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<br />
<br />,.
<br />
<br />11023646
<br />
<br />-2-
<br />
<br />7-31-98
<br />
<br />1. Coverage Agreement
<br />For any land use or development litigation which is first filed or served against the "city"
<br />or a "city" officer or employee during the annual coverage period of this agreement,
<br />LMCIT will pay the following on the "city's" behalf:
<br />
<br />a, 100% of the first $50,000 of defense costs, 85% of the next $200,000 of defense costs, and
<br />60% of any defense costs in excess of$250,000; and
<br />
<br />b, 85% of any damages which the "city" shall be required to pay.
<br />
<br />LMCIT's total liability for defense costs and damages for all land use or development litigation
<br />which is first filed or served against the "city" during the annual coverage period of this
<br />agreement shall not exceed $1,000,000, regardless of the number of suits, defendants, or
<br />claimants.
<br />
<br />The amount LMCIT pays for damages or defense costs for land use or development litigation is
<br />subject to the Municipal Liability Deductible shown in the Municipal Liability Declarations or
<br />the General Annual Aggregate Deductible if any shown in the Common Coverage Declarations.
<br />
<br />Land use or development litigation means:
<br />
<br />a. Any litigation relating to the application or interpretation of a land use, zoning, subdivision, or
<br />similar ordinance or regulation; or
<br />
<br />b. Any litigation relating to the "city's" involvement in the financing or approval of any
<br />development or redevelopment project.
<br />
<br />Any litigation meeting the criteria listed above will be considered to be land use or development
<br />litigation in its entirety, regardless of whether the litigation may assert other claims as well.
<br />
<br />LMCIT will handle this matter as land use or development litigation. In the event that there are
<br />additional pleadings served upon you in conjunction with this case, please forward those items to
<br />us immediately. If you have any questions, feel free to contact me at 281-1282.
<br />
<br />Very truly yours,
<br />
<br />BERKLEY RISK SERVICES, LLC
<br />
<br />Mark Rossow
<br />Asst. Program Claims Manager
<br />
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