to the sale, gift, distribution or use of LIMITS OF COVERAGE; alcoholic beverages. (2) LMCIT may at its discretion investigate This exclusion applies only if "you" are in the business any occurrence; and, unless the first "city" of manufacturing, distributing, selling, serving, or fur - shown in the Declarations has given notice nishing alcoholic beverages or if "you" serve or furnish as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any claim or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption and display permit. b. This coverage applies to bodily injury and property damage only if a claim for damages because of d. Bodily injury to: bodily injury or roe danta a is first made Y 1 rJ ' property rtY g , against the "covered party" during the coverage (1) An employee of the "city' arising out of and period. in the course of employment by the "city "; or 2. EXCLUSIONS This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property damage expected or in - above. tended from the standpoint of the "covered party". This exclusion does not apply to bodily in This exclusion applies: jury or property damage resulting from the use of (1) Whether the "city" may be liable as an em- lo er or in any other capacity; and force to protect persons or property, or incident p y y P P LMCIT CMC (11 -86) (Rev. 11 -90) page 1 of 14 (2) To any obligation to share damages with ' - the Declarations and prior to the expiration or repay someone else who must pay dam - date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited by the "covered party" under a covered contract. Pollution Liability retroactive date shown in the Declarations and prior to the expir- e. Any loss, cost, or expense arising out of any ation of this covenant if such discharge or governmental direction or request that "you" test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or property damage arising out of the (3) which begins and ends within a 72 hour actual, alleged or threatened discharge, dispersal, period following the accidental rupture, release or escape of pollutants: backup, or overflow of the "city's" sanitary sewer, storm sewer, or water supply sys- (1) At or from premises "you" own, rent, lease, tems. In case of a related series of acciden- or occupy, and premises you no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, storm sewer, or water supply system, will (2) At or from any site or location used by or be deemed be have taken place when the for "you" or others for the handling, first accidental event in the series of ac- storage, disposal, processing or treatment cidental events took place. of waste; f. Bodily injury or property damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled, stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated by or rented or loaned to any "covered person or organization for whom "you" may party". Use includes operation and loading or un- be legally responsible; or loading. (4) At or from any site or location on which This exclusion does not apply to: "you" or any contractors or subcontractors working directly or indirectly on "your" be- (1) A watercraft while ashore on premises half are performing operations: "you" own or rent; (a) If the pollutants are brought on or to (2) A watercraft that is: the site or location in connection with such operations; or (a) Less than 26 feet long; and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises "you" own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or rented or loaned thermal irritant or contaminant, including smoke, to the "covered party". vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. Bodily injury or property damage due to war, reconditioned or reclaimed. whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability tion, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and not within or on the surface of any lake, (2) Premises the "city" sells, gives away or stream, surface water, or other body of abandons, if the property damage arises out water; and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property loaned to the "city; from a sudden occurrence which took place on or after the retroactive date shown in LMCIT CMC (11 -86) (Rev. 11 -90) page 2 of 14 v+ • Covenant Number Municipal Excess • - Liability Declarations MEL- 1427 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES l Previous Covenant Number. INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities MEL- 1Y09 ,, Item 1. CITY and MAILING ADDRESS: City of Oak Park Heights 14168 57th Street, P.O. Box 2007 Item 2. COVERAGE PERIOD: one Stillwater, r s MN 55082 From: To: 12:01 A.M. Standard Time at July 7, 1991 July 7, 1992 mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OFFENSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 4. THE COVERED PARTY IS: x x City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit $ 1, 000 , 000 Aggregate Limit $ 1,000,000 Minimum Retention $ in nnn (If Applicable) Item 6. PREMIUM: $ 7,397. Item 7. AUDIT PERIOD: Annual xxNone Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by: LMCIT Covenant Number: CMC 11938 Coverage Period: From: 7/7/91 To: 7/7/92 Including those coverages x'd below: X Automobile X General X Errors or Liability Liability Omissions Limits: S600,000 CSL 5600,000 CSL S600,000 CSL S 'Claims Made' 'Claims Made Occurrence Retroactive Retroactive Coverage Date: Date: 7/7/87 7/7/87 Employers Liability Insurance: Carrier: LMCIT Coverage B Limits: Policy Number: $200,000/600,000 /600,000 Policy Term: 7/7/91 To: 7/7/92 Other: Carrier: Policy Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT . AT ISSUE: MELC (11 -901 UME- l - ,(86),. UME- 23(11 -86), UME - 43(11/88), UME- 44(11/88) Executive Director, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11 -90) Administered by: North Star Risk Services, Inc. MIJNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we ", "us" and "our' refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which "this coverage" may apply. "We" mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits cured motorist, Workers Compensation, when the applicable limit of coverage of the un- disability benefits or unemployment compensa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con - used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle- the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11 -90) page 1 of 6 • EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION • With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1427 Issued to the City of Oak Park Heights Effective 7/7/91 By UME -43 (11/88) 7 Covenant Number. Municipal General Liability Declarations Coverage is Provided by: . CMC - 12802 THE LEAGUE OF MINNESOTA CITIES n Id 1 INSURANCE TRUST (Herein called LMCIT) -- League of Minnesota Cities Item 1. CITY: City of Oak Park Heights Claims -Made Item 2. COVERAGE PERIOD: One Year(s) From: July 7, 1992 To: July 7, 1993 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT $600,000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT 5600,000 FIRE DAMAGE LIMIT $ 50,000 MEDICAL EXPENSE LIMIT $ 1,000 /S10,000 occurrence aggregate LIMITED POLLUTION LIABILITY • $600,000 per 'sudden occurrence/S600,000 annual aggregate • Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. GENERAL LIABILITY DEDUCIIt3LE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Declarations) BODILY INJURY AND PROPERTY DAMAGE: $ PER OCCURRENCE OR PROPERTY DAMAGE (ONLY): $250 Per Claim or Per Endorsement OR OTHER: Item 6. RETROACTIVE DATE: 7/7/87 LIMITED POLLUTION LIABILITY RETROACTIVE DATE: 5/24/88 COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC- CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(11/86 ) e..' I) ecutive Director, LMCIT LMCIT DEC -013 (11 - 86) (Rev. 11 -91) Administered by. Berkley Risk Services, Inc. COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are defined under Read the entire coverage agreement carefully to deter SECTION II - WHO IS COVERED. mine rights, duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this covenant the words "you" and "your" special meaning. Refer to SECTION IV - DEFINI- refer to the "city" shown in the Declarations. The words TIONS. "we ", "us ", and "our" refer to the League of Minnesota Cities Insrance Trust or LMCIT. SECTION I - COVERAGES COVERAGE A. GENERAL LIABILITY - to an arrest. BODILY INJURY AND PROPERTY DAMAGE (CLAIMS MADE BASIS) b. Bodily injury or property damage for which the "covered part)r' is obligated to pay damages by 1. COVERAGE AGREEMENT reason of the assumption of liability in a contract or agreement. This exclusion does not apply to a. LMCIT will pay those sums that the "covered liability for darnages: part" becomes legally obligated to pay as dam - ages because of bodily injury or property damage (1) Assumed in a contract or agreement that to which this coverage applies. LMCIT has no is a covered contract; or other obligation or liability to pay sums or per- That the "covered party" would have in the form acts or services uncovered unless explicitly (2 ) provided for under SUPPLEMENTARY PAY- absence of the contract or agreement. MENTS - COVERAGE A, C, D, AND E. This coverage does not apply to bodily injury or prop c. Bodily injury or property damage for which the eny damage which occurred before the retroac- "covered party" may be held liable by reason of: tive date, if any, shown in the Declarations or Causing or contributing to the intoxication which occurs after the coverage period. The bod ( ) g ily injury or properly damage must be caused by of any person; an occurrence. The occurrence must take place in the coverage territory. LMCIT will have the right (2 ) The e furnishing u under to a o o legal alcoholic beverages s un- and duty to defend any suit seeking those dam P a g al dric be eve age ages ages. However der the influence of alcohol; or (1) The amount LMCIT will pay for damages (3) Any statute, ordinance or regulation relat- is limited as described in SECTION III - ing to the sale, gift, distribution or use of LIMITS OF COVERAGE; alcoholic beverages. (2) LMCIT may at its discretion investigate This exclusion applies only if "you" are in the business any occurrence; and, unless the first "city" of manufacturing, distributing, selling, serving, or fur - shown in the Declarations has given notice nishing alcoholic beverages or if "you" serve or furnish as provided in Section VI, 7, below, alcoholic beverages without a charge if a license is re- LMCIT may settle any claim or suit that quired for such activities. For the purpose of this may result. provision, license does not mean a consumption and display permit. b. This coverage applies to bodily injury and property damage only if a claim for damages because of d. Bodily injury to: bodily injury or property damage is first made of the "city" arising out of and period. the "covered party" during the coverage (1 ) in the An employee ourse of employment by the "city "; period. or 2. EXCLUSIONS This coverage does not apply to: (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) a. Bodily injury or property danzage expected or in - above. tended from the standpoint of the "covered party". This exclusion does not apply to bodily in- This exclusion applies: jury or property damage resulting from the use of (1) Whether the "city" may be liable as an em- force to protect persons or property, or incident ployer or in any other capacity; and LMCIT CMC (11-86) (Rev. 11 -91) page 1 of 14 (2) To any obligation to share damages with the Declarations and prior to the expiration or repay someone else who must pay dam date of this covenant; or ages because of the injury. (2) which was caused by the discharge or dis- persal of mace, tear gas or similar agent This exclusion does not apply to liability assumed which took place on or after the Limited by the "covered party under a covered contract. Pollution Liability retroactive date shown in the Declarations and prior to the expir- e. Any loss, cost, or expense arising out of any ation of this covenant if such discharge or governmental direction or request that "you" test dispersal was for the purpose of protecting for, monitor, clean up, remove, contain, treat, persons or property or incident to an ar- detoxify or neutralize pollutants; or rest; or Bodily injury or property damage arising out of the (3) which begins and ends within a 72 hour actual, alleged or threatened discharge, dispersal, period following the accidental rupture, release or escape of pollutants: backup, or overflow of the "city's" sanitary sewer, storm sewer, or water supply sys- (1) At or from premises "you" own, rent, lease, tems. In case of a related series of acciden- or occupy, and premises "you" no longer tal events the accidental rupture, backup own, rent, lease or occupy; or overflow of the "city's" sanitary sewer, storm sewer, or water supply system, will (2) At or from any site or location used by or be deemed be have taken place when the for you or others for the handling, first accidental event in the series of ac- storage, disposal, processing or treatment cidental events took place. of waste; f. Bodily injury or properly damage arising out of the (3) Which are or were at any time transported, ownership, maintenance, use or entrustment to handled. stored, treated, disposed of, or others of any aircraft, auto or watercraft owned processed as waste by or for "you" or any or operated by or rented or loaned to any "covered person or organization for whom "you" may party". Use includes operation and loading or un- be legally responsible; or loading. (4) At or from any site or location on which This exclusion does not apply to: "you" or any contractors or subcontractors working directly or indirectly on "your" be- (1) A watercraft while ashore on premises half are performing operations: "you" own or rent; (a) If the pollutants are brought on or to (2) A watercraft that is: the site or location in connection with such operations; or (a) Less than 26 feet long, and (b) If the operations are to test for, mon- (b) Not being used to carry persons or itor, clean up, remove, contain, treat, property for a charge; detoxify or neutralize the pollutants; or (3) Parking an auto on, or on the ways next to, premises "you" own or rent, provided the Pollutants means any solid, liquid, gaseous or auto is not owned by or Tented or loaned thermal irritant or contaminant, including smoke, to the "covered party". vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, g. Bodily injury or property damage due to war, reconditioned or reclaimed. whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- Limited Pollution Liability tion, rebellion or revolution. Exclusion e does not apply with respect to bodily h. Property damage to: injury or property damage: (1) Property the "city" owns, rents, or occupies; (1) which took place entirely above ground and not within or on the surface of any lake, (2) Premises the "city" sells, gives away or stream, surface water, or other body of abandons, if the property damage arises out water; and which was caused by the actual, of any part of those premises; alleged, or threatened discharge, dispersal, release, or escape of pollutants resulting (3) Property loaned to the "city"; from a sudden occurrence which took place on or after the retroactive date shown in page 2 of 14 LMCIT CMC (11 -86) (Rev. 11 -91) I- ----'- 072392mpm - Covenant Number. Municipal Excess Liability Declarations _ MEL 1643 Coverage is Provided by: _ THE LEAGUE OF MINNESOTA CITIES -L - Previous Covenant Number. INSURANCE TRUST L_ 1427 (Herein called LMCIT) League of Minnesota Cities Item 1. CITY and MAILING ADDRESS: City of Oak Park Hei ghlC lai1115 -Mad e 14168 57th Street, P.O. Box 2007 Stillwater, MN 55082 Item 2. COVERAGE PERIOD: One Year(s) From: July 7, 1992 To: July 7, 1993 12:01 A.M. Standard Time at mailing address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: 7/7/87 THIS COVERAGE DOES NOT APPLY TO ANY BODILY INJURY, PROPERTY DAMAGE, ERROR, OMISSION OR OI.rr:NSE WHICH OCCURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. "' Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit $ 1,000,000 Aggregate Limit $ 1,000,000 Minimum Retention $ 10.000 (If Applicable) Item 6. PREMIUM: $ 10,082 Item 7. AUDIT PERIOD: Annual X None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: 1 __ Primary Coverage Provided by LMCIT Covenant Number. CMC 12802 I Coverage Period: From: 7/7/92 To: 7/7/93 I Incli those coverages x'd below: —g I X Automobile X General Errors or ,� e i (_; Liability Liability Omissions 1 r x -bim : 5600,000 CSL 5600,000 CSL 5600,000 CSL 5 ■ I p -_' ! 'Claims Made' •Claims Made' 4 i.:_ s -_ : - CO "� i Occurrence Retroactive Retroactive • e _ � '� I Coverage Date: Date: 7/7/87 7/7/87 f :, ' - _ Employers Liability Insurance: Carrier: LMCIT • Coverage B Limits: Policy Number. $200,000/600,000 /600,000 1. Policy To: 7/7/93 Term: 7 92 7 7 // // Carrier: Policy Other. Ca cY Number: Policy Term: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT ATISSUE: MELC 11 -9q UM (11/8- E- 23(11/86), UME 43(11/88), UME 46(2/92), UME -45 (11 / 8y 4 _ e • u e Du- or, LMCIT LMCIT DEC -017 (11 -86) (Rev. 11 -91) Administered by Berkley Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. "we ", "us" and our refer to the League of Minnesota Read the entire coverage agreement and any underlying Cities Insurance Trust hereinafter referred to as LMCIT. coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The words Other words and phrases that appear in italics have special meaning. Refer to SECTION III - DEFINI- TIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT (1) "We" will have no obligation under this cov- enant with respect to any claim or suit that a. "We" will pay those sums, in excess of the amount is settled without "our" consent; and payable under the terms of any underlying coverage, that the covered party becomes legally (2) With respect to any provisions to the con - obligated to pay as damages because of injury or trary contained in this covenant. damage to which this covenant applies, provided that the underlying coverage also applies, or would 2. EXCLUSIONS apply but for the exhaustion of its applicable limits of coverage. If, however, a Minimum The exclusions applicable to the underlying coverage Retention applies, as set forth in paragraph 4 also apply to this covenant. Additionally, this covenant below, "we" will pay only those sums in excess of does not apply to: the Minimum Retention. a. Any obligation to pay expenses under any medical b. "We" will have the right to participate in the payments coverage. defense of claims or suits against the covered party seeking damages because of injury or b. Any obligation imposed by law under any auto - damage to which "this coverage" may apply. "We" mobile no- fault, uninsured motorist, underin- will have a duty to defend such claims or suits sured motorist, Workers Compensation, when the applicable limit of coverage of the un- disability benefits or unemployment compensa- derlying coverage has been used up by payment tion law or any similar law. of judgments, settlements and any cost or ex- pense subject to such limit. c. Any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, This right or duty to defend is limited as set forth or radioactive contamination, however caused. in paragraph 3, below. 3. DEFENSE OF CLAIMS OR SUITS c. The amount "we" will pay for damages and defense expense is limited as described in SECTION II - a. When "we" have the duty to defend, "we" will pay LIMITS OF COVERAGE. Damages include for all defense expense once "our" duty to defend prejudgment interest awarded against the insured. begins. "We" may make investigation of any claim or suit as "we" think appropriate. d. With respect to any coverage provided by under- lying coverage on a claims made basis, "this If "we" exercise "our" right to defend when there coverage" does not apply to any injury or damage, is no duty, "we" will pay only that defense expense or personal injury offense, or negligent act, error, "we" incur. omission, or violation (or the first in a series of related acts, errors, omissions, or violations) If "we" provide a defense, "we" may investigate any which occurred or were committed before the claim or suit at "our" discretion. "We" may settle retroactive date, if any, shown in the Declarations such claim or suit within the amount of coverage of this covenant or which occurs or is committed available at the time of the settlement. after the coverage period. b. "Our" right or duty to defend ends when "we" have e. This covenant is subject to the same terms, con- used up the amount of coverage available in the ditions, agreements, exclusions and definitions as payment of any combination of judgments, settle - the underlying coverage, except: LMCIT MELC (11 -86) (Rev. 11 -90) page 1 of 6 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1643 Issued to the City of Oak Park Heights Effective July 7, 1992 By UME -43 (11/88) • ' „ovenant Number. MUNICIPAL LIABILITY DECLARATIONS Coverage is Provided by: CMC- 13746 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities Item 1. CITY: Oak Park Heights Item 2. COVERAGE PERIOD: one Years) C Lil f' 11-'i D From: July 7, 1993 To: July 7, 1994 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3. 111E COVERED PARTY IS: x City Joint Powers Entity Other (Describe) Item 4. COVERAGE: 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 1'EIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT 5600.000 PRODUCTS COMPLETED OPERATIONS ANNUAL AGGREGATE LTh flT 5600.000 FIRE DAMAGE LIMIT S 50.000 MEDICAL EXPENSE LIMIT S 1.000 /510,000 occurrence aggregate LIMITED POLLUTION LIABILITY *5600.000 per "sudden occurrence " / 5600,000 annual aggregate LEAD OR ASBESTOS CLAIM LIMIT *5200.000 per claim/S200,000 annual aggregate LAND USE REGULATION CLAIM *5600.000 each occurrence limit/S600,000 annual aggregate *Limit includes loss, loss adjustment expense, and legal defense costs. Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations) $ 500. Per Occurrence Item 6. RETROACTIVE DATES: MUNICIPAL LIABILITY RETROACTIVE DATE: 7-7 -87 LIMITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: 5 -24 -88 LEAD OR ASBESTOS CLAIM RETROACTIVE DATE: 7 -7 -93 LAND USE REGULATION CLAIM RETROACTIVE DATE: 5 -24 -88 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: MGL- 1(3 -93) Executive Director, LMCIT LMCIT DEC - 013 (11- 86)(Rev. 3 -93) Administered by: Berkley Risk Services, Inc. • COMPREHENSIVE MUNICIPAL COVERAGE Various provisions in this covenant restrict coverage. The words "city" and "covered party" are Read the entire coverage agreement carefully to defined under SECTION II - WHO IS determine rights, duties and what is and is not COVERED. covered. Throughout this covenant the word "city" refers to the first "city" shown in the Declarations. Other words and phrases that appear in italics The word LMCIT refers to the League of Minnesota have special meaning, as given in SECTION IV Cities Insurance Trust. - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. MUNICIPAL LIABILITY COVERAGE (CLAIMS MADE BASIS) 2. CLAIM AND OCCURRENCE DATES 1. COVERAGE AGREEMENT a. For any claim for damages, the date of the occurrence shall be deemed to be as follows: a. Except as otherwise provided in this agreement, LMCIT will pay on behalf of the "covered party" all (1) For claims for bodily injury or property sums which the "covered party" shall become legally damage, the date of the occurrence is the date obligated to pay as damages as a result of an on which the bodily injury or property occurrence, if the following conditions are met: damage first took place or is alleged to have taken place. (1) The claim for such damages must be first made against the "covered party" during the (2) For any land use regulation claim, the coverage period; and date of the occurrence is the date on which ,a suit seeking damages is filed against or (2) The date of the occurrence giving rise to the served upon the city, whichever is first. claim for damages must be on or after the retroactive date, if any, shown in the (3) For any other claim for damages, the Declarations; and date of the occurrence is the date on which the wrongful act giving rise to the claim for (3) The occurrence must have taken place in the damages took place or is alleged to have coverage territory. taken place. If the damages are alleged to have arisen from a series of wrongful acts the b. LMCIT will have the right and duty to defend any date of the occurrence is deemed to be the such claim or suit seeking damages. LMCIT may, at date when the first such wrongful act took its discretion, investigate any actual or potential place or is alleged to have taken place. claim; and unless the "city" has given notice as provided in Section VI, 7, below, LMCIT may settle If both (1) and (3) apply to claims for damages any claim or suit. arising from a single occurrence, the date of the occurrence is the earlier of the dates defined by c. The amount LMCIT will pay for damages is (1) and (3), respectively. limited as described in SECTION III - LIMITS OF COVERAGE. LMCIT CMC (11- 86)(Rev. 3 -93) 1 of 17 N b. For any claim for damages, the date the claim is serving, or furnishing alcoholic beverages or if made is deemed to be as follows: the covered party serves or furnishes alcoholic beverages without a charge if a license is (1) For any land use regulation claim, the claim required for such activities. is deemed to have been made on the date on which a suit seeking damages is filed against or For the purpose of this provision, license does served upon the city, whichever is first. not mean a consumption and display permit. (2) For any other claim for damages, the claim is c. Bodily injury to: deemed to have been made when notice of such claim is received and recorded by any "covered (1) An employee of the "city" arising out of party" or by LMCIT, whichever comes first. and in the course of employment by the "city "; or (3) All claims for damages arising from a single occurrence will be deemed to have been made at (2) Damages to the spouse, child, parent, the time the first of those claims is made against brother or sister of that employee as a any "covered party ". consequence of (1) above. 3. EXCLUSIONS This exclusion applies: This coverage does not apply to: (1) Whether the "city" may be liable as an employer or in any other capacity; and a. Damages for which the "covered party" is liable by reason of the assumption of liability in a contract (2) To any obligation to share damages with or agreement. This exclusion does not apply to or repay someone else who must pay liability for damages: damages because of the injury. (1) Assumed in a contract or agreement that is a This exclusion does not apply to liability covered contract; or assumed by the "covered party" under a covered contract. (2) The "covered party" would have in the absence of the contract or agreement. d. Any loss, cost, or expense arising out of any direction, demand, or request by the government b. Damages for which the "covered party" may be or any other entity that the "city" or any other field liable by reason of: entity test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants; (1) Causing or contributing to the intoxication of or any person; Damages arising out of the actual, alleged or (2) The furnishing of alcoholic beverages to a threatened discharge, dispersal, seepage, person under the legal drinking age or under the migration, release or escape of pollutants: influence of alcohol; or (1) At or from premises the "city" owns, (3) Any statute, ordinance or regulation relating rents, leases, uses, or occupies, and premises to the sale, gift, distribution or use of alcoholic the "city" no longer owns, rents, leases, uses, beverages. or occupies; This exclusion applies only if the covered party is in (2) At or from any landfill, dump, or other the business of manufacturing, distributing, selling, site or location presently or formerly used by LMCIT CMC (11- 86)(Rev. 3 -93) 2 of 17 0 or for the "city" or others for the handling. aircraft, auto or watercraft owned or operated by storage, disposal, processing or treatment of or rented or loaned to any "covered party ". Use pollutants; includes operation and loading or unloading. (3) Which are or were at any time transported, This exclusion does not apply to: handled, stored, treated, disposed of, or processed as waste by or for the "city" or any (1) A watercraft while ashore on premises the person or organization for whom the "city" may "city" owns or rents; be legally responsible; or (2) A watercraft that is: (4) At or from any site or location on which the "city" or any contractors or subcontractors (a) Less than 26 feet long; and working directly or indirectly on the "city's" behalf are or have been performing operations; (b) Not being used to carry persons or property for a charge; (a) If the pollutants are brought on or to the site or location in connection with such (3) Parking an auto on, or on the ways next operations; or to, premises the "city" owns or rents, provided the auto is not owned by or rented (b) If the operations are to test for, monitor, or loaned to the "covered party ". clean up, remove, contain, treat, detoxify or neutralize the pollutants. f. Damages due to war, whether or not declared, or any act or condition incident to war. War This exclusion does not apply to any of the includes civil war, insurrection, rebellion or following: revolution. (1) Any Limited Pollution Liability Claim. g. Property damage to: (2) Any claim arising out of the discharge or (1) Property the "city" owns, rents, or dispersal of mace, tear gas or similar agent, if occupies; such discharge was for the purpose of protecting persons or property or incident to an arrest. (2) Premises the "city" sells, gives away or abandons, if the property damage arises out (3) Any lead or asbestos claim, unless the actual, of any part of those premises; _alleged, or threatened discharge, dispersal, release, escape, use, distribution, or handling of (3) Property loaned to a "covered party "; lead or asbestos took place at or from any landfill, dump, or other site or location presently (4) Personal property in the care, custody and or formerly used by or for the "city" or others for control of any "covered party "; the handling, storage, disposal, processing or treatment of pollutants. (5) That particular part of real property on which the "city" or any contractors or (4) Any damages arising out of heat, smoke, or subcontractors working directly or indirectly fumes from a hostile fire. A hostile fire is a fire on the "city's" behalf are performing which becomes uncontrollable or breaks out from operations, if the property damage arises out where it was intended to be. of those operations; or e. Damages arising out of the ownership, (6) Work performed by or on behalf of the maintenance, use or entrustment to others of any "city" arising out of your work or any portion LMCIT CMC (11- 86)(Rev. 3 -93) 3 of 17 •h. - - 4- �. + M''4. i5'.. _ ���.- .i Y �3._ ..LdWA.I. _ Covenant Number: MUNICIPAL EXCESS MEL- 1870 LIABILITY DECLARATIONS Coverage is Provided by: Previous Covenant Number. THE LEAGUE OF MINNESOTA CITIES MEIr 1643 INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities Item 1, CITY and MAILING ADDRESS: City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 -2007 Item 2. COVERAGE PERIOD: One Year(s) l i C 3 m: � S i A D� 1 i Fro July 7, 1993 To: July 7, 1994 l 12:01 A.M. Standard Tune at Mailing Address Indicated in ITEM ONE. Item 3. RETROACTIVE DATE: July 7, 1987 Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence Limit S 1,000,000. Aggregate Limit S 1,000,000. Minimum Retention S 10,000. (If Applicable) Item 6. PREMIUM: S 10 ,380. Item 7. AUDIT PERIOD: Annual X None Other (Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided By: LMCIT Covenant Number. CMC 13746 Coverage Period: From: July 7, 1993 To: July 7, 1994 Including those coverages X'd below: LIMITS: X Automobile X Municipal -- Liability Liability 8600,000 CSL 5600,000 CSL* 5 S *See underlying coverage document for other specific limits that may apply. Employers Liability Insurance: Carrier. LM C I T Coverage B Limits: Policy Number. $200,000./$600,000. /$600,000. Policy Term: From: July 7, 1993 To: July 7, 1994 Other. Carrier. Policy Number. Policy Term: From: To: Item 9. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF TILE AGREEMENT AT ISSUE: MELC(3 -931, UME - 4(11 -86), UME - 23(3 -93), UME - 43(11 -88), UME - 46(2 -92). UME-45(11 -89) Executive Director, LMCIT LMCIT DEC -017 (11- 86)(Rev. 3 -93) Administered by: Berkley Risk Services, Inc. MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. League of Minnesota Cities Insurance Trust Read the entire coverage agreement and any hereinafter referred to as LMCIT. underlying coverage carefully to determine rights, duties and what is covered and not covered. The words "this coverage" mean the liability coverage provided under this covenant. Throughout this covenant the words "you" and "your" refer to the "city" shown in the Declarations. The Other words and phrases that appear in italics have words "we ", "us" and "our" refer to the special meaning. Refer to SECTION III - DEFINITIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT coverage" does not apply to any injury or damage, or personal injury offense, or negligent act, error, a. "We" will pay those sums, in excess of the amount omission, or violation (or the first in a series of payable under the terms of any underlying coverage, related acts, errors, omissions, or violations) which that the covered party becomes legally obligated to occurred or were committed before the retroactive pay as damages because of injury or damage to which date, if any, shown in the Declarations of this this covenant applies, provided that the underlying covenant or which occurs or is committed after the coverage also applies, or would apply but for the coverage period. exhaustion of its applicable limits of coverage. If, however, a Minimum Retention applies, as set forth e. This covenant is subject to the same terms, in paragraph 4 below, "we" will pay only those sums conditions, agreements, exclusions and definitions as in excess of the Minimum Retention. the underlying coverage, except: 1 b. "We" will have the right to participate in the (1) "We" will have no obligation under this defense of claims or suits against the covered party covenant with respect to any claim or suit that is seeking damages because of injury or damage to settled without "our" consent; and which "this coverage" may apply. "We" will have a duty to defend such claims or suits when the (2) With respect to any provisions to the contrary applicable limit of coverage of the underlying contained in this covenant. coverage has been used up by payment of judgments, settlements and any cost or expense subject to such 2. EXCLUSIONS limit. The exclusions applicable to the underlying coverage This right or duty to defend is limited as set forth in also apply to this covenant. Additionally, this paragraph 3, below. covenant does not apply to: c. The amount "we" will pay for damages and a. Any obligation to pay expenses under any defense expense is limited as described in SECTION medical payments coverage. II - LIMITS OF COVERAGE. Damages include prejudgment interest awarded against the insured. b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, d. With respect to any coverage provided by underinsured motorist, Workers' Compensation, underlying coverage on a claims made basis, "this disability benefits or unemployment compensation law or any similar law. LMCIT MELC (1 I46)(Rev. 3 -93) 1 " of 7 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. Attached to and forming part of No: MEL 1870 Issued to the City of Oak Park Hei hts Effective July 7, 1993 By UME -43 (11/88) CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY June 24, 1994 Mark Vierling 1835 Northwestern Ave Stillwater MN 55082 Re: EPA/Junker Landfill Dear Mark: In reference to your letter of June 15th, I have reviewed all the city files that I have and find no reference to the Hudson Landfill. I spoke to Forest Lake Insurance and they will have information for us this following Monday, and I'll forward it as soon as I receive it. Sincerely, CITY OF OAK PARK HEIGHTS Vonne Wilson Administrator /Treasurer 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082 -2007 Phone: 612- 439 -4439 • Fax: 612 - 439 -0574 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439 -2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON June 15, 1994 MS LAVONNE WILSON MR JAMES BUTLER CITY CLERK BUILDING OFFICIAL CITY OF OAK PARK HEIGHTS CITY OF OAK PARK HEIGHTS P O BOX 2007 P O BOX 2007 OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 CHIEF LINDY SWANSON MR ROGER BENSON OAK PARK HEIGHTS POLICE DEPT PUBLIC UTILITIES DEPARTMENT CITY OF OAK PARK HEIGHTS CITY OF OAK PARK HEIGHTS P O BOX 2007 P O BOX 2007 OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 RE: EPA /Junker Landfill Dear Staff Supervisors: Enclosed herewith you will find a questionnaire which has been prepared from this office following an inquiry that we received from the United States Environmental Protection Agency on the Junker Sanitary Landfill in Hudson, Wisconsin. We have reoriented some of the questions so that the same applies directly to the City of Oak Park Heights as opposed to the question format which is not necessarily geared by the EPA to be addressed to municipal entities. The questionnaire is provided to you with the request that you complete, to the best of your ability any information or answers in the areas of the questions so provided, and forward same back directly to this office. Upon receipt of same, we shall compile any and all responses and provide to the City Council a final document to be forwarded into the EPA. I realize in many instances the questions may not have any application to your department and if that be the case, simply indicate so by putting "N /A" below the area of the question provided. Also please separately identify to us any and all documentation within your possession that has any bearing on the QUESTIONNAIRE FOR EPA INQUIRY OF JUNRER LANDFILL HUDSON, WISCONSIN 1. Identify all documents consulted, examined, or referral to in the preparation of the answers to these Requests and provide copies of all such documents. 2. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Requests or who may be able to provide additional responsive documents, identify such persons. 3. Identify the acts or omissions of any person, other than your employees, contractors, or agents, that may have caused the release or threat of release of hazardous substances, pollutants, or contaminants and damages resulting therefrom. 4. Identify all persons having knowledge or information about the generation, transportation, treatment, disposal or other handling of material at the Site. 5. Identify all persons, including yourself, who may have arranged for disposal or treatment or arranged for transportation for disposal or treatment of waste materials, including hazardous substances, at the Site. In addition, identify the following: a. The persons with whom you or such other persons made such arrangements; b. Every date on which such arrangements took place; c. For each transaction, the nature or the waste material or hazardous substance, including the chemical content, characteristics, physical state (e.g., solid, liquid) , and the process for which the substance was used or the process which generated the substance; d. The owner of the waste materials or hazardous substances so accepted or transported; e. The quantity of the waste materials or hazardous substances involved (weight or volume) in each transaction and the total quantity for all transactions; f. All tests, analyses, and analytical results concerning the waste materials; g. The person(s) who selected the Site as the place to which the waste materials or hazardous substances were to be transported; h. The amount paid in connection with each transaction, the method of payment, and the identity of the person from whom payment was received; i. Where the person identified in g., above, intended to have such hazardous substances or waste materials transported and all evidence of this intent; j. Whether the waste materials or hazardous substances involved in each transaction were transshipped through, or were stored or held at, any intermediate site prior to final treatment or disposal; k. What was actually done to the waste materials or hazardous substances once they were brought to the Site; 1. The final disposition of each of the waste materials or hazardous substances involved in such transactions; m. The measures taken by you to determine the actual methods, means, and site of treatment or disposal of the waste material and hazardous substance involved in each transaction. n. The type and number of containers in which the waste materials or hazardous substances were contained when they were accepted for transport, and subsequently until they were deposited at the Site, and all markings on such containers; o. The price paid for (i) transport (ii) disposal or (iii) both of each waste material and hazardous substance; p. All documents containing information responsive to 2 a - o above or in lieu of identification of all relevant documents, provide copies of all such documents. q. All persons with knowledge, information, or documents responsive to a - p above. 6. Identify all liability insurance policies held by Respondent from 1970 to the present. In identifying such policies, state the name and address of each insurer and of the insured, the amount of coverage under each policy, the commencement and expiration dates for each policy, whether or not the policy contains a "pollution exclusion" clause, and whether the policy covers or excludes sudden, nonsudden or both types of accidents. In lieu of providing this information, you may submit complete copies of all relevant insurance policies. 3 �A • �f cG�NJ • i '4. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ; REGION 5 JUN I 0 S 77 WEST JACKSON BOULEVARD It No c CHICAGO, IL 60604 -3590 REPLY TO THE ATTENTION OF: JUN 81994 HSM -5J CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Oak Park Heights 14168 North 57th Street Stillwater, Minnesota 55082 Re: Request for Information Pursuant to Section 104(e) of CERCLA and Section 3007 RCRA, for the Junker Sanitary Landfill, located near Hudson, Wisconsin, hereinafter referred to as "the Site ". Dear Sir or Madam: The United States Environmental Protection Agency (U.S. EPA) is currently investigating the source, extent and nature of the release or threatened release of hazardous substances, pollutants or contaminants on or about the Junker Sanitary Landfill, located approximately six miles southeast of the City of Hudson, Wisconsin. This investigation requires inquiry into the generation, storage, treatment and disposal of such substances that have been or threaten to be released at the Site. U.S. EPA is also investigating the ability of persons connected with the Site to pay for or perform a clean -up of the Site. Pursuant to the authority of Section 104(e) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9604(e), as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99 - 499, and pursuant to Section 3007 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §6927, you are hereby requested to respond to the Information Requests enclosed. Compliance with the enclosed Information Requests is mandatory. Failure to respond fully and truthfully to each and every Information Request within thirty (30) days of receipt of this letter, or to adequately justify such failure to respond, can result in enforcement action by U.S. EPA pursuant to Section 3008 of RCRA under which U.S. EPA may seek the imposition of penalties of up to twenty -five thousand dollars ($25,000) for each day of continued non - compliance, and /or pursuant to Section 104(e)(5) of CERCLA which, as amended, Pnnted on Recycled Paper • • • , • 110 2 authorizes the United States to seek penalties from a Federal court of up to $25,000 for each day.of continued non - compliance. "Non- compliance" is considered by U.S. EPA to be not only failure to respond to the Requests but also failure to respond completely and truthfully to each Request. Please be further advised that provision of false, fictitious, or fraudulent statements or representations may subject you to criminal penalties of up to ten thousand dollars ($10,000) or up to five (5) years of imprisonment or both under 18 U.S.C. §1001. The United States Environmental Protection Agency has the authority to use the information requested herein in an administrative, civil or criminal action. This Information Request is not subject to the approval requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. §3501, et seq. The information requested herein must be provided notwithstanding its possible characterization as confidential information or trade secrets. You may request, however, that such information be handled as confidential business information. A request for confidential treatment must be made when the information is provided, since any information not so identified will not be accorded this protection by the U.S. EPA. Information claimed as confidential will be handled in accordance with the provisions of 40 C.F.R. Part 2. In order to facilitate handling any confidential business or financial information, please provide such information on separate pages and group all such pages together in one portion of the response. Clearly identify the information as confidential by placing the word "confidential" in the upper right hand corner of the first page containing the information and on the cover letter transmitting it. Your response to this Information Request should be mailed to: Ms. G. Marie Watts Superfund Program Management Branch (HSM -5J) U.S. Environmental Protection Agency 77 West Jackson Street Chicago, Illinois 60604 If you have any questions, please direct such questions to Ms. Watts, at (312) 886 -7591. Please direct questions of a legal nature to Mr. Michael Berman, Office` of Regional Counsel, at (312) 886 -6837. III • 3 Thank you for your cooperation in this matter. To ensure expeditious treatment of your response, please send it to the above referenced address. Sincerely, — 1 1 Thomas W. ateer, Chief Superfund Program Management Branch Enclosure • • 4 INSTRUCTIONS: INFORMATION REQUESTS Junker Sanitary Landfill be made to each of the 1. A separate response must b questions q set forth in this Information Request. 2. Preced e each answer with the number of the Information Request to which it corresponds. 3. In answering each Information Request, identify all g q contributing sources of information. 4. If information is not known or is not available to the Respondent as of the date of submission of his /her response, should information later become known by or available to the Respondent, Respondent must supplement his /her response to U.S. EPA. Moreover, should the Responde nt find, at any time after the submission of his /her response that any portion of the submitted information is false or misrepresents the truth, Respondent must notify U.S. EPA thereof as soon as possible. 5. For each document produced in response to this Request for Information, indicate on the document, or in some other reasonable manner, the number of the question to which it responds. 6. You must respond to the Information Requests on the basis of all information and documents in your possession, custody or or in the possession, custody or control of control p Y your Y former or current employees, agents, servants, contractors or attorneys. Furnish such information as is available to you, • • 5 regardless of whether or not it is based on personal knowledge, and regardless of source. 7. Your response should be accompanied by a notarized affidavit from a responsible company official or representative stating that a diligent record search has been completed and that there has been a diligent interviewing process with present and former employees who may have knowledge of the operations, hazardous substance use, storage, treatment, releases, spills, disposal or other handling practices of the Respondent between 1970 to the present. To the extent that any information you provide relating to these Requests is based on your personal knowledge, or the personal knowledge of your employees, agents, or other representatives, this information shall be in the form of a notarized affidavit. 8. If any documents requested herein have been transferred voluntarily or involuntarily to others or have been otherwise disposed of, identify each such document, identify the person to whom it was transferred, describe the circumstances surrounding such transfer or other disposition, and state the date or approximate date of such transfer or other disposition. 9. The information requested herein must be provided notwithstanding its possible characterization as confidential information or trade secrets. You may, if you desire, assert a business confidentiality claim covering part or all of the i 6 information requested, in the manner described by 40 C.F.R. 2.203(b). Information covered by such a claim will be disclosed by the U.S. EPA only to the extent, and only by means of the procedures set forth in 40 C.F.R. Part 2, Subpart B. [See 41 Federal Register 36901 et seq. (September 1, 1976); 43 Federal Register 4000 et. seq. (September 8, 1978); 50 Federal Register 51654 et.seq. (December 18, 1985).] If no such claim accompanies the information when it is received by the U.S. EPA, it may be made available to the public by the U.S. EPA without further notice to you. You should read carefully the above -cited regulations, together with the standards set forth in Section 104(e)(7) of CERCLA, before asserting a business confidentiality claim, since certain categories of information are not properly the subject of such a claim, as stated in Section 104(e)(7)(ii) of CERCLA. In order to facilitate handling any confidential business or financial informatin, please provide such information on separate pages and group all such pages together in one portion of the reponse. Clearly identify the information as confidential by placing the word "confidential" in the upper right hand corner of the first page containing the information and on the cover letter transmiting it. 10. U.S. EPA has the authority to use the information requested herein in an administrative civil or criminal action. • 7 Definitions: Junker Sanitary Landfill For the purpose of the Instructions and Requests for Information set forth herein, the following definitions shall apply: 1. The term "you" or "Respondent" shall mean the addressee of this Request, the addressee's officers, managers, employees, contractors, trustees, predecessors, partners, successors, assigns, subsidiaries and agents. 2. The term "person" as used herein includes, in the plural as well as the singular, any natural person, firm, contractor, unincorporated association, partnership, corporation, trust or governmental entity, unless the context indicates otherwise. 3. "The Site" or "the Facility" shall mean and include the property on or about the Junker Sanitary Landfill that is bounded by Alexander Road on the south edge and a wooded area on the east, west and north side of the landfill. 4. The term "hazardous substance" shall have the same definition as that contained in Section 101(14) of CERCLA, including any mixtures of such hazardous substances with any other substances including petroleum products. 5. The term, "pollutant" or "contaminant ", shall have the same definition as that contained in Section 101(33) of CERCLA, and includes any mixtures of such pollutants and contaminants with any other substances. 6. The term "hazardous waste" shall have the same definition as that contained in Section 1004(5) of RCRA. . _.. I I 8 7. The term "solid waste" shall have the same definition as that contained in Section 1004(27) of RCRA. 8. The term "materials" shall mean all substances that have been generated, treated, stored, or disposed of or otherwise handled at or transported to the Site, including but not limited to all hazardous substances, pollutants and contaminants, hazardous wastes, solid wastes, as defined above. 9. The term "hazardous material" shall mean all hazardous substances, pollutants or contaminants, and hazardous wastes, as defined above. 10. The term "non- hazardous material" shall mean all material as defined above, excluding hazardous substances, pollutants and contaminants, and hazardous waste. 11. The terms, "furnish ", "describe ", or "identify" or "indicate ", shall mean turning over to U.S. EPA either original or duplicate copies of the requested information in the possession, custody, or control of the Respondent. Where specific information has not been memorialized in any document but is nonetheless responsive to an information request, you must respond to the request with a written response. If such requested information is not in your possession, custody, or control then indicate where such information or documents may be obtained. 12. The term "identify" means, with respect to a natural person, to set forth the person's full name, present or last known 9 business address and business telephone number, present or last known home address and home telephone number, and present or last known job title, position or business. 13. The term "identify" means, with respect to a corporation, partnership, business trust or other association or business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g. corporation, partnership, etc.), organization, if any, and a brief description of its business. 14. The term "identify" means, with respect to a document, to provide its customary business description, its date, its number if any (invoice or purchase order number), the identity of the author, addressor, addressee and /or recipient, and the substance or the subject matter. 15. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant. 16. "Transaction" or "Transact" means every separate act, deal, instance, occurrence, sale, transfer`, giving, delivery, change in ownership, or change in possession. 17. As used herein, "document" and "documents" shall include writings of any kind, formal or informal, whether or not wholly or partially in handwriting (including by the way of • 10 illustration and not by way of limitation), any invoice, receipt, endorsement, check, bank draft, canceled check, deposit slip, withdrawal slip, order, correspondence, record book, minutes, memorandum of telephone and other conversations including meetings, agreements and the like, diary, calendar, desk pad, scrapbook, notebook, bulletin, circular, form, pamphlet, statement, journal, postcard, letter, telegram, telex, report, notice, message, analysis, comparison, graph, chart, interoffice or intraoffice communi- cations, photostat or other copy of any documents, microfilm or other film record, any photograph, sound recording on any type of device, any punch card, disc or disc pack; any tape or other type of memory generally associated with computers and data processing (together with the programming instructions and other written material necessary to use such punch card, disc, or disc pack, tape or other type of memory and together with printouts of such punch card, disc, or disc pack, video tape or other type of memory); including (a) every copy of each document which is not an exact duplicate of a document which is produced, (b) every copy which has any writing, figure or notation, annotation or the like of it, (c) drafts, (d) attachments to or enclosures with any document and (e) every document referred to in any other document. 18. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of 11 these information requests any information which might otherwise be construed to be outside their scope. 19. Words in the masculine shall be construed in the feminine, and vice versa, and words in the singular shall be construed in the plural, and vice versa, where appropriate in the context of a particular question or questions. 20. All terms not defined herein shall have their ordinary meaning, unless such terms are defined in CERCLA, RCRA, 40 CFR Part 300 or 40 CFR Part 260 -280, in which case the statutory or regulatory definitions shall apply. 1 INFORMATION REOUESTS Dunker Sanitary Landfill 1. Identify all persons consulted in the preparation of the answers to these Information Requests. 2. Identify all documents consulted, examined, or referral to in the preparation of the answers to these Requests and provide copies of all such documents. 3. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Requests or who may be able to provide additional responsive documents, identify such persons. 4. List the EPA Identification Numbers of the Respondent. 5. Identify the acts or omissions of any person, other than your employees, contractors, or agents, that may have caused the release or threat of release of hazardous substances, pollutants, or contaminants and damages resulting therefrom. 6. Identify all persons having knowledge or information about the generation, transportation, treatment, disposal or other handling of material at the Site. 7. Identify all persons, including yourself, who may have arranged for disposal or treatment or arranged for transportation for disposal or treatment of waste materials, including hazardous substances, at the Site. In addition, identify the following: a) The persons with whom you or such other persons made such arrangements; b) Every date on which such arrangements took place; . . 4 • -2- c) For each transaction, the nature or the waste material or hazardous substance, including the chemical content, characteristics, physical state (e.g., solid, liquid), and the process for which the substance was used or the process which generated the substance; d) The owner of the waste materials or hazardous substances so accepted or transported; e) The quantity of the waste materials or hazardous substances involved (weight or volume) in each transaction and the total quantity for all transactions; f) All tests, analyses, and analytical results concerning the waste materials; g) The persons(s) who selected the Site as the place to which the waste materials or hazardous substances were to be transported; h) The amount paid in connection with each transaction, the method of payment, and the identity of the person from whom payment was received; i) Where the person identified in g), above, intended to have such hazardous substances or waste materials transported and all evidence of this intent; j) Whether the waste materials or hazardous substances involved in each transaction were transshipped through, or were stored or held at, any intermediate site prior to final treatment or disposal; k) What was actually done to the waste materials or hazardous substances once they were brought to the Site; 1) The final disposition of each of the waste materials or hazardous substances involved in such transactions; m) The measures taken by you to determine the actual methods, means, and site of treatment or disposal of the waste material and hazardous substance involved in each transaction. n) The type and number of containers in which the waste materials or hazardous substances were contained when they were accepted for transport, and subsequently until they were deposited at the Site, and all markings on such containers; , . -3- o) The price paid for (i) transport (ii) disposal or (iii) both of each waste material and hazardous substance. p) All documents containing information responsive to a - o above or in lieu of identification of all relevant documents, provide copies of all such documents. q) All persons with knowledge, information, or documents responsive to a - p above. 8. Identify all liability insurance policies held by Respondent from 1970 to the present. In identifying such policies, state the name and address of each insurer and of the insured, the amount of coverage under each policy, the commencement and expiration dates for each policy, whether or not the policy contains a "pollution exclusion" clause, and whether the policy covers or excludes sudden, nonsudden or both types of accidents. In lieu of providing this information, you may submit complete copies of all relevant insurance policies. 9. Provide copies of all income tax returns sent to the Federal Internal Revenue Service in the last three years. 10. If Respondent is a Corporation, respond to the following requests: a) Provide a copy of the Articles of Incorporation and By -Laws of the Respondent. b) Provide Respondent's financial statements for the past five fiscal years, including, but not limited to those filed with the Internal Revenue Service. c) Identify all of Respondent's current assets and liabilities and the person who currently own or are responsible for such assets and liabilities. . . . -4- 11. If Respondent is a Partnership, provide copies of the Partnership Agreement. 12. If Respondent is a Trust, provide all relevant agreements and documents to support this claim.