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Dubuque Water Ski Club Lease AgreementTHE CTTY pF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease with the Dubuque Water Ski Club DATE: April 15, 2008 Dubuque pN,Am~al~ly ~~~-~ 2007 Leisure Services Manager Gil Spence recommends City Council approval of a one-year lease with the Dubuque Water Ski Club. I concur with the recommendation and respectfully request Mayor and City Council approval. M~ hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisue Services Manager THE CITY OF Dubuque -~ D~ TR ~i A~-AmedcaCA1- ~.J L L Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Managers., SUBJECT: Lease with the Dubuque Water Ski Club DATE: April 15, 2008 INTRODUCTION The purpose of this memorandum is to request City Council approval of the annual lease with the Dubuque Water Ski Club for a section of Schmit Island. DISCUSSION The Dubuque Water Ski Club has leased a section of Schmitt Island, next to Heron Pond by the Hilton Garden Inn, for many years. The attached lease agreement is the same as last year's agreement and has worked very well for both organizations. Main points of the lease include: • Annual lease with $500 rental fee • Club is responsible for building and grounds maintenance except the City mows the grass and picks up the trash. • Club members pay 50% of the per night camping fee at Miller Riverview Park to camp on the leased grounds. Camping units are limited to 6 on site and stays are limited to not more than 30 days. • Overnight parking of boats is limited to 8, two work boats, and one Dragon Boat. The Club has worked hard to improve the appearance of the leased area the past few years and has worked with the Dragon Boat Association on shared use of the leased area. They also work with our department to offer water skiing lessons for children. ACTION STEP The action step is that the City Council approve the attached lease agreement with the Dubuque Water Ski Club. GDS:et attachment LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE WATER SKI CLUB This Lease Agreement, dated for reference purposes the2lst day of April 2008, is made and entered into by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Water Ski Club (Club), whose address for the purpose of this Lease is 1980 Amelia Drive, Dubuque, Iowa, 52001. WHEREAS, City is the owner of Miller Riverview Park the Park); and WHEREAS, Club desires to lease the section of the Park shown on Exhibit A (the Leased Premises) from City to operate a water ski club; and WHEREAS, it is deemed to be in the best interest of both parties to this agreement and to the public in general that. Club lease the Leased Premises. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a term of one (1) year, commencing at midnight on April 30, 2008, and terminating at midnight on April 30, 2009. SECTION 2. RENT. The annual rental of $500.00 shall be paid to City on or before the 1st day of May, 2008. SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the term of the Lease Agreement, the Leased Premises shall be used exclusively for recreational and conservational purposes and associated activities. Club shall not allow the Leased Premises to be occupied or used by any other individual, group, organization oragencywithoutthe priorwritten permission of City's Leisure Services Manager. SECTION 4. GROUNDS AND BUILDING MAINTENANCE. 4.1 Club shall be responsible for and shall perform all roadway maintenance deemed necessary by Club from the access point from the Hilton Garden Inn parking for Club's use. 4.2 Club shall be responsible for and shall perform all grounds maintenance and maintenance of improvements on the Leased Premises, including but not limited to 032607ba1 walkway, tree, flowerbed, and general grounds maintenance. City shall mow the grass in the Leased Premises area, but Club shall trim around all trees, buildings, campers, boats, and other obstructions. 4.3 Club shall be responsible for all building maintenance and maintenance of improvements, including but not limited to interior and exterior building repair and painting, heating system maintenance, plumbing, electric, roof repair and maintenance, and pest control. 4.4 Any improvements made by Club shall remain on the Leased Premises upon termination of this Lease and shall then become the property of City. Club shall not make any material improvements or modifications to the Leased Premises without the prior written approval of City's Leisure Services Manager, which approval shall not be unreasonably withheld. 4.5 All improvements made by Club shall be built, erected and maintained in strict conformity with all applicable federal, state or municipal statutes and ordinances, and rules and regulations of the Park and Recreation Advisory Commission of City. SECTION 5. UTILITIES AND REFUSE. Club shall pay when due all costs of all utilities serving the Leased Premises. City shall remove trash from the Leased Premises on Mondays and Fridays, Memorial Day through Labor Day. SECTION 6. MANAGEMENT AND CONTROL. 6.1 It is agreed and understood that sole management authority and control of the Leased Premises, for and within the use stated in Section 3, shall be with Club. 6.2 Club agrees that all monies and contributions derived from the use of the Leased Premises shall be used to operate, maintain, and improve the Leased Premises. SECTION 7. CONTROL AND ACCESS. 7.1 Club shall have the authority to limit general public access to the Leased Premises to best suit its purposes. Club shall make every reasonable effort to: (1) Prohibit overnight camping except by Club members who have paid 50% of the per night (non-electric) camping fee to the manager of Miller Riverview Park. (2) Limit camping units to six allowed on site at any one time and to limit any stay to no longer than thirty (30) consecutive days. At the end of a thirty-day stay, Club shall require that a camper must leave the Leased Premises for at least afive-day period. Club shall require that all camping units be in the same location, that location being agreed upon by Club and City's Leisure Services Manager. 032607ba1 2 (3) Restrict overnight parking of boats to eight boats used for water skiing; two work boats; and one Dragon Boat between Memorial Day and Labor Day. Club shall require that all boats be in the same location, that location being agreed upon by Club and City's Leisure Services Manager. (4) Police the Leased Premises to assure that no vehicles, other than City authorized vehicles, are allowed access to the wetland area; 7.2 Club agrees not to dump or allow to be dumped any trash, sweepings, or other waste material, in the channel along the Leased Premises, or on the banks thereof in such a manner that the same may readily be washed into the channel. Club shall allow access to the Leased Premises for utility service installations, subject to approval by City's Leisure Services Manager. Club's water system shall be tested by City's Health Services Manager at the request of Club or City, and a certificate of testing shall be filed with City's Leisure Services Manager. 7.3 Any rights granted herein to Club are further subject to right of City, or its authorized agents or contractors to enter upon the Leased Premises to carry on any work or activity necessary in connection with the construction of flood control works or devices, or the clearing of obstructions in the Peosta Channel; 7.4 Club shall not use the Leased Premises for commercial purposes, except for such purposes which are related to Club's designated sport of waterskiing. Commercial uses of the Leased Premises shall be prohibited except at special water show events sponsored by Club, but only upon prior written notification to and approval by City's Leisure Services Manager and upon such terms, including appropriate additional insurance coverage, as may be required by City's Leisure Services Manager. 7.5 Club shall provide padlocks for the control gate and shall distribute keys to its members. A padlock provided by City will also be provided to allow access for City staff. The three-piece chain used to secure the gate will be provided by City. 7.6 Any special events on the Leased Premises must have prior approval of City's Leisure Services Manager and a special event permit as required by City. SECTION 8. INSURANCE. Club shall provide insurance during the term of this Lease Agreement as required by the attached Insurance Schedule. SECTION 9. INDEMNITY. Club agrees to defend, indemnify and hold harmless City, its officers and employees, from any and all damages or claims whatsoever, to persons or property, by reason of Club's use of the Leased Premises. 032607ba1 3 SECTION 10. ASSIGNABILITY. Club shall not assign or transfer any interest in this Lease Agreement without the prior written approval of City. Such prohibition includes contracts with third parties for custody, management or operation of the Leased Premises or any part thereof. SECTION 11. TERMINATION. 11.1 In the event either party shall fail to keep, perform and observe in a timely and proper manner any of its covenants or obligations under this Lease Agreement and any such violation shall not be cured or remedied within thirty (30) days after the date the party receives written notice from the other party of such failure or violation (or, if not practicable to cure or remedy such failure or violation within such thirty-day period, within such longer period as shall be reasonable under the circumstances, and as shall be specified in such notice), then, in such event, the other party may, at -its option, terminate this Lease Agreement, by written notice to the other. Upon termination, City shall have the right to re- enterthe Leased Premises and to assume exclusive use and control thereof. 11.2 This Lease Agreement may also be terminated by City upon sixty (60) days written notice to Club if the Leased Premises or any part thereof is sold or the Leased Premises or any part thereof is needed for any purpose deemed appropriate by City in its sole discretion. 11.3 Upon termination of this Lease Agreement, for any cause whatsoever, Club, at the option of City, agrees to surrender possession of the Leased Premises. in its condition as when first leased, or to restore the Leased Premises to substantially the same condition, ordinary wear and tear excepted. SECTION 12. INSPECTIONS. City reserves the right to conduct periodic inspections of the Leased Premises for the purpose of determining whether the terms and conditions of this Lease Agreement are being promptly and faithfully performed by Club. CITY OF DU UQUE, IOWA DUBUQUE WATER SKI CLUB By: Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 032607ba1 4 INSURANCE SCHEDULE INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non-payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunity Endorsements. 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 This coverage shall be written on an occurrence, not a claims made form. Form CG 25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 0001, or Business Owners form BP 0002, shall be clearly identified. Governmental Immunity Endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies using ISO endorsement CG 20 26 0704 "Additional Insured -Designated Person or Organization," or it's equivalent. -See Specimen b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Coverage to be determined on a case by case basis by Finance Director. Completion Checklist ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured 20 26 07 04 ^ Governmental Immunities Endorsement CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Pt3llCY NUMT~F'tt CCNVIfMERCU+~A. GF.riERAL uARILfTY c~z za ~s r'Ir ao TH1S ENDORSEMENT GwAM~GES rHE F'O~.1CY. PLEASE READ IT CAREFULLY. AD~?ITIQhIAL INSUREa - QESIGIdATED PEftSt3N QR ~1F~GI~IVIZATIC~N This et~dorsemerrt modifies irisuranae provided under Ehrs ~nllanirig: [.7CjPAME~CCIAL GEh1EFi+~L Lt%+731E.ITY Cp11ERP,GE PART SCHEDULE Name pf Ikdlditianal Insured Fer^sor~(s~ Or prganlzaticn~s~~ The Ci_.y of Dubuque, irteludin9 III its 21e;.t.en and a~poinr.~cl ~a(fi~:ials, all ins en~loree5 and ~~ulur7teers, dll i*s tx7ar•ds, ten~ni~sions and jar authorities acrd their tr~arrt ~iam#~ers, e~mpttry~~s and wc~lunteers, rf $H:lign ME - Who Is An hsu-~d is anerded 1G in- clude eg sn edditlana insarodthc p~xx;ror'r,M} cx c~r~-ani ~tionSsj sFvat*~n in the S~hect~ui~, but antyr uvish reepeci M Irabrrrh~ fnr "h+n'Jil~y~ in}ury". "~rnpely gem3ge" r5r "persArssl a*~d advar~sir'g injury" caused, is whc{Q qr in kart.. ~y y~€wr arts or amissior~~ ar the acts or orrs~- gfar~ oA mase acing on your tsehal€: A, la the perforsnence of youranpar~ asaer~tiors: ar i3. to connection sailh y~xur premises Owned by or ~en1~ fn ~nri abtrre, ~rdll be ~• ""_ '_ ~: ~w 4 , •, r.~ ]n as m na ~ 9Sd P.oaerwes inc.. 2~~64 Psge 1 of t ^ _.- _ AC©~, CERTIFICATE C3F LIABILITY INSURANCE _ °'"""`°n"Y""' oz~z~sfz4os rNwN=eN ~563]S56-Q27Z FAK (,Sfi3jS56-44L5 1NSU1{J~P//L..t ~YGENIY ~ 114tt i ,4t1dRE55 _ TH18 CER3IFICATE IS ISSUED A5 A N4~tTTER OF INFORMA7MON OMLY AIID [:lT1~ER5 NID RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEItEFIGATE I?dE8 NQ7 A/AEND, EJ('fBVO OR ALTER klf CQVERAGE AF'FDI~mED DY THE. POLI4JE~ B~ELQW, CtIYf 51 ATE, ZIP CDOE " - - - - INSIIRtRS A!'f dRDING COVERAGE ~ NA1G 11 NI gurie~ +CLrptnp ~..I•r;a ~ In~u~a nee ~tHllp-any _ ___ Street Addr•uss r~..wrK~J LiZq~ SitA1a. 71p f,»de rav.,ia ~i. ............. 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LIJI:JiIIVNN (4NNIClki I f4~LJSCWS ~COCl1 OY 4J[IC170GNGMT 1lrtiloL T3'A8lGf7d fHE CITY OF DLJBUOUE I5 Li5TE0 A5 A'A ADDITIONAL IItSURED ON GENERAL LIt~2BILTTT P'[ll IC'Ik + uSInG ISO E.NDORSE- IENT FORff CG 20 25 Ql Q4 "AIJDETIONAI- 1NSUkEO-DESIGNATED PERSON OR OfbG,4ViZATD~i" QR ITS EQ!IIIYILANi. ;EMERAL LI~18IL1TY POLICY IS PRIMARY AND NOIV-CflNTRIBUTIhG. FUR}4 CL 2S 04 b3 ~J> "I]ESIGNAIFD LiK2tiTL0~15" ENERAL LL46ILITY AGGREG4TE lIN2T SlWLL BE INCLUDED, flDI~EfL1l~NTAL IMMUN[IiES tML1O1[SE7IENT LS INCLIQED. ILL POLICIES SHM1LL 8E CND1025En T[- P6RYJ~It}E 30 DAY ADVANCE NOTICE OF G4NCLLLATIt1N T6 CITY OF DuDUQUE rcvrmrare oar {~ r71a nwu.~~ii aTenu BHIXLE 1WY{3F TXE:A@0'JE OE9CgB[D F9L'GICS li" cr,gcaLeo 1707 uit INf: E%PIRAIn61'! GATE TNERE~, THE ISELINR TVSUR~ 1NI1.1 IPiIiF7O0GlIT(I NJIL p~yy ~ C~Y DF DUBWUE -..~~ Ttb.YE YJFITTFII ilOlTCE 7Sf TiE GFK-IFtdTFtH7 nIR J1.tYlb TL i*H: LYYT, aTY HALL Kame~lwt~tlcx~e[rx~x>txx S4 W, 13TH STREET 1I3rI~ohNxMKIeMIIG~gtl~iE%XX%~?fX%X7G Ulklll~lt, l~l S2(IOI xmnnaceelerllJSeNYaslre ~g ACORL7 26 12009:081 B.NCd:RD CDRPORJ4TIOI'11983 INIPt3!'t7A1VT It the 4a~rtitt@ h41~ Iw an RDDI~I IOt1TiL IN~UkEG.1kw µu4iR:~firixa naasl k~ eeskr~~e,+f. A sl~teetireiri un ibis ewrt~~te dDeg ntrt confer rtgtr~ ro tha ce3rtificat~ hnlrter in lirri of eznli ryukor~enlesle(s}. If SUBRQG+0.TIi7N 15 YrANED, sutrlert to lfie Berria drtd wnditic~r~ ~rf Il~~ N'clic~, x~slaiYr p~licles may+ rdquirrx gar ~8ntlprgerrPnt_ A statement on Shia cerrtitrc~,tc,,k]ra nut iaKdrN ,iylsly Is: Ils- sxilitiiailti holdtar in li@~i of aU~at endtxsemern(s). giSCLA#MER f he Carirrcat~ Of ¢nsc~an+'? r7n tl,e~ rPVprae aide of tars fxm does rwt uxtstilater a cwrdxavi 4e=l~xeu the Issuing insun3rt51, r'kAi$'arlt!e61 reptP5enG3flve or Faac]rx;er, and fFie carl~calra I~rrd~•, ~~.n ,Is.,~c it attrrmatively Ur ndyallivr~y ~(14'~, @x>iend oradber Irks coxerage a(fordert txp 7t~e pali~ins IisJk..l Ileri run SPECIMEN AcoRa 2tS fx~otrQa~ FOLICt' WUUIBGfI. C4MMERI~IAI GENEfiAL LIRf3flITY ~~# 25 {}4 t15 f17 THIS ENDt~R$EMENT CH,i4NlG~5 7HE PC?LICY. PEASE REAL? ITfrAREFULLY, DES~I~IVATED L~CATION~~) GENERA. AGGREGATE L114AIT Thus anrlurs~-ttarrt maiilie_9 ~a3rar.3nrn Ixnyirl~fl undtY the tciterrring: RGIAL ENERAL LI.hF3il ITY Ce:]t~E~AGE P,4RT ~~ 1rOMR,tE G SCHEDULE Oesigriat~d t_otstian{aJ: j jlt na txrtr,~ 2ppaars atvave. trfgmtaticn required t©camplr-te this enment aril hr ~1u~nvn in thQ Caerelaratians as ~zSptcabte tci ;}t. enetar~+~n~t.h k. For all gums tw~hi€:ta the insured berrrt7a=r It;r~trll~ 4hiigated ire fray as damages caused b71 "occurranr.Pa' undFx !:(l'~'FRAf;F_ A fSE~TIQM fi. and fo• all rrA:cliral ea~aens~es caused b'~ acc- dents under COVF3L4tiE G fTaECTiQIV I), 1Yhtv't can tae attridl>6ed only to vperatians of a sim~?e deisigrtated "'Ipcafivn" shown in the Sc~duia ana~ne: 1. ~+ se~rat~ Dssig~~! Lcxaivn Genersf f,~gregate ~~irnit apPGes tv each des~nat~d 'lvcaioon', acrd lht3t unit La ~r.~l Cq Ute ztaniuid of ttin Gerrtaral Aggregate Lim t sharrn in the Oeclerations ~ Th€: ~sign~tEd LoratiDxt C~rrpr>3' ~gr~eg~le t aril is lti~ ntusl ^,va will pay F[ar the sum at all dernages urxler GCy~tffi,C .~1, cxcc~t d8rrr ages because a! "bodily ittjt~ry+' or "propari}; darttage' lncludeci ir, the'pr~edu~te-cti~mpleted rJpefativns hazardT, anti for rnedical ax~erses under GC}VER~GE G resfardless of the num- Ger cif: a, 'nsufecls. fa. G:iaims made or'~uit~ Lru+ryt i. ur c. t?ersorrs Cr 4r~3nizra^innR mrtkin~ ci~~rrts tar hri~gktg "SUItS`. 3. Arty paymerYts made under t;OVEf~?.vE A kar aamag~ nr under CfJVEiZ0.GE G for m~~ir~rt e~e°tses Sh2ri1 reduce tte Desig- nated l0e~tir3ri Ga~ral A}ILaitagate Lirnil for fha- daaigraryted 'lae:atipn". :.itch parmrnis shall ftv4 teduraa iha Genera ~grte lsittit ahrwn in tlrra f~rx~laralinn>x nor r~tall thcry re- duce any voter Designated L.crtai:itan >`ienprral ~tggre~ata Limit ftar lt'ty ;aver dr~dgrts@eA 'kxatian' Shawn in the ~uchtxl~ie aba+re. ~. The fimida ghvwrt in tfie C+eclarat~can~ tear F~ch {?ecuxr€vtr~a F7re Ds~trag~ and Medict'tl Lx- lrers~ continue to apply. itGwever; ,nstead csf being subject ~ the CSenrral ,4ytgrEtgata Lirrit SIt~`6'f' in lf>d decfawdti9n3, su~cn Ilrriits W";~ b3 5ulai~tY iv thn ~ppiKdt>fa 7esigta*a;i ! ~rr~Ign Canerel Ag~te~dte~ I knit B. Fa III areas wha:li tt~e iir~red t~oomes legatty ohiigated tCr pay &3 demagea cauarxl by 'carx:urrs:~cee" under ~4VERAGE A ;SECTIC)N 1~, aru9 fa atl medical sx(acx~S ~auRCxi by ami~ dents under CA',~ERkGE C (SECTIOf+! 1? whch eanrwt be ?;tUibuted onty to rsperatort5 at a sln- qle dlesi3r>etQd 'taoeNrm` shanvn in the ScfieduGe ~ttx~va. 1, A~ p~yrrer~trr made under COVERAGE A for dartages a .~nQer COVERAGE C `nr igtediral expenses shall reduce the arntarnt a~'a~lsale una'er the Geix~rral Aggregate Llmlt ~r ~e Produws-Gtx-iNICte7d G7per'atans Rg- grog~te Link vvllir~ever is appliyeblo; and 2 We.Sxl paynteris shalt opt redur:e any D6slgnaroad Ltxation GenaralA{~yrc:~dtn l.riiit. C. When coverage Fur titsaitily rlri4rK,~ (~4~' cf the 'pTaducts Completed operciiona haxar+d' ie pro- uiced, erti}r paymeni9 for daa-ages beo~use ~f "badly injury" ur 'prcpert3r da~rnage" nGudedrn the `praductacomRleted oaerali4ns ha~and' will r+eduCe lbe PrsxtuGs~ompte4ed t]paiatinrw ,A~- 9mgafa Limit, a*~d not redu~oe the Genel'al ,'~_ g ate umR nor me Uesn~nated Lr~ratdan G~en- er2ti ~tggr~egale Limit. D. Far the pu~pcxses of this endorsement. the t?efi- nitlana Sec'ian is ~-e~?d by the addition of fhe faFtcuving definihvrxe: 'Lo~calibrt" means pn~nises >flvoiv ng tt~e same ar ecnnecung tots, or prerrtiRras w connec- tlon IS Inte-ru~ted onNj by a sree#. raada•:ry. rra- tenvay flr right-cf way of a railroad. E, 1 he pfavls~ons of in~T.a fJf Insurance (~ECi1+D~l ilt7 nit otterwise modified 6r this endaiser~ierat shall c~*ztinue to appfg as atipulatcC. Exhibit A