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Usage Agreement with Clarke College for Veterans' Memoral Park Field 2THE CITY OF Dubuque DUB E A~~~~~~ 1 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Usage Agreement with Clarke College for Veterans' Memorial Park Field 2 DATE: December 28, 2009 Acting Leisure Services Manager Pat Prevenas is recommending City Council approval of the Usage Agreement with Clarke College for softball field 2 in Veterans' jVlemorial Park. Highlights of the agreement are: • Three-year agreement, no fee. • Clarke will pay all costs of supplies, utilities, fuel and any other cost associated with their use of the field. • Any improvements Clarke College would like to the field will be done at their sole expense. • Signage shall not be placed without approval of the City Manager and will be displayed only during times when the College is using the field. • Clarke will prepare the field for their play and maintain the area around the field. • Clarke will not have exclusive use but will be given scheduling priority. Their use will not conflict with the City's use. I concur with the recommendation and respectfully request Mayor and City Council approval. `~.-.. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Patrick J. Prevenas, Acting Leisure Services Manager THE CTTY pF Dubuque ~' DUB E ~'"~'~~~ ~ ~ Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Patrick J. Prevenas, Acting Leisure Services Manager ~c~~ SUBJECT: Usage Agreement with Clarke College for Veterans' Memorial Park Field 2 DATE: December 28, 2009 INTRODUCTION The purpose of this memorandum is to request City Council approval of the Usage Agreement with Clarke College for softball field 2 in Veterans' Memorial Park. DISCUSSION Clarke College would like a formal usage agreement for their softball teams' use of Field 2 in Veterans' Memorial Park. Clarke has used this field in the past but for the last several years they have used a field at the Dubuque Girls' Independent League Complex. Clarke wishes to return to Veterans' Memorial to be close to their campus and to partner with the City to improve the field. Highlights of the attached agreement include: • Three-year agreement, no fee • Clarke will pay all costs of supplies, utilities, fuel and any other cost associated with their use of the field. • Any improvements they would like to the field will be done at their sole expense. • Signage shall not be placed without approval of the City Manager and will be displayed only during times when the College is using the field. • Clarke will prepare the field for their play and maintain the area around the field. • Clarke will not have exclusive use but will be given scheduling priority. Their use will not conflict with our use. This arrangement will benefit the City because of the improvements Clarke College will make to the field. We have a similar arrangement with Loras College for the use of Petrakis Field and it has been very beneficial to both parties. ACTION STEP The action requested is for the City Council to approve the usage agreement with Clarke College for Veterans' Memorial Park Field 2. GDS:et attachment Preparers Patrick J. Prevenas Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. 3-l0 APPROVAL OF USAGE AGREEMENT WITH CLARKE COLLEGE FOR VETERANS' MEMORIAL PARK, FIELD 2 WHEREAS, the City of Dubuque, Iowa (City) is the owner of Veterans' Memorial Park, Field 2, all in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, Clarke College desires to use the property exclusively for college softball games and practices; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the Usage Agreement: NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; IOWA: Section 1. The City Council of the City of Dubuque, Iowa approves the Usage Agreement with Clarke College for Veterans' Memorial Park, Field 2. Section 2. The Mayor is hereby authorized and directed to sign this resolution and the Usage Agreement. Passed, approved and adopted this 4t" day of January, ?010. ~' ~// Roy D. Buol, Mayor Att t: feanne F. Schneider, City Clerk PK USAGE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CLARKE COLLEGE THIS USAGE AGREEMENT (the Agreement) dated for reference purposes the day of , 2009, is made and entered into between the City of Dubuque, Iowa, a municipal corporation (City) and Clarke College (College). SECTION 1. PREMISES AND TERM. 1.1. In consideration of the terms, covenants, conditions and agreements set forth in this Agreement, City hereby permits College to use the Veterans' Memorial Park, Softball Field #2, together with any and all easements and appurtenances thereto and subject to any easements and restrictions of record (the Premises), for a term of three (3) years commencing on January 1, 2010 and terminating at 11:59 p.m. on December 31 , 2013 subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Termination. Either party may terminate this Agreement for any reason with or without cause upon thirty (30) days written notice to the other party. Upon termination, City shall have the right to enter the Premises and to assume exclusive use and control of the Premises. Upon termination of this Agreement, College agrees to surrender possession of the Premises in its condition as when first permitted use, or to restore the Premises to substantially the same condition, ordinary wear and tear excepted. 1.3. Condition of Premises. City shall deliver and College accepts the Premises in its "as is" condition. SECTION 2. FEE; UTILITIES AND OTHER COSTS. College shall not be required to pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities, fuel and any other costs and expenses associated with College's use of the Premises. SECTION 3. IMPROVEMENTS. 3.1 College Improvements. College shall not construct any improvements on the Premises without the prior written approval of City. City at its option and upon written notice may require College to remove any improvements constructed by College from the Premises at College's sole expense and College shall have ninety (90) days after such notice or the termination of this Agreement to complete such removal. If College fails to remove the improvements within such ninety-day period, City may cause the improvements to be removed and College shall pay the costs of such removal within thirty (30) days of receipt of a statement therefore from City. Any improvement requested by College shall be at College's sole expense. College shall consider sharing the cost of improvements made to the Premises to benefit all users. 121109ba1 3.2. Signage. College shall not place any signage on the Premises without the prior written approval of City's City Manager which approval shall be in the City Manager's sole discretion. Signage shall ony be displayed during times when College is using the Premises. SECTION 4. UTILITIES. College shall pay all utilities for the use of the Premises. SECTION 5. REPAIRS !MAINTENANCE. College shall at all times during the term of this Agreement, at College's own cost and expense, keep the Premises free of litter, in good order, condition and repair, and shall repair any damage done as a result of College's use of the Premises. SECTION 6. COMPLIANCE WITH LAW. During the term of this Agreement, College shall comply with all applicable laws applicable to College's use of the Premises, the breach of which might result in any penalty on City or forfeiture of City's title to the Premises. SECTION 7. USE OF LICENSED PREMISES. 7.1. College agrees that during the term of this Agreement, the use of the Premises shall be exclusively for college softball games and practices. College shall observe the following conditions: 1) All games and practices shall be scheduled through City's Leisure Services Department. 2) Use will be from March 1st through May 15th in the spring, and September 1st through October 15th in the fall. 3) College's usage may not be exclusive. SECTION 8. INSURANCE. 8.1. College shall at all times during the term of this Agreement maintain insurance as set forth in the City's standard Insurance Schedule for Lessees of City Property, as such uniform, standardized schedule may from time to time be amended. The current Insurance Schedule is attached to this Agreement. 8.2. College shall deliver to City promptly after the execution and delivery of this Agreement the original or duplicate policies or certificates of insurers satisfactory to City evidencing all the insurance which is then required to be maintained by College hereunder, and College shall, within thirty (30) days prior to the expiration of any such insurance, deliver other original or duplicate policies or other certificates of the insurers evidencing the renewal of such insurance. SECTION 9. INDEMNIFICATION. -2- 9.1. Indemnification of City. Except as otherwise provided herein, College shall protect, indemnify, and save harmless City, its officers, and employees (the "Indemnified Parties"), from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of College or anyone claiming by, through, or under College during the term of the Agreement; and (b) any failure on the part of College to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against the Indemnified Parties by reason of such occurrence, College will, at College's expense, resist and defend such action, suit, or proceeding. 9.2. Indemnification of College. Except as otherwise provided herein, City shall protect, indemnify, and save harmless College from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of City or anyone claiming by, through, or under City during the term of the Agreement; and (b) any failure on the part of City to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against the College by reason of such occurrence, City will, at City's expense, resist and defend such action, suit, or proceeding. SECTION 10. ASSIGNMENT AND SUBLETTING. College shall not assign or transfer this Agreement without the prior written consent of City. SECTION 11. NOTICES. 11.1. All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO CITY: City Manager City of Dubuque, Iowa 50 West 13th Street Dubuque, Iowa 52001 TO COLLEGE: CLARKE COLLEGE 1550 Clarke Drive -3- CITY OF DUBUQUE, IOWA By: Roy D. i-oI, Mayor Attest: anne F. Schneider, City Clerk Dubuque, IA 52001 11.2. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. CLARKE COLLEGE By: .DeA.ALnt4 S. AtToRittiCk, Vt.cc /?re Zdji-tnt - Fr - 4 ' F,ena:,cc INSURANCE SCHEDULE A 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 Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 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. 1 of 2 January -5- INSURANCE SCHEDULE A (Continued) INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE 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 8~ 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. 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 2of2 January 2008 -6- ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12 7 2007 PRODUCER (563) 123-4567 FAX (563) 987-6543 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Street Address ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cit ST Zi Code INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. IIISLiranC:6 COm Company INSURER 6' Street INSURER C. INSURER D' Cl $t Z1 COde INSURER E. COVERAGES 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. arr,RFGAre LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR N TYPE OF INSURANCE POLICY NUMBER DATE MM10 DATE MM/DOIYY LIMITS GENERAL LUIBILITY EACH OCCURRENCE S 1, 000 r 000 -- P e ~ BE E o ~ 5O OOO X COMMERCIAL GENERAL LIABILITY ea irr nce RE AAI S a r E A X CLAIMS MADE a OCCUR MED EXP one S 5, 000 PERSONAL 8 ADV INJURY S 1 + 000 r 000 GENERAL AGGREGATE S 2 r 000 ~ 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG S 1 , OOO , OOO P R C LOC POLICY X J E AUTOMOBILE LU161UTY COMBINED SINGLE LIMIT S 1 , OOO , 000 X ANY AUTO (Ee student! A ALL OWNED AUTOS BODILY INJURY (Per person) E SCHEDULED AUTOS HIRED AUTOS BODItYINJURY (~ acadanl) E NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E ANY AUTO OTHER THAN EA ACC E AUTO ONLY qGG S EXCES&UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ~ CWMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION S 0 $ A WORKERS COMPENSATION AND ' X TORY LIMITS ER UA8ILITY EMPLOYERS ANY PROPRIETOR/PARTNER/EXECUTNE E. L. EACH ACCIDENT S 100,000 OFFICERAAEMBER EXCLUDED E.L. DISEASE-EA EMPLOYEE S 100, 000 B Yes, describe order SPECWL PROVISIONS belay E.L. DISEASE -POLICY LIMB S 500 , OOO OTHER DESCRIPTION OF OPERATIONSILOCATIONSNENICLESIEXCLUSIONS ADDED 8Y ENDORSEMENTBPECIAL PROVISIONS City o£ Dubuque is listed sa an additional insured on general liability policies using ISO endorsement £orm CG 2026 0704 "Additional Innuzed-Designated Parson or Organization" or its equivalent. General Liability policy is primary 6 non-contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF TXE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER HALL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIflCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY qND UPON THE ALITHOR¢ED REPRESENTATIVE ACORD 25 (2001!08) INS025 (otoa).os AMS VMP Mortgage solutions. Inc. (tX)l1)327-0545 ®ACORD CORPORATION 1988 Page t d 2 -/- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract beiween the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. S~h~~en ACORD 25 (2001f08y IN3025ro~oe~.os AMS Papa 2 of 2 -O- POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAB{LITY COVERAGE PART SCHEDULE Designated Location(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally the Declarations nor shall they reduce any obligated to pay as damages caused by "occur- other Designated Location General Aggre- rences" under COVERAGE A (SECTION I), and gate Limit for any other designated "location" for all medical expenses caused by accidents shown in the Schedule above. under COVERAGE C (SECTION I), which can be 4. The limits shown in the Declarations for Each attributed only to operations at a single desig- " " Occurrence, Fire Damage and Medical Ex- nated location shown in the Schedule above: pense continue to apply. However, instead of 1. A separate Designated Location General being subject to the General Aggregate Limit Aggregate Limit applies to each designated shown in the Declarations, such limits will be "location", and that limit is equal to the subject to the applicable Designated Location amount of the General Aggregate Limit General Aggregate Limit. shown in the Declarations. B. For all sums which the insured becomes legally 2. The Designated Location General Aggregate obligated to pay as damages caused by "occur- Limit is the most we will pay for the sum of all rences" under COVERAGE A (SECTION I), and damages under COVERAGE A, except dam- for all medical expenses caused by accidents ages because of "bodily injury" or "property under COVERAGE C (SECTION I), which can- damage" included in the "products-completed not be attributed only to operations at a single operations hazard", and for medical expenses designated "location" shown in the Schedule under COVERAGE C regardless of the Hum- above: ber of: 1. Any payments made under COVERAGE A for a. Insureds; damages or under COVERAGE C for medical b. Claims made or "suits" brought; or expenses shall reduce the amount available c. Persons or organizations making claims or " " under the General Aggregate Limit or the Products-Completed Operations Aggregate bringing suits . Limit, whichever is applicable; and 3. Any payments made under COVERAGE A for 2. Such payments shall not reduce any Desig- damages or under COVERAGE C for medical Hated Location General Aggregate Limit. expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in CG 25 04 03 97 Page 1 of 2 -9- CG 25 04 03 97 C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits Of Insurance (SECTION fit) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 CG 25 04 03 97 -10- POLICY NUMBER: COMME32CIAL GENERAL LIABILI CG 20 26 07 04 THtS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Or anization s 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. Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. All terms and conditions of this policy apply unless modified by this endorsement. CG 20 26 O7 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 © ISO Properties, Inc., 2004 -11- CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. 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 Immunity. 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 1of1 January 2008 -12-