Backup Documents 06/23/2015 Item #16A11 ILCir`
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co et w h
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney ice.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Management Department Risk Management )'
14-(1
2.
3. County Attorney Office County Attorney Office D t& Q.16. 15
4. BCC Office Board of County
Commissionerst�
5. Minutes and Records Clerk of Court's Office
4.11615.- 1°:t
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Gail HambrightGrocv��‘ � Phone Number 252-2966
Contact/ Department ' w �, e
Agenda Date Item was June 23,2015 V Agenda Item Number 16.A.11 -
Approved by the BCC
Type of Document Agreement Number of Original 2
Attached _ Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature CMG
2. Does the document need to be sent to another agency for additional signatures? If yes, esix Se.ew42.\zs.�
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/23/15 and all changes made during the CMG ‘
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th.
BCC,all changes directed by the BCC have been made,and the document is ready for he
Chairman's signature. `°
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[04-COA-01030/1208868/1 TI:Forms/Co Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12 Qr-\c:: \�
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MEMORANDUM
Date: September 16, 2015
To: Gail Hambright, Accountant
Coastal Zone Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: 2015-2016 Tourism Agreement with The City of Naples for FY15/16
Category "A" City of Naples Projects
Attached for your records is an original of the agreement referenced above,
(Item #16A11) approved by the Board of County Commissioners Tuesday, June 23, 2015.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
INSTR 5172680 OR 5195 PG 1565
RECORDED 9/17/2015 10:38 AM PAGES 13
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$112.00
2015-2016 TOURISM AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF NAPLES FOR FY CITY OF NAPLES PROJECTS CATEGORY 16A11
THIS AGREEMENT is made and entered into this23 day of e-
2015, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier
County,a political subdivision of the State of Florida, hereinafter referred to as "COUNTY".
RECITALS:
WHEREAS, CITY has submitted applications for Category "A" Tourist Development
Tax Funds in the aggregate amount of one hundred sixty thousand, nine hundred twenty-two
dollars ($160,922.00) for the City of Naples Projects for fiscal year 2015-2016 as described in
Exhibit A and attachments to this Agreement (the "Projects"); and
WHEREAS, the COUNTY desires to fund the Projects as serving a valid and worthwhile
public purpose; and
WHEREAS, the COUNTY finds that the Projects described herein promote tourism.
NOW,THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining
the Project to be accomplished, along with a project budget, as part of the grant application
process, hereinafter referred to as "Proposals," attached as Exhibits "A". GRANTEE shall
provide the project activities outlined in the Proposal within the budgeted amounts provided in
the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the
Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an
amendment to this Agreement is entered into by GRANTEE and COUNTY.
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2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be One Hundred Sixty Thousand, Nine Hundred Twenty Two and No/100
($160,922.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY
upon submittal of an invoice and upon verification that the services described in the invoice are
completed or that goods have been received.
2.1 GRANTEE shall determine that the goods and services have been properly provided
and shall submit invoices to the County Manager or his designee, The County Manager, or his
designee, shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The budget for each project, attached as Exhibit "A," shall constitute authorization of the
expenditure described in the invoices provided that such expenditure is made in accordance with
this Agreement.
2.2 Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt
of goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the
Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount
budgeted pursuant to the attached Exhibit "A".
3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will
be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
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ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S
written request to repay said funds. COUNTY may request repayment of funds for a period of
up to one (1)year after termination of this Agreement or any extension or renewal thereof.
4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must
be submitted to the County in the form of the Request for Funds form attached to this Agreement
as Exhibit "B". All payments are on a reimbursement basis only after proof of paid invoices are
presented to the County. County may withhold any interim draw for failure to provide the
interim status report, and County shall withhold final payment until receipt of the final status
report or other final report acceptable to County. All invoices and requests for payment
including the final payment must be received within sixty (90) days of termination of this
Agreement. Any invoices and requests for payment not received in this time frame shall be
returned to the Grantee and rejected for payment.
5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming
Collier County, and its Board of County Commissioners and the tourist Development Council as
additionally insured. The insurance coverages identified in the Certificate of Insurance shall be
maintained without interruption from the date of commencement of the Projects until the date of
completion of all Projects required hereunder or as specified in this Agreement, whichever is
longer. The Certificate of Insurance shall be issued by a company licensed in the State of
Florida, with a current A.M. Best Financial rating of"Class VI" or higher, and provide General
Liability Insurance for no less than the following amount:
Bodily Injury Liability- $300,000 each claim per person
Property Damage Liability-$300,000 each claim per person
Personal Injury Liability - $300,000 each claim per person
Worker's Compensation and Employer's Liability— Statutory
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16A11
The Certificate of Insurance must be delivered to the County Manager, or his designee, within
ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence
activities which are to be funded pursuant to this Agreement until COUNTY has received the
Certificate of Insurance.
6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Proposal. COUNTY shall not be responsible
for paying vendors and shall not be involved in the selection of subcontractors or vendors.
GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or
vendors, including, but not limited to, similar or related employees, agents, officers, directors
and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless
and defend COUNTY, and its agents and employees, from any and all suits and actions including
attorney's fees and all costs of litigation and judgments of any name and description arising out
of or incidental to the performance of this Agreement or work performed thereunder. This
provision shall also pertain to any claims brought against the COUNTY by any employee of the
named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. GRANTEE'S obligation under this provision shall not be limited
in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S
limit of, or lack of, sufficient insurance protection.
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8. NOTICES, All notices from COUNTY to GRANTEE shall be in writing and deemed
duly served if mailed by registered or certified mail to GRANTEE at the following address:
Mr. David Lykins,Community Service Director
City of Naples
280 Riverside Circle
Naples, Florida 34102
All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed
by registered or certified mail to COUNTY at the following address:
Gary McAlpin,Manager
Coastal Zone Management
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
GRANTEE and COUNTY may change their above mailing address at any time upon giving the
other party written notification pursuant to this section.
9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a
partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute
GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY.
10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without
cause by giving thirty (30)days advance written notice of such termination pursuant to Section 8
and specifying the effective date of termination. If COUNTY terminates this Agreement,
COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism tourist development tax funds in a separate checking
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account. All revenue related to the Agreement should be recorded, and all expenditures must be
incurred within the terms of this Agreement.
12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records,books,documents,
papers and financial information pertaining to work performed under this Agreement.
GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the
expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist
Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
part of this agreement, the COUNTY may upon written notice, at any time during the terms of
this agreement, and at its sole discretion,reduce or eliminate funding under this agreement.
14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of COUNTY.
15. TERM. This Agreement shall become effective on October 1, 2015, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than September 30, 2016.
16. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement
of the parties and after recommendation by the Tourist Development Council.
17. REQUEST FOR EXTENSION. Any request for additional time to complete the project
described herein or any request for additional tourist development tax funds must be made in
writing and received by the County Manager or designee at least thirty (30) days prior to the end
date of this Agreement as provided in Section 15,TERM.
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18. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
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IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
DATED: a 1I V-7 ik(---- BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
e"/ &CBy: e...
Attest as tcragfangerk Tim Nance, Chairman
signature only,
Approved as to form and legality:
leen M. Greene
Assistant County Attorney
ATTEST:
ti M
LW::C'll By:
t k,'`"^ 't— OHN SOREY III, Mayor
�0.t.C,c.;� 1.*'. QLos - ; 7y CIe2 f(
WITNESSES:
Approved as to form and
legal sufficiency: (1) tJpal Oe'
�?y,,i�
signature
f't17' ( .c\),n, fie-t4-( L. S M n--4
ROBERT D. PRITT, City Attorney Printed/Typed Name
(2) c_. 4‘. \ g
signature ��
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(corporate seal) Printed/Typed Name 1
CITY OF NAPLES
8 9
EXHIBIT"A" 1 6 A 1 1
BUDGET—CITY OF NAPLES
Beach Maintenance $160,922.00
AGGREGATE TOTAL $160,922.00
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EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE( )
REQUEST PERIOD FROM TO
REQUEST#
( )INTERIM REPORT () FINAL REPORT
TOTAL CONTRACT AMOUNT$
EXPENSE BUDGET REIMBURSEMENT REQUESTED
1 TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your
application. Copies of paid invoices,cancelled checks, tear sheets,printed samples or other backup information
to substantiate payment must accompany request for funds. The following will not be accepted for payments:
statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations
name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be
accepted.
Each additional request for payment subsequent to the first request,Grantee is required to submit verification in
writing that all subcontractors and vendors have been paid for work and materials previously performed or
received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet to
show which category each invoice is being paid from and total of category before payment can be made to
Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days
for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our
official accounting system and records, consistently applied and maintained and that the cost shown have been
made for the purpose of and in accordance with, the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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CERTIFICATE OF COVERAGE ISSUED ON: 10/21/2014
COVERAGE PROVIDED BY: r 6 I DI I • A 1 I 'UST
PACKAGE AGREEMENT NUMBER:PX FL1 0112002 14-12 COVERAGE PERIOD: 10/1/2014 TO 10/1/2015 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms,exclusions and conditions of such agreement.
Mail to:Certificate Holder Designated Member
Collier County Government City of Naples
Tourist Development Council 735 Eighth Street South
2800 N.Horseshoe Drive
Naples,Florida 34104 Naples,FL 34102
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
X Comprehensive General Liability,Bodily Injury,Property Damage
and Personal Injury
Limit$2,000,000 $200,000 SIR
X Public Officials Liability X Self Insured Workers'Compensation
Limit$1,000,000 $200,000 SIR $350,000 Self Insured Retention
X Statutory Workers'Compensation
X Employment Practices Liability
Limit$1,000,000 $200,000 SIR X Employers Liability
X Employee Benefits Liability $1,000,000 Each Accident
Limit$2,000,000 $200,000 SIR $1,000,000 By Disease
•X Law Enforcement Liability $1,000,000 Aggregate Disease
Limit$2,000,000 $200,000 SIR •
PROPERTY COVERAGE AUTOMOBILE COVERAGE
X Buildings&Personal Property Automobile Liability
Per schedule on file with $25,000 Deductible Limit$2,000,000 $200,000 SIR
TrustLimit X All Owned
Note:See coverage agreement for details on wind,flood,and other Specifically Described Autos
deductibles.
X Rented,Borrowed and Leased Equipment X Hired Autos
Limit$50,000 TIV See Schedule for Deductible X Non-Owned Autos
X All other Inland Marine Automobile Physical Damage
Limit$3,183,234 TIV See Schedule for Deductible X Comprehensive See Schedule for Deductible
X Collision See Schedule for Deductible
X Hired Auto with limit of$35,000
Garage Keepers
Liability Limit
Liability Deductible
Comprehensive Deductible
Collision Deductible
NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which
are applicable at the time of the loss.
Description of Operations/Locations/Vehicles/Special items:
1 Certificate holder is induded as an Additional covered Party per PGIT Form 902 with respect to Evidence of Coverage.
This section completed by member's agent,who bears complete responsibility and liability for its accuracy.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage
afforded by the agreement above.
Admmistrator ,..,,.,...a;w ., ,..,....,.>w. �. ... CANCELLATIONS
DNYATO
OFTHE
ABOVE
DESCIBEEMETBE CANCELLED
BEFORE
H0EXPINDATE
Public Risk Underwriters®
SHOULFRT GORN E EDANRTRUST C ENDEAVOR MAIL WRITTEN
-:_P.O.Box 958455 NOTICE,OR 10 DAYS WRITTEN NOTICE FOR NON-PAYMENT OF PREMIUM,TO THE CERTIFICATE HOLDER
Lake Mary,FL 32795-8455 : NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES.
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Producer
Public Risk Insurance Agency LVi` �,�✓► 1�"-w^'u'�-
P.O.Box 2416
Daytona Beach,FL 32115
AUTHORIZED REPRESENTATIVE
PGIT-CERT(11/09)PRINT FORM 10/21/2014
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PUBLIC ENTITY
AUTOMATIC ADDITIONAL COVERED PARTIES
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM,PGIT 300, the
GENERAL LIABILITY COVERAGE FORM, PGIT 200 and the PROPERTY AND INLAND MARINE COVERAGE
FORM, PGIT 104
Where indicated by(x)below, coverage applies to the person(s)or organization(s)as their interest may appear.
The provisions in this endorsement do not supersede Florida Statute 768.28, Article 10§ 13 of the Florida
Constitution, or any other Statute or law limiting whom a Public Entity can indemnify.
X ADDITIONAL COVERED PARTY-BY CONTRACT,AGREEMENT OR PERMIT
SECTION I-WHO IS A COVERED PARTY
is amended to include any person(s)or organization(s) (hereinafter called Additional Covered Party)with
whom you agree in a written"insured contract"to name as a Covered Party, but only with respect to
liability arising, in whole or in part, out of your operations, "your work"or facilities owned or used by you.
The coverage afforded to the Additional Covered Party does not apply:
(1) Unless the written"insured contract", agreement or permit was executed prior to the"bodily injury,"
"property damage,""personal injury"or"advertising injury;"
(2) To any person(s)or organization(s) included as a Covered Party under this coverage agreement or
by an endorsement made part of this coverage agreement.
X ADDITIONAL COVERED PARTY-OWNERS OF LEASED EQUIPMENT
SECTION II -WHO IS A COVERED PARTY
is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with
whom you agree in a written equipment lease or rental agreement to name as a Covered Party, but only
with respect to liability arising out of the sole negligence of the Covered Party, and only while such
equipment is in the care, custody or control of the Covered Party, or any employee or agent of the
Covered Party.
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury"or"property damage"occurring after you cease to lease or rent the equipment;
(2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage"to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or its employees or
agents, or of which the Additional Covered Party, its employees or agents are for any purpose
exercising physical control.
PGIT 902(10 09) Page 1
l6Aii
ADDITIONAL COVERED PARTY-MANAGERS OR LESSORS OF PREMISES
SECTION II-WHO IS A COVERED PARTY
is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with
whom you agree in a written agreement to name as a Covered Party, but only with respect to liability
arising, in whole or in part, out of the"premises" leased to you by such person(s)or organization(s).
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury"or"property damage"occurring after you cease to be a tenant in that"premises";
(2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage"to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or its employees or
agents, or of which the Additional Covered Party, its employees or agents are for any purpose
exercising physical control.
Notwithstanding any other provision of this agreement, nothing in this agreement shall
be construed as a waiver of the Covered Party's sovereign immunity nor shall any
provision of this agreement increase the liability of the covered party, or the sums for
which the covered party may be liable, beyond the limits provided in§768.28, Florida
Statutes.
PGIT 902(10 09) Page 2