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'1* 11023646 -2- 7-31-98 I 0% ofthe first $50,000 of defense costs, 85% of the n xt $200,000 of defense costs, and 6 00 of any defense costs in excess of $250,000; and Coverage ent For and r evelopment 11 which is first filed or served against the "city" "C1 Y , officer or employee during the ann coverage period of this agreement, CIT will pay the following on the "city's" ben ~ 1. ~ r ~r b. damages which the "city" shall be re . ed to pay. LMCIT's total liability for defense costs and damages for all land use or development litigation which is first filed or served against the "city" during the annual coverage period of this agreement shall not exceed $1,000,000, regardless of the number of suits, defendants, or claimants. The amount LMCIT pays for damages or defense costs for land use or development litigation is subject to the Municipal Liability Deductible shown in the Municipal Liability Declarations or the General Annual Aggregate Deductible if any shown in the Common Coverage Declarations. Land use or development litigation means: a. Any litigation relating to the application or interpretation of a land use, zoning, subdivision, or similar ordinance or regulation; or b. Any litigation relating to the "city's" involvement in the financing or approval of any development or redevelopment project. Any litigation meeting the criteria listed above will be considered to be land use or development litigation in its entirety, regardless of whether the litigation may assert other claims as well. LMCIT will handle this matter as land use or development litigation. In the event that there are additional pleadings served upon you in conjunction with this case, please forward those items to us immediately. If you have any questions, feel free to contact me at 281-1282. Very truly yours, BERKLEY RISK SERVICES, LLC Mark Rossow Asst. Program Claims Manager