Signed Contracts_Q and City Parking License Agreement Copyrighted
October 2, 2023
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Signed Contracts
SUMMARY: Compass Minerals America, Inc. for Ice Control Road Salt Project 5400-
23-24; Q Casino for Parking License Agreement; Tschiggfrie Excavating
for Burlington Street Water Main Improvement Project 2023
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Executed_Contract Salt Supporting Documentation
Q and City Parking License Agreement Supporting Documentation
Burlington Street Water Main Improvement Project Supporting Documentation
2023-MVM SIGNED-TSCHIGGFRIE
PARKfNG LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
Q CASINO
This Parking License Agreement (the Agreement), dated far reference purposes
the 4#h day a# August, 2023, is made and er�tered into by and between #he City of
Dubuque, iowa a rr�unicipal corporation (City) and Q Casino (Q Casino), an lowa no�-
profit corparafiion with its principal place of business in Dubuque, lowa.
WHEREAS, City of Dubuque is the owner of an area a�ai�able for parking (the
I�icensed Area) shawn on the attached Exhibit A and by reference incorparated he�ein as
though fufly set out herein; and
WHEREAS, City and Q Casino are desirous of entering into an agreement where
City gra�ts to Q Casino a licens�fior the privilege of using tf�e Licensed Area for pro�iding
public parking under the terms and conditions hereinaft�r set forth;
NOW THEREFQRE, in consideration of the mutual co��nants and agreements set
farth herein, Cfty and Q Casino agree as follaws:
SECTION 1. TERM OF AGREEMENT. Subject to Paragraph 11, City hereby grants to
Q Casino a nonexclusi�e license to use the Licensed Area for public parking from o� the
following da#es and times:
Sunday, August 20, 2023 7am to midnight
SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (t#�e Fee) far
the Licensed Area is One Dollar ($1.0�)
SECTION 3. USE OF PREMISES
3.1 Q Casino co�enants and agrees to use ancf occupy the Licensed Area fior public
parking only.
3.2 Q Casino may pface signs on or in the Licensed Area only to clarify the use of the
Parking Area and the times a�ailable far public use. Q Casino may not place ar allow any
struct�are ort or in the Licensed Area that is not related to signage. Upan t�rmination of
this Agreement, Q Casino agrees to r�mo�e signage and repair any hales i� the
pavement as a result of th� signage.
SECT�ON 4. ASSIGNMENT AND SUBLETTING. Q Casino may not assign or sublet
this Agreement or the Parking Area nor any portio� thereaf.
S�CTION 5. MAINTENANCE OF PROPERTiES, City shall be responsibl� far snow
and ice remo�al �n the Licensed Area at its expense. Q Casino shall be responsible far
remo�ing any trash from the Parking Area following each event �ate.
SECTION 6. RESPONSIBILITY FOR ENFORCEMENT. City is no# responsible in any
manner for er�forcement of Q Casina's pri�ilege to use#he Licensed Area. Q Casino must
use th� Licensed Area in a ma�ner that is compatible with fhe aperation af the remainder
o# City`s parki�g lots, and may not cause ar allow any conflicts or interruptions to the
aperation af City's parking lots.
SECTION 7. DEFAULT. If Q Casi�o defaults ir� the payment of the �'ee hereunder or
any part thereof, or defaul#s in the performance of any of the other co�enan�s herein
cantained, and such default continues for a period of thirty (30} days after written notice
thereof, specifying t�e default compla�ned of, mailed ta Q Casino �y Un�ted States
certified mail, the� City may, at its election, declare the terms of this Agreeme�t ended
and re-e�ter the Licensed Area, with or without proc�ss af law, and expel and remove Q
Casino or any person ar persons in or upon the Licensed Area, using such force as r�ay
be necessary under the circumstances; and if at any time, by reason of such default of Q
Casino and the continuance thereof for such period of thir�y (30) days after written notice
has been given, said term will be so ended, Q Casino her�by ca�enanfs and agrees to
surrender and deli�er up the Licensed Area peacea�ly to the City.
SECTION 8. INDEMNITY. Q Casina agrees to defend, indemnify and hald harmless
City, its officers, agents and employees, from any and all damages or claims whatsoe�er
by reason of Q Casino's use o#the Licensed Area and further agrees to reimburse City
for any and all damage to the Licensed Area resulting from the use of the L�censed Area
for acti�ities associated with Q Casino's business. City agrees to promptly give not�ce of
any an� all damages or claims and to permi# Q Casino andlor its insurance ca�rier to
in�estigate and defend the same.
SECTIOIV 9. IlVSURANCE, Q Casino must at all times during the Term maintain
ins�rance in accordance with City Insurance 5ched�ie A as shawn in Exhibifi B.
SECT�QN �[D. SURRENDER OF PREMfSES AT END OF' TERM, Q Casino agrees
that upo�termination of this Agreement it will surrender, yield up and deliver the �icensed
Area in good, clear� condition.
SECTION 'l1. TERMiNATION.
11.1 City may terminate this Agreemenfi for any reasan, with o�without cause, upon ten
(10) days written notice mailed to the Q Casina by United States certified mail.
Rob Korman
Director of Facilities
1855 Greyhaund Park Road
Dubuque, IA 52001
2
��-
* .
(,4 �f�� �
�!i��, dt 4'�:t'r"���,- _ - ' . �^
�0
y�= _ _ . . . - _ ..
�,. �.y 'y�`3 '
b l
+^L Si��� _ . .. , ., �. ' .�i
�5.. � -
�II i i�
� ���,,.�'�, ,�X' ' ' . .
1F.-'�! - . . . -. '= � . .
`:"-i's
_-�1 .. . , ..
. �_::._ �' . . .'.
�
�
':�
- 4. ,
�G �. __ , . _ .
(., '✓�'- _ ,
i .. _
'A' -s's .. . .. �
'"8�-- . .. . . - .
_S� - _
i'i .
. �y #-.�- � �s` � _ � .
,��
�
^� � � :, . - . . � .
��x �
k.
..r�� - . � _ ..��r.
�'-,-' - - r -.�. � ti .� �` °-;,
f: r� "� �'�:z� � ,x �
.^�
-_ ` }ff �`� ..�'��r��`>
� T ����
`� :
",r``".��: x�.. -r«,.
,l -� �
� ,s`"�•"-r „e,n '��,'�
�.
� i���r-'�t •`„{�-a�' �s
��� !FI Y�� � t`r2'x
5
'� -�.�iiY�# '�" s�3„�
x
�'K:,,3 '�'�d�?�4 :� . ' -.�'C•.
�_� ,t�;��'� .,_
: ��� � � � ,
���� .= e��
� �_.
-s: .
,.�
� x ; ., � ;�.,
-1 ��i�x�a��
�-- .�:
�d - _
".��.,
� " ,s - �
' a�� "
. � �_ 0a�� -
�� �. .,� `:�_�
� =�'.
�
ety�� ._�
;+ . - -_�,;�
�
�
- �;. � �:
. s��. � - }.
;� —
d .� ='
A; G
�
�{
., . ,. . . ..:.,., '
.. � _ , ,.^� . . .
- � . < � �-�3 : .
�T� .-
�
�y -_
_ - �°�a_w" -t
F.Slvy )
Exhibit B
lnsurance Schedule
C�tjf�Dut1ilql�@ tE1Y�ii'�6iG�t�i64�tt[i'�Itl�ltl��dl�l����d1��i#y��R"���itdi R[�h��'W'�j/
L..�9381'1��95�'F��PIS1���
�{���'����r�������.��
1_ L��t�i�ll ti�m�i���r�d�cerl�r�t��sf�isti�aai��a�Es��t[���butat�s�,lav�for Ette
r���t� i�i�i6it I puis�r t�tF�ler�s�.�nsa,ar pevm�c�mri��rr�r�.�3I I�����e�
c��Y�►����,d rigP�r��y rl�,����p��r����,�s��t�;u��d ca��t�
anrtua�y.Eat�s c�ifo�'I�slt311 b�e��d�p1��tn�t cu�r�rt�A�F�i]Carrii�pproa[�d trj t�s�
I�uva le�sur�nc�L'13+��1�n�r�gqt�i��r��c@e���s�a�9 ir�.ida��iteir�anC�r�r
€3esuipi�on�f�a�r��s t�urtry[�a�itie����d.Lm�s,4g€t+�men!dar�
�_ �prt�ici�*��!irYsuranrooe r�quiea�h�ret,�td�r�i�ali��Ant�f�r�r a�haF�ed�da�a�si�ss ie�
l����irtisus+ers st�t�hava�ra1�g c�Pl+,cer l�tt�r r�t��rrerrt A.�A_B��C�Ra1��a�1c�a.
�_ �ch c�ti�i�i�alt�l�t�Purnished txa Ih�s�asanr.-���aarir�aeret���I[y�t�u��q�ss.
4_ �t�I����,I� �,s5c p�6'�f���e�ll�reqtlic�c3�c�m}�t�trdt�ouatt�r�li ,s�t
g�a�il�r�r��air�c���r I�v�'o�t�'�yaa�r���t,�n Fac#,ibit I_��i[t�r�tn prc�i�t�r��alted
miii�im€�m����[�n�� ���i�r af s�ch�virem�s�t�iiy�C�Yg+rat C�6��_
a. Fal�l�Ctr si�ut�n c�`�[�i�irs�r�!`�r�uW'�d it'�uw�r��51°�a�t�r,c�n���1���n�i�l t�t�a�l�e5tt�
I��,lit:�t�,[���riit.
�_ ,�f�equir�a'1�ii�C��irf�ftta�t��9�8ik�t��7 Yar�ie i5e�1C[;a�.T1's��rtitlC�te Is d�9���bt�iFs�
c�FifraCl��rgr��ri�iiY�6����tn�d.
7_ ���vraw a sp�]54�for►n�n���nc�f tl��u t�ditlr;n�f�6orm rr��t b��d ur��
�rs��uv�l�rr�l fs��vn Js�pprnv��T by 1t��["YYi��ir�f F�t�r��r�[�E3ud�a�l'h�1���,licer��.�sr
p$rmil9ea must idc�w�l�fy and�i&t itl4rv�iCirtkj�I+�ri���[[5i9�cclt�t�s�'�Il�r�!�fc�trti_
�_ I�I�e's,li�na�ie'�,�r p�rmiti��"�Iirnit��s#N�i�r��f;I k�r tt�r��f���uu�€c4 mir�im�m li mits
�Pie��e I�ssee'�.E�e�s�'�,t�p�arYni���l��f�f[�� ir�et�'��ec�uis�rl I�t�.
9. La�s�ee,�itars�s�e,�ar�r�mEtl�sht�fE�aaquiY��II - f�a:4���iC{����€��`a�rs tm�,h9��
��ul m�i�aie�durie�g 18se p�r�r�aar�nf��� C��t����r���l�ib��n 1Fiis
�C96Ui�Y5C�s�sL'I�dIIG6�5�331���Pl1 G9[�81�d�11`�YJ�9F`���i47`f��5`[lL`I'S S53�f�ClCJf3�9f�
s�atrgu3�c.or�l�cf�.L�sse�,{�e��.�r p�r6tl�it���r�CFr€e�iE�s��e liah�tur li�fa�J1+�ta��
�b[�nPr�r�d suErsuhr.o�actr�r iee abt����d ttsaulCa�i Ber�3 t�ra�_�'i5��ity�sY
raqu�esl a�npy crf s�tCFe r�rtiiica#�s ft�rri ii��i���.lic�r��,ti��raeettee.
1�. L�ss�eao�css�se&peraa�ittsa�sF�a���r��fk�1e i�r d8aiu�l��d salt le�ured raiatiFc�i��rEd
{�r�aymasYt of�!1 Foi icy premiums anc9 d�9et t�6E��sSCi:[atd�d 4dlbi the iitssiiar�pz91i��
requir�d l�e[�vu_
11. f411�ff�"�tea siP irisuianca rnu�l it�i�i1��e�k#�R9�t�,plkine nuin�r atkl aeti���i�e
1�. �he�ity 6€duhuq€�e�res$ive�I[�e�F3t ic7 d+et�t��pl�,tealifrsc��es�iF�[[t+��ytl
inac�i�nc�p�liciss,ih�us�irrtj ertdn�e��,t'��ldi�d by tl'r��CIt�9siu[e�l�ly�tim�_
13. Th�City a�duh�qe�e�es�rve�IBS�P��st k�m�l�tfi�YeQalueina€�ts,��3t�3��imt�,l�5��n
�i�tges€n ih��'isk nr nihar s�t.�l fli�u�rd�5 i�r�ig ifi��[erFn o�3 ih�� t1t,�bim�ta�
muit�aE�graem�rct of YF�e par#��_
P�g�9 a4� Schedula A Le�sees af CtLy�rct�r�yr,Right ef W�y ar Pe J�u�ry 2�"�
City�f au1�r��I�tt,�r�n��R�squir�r�t�r L�sa�g��f�ttY F��rt�'�i Ft6glrt af�4P��
l.ie�r�aa���anmit�a��
IN$�lF�iN�� �CHE�IJ�E A�(���tti�7����
��tt�'�rr�
te} �cr�������Ewe���t3�rw
�e�r�,�ggr�g�te Limd 82.ano,tf�
Yraci€rr„�-���6as!f}��16csr�A�gr�s��L[�i� ��.i1�Od.d��
�rs�t�l���rt�sir���ry Limit �9.n�,(��n
Eaiclt�3cCt�r�w� �i,f�q[�,Q[]�I
Flr�i3aariaga Lirriit dar�y�rue s�u�tet��ey �5[F,Q[}�
A9edi�f Paxmdri1� �5,��
1} �rage strdl�ba u�Etsn ar��r�s�ee€�r�sas�,ri�t c�i m�d€�t�err�_`1�r���rai
�[��ity�rv�e r��l!�w►�tt�ir��ce�r�9�th!�3 fz�m C��t3 4i�,r�����
awn�ianm 8P d1p��_ 6�4f ct��ti�r��i�s atar�9�1�€�re�rr�r?��ga�asrai
II��iCy t�rm t��]p�,����it��t�fr�rrrt 8�*CXt t�d-.r�l���i�l�
iderr�9H�d.
2) tr�c[�r����en m�rc�t������0�3 ti L��rs��g��rr��
Au���g�i�s'iit"
� It��[t���r�t�itt�i�it5d�a�itag tFr�t t�tru�r�g�l��ri�ary�tt��-�niriCutocy.
4� Ittc[u�Pr�rvaCt[ar�n��nvatram�il�lmmtuSlffie��ndnt�tment y5ampla
��Cae6�s��-
�� I€��Eut[�r�dd�tsoaa�F�sursd en�3wt�e�vreraF dcar_
Tf��ily nf�t��qua.�tc1�1��I�'s7s�e�d arid�ppbis�t�a##�cia�,al�ds
�m�[aya�a��vol�r���,�II Ils doarefs,s�rnmi���s�rrsdfor ae�thuari+�as a�cef
fheir 6a��s►�rr��rsp�r�P�ye�,s��f�I�rti�t�.�1���l fa�rm G�2d�[Y
(C7r�grsing ap�al�r�3 or iYs�uiv��rC.
B� I�nli�y�I�aH i[�c�d�Yt���r ca1l�j�at�I�ea�fc�ini t�th�rs�rul�s���5�st_
7} l�ols�y�tl int�u��tr�iia�r���e�a�i��ang��r�dar�e�r,�rrt�e�r�ic�i�
ihirty(3[Y)d�y��d�r�,�w�ilt�r�not�c��P c�r�[�ti�i,r�rrr-r�n�,��ci�ficirc 1n
at�ur��e��ar� r�nits�r�rE t�str�7�ry d�w�I�Fer�nsr�oP���yrr��t
�f��ar�iu��t�[tr��ct'�_�i�y b!I7�����c.�b���rt,5�i�P�t Y��'�
51r�t�E�.t�,fi�av��41
�� W��K�1�$'�l[ '�"fC��i��tA�.[d��l��if4B��i�Y
��#�atary B�n�fi��i��I�ri �ij�l�i t�ri��aYa h� r�t c�t€��e�
prest.�ih�a�by ld�i�od��t�8s�.
Cavet�igie A ��liit ipF�Ce�.
C�ver�ge e ��tr��r�l.��l�y
Eacl��aCC�d�iC $�4f�,L�[S4
�cYu�rri�laa��-��s� �tp�,€7�€�
f�l�g lirit�k--ili���fi� $5t7€S,C�F�
P�licy sCnaf3 incEud�V+J'�iv�r rxf F3�jFlt 4rs 7�Ea5v�fram C3fF'�rs endns�sa�4s�t.
Grnrera�8[imlls shal�Era�r�Eeq iP�trired!lay iE�e�umbre�aF�t.�s�Cnsurer_
CSR
If,�y Eo�ir�Cod��ecti�ri 95_t�k,135�[es�,l�rite�,4�p�t►ni�ae�rio#requ�ed t�
p6�1'Chas�Wolkers Cn�tlpensa8ic�r�Ir�usai�e,tlie 9ass�ar,�l�ea,or peitnllt��s}ia[[
h�ve a�P3�of 1i�a�P��'s f+��m;al�rticir��t VY�k�'��tnp�r�6alfori�r ti�ipFoy�' Li��ii�+
P�ge 2 t�f 4 Sdieduls A�ae�€�(Clty�r�rty,k�l�ht�P Wsy[�anse�ax January 2�23
6
� Ciiy of[3uhuque I�iaa�r�n��Ftequ�ir��f�i1�L����r�f G�k����ri��ixt£t�g�t�#�If�jl
Li�e���P:�p��iiliit9��
�Go�r���rrtl a�fls aire7h 9:#i�I�l4a 1AP�k�r�°�trperisari�rt f�isv�ar6t��6�1lmi�s;C�aC,�
rea��i�md E�y I�v��ade�OC�rt B7_22��mpd�t!frarm rtiust t�g s€�Cftad_
�) F[�Iot.L�`i�ll.€�aBT�,i7'�'
�CYw�r�ga r�qa�[r8d: ,,,,�,Yss _b�a
1����atinn Ii�k��Ey ca�r��g���II t�r��€�d��1a�� e�,r.eaarrfirac-iie;�P�=��a� `
ri�a�y�ti�i[€�on gkp�s�a�or�at��ar�t��sa��s ot��m��d m�ri�ls
�1ri�lditt�,tr��tx�t�ited t�,p�tt��iti p�tic3Ct�,tF�F�rno'UaE Of 6�,���rs,a�r P�,;6s.
Pnllsa��rrt�i9uet�n,9 c4mr�iet���np�eraCicuts�ta�r��a sha�siso ka�
E6�ah��r�� gw2.6d0�,GS�
Ps�l��re9�alm 3�.�,f�
1� Poli+cy�€nclut�j�ail��nd tr��rtaE�san�r�-
�) Incl�ar�ade�ar��an�aued fr�r:
7'1��i�d�b�,hwq,e�,iracf�tg��tl�e� �id�pp4i�rte�atC�i�,�fi�
�� �wole�r�r�,�ff i��aareE��rim�nr�s ancli���stt�ar��e��
khsit tx�;i r��ers,��p�e�s aft��l�i .Use[5€�►omt CG 2(�1�7_
��n�i��i���9yar�j mr Hs�quivala�rt a�s€f C�2���{�reap�ted ti�n���r
����l�n�.
3} Ir�ir��eaeraraF�n ot�remm�n�C r�i�s Fafdarsera�r�t.
4�y �'wnti+�d6��1ide�t[�s c�f eavgragg fCst 5����c.6�iYS�31�6ts o��s6J�P�.
5� 1�1CIt��tirfor�em�ni ihdicading tP�E ��p�y�t��szx�-�ttl�i[�sCa�ry-
�) 1�ial�y S��ir�ui3�v�h�'od righi Itm��r'hwy�#ts�`i�rs�5�lot�em�t3t
L]� �38��t�Y'Y IN�#�l�tP[C�REQUIREr1 @Y L�A$�,LIC��£i��f�Z611T
�Cef Nc�
�siw�r»�#�t�nn�a�ttyr e.�awsraga prrn�iii�: _,___Ye�
I�I�d�i�r��C�c��t3�6t�t��s Lear�er Lai�p�yr�t�1�.
E� �BCf9T��-Vhi,�Y�C3�it C�NLY:
Sj11��R��i.Ad�XC�SS �9,t�MD.6[Y(F
1P�s T+�
Tt4��ene��l L't�bl�fy,Aulc�a5iishi[�1�161'��td Ui�kers Compensali�tt i�c�e�c�
r6qttirsm�,�m�y lse�atiSCiad wi9ta a cC�f'ik�'t�tl�r�prirreary�1d LlmbF�Bi�bl`Exce�
�iAYhuliry lns�t�nC+�. N Ih�Ua�ilir�E�ti����Iti�u�&:n�praticy dfie�k�ctt��r 9Fva tsatlli Cfi
1198 pP�ary g�€tiiCiib9,it�P4��ir€c[��It"��18���i�oo�a7t��S T�qttlC�di o#Ifu�e pri€n2sy
p�ic�s i€�dfe��ut tuat iirr�it�dl�"�4'�r�rC�a�t�ga�r�AN�Pr��a€�i Als�r�
cOntri�trt�ire f�+tdr s5[iPaa Gi[y+.
�j F��)NS�f�AN6E
Yes Nc�
Ifi R��ir�d�trerag� �
F'�g�3�#� Schedule#a�ee�ni�Ily Rr�rty;Rlght ot{P�p Lk�nen�€a�e Jasu�ry 2[k2�:
7
�lijP Of Dullu�.lf�[tt3iit'�Blt��I�q�t[il'�1�t']��1176�C1C-����c�f�.3d�RYG��'�CBd$��ltt d�Si�T�i
L.�4`�'116��a�C���iit��6
P[��tae�ev�r��a€E n�E�g th��ify����,�ac�a a�a�a�§sfet�tsrsa[b�s��a��e� ' by lt��
Irist��u�et�tt�ma�e resuK in 1ha w�Isr�r c�t���i�y�`�.���tnm�nt�inim€�ititi� `ri Entv�a Cc�d�
s8�.�74_�.If�#��sr[c�lift�ir�pY86�at�ItS��imrau€�i€i�s,��s��e tFi�ar�ds� L dC�n eqi�it+�lani
f��.
�'1�ESERit�Tl�N l,��'��ifERN�IlE�1TArL Ifr�11!lt�,i�l'�IE�E1�[�Fi���EI�F�'°
'E. i��nr��ivst a#�av�rrtment�Y Ir�riu�iitw_�h�a in�.ueer�ire�sEy�g�s end sC�i�k th���s�se
of ihis�a�y�nd tl,�ir�ding�af tli��I�r r�ou�uq��,1�w���rc A�dA�rtaf 8r��res9 de�s r�r�a�ia any
a�th�d�fie�g af gavernm�t��r,rri�an�Cy�vap�ig� C�t�cai E�ubtu��,lawa��rrf�r�s�t�'�urva
��#�on B7���s il is nrnv�1��3�9 es�t rrl;�y�e.3rrt�f��k�am Eirn�fcr tit�9�.
2_ �laima Cov�r�sa�."tlte i�r�r��k1�r�gre��tlus po#i��r rs�iri�r��sl����er�alqr���
c��s�,c�t sc�6�jecl E�kF�d�r�t��gov�mrrr�r�i Irnnwni�t��id�r tt�� �F I�era��aii 6T[!A��R
rt�mu e�and as it�na�F�arr�r��4r�rrr tn I�ne_7tt�sa c�a�rn�s��Y s�l�c.1 tn��ad��6awa
$�r��7€i.4 s�h�l�r�r��y iF���t��5��ns�d��sP'thls i�rsvrarre��adicy.
3_ hsser8ls���rr�reraiii��t Fm�rsiE�_'��it;+�at 17ub�aqa,�,l�s#s�ll he resp�o�sit�ttx as��ting
�exy d��af �iiC�9 inrnts��,�id��du so�t,��yp " �r�d�1f du saa upr,�i 1he 91rrs�&y�iiGe�
�equ�st�[���rs�iw�r.
4. �i€�s-Hs�rr��ot�nw�r� _73���r�r�r ait��ne�t c�et�y �u�f�i#r��r��yt�rud�tt�ie�r
�ha91 r�t��t�r�iy Df If�righ7��ta3�i��fs�ccetal�!rr�Ite��gr nP�lbuqu�,ItYw�€at�3er ihts pG�t!tr
r�.���sr,�of��is�n�nt�ime�ar�ily s�r��s�d uraul��aurt�i��wtim [j�f�l��r�n t�s rt��cf Ira i�€ar�r,�
�����rs��s��f�ts+v�mm�rst�I imm�ity sss�rt�d�y���Yy af C�Ew��,fr�ra.
��a������ in P�IiG _`ft��Es��as�rv���oi�ci��rra�i�nt�C Emme�r���ha��mt���
e��,�i��r Ch�a�ntrer���IE��d�1E�e �_
���� ��
(�€R,u�r�r�wY'r�t����. �a�,t���.�t ������� �
P��4 a}� Sdredule�Le,�ee�n€�iti'i+rnperl�;Fpightt�f 1l3��ic�rrs�cr� Janctiup���3
�
DATE(MM/DDIYYYY)
A���� CERTIFICATE OF LIABILITY INSURANCE 8/4/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Cottingham&Butler PHONE FAX
John Link aic r,a eXc: 563-587-5000 aic No:563-583-7339
E-MAIL
HOO M8111 St. ADDRESS:
Dubuque IA 52001 INSURER(S)AFFORDINGCOVERAGE NAIC#
iNsuReRa: Markel American Insurance Compan 28932
INSURED DUBRAC1 INSURER B: PIIlIlBCI@POIIIY IIlSUf81lC8 COIllp8ll 15137
Dubuque Racing Association LTD
dba Q Casino and Hotel INSURERC:
1855 Greyhound Park Road INSURERD:
Dubuque IA 52001 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2082695970 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICYNUMBER MM/DDIYYYY MM/DDIYYYY
A X COMMERCIALGENERALLIABILITY MKP0000500700800 4/1/2023 6/13/2024 EACHOCCURRENCE $1,OOQ000
DAMAGETO RENTED
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $1,000,000
MED EXP(Any one person) $0
PERSONAL&ADV INJURY $1,000,000
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $5,000,000
X POLICY� PR� � LOC PRODUCTS-COMP/OP AGG $2,000,000
JECT
OTHER: $
A AUTOMOBILELIABIUTY MKA0000500700900 4/1/2023 6/13/2024 COMBINED SINGLE uMIT g 1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
A X UMBRELLA LIAB X OCCUR MKX0000500701200 4/1/2023 6/13/2024 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$ $
g WORKERSCOMPENSATION WCP7003116 4/1/2023 6/13/2024 X PER OTH-
AND EMPLOYERS'LIABILITY Y�N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $500,000
OFFICER/MEMBEREXCLUDED? N�A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000
If yes,describe under
DESCRIPTION OF OPER4TIONS below E.L.DISEASE-POLICY LIMIT $500,000
A LiquorLiabilty MKP0000500700800 4/1/2023 6/13/2024 Occ/Agg 1MM/2MM
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Auto Physical Damage Comp/Coll Deductibles:$1,000/$1,000
RE: Parking Lease Agreement
The City of Dubuque,including all its boards,commissions and/or authorities and their board members,employees and volunteers are additional insured on the
general liability policy including ongoing operations on a primary,non-contributory basis including ongoing and completed operations subject to all terms and
conditions of the policy forms.The General Liability and Workers Compensation policies include a waiver of subrogation in favor of the certificate holder per
written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement
attached to the policy.A Governmental Immunities endorsement is included on the General Liability subject to the terms and conditions of policy forms.The
Umbrella policy follows form subject to all terms and conditions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Dubuque, including all its boards, COI711'Y1ISSIOnS ACCORDANCE WITH THE POLICY PROVISIONS.
and/or authorities and their board members, employees
and volunteers AUTHORIZEDREPRESENTATIVE
50 W 13th St �
DubuquelA52001 � �G�.��-[
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ELITE EXTENSIDN
This endorsement modifies insurance pravided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and
extensions of coverage. The pro�isions of the Coverage Farm apply unless modified by endorsement.
A. EXPECTED OR INTENDED INJURY The aggregate limit listed aba�e is the mast we will
Section I — Coverage A, Exclusion a. is amended p�Y for all damages because af "property damage"
as follows: to property in the care custody and control of or
property loaned to an insured during the policy
a. "Bodily injury" or "praperty damage" expected period.
or intended from the standpoint of an insured.
This exdusion does not apply to "bodily injury" Any payment we make for damages because af
or "property damage" resulting from the use of "property damage" to property in the care, custody
reasanable farce to pratect persons or property. and control of or property loaned to an insured will
apply against the General Aggregate Limit shown in
B. NON-OWNED WATERCRAFT the declaratians.
Section I — Co�erage A, Exclusion g.�2] is b. Our obligation to pay damages on your behalf
amended as follows: applies only to the amount of damages in
(2) A watercraft you do not own that is: excess of the deductible amount listed above.
(a} Less than 60 feet long; and We may pay any part or all of the deductible
amaunt listed aba�e. We may pay any part ar
(b� Not being used to carry person(s) or all of the deductible amount to effect settlement
property for a charge; of any claim or "suit" and upon notification by
C. EXTENQED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part
Section I —Correrage A, Exclusions j.(3J and (4) is of the deductible we paid.
amended to add the following: c. If two or more co�erages apply under one
Paragraphs (3) and (4) of this exclusion do not "flccurrence", only the highest per claim
apply to tools or equipment loaned to you, provided deductible applicable to these co�erages will
they are not being used to perform operations at apply.
the time of Ioss. d. Insurance provided by this pro�ision is excess
over any other insurance, whether primary,
SCHEDULE excess, contingent or any other basis. Since
Limits Of Insurance Deductible insurance provided by this endorsement is
excess, we will ha�e no duty to defend any
$5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by
$'10,000 Annual Aggregate this endorsement applies if any other insurer
has a duty to defend such a claim or "suit". If
a. The each occurrence limit listed above is the no other insurer defends, we will undertake to
most we will pay for all damages because of do so, but we will be entitled to the insured's
"property damage° ta praperty in the care, rights against all thase other insurers.
custody and control of or property loaned to an D. PROPERTY DAMAGE — ELEVATORS
insured as the result of any one "occurrence",
regardless of the number of: Section I—Co�erage A.2. Exclusions paragraphs
(1} insureds: j.(3), j.(4), j.�6] and k. do nat apply to use of
ele�ators, This insurance afforded by this provision
(2) claims made or"suits" braught; is excess over any valid and collectible property
(3) persons or organizations making claims or insurance (including any deductible) available to
bringing "suits". the insured and Section IV—Commercial General
Liahility Conditions paragraph 4. Other
Insurance is changed accardingly.
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6
E. FIRE, LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becames effecti�e
Except where it is used in the term "hostile fire", the during the policy period; and
ward fire includes fire, lightning or explosian b. Executed prior to an "occurrence" or
where�er it appears in the Co�erage Farm. offense to which this insurance would
LJnder Section I — Coverage A, the last paragraph apply.
(after the exclusions} is replaced with the following: Howe�er, the insurance afforded to such
Exclusions c. through n. do not apply to damage by additional insured:
fire, smoke or leakage from automatic fire a. Only applies to the extent permitted by law;
protectian systems ta premises while rented to you and
or tempararily occupied by you with permission of b. Will not be broader than that which you are
the owner. A separate limit of insurance applies to required by the contract ar agreement to
this coverage as described in Section III — Limits pro�ide for such additional insured; and
of Insurance.
F. MEDICAL PAYMENTS c. Applies only if the person or organization is
not specifically named as an additional
If Section I — Coverage C. Medical Payments insured under any other pro�ision of, or
Co�erage is not otherwise excluded from this endorsement added to, 5ection II — Who
Co�erage Form: Is An Insured of this policy.
The requirement, in the Insuring Agreement of 2, As pravided herein, the insurance coverage
Caverage C., that expenses must be incurred and pro�ided to such additional insureds is limited
reported to us within one year of the accident date tfl:
is changed to three years.
G. SUPPLEMENTARY PAYMENTS a. Any Cantralling Interest, but anly with
respect to their liability arising out of their
Supplementary Payments — Coverages A and B financial control of you; or premises they
paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or
following: accupy these premises.
1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural
because of accidents or traffic law �iolations alteratians, new construction and
arising out of the use of any �ehicle to which demolition operations perFarmed by or for
the Badily Injury Liability Ca�erage applies. We that person or organization.
do not have to furnish these bonds. p. Any architect, engineer, or sur�eyor
1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to
at our request to assist us in the in�estigation or liability for "bodily injury", "property
defense of the claim or "suiY', including actual damage" or "persanal and ad�ertising
loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your
time off from work. acts or omissions or the acts or omissions
H. SUBSI�IARIES AS INSUREDS of those acting on your behalf:
Section II —Who Is An Insured is amended ta add (1J In connectian with your premises; or
the following: (2] In the performance of your ongoing
1.f. Any legally incorporated subsidiary in which operations.
you own more than SD% of the �oting stock on With respect to the insurance afforded to
the effecti�e date of this policy. However, these additional insureds, the following
insured does not include any subsidiary that is additional exclusion applies:
an insured under any other general liability
This insurance does not apply to "bodily
policy, ar wauld ha�e been an insured under injury", "property damage" or"personal and
such a policy but for termination of that policy
or the exhaustion of that policy's limits of advertising injury" arising aut af the
liability. rendering of or the failure to render any
professional ser�ices by or for you,
I. BLANKET ADDITIONAL INSURE�S — AS including:
REQUIREQ BY CONTRACT �I The re arin a rovin or failin to
� 1 p p 9, pP J� J
1. Section II —Who Is An Insured is amended to prepare or approve, maps, shop
include as an additional insured any person{s) drawings, opinions, reports, sur�eys,
or organization(s) subject to provisions in field orders, change orders or drawings
Paragraph 2. below, (hereinafter referred ta as and specifications; or
additional insured) when you and such
person(s) or organization(s) have agreed in a (21 Supervisory, inspection, architectural or
written contract or written agreement that such engineering activities.
persan(s) or organization(s) be added as an
additianal insured on your policy pro�ided that
the written contract or agreement is:
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6
This exclusion applies e�en if the claims This insurance does not apply to:
against any insured allege negligence or a "Bodil in ur
ather wrongdoing in the supervision, hiring, � � Y J Y", "property damage" or
employment, training or monitoring of "persanal and ad�ertising injury"
athers by that insured, if the "occurrence" arising aut of operatians perFormed
which caused the "bodily injury" or for the federal go�ernment, state or
"property damage", or the offense which municipality; or
caused the "personal and advertising (b] "Bodily injury" or "property damage"
injury", invol�ed the rendering of or the included within the "products-
failure to render any professional ser�ices campleted operatians hazard".
by or for you, e. Any �endor, but only with respect to "bodily
c. Any manager or lessor of a premises injur�' or "property damage" arising out of
leased to you, but only with respect to "your products" which are distributed or sold
liability arising out of the ownership, in the regular caurse af the vendor's
maintenance or use af that part of a business.
premises leased to you, subject to the With respect to the insurance afforded to
fallowing additianal exclusions: these �endors, the following additional
This insurance does not apply to: exclusions apply:
('I] Any "occurrence" which takes place ('I} The insurance afforded any vendor does
after you cease to be a tenant in that not applyto:
premises. (a) "Bodily injury" or "property damage"
(2} 5tructural alterations, new construction for which any vendor is obligated to
or demolition operations perFormed by pay damages by reason of the
ar on behalf of such additional insured. assumption of liability in a contract or
d. Any state or go�ernmental agency or agreement. This exclusion does not
subdi�ision or political subdi�ision, subject to apply ta liability for damages that any
�endor would have in the absence of
the following: the contract or agreement;
(1] This insurance applies only with respect
ta the following hazards for which any (b) Any express warranty unauthorized
state or go�ernmental agency or by you;
subdi�ision or political subdivision has (c) Any physical or chemical change in
issued a permit or authorization in the product made intentionally by
connection with premises you own, rent any�endor;
ar contral and to which this insurance (d) Repackaging, except when
applies: unpacked solely for the purpose of
(a) The existence, maintenance, repair, inspection, demonstration, testing,
construction, erection or removal of or the substitution of parts under
advertising signs, awnings, instructions fram the manufacturer,
canopies, cellar entrances, coal and then repackaged in the original
holes, driveways, manholes, container;
marquees, hoist away openings, (e) Any failure ta make such
sidewalk vaults, street banners or inspections, adjustments, tests or
decorations and similar exposures; servicing as any vendor has
or agreed to make or normally
(b) The construction, erection or undertakes to make in the usual
removal of eleWators; or course of business, in connection
with the distributian or sale of the
(c] The ownership, maintenance or use products;
af any ele�ators ca�ered by this
insurance. (t] Demonstration, installation,
servicing or repair aperations,
(2) This insurance applies only with respect except such operations performed
to operations perFormed by you ar on at any vendor's premises in
your behalf for which any state or connection with the sale of the
governmental agency ar subdi�ision or product;
political subdi�ision has issued a permit
arauthorization. (g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container,
part or ingredient of any other thing
or substance by or for any vendor;
or
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6
(hy "Bodily injury" ar "property A persan's or organization's status as an
damage" arising out of the sole additional insured under this endorsement
negligence of any �endor for its ends when their contract or agreement with
own acts or omissions or those of you for such leased equipment ends.
its emplayees ar anyone else With respect to the insurance afforded to
acting on its behalf. Hawe�er, this these additional insureds, this insurance
exdusion does not apply to: does not apply to any "occurrence" which
(i) The exceptions contained in takes place after the equipment lease
Subparagraphs (d) or (f�; or expires,
(ii) Such inspections, adjustments, i. Any Owners, Lessees, or Contractors for
tests or ser�icing as any whom you are pertorming operations, but
vendor has agreed to make or only with respect to liability for "bodily
normally undertakes to make in injury", "property damage" or"persanal and
the usual course of business, ad�ertising injury" caused, in whole or in
in cannection with the part, by:
distribution or sale of the (�] Your acts or omissions; or
products.
(2) This insurance does not apply to any (21 The acts or omissions of those acting
insured person or organization, from on your behalf;
whom you have acquired such in the performance of your ongoing
products, or any ingredient, part or operations for the additianal insured.
cantainer, entering into, accompanying A person's or organization's status as an
or containing such products, additional insured under this endorsement
f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that
only with respect to their liability as additional insured are completed.
mortgagee, assignee, or recei�er and With respect to the insurance afforded to
arising aut of the ownership, maintenance, these additional insureds, the following
or use of the premises by you, additional exclusions apply:
This insurance does not apply to structural This insurance does not apply to:
alterations, new construction and
demolition aperatians performed by or for ('�) "godily injury", "property damage" or
that person ar organization. "personal and advertising injury" arising
g. Any Owners Or Other Interests Fram out of the rendering of, or the failure to
Wham Land Has Been Leased, but only render, any professional architectural,
with respect to liability arising out of the engineering or surveying services,
awnership, maintenance ar use of that part including:
of the land leased to you. (a] The preparing, approWing, or failing
With respect to the insurance afforded to to prepare or appro�e, maps, shap
these additional insureds, the following drawings, opinions, reports,
surveys, field orders, change
additional exclusions apply: orders or drawings and
('I] This insurance does not apply to: specifications; or
(a) Any "occurrence" which takes (b) 5uper�isory, inspection,
place after you cease to lease that architectural or engineering
land; acti�ities.
(b) Structural alterations, new This exclusion applies even if the claims
canstruction or demolition against any insured allege negligence or
operations perFormed by ar an ather wrongdoing in the super�ision, hiring,
behalf of such additional insured, employment, training or monitoring of
h. Any person or arganization from whom you others by that insured, if the "occurrence"
lease equipment, but only with respect to which caused the "bodily injury" or
liability for "badily injury", "property "property damage", or the offense which
caused the "personal and ad�ertising
damage" ar "personal and ad�ertising injury", invol�ed the rendering of or the
injury' caused, in whole or in part by your failure to render any professional
maintenance, operation or use of architectural, engineering or surveying
equipment leased to you by such person(s)
or arganization(s). ser�ices.
(2) "Bodily injury" or "property damage"
occurring after:
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6
(a} All wark, including materials, parts This endorsement shall not increase the
or equipment furnished in applicable Limits of Insurance shown in the
cannection with such work, on the Declarations.
project (other than service, �, CDVERAGE FOR INJURY TD CO-EMPLOYEES
maintenance or repairs) to be qND10R YOUR OTHER VOLUNTEER WORKERS
performed by or on behalf of the
additional insured(s} at the locatian Section II —Who is an Insured, paragraph 2.a. (1y
of the co�ered aperations has been is amended to add the following:
completed; or e. Paragraphs (a), (b), and (cJ do not apply to
(b} That portion af "yaur wark" aut of your "employees" ar "�alunteer workers° with
which the injury or damage arises respect to "bodily injury" to a co-"employee" or
has been put to its intended use by other"�olunteer worker".
any person or organization other Damages owed to an injured co-"employee" or
than another contractor or "�olunteer worker" will be reduced by any
subcontractor engaged in amount paid or a�ailable to the injured co-
perForming operations for a "employee" or "volunteer worker" under any
principal as a part of the same other Walid and collectible insurance.
project. K. HEALTH CARE SERVICE PROFESSIQNALS AS
j. Any Grantor of Licenses to you, but only INSUREDS - INCIDENTAL MALPRACTICE
with respect to their liability as grantor of Section II —Who is an Insured, paragraph 2.a. ('I)
licenses to you. (d) is amended as follaws:
Their status as additional insured under This pra�isian daes nat apply ta Nurses,
this endorsement ends when: Emergency Medical Technicians, or Paramedics
1. The license granted to you by such wha pra�ide professional health care ser�ices on
person(s) or organization(s) expires; or your behalf,
2. Your license is terminated or re�oked Howe�er this exception does not apply if you are in
by such person(s) ar organization(s) the business or occupation of providing any such
prior to expiration of the license as professional ser�ices.
stipulated by the contract flr L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
agreement.
k. Any Grantor of Franchise, but only with Section II —Who Is An Insured, paragraph 3.a. is
respect to their liability as grantar af a replaced by the follawing:
franchise to you, 3.a. Co�erage under this pro�ision is afforded until
I. Any Ca-owner of Insured Premises, but the end of the policy period.
only with respect to their liability as co- This provision daes nat apply if newly formed or
awner af any insured premises. acquired organizations coverage is excluded either
m. Any Concessionaires Trading Under Your by the provisions of the Coverage Form or by
Name, but only with respect to their liability endorsements.
as a concessionaire trading under yaur M. DAMAGE TO PREMISES RENTED TO YOU
name, Section III — Limits of Insurance, paragraph 6. is
3. Any insurance provided to any additional replaced by the following:
insured does not apply to "bodily injury", Subject to 5.a. abo�e, the Damage To Premises
"praperty damage" or "personal and ad�erkising Rented To You Limit, or �r��;��; whiche�er is
injury" arising out of the sole negligence or higher, is the most we will�-pay under Co�erage A
willful misconduct of the additional insured or its for damages because of "praperty damage" to any
agents, "employees" or any other one premises, while rented to you, or in the case of
representati�e of the additional insured. damage by fire, smoke or leakage from automatic
4. With respect to the insurance afforded to these protection systems, while rented to you or
additianal insureds, the following is added to temporarily occupied by you with permission of the
Section III—Limits of Insurance: owner.
If co�erage pro�ided to any additional insured N. MEDICAL PAYMENTS—INCREASED LIMITS
is required by a contract or agreement, the Section III — Limits of Insurance, paragraph 7. is
most we will pay an behalf af the additional replaced by the following:
insured is the amount of insurance: 7, �ubject to paragraph 5, abo�e, the Medical
a. Required by the contract or agreement; or Expense Limit is the most we will pay under
b. A�ailable under the applicable Limits of Co�erage C for all medical expenses because
Insurance shown in the Declarations; of "bodily injury" sustained by any ane person,
whiche�er is less. and will be the higher of:
�a1 ��_�;:#���;:;or
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6
(b] The amaunt shown on the ❑eclarations of Q. UNINTENTIONAL FAILURE TO DI5CL05E
this Co�erage Part for Medical Expense EXPOSURES
Limit. Section IV — Commercial General Liahility
O. DUTIES IN THE EVENT OF OCCLIRRENCE, Conditions paragraph 6. Representations is
OFFENSE, CLAIM OR SUIT amended ta add the follawing:
Section IV — Commercial General Liability If you unintentianally fail ta disclase any exposures
Conditions paragraph 2. is amended to add the existing at the inception date of your policy, we will not
following: deny ca�erage under the Co�erage Form solely
e. The requirement in Condition 2.a.that you must because of such failure to disclose, Howe�er, this
see to it that we are notified as soan as pro�ision daes not affect our right ta collect additional
practicable of an "occurrence" or an offense premium or exercise aur right of cancellation or non-
which may result in a claim, applies only when renewal.
the "occurrence" or offense is known to: This pravision does not apply to any known injury
('I] You, if you are an individual or a limited or damage which is excluded under any other
liability company; pro�isian of this palicy.
(2) A partner, if you are a partnership; R. WAIVER OF TRANSFER DF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
(3] A member or manager, if you are a limited
liability company; Section IV — Commercial General Liability
Condition paragraph 8. Transfer Of Rights Of
(4) An "executive officer" or insurance Recovery Against Others To Us is amended ta
manager, if you are a carparatian; or add the following:
(5) A trustee, if you are a trust. We wai�e any right of recovery we may ha�e
f. The requirement in Condition 2.h, that you against any person ar organizatian against wham
must see to it that we receive notice of a claim you ha�e agreed ta waive such right of reca�ery in
or "suit" as soon as practicable will not be a written contract or agreement because of
cansidered breached unless the breach occurs payments we make for injury or damage arising out
after such claim or"suit" is known to: of your ongoing operations or "your work" done
(�I] You, if you are an individual or a limited under a contract with that person or organization
liability company; and included in the "products completed operations
(2) A partner, if you are a partnership; hazard".
(3] A member or manager, if you are a limited S• MENTAL ANGUISH
liability company; Section V—Definition 3. is replaced by the following:
(4] An "executi�e officer" or insurance "Bodily injury" means bodily injury, sickness or
manager, if you are a corporation; or disease sustained by a person, including mental
(5) A trustee, if you are a trust. anguish or death resulting from bodily injury,
sickness or disease.
P. PRIMARY AND NONCONTRI6UTORY —
ADDITIONAL INSURED EXTENSION T. LIBERALIZATION
Section IV — Commercial General Liability If we revise this endorsement to provide greater
Conditions paragraph 4. Other Insurance is ca�erage without additional premium charge, we
amended to add the following: will autamatically pro�ide the additional co�erage ta
all endorsement holders as of the day the re�ision
This insurance is primary to and will not seek is effective in your state.
contribution from any other insurance a�ailable to
an additional insured under your policy pro�ided
that:
('I) The additional insured is a Named Insured
under such ather insurance; and
(2) You ha�e agreed in writing in a cantract ar
agreement that this insurance would be primary
and would nat seek contribution fram any other
insurance a�ailable to the additional insured,
Hawe�er, if the additional insured has been
added as an additional insured on other
policies, whether primary, excess, contingent or
on any other basis, this insurance is excess
a�er any other insurance regardless af the
written agreement between yau and an
additional insured.
CG7578(5-15) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6
COMMERCIAL GEf�ERAL E.IABILITY
CG24140A13
THIS END�RSEMEiVT CHAf�GES THE POLICY. PLEASE READ IT CAREFULLY.
������ �� ������������ ��������
This encforsement modifies insu�ance provided under the following:
COMMERCIA� GENERAL LIABILITY COVERAGE PAR�
QWN�RS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
RAILRDAO PROT�CTIVE LIABILITY COVERAGE PART
We wilf wai�e, both in the adjustment of claims and in
the defense of "suits" against the insured, arty
ga�ernmental immunity of the inst�red, unless the
insured requests in writing that we not do so.
Waiver of immunity as a defense will nat subject us to
liability far any portion of a claim ar judgment in
excess of the applicable kimit of insurance.
CG 24 14 U4 13 � insurance Services Office, Inc., 2012 Paae 1 of 1