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Backup Documents 10/13/2009 Item #16E 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office ]'he completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through 94, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (I ist in routing order) Office Initials Doe 1. 1/� 1 (Initial) Applicable) 2. s- Agenda Item Number 3. �. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. h 1 5 r , _ , Number of Original 3 5, Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 9 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff ,� A C 14 A-e-Q C) L , ; A 1 `�' Phone Number � --7 C / T Contact 1/� 1 (Initial) Applicable) Agenda Date Item was 10. 1 3 of UU ' J Agenda Item Number Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document h 1 5 r , _ , Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05, Revised 9,18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's � Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the vN document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's W` signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain w time frame or the BCC's actions are nullified. Be a are of our deadlines! 6. The document was approved by the BCC on t a 1 3 d (enter date) and all changes made during the meeting have been incorporated in the attached document. The - County Attorney's Office has reviewed the changes, if applicable. is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05, Revised 9,18.09 16E g MEMORANDUM Date: October 14, 2009 To: Michael Dowling, Property Management Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: License Agreement Contractor: Kmart Corporation Attached for your records is three (3) originals, referenced above (Agenda Item #16E8) approved by the Board of County Commissioners on Tuesday, October 13, 2009. Please forward a fully executed original to the Minutes & Records Department for the Board's Records. If you should have any questions, please contact me at 252 -7240. Thank you. 16E g LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this day of , 2009, between KMART CORPORATION, a Michigan corporation ( "Licensor ") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112 ( "Licensee "), on behalf of the Collier County Health Department ( "User "). The parties agree: 1. Premises Licensor licenses to Licensee the use of the following premises situated in Collier County, in the State of Florida, more particularly described as: The certain space consisting of approximately 116,790 square feet, identified as the area cross- hatched on the Site Plan attached hereto as Exhibit "A" (the "Premises ") located on the property of Licensor which is outlined in bold lines on the Site Plan (the "Entire Tract "). 2. Use The Premises may be used by Licensee for seasonal flu inoculations such as H1N1 inoculations administered to the general public and for no other use. Licensee agrees to secure at Licensee's sole cost any required permits for the use of the Premises and shall comply with all federal, state and local governmental laws, rules, regulations and ordinances applicable to Licensee's use of the Premises. 3. Term Subject to Licensee providing satisfactory evidence to Licensor of the insurance coverage required in Section 7 hereof, the term of this License Agreement shall commence on November 1, 2009 (the "Commencement Date ") and terminate on December 31, 2009 (the "Term ") subject to Section 11. 4. Fee (a) On or before the Commencement Date, and on or before the first day of each month thereafter during the Term, Licensee shall pay to Licensor for this License Agreement the sum of TWENTY FIVE THOUSAND AND 00 /100 DOLLARS ($25,000.00) (the "Fee ") per month. 5. Repairs. Maintenance and Utilities (a) Licensee shall replace light bulbs, replace air conditioning filters, and make any minor repairs that are deemed necessary by Licensee at its sole cost and expense. Licensee agrees to keep the Premises in a clean and safe condition, meeting applicable county ordinances. Upon the termination or expiration of this License, Licensee agrees to deliver the Premises to the Licensor in as good condition as when received. Licensee shall further keep the Premises and any improvements and fixtures thereon in good order and repair. Licensor shall maintain the air - conditioning system throughout the term of this Agreement. (b) Licensor shall at all times have access to the Premises. WOMIRO (c) If Licensee fails to promptly perform the obligations in this Section 5 within ten (10) days after written notice by Licensor, Licensor shall have the right to make or cure such conditions and to recover Licensor's cost with interest from Licensee at an annual rate equal to four percentage points above the prime rate as published in the Money Rates Section of The Wall Street Journal from time to time (or if such paper is no longer published or no longer publishes the prime rate, then the prime rate of another financial journal designated by Licensor). (d) Licensee shall be responsible for the payment of all Florida Sales Tax as required by law during the Term. (e) Licensee will be responsible for the special handling and disposal of all hazardous waste materials generated by Licensee's operations. Licensor shall have no responsibility or liability for any damage created by hazardous materials generated or used by Licensee's operations, and Licensee, only to the extent authorized by 768.28, Florida Statutes shall indemnify, defend and hold Licensor, its directors, officers, employees and agents, harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities arising out of hazardous materials generated or used by Licensee's operations. 6. Risk of Loss Licensee shall use the Premises at its own risk. Licensor shall have no responsibility or liability for any loss of or damage to any property of Licensee, its employees, agents, contractors or invitees. Licensor shall not be responsible or liable to Licensee or to anyone claiming by, through, or under Licensee for any loss or damage that may be occasioned by or through the acts or omissions of any person or occupant of the Entire Tract, from any cause whatsoever. Licensee agrees that it will not do or permit anything to be done in or about the Premises, or bring anything onto the Premises or keep anything on the Premises, which shall increase the rate of insurance on the Entire Tract or any portion thereof. 7. Insurance Licensor requires the User to provide a Certificate of Coverage pertaining to the use of the Premises, at its sole cost and expense, and shall include Workers' Compensation Insurance, Commercial General Liability Insurance and All Risk Property Insurance. A copy of the State of Florida's State Risk Management Trust Fund General Liability Certificate of Coverage is attached hereto and made a part of this Agreement. The policy shall expressly provide that it shall not be subject to cancellation or material change without prior written notice to Licensor. 8. Subrogation Notwithstanding any other provisions herein, Licensor and Licensee each releases the other and, on behalf of its insurers, waives its entire right to recovery against the other for loss or damage to the waiving party and its property to the extent that the loss or damage is customarily insurable by a fire and extended coverage insurance policy. 16E g 9. Indemnitv (a) Licensee and User shall defend Licensor, its directors, officers, employees and agents against all claims, actions, proceedings and suits arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the Entire Tract, including the person or property of Licensor, its directors, officers, employees, agents, invitees, licensees or others arising from the acts or omissions of Licensee, its employees, agents, invitees or guests. (b) Licensee and User shall indemnify, and hold Licensor, its directors, officers, employees and agents, harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused by the willful misconduct or negligent acts or omissions of Licensor), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the Entire Tract, including the person and property of Licensor, its directors, officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Licensee and/or User, its employees, agents, invitees or guests. 10. Assienment The Premises shall be occupied by the User and User or Licensee shall not have the right to assign this License Agreement or further license the use of all or any part of the Premises without Licensor's consent which may be withheld in its sole and absolute subjective discretion. 11. Revocability Either party shall have the right to terminate this Lease at any time, with or without cause, by providing the other party with ten -day written notice of such termination at the address set forth below. This notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid, or by personal delivery or overnight delivery service. 12. Notices All notices herein provided for shall be in writing and shall be sent by (a) registered or certified mail, postage prepaid, return receipt requested, (b) personal delivery or (c) reputable overnight air courier, and shall be deemed to have been given (i) five (5) business days after deposit in the mail postage prepaid if sent via mail, (ii) upon receipt if personally delivered, and (iii) one (1) business day after being deposited with a reputable overnight air courier for guaranteed next business day delivery. Notices shall be addressed to: Licensor: Kmart Corporation 3333 Beverly Road Hoffman Estates, Illinois 60179 Attn: Vice President Real Estate Department 824RE Copy to: Kmart Corporation 3333 Beverly Road Hoffman Estates, Illinois 60179 Attn: DVP Real Estate Law Department 824RE 16E g Licensee and User: Collier County c/o Real Property Management Building W 3301 Tamiami Trail East Naples, Florida 34112 cc: Office of the County Manager Health Department Director or to any other address furnished in writing by either of the respective parties. However, any change of address furnished shall comply with the notice requirements of this Section and shall include a complete outline of all current notice addresses to be used for the party requesting the change. 13. Remedies If Licensee fails to perform any obligation hereunder or is otherwise in breach of this Agreement, Licensor shall be entitled to exercise all remedies Licensor has at law or in equity. Licensee shall pay all costs, fees and expenses incurred by Licensor in pursuit of Licensor's remedies including, but not limited to, attorneys' fees and court costs. 14. Time of Essence Time is of the essence in this License Agreement. 15. Entire Agreement This License constitutes the entire agreement between the parties with respect to the Premises. Neither this License nor any of its provisions may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the parties, except as provided in Section 11. 16. Choice of Law This License shall be construed in accordance with and governed by the laws of the state in which the Entire Tract is located. 17. Third Party Beneficiaries Except as herein specifically provided, no other person, customer, employee or invitee of Licensee or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 18. Partial Invalidity If any Section, paragraph, subparagraph, sentence, clause or phrase of this License Agreement shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other Sections, paragraphs, subparagraphs, sentences, clauses or phrases. 19. Headings The Section headings are for convenience and are not a part of this License Agreement. IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed: AS TO LICENSOR: AS ''O LICENSEE: DATED:—/ y ' / `3 ' "'� (J'( ' ATTEST:, DWIGHT E. BROCK,. Clerk By: 00uty Clerk ; Att 41 as w S 1946t* ,two x Approved as to form and legal sufficiency: A'Qtiaifer ite, Assistant County Attorney KMART CORPORATION (print name and title) BOARD OF COUNTY COMMISSIONERS COLLIER CCNNTY, FLORIDA 1 DONNA FIALA, Chairman 16E g 16E g Exhibit `A' 12713 Tamiami Trail East Naples, Florida 16E g Insurance Policy CHIEF FINANCIAL OFFICER STATE OF FLORIDA ALEx SINK STATE RISK MANAGEMENT TRUST FUND Policy Number: GL -09 -8300 Name Insured: DEPARTMENT OF HEALTH General Liability Certificate of Coverage 16E $ General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida Statutes, and any rules promulgated thereunder. Coverage Limits: General Liability: Inception Date: Expiration Date: $100.000.00 each person $200,000.00 each occurrence 7/l/2009 7/1/2010 CHIEF FINANCIAL OFFICER `A S ll0 -863 (REV. 3/01) DEPARTMENT of FINANCIAL SERVICES DIE CAPITC+L, TALLAHASSEE, FLORIDA 32399 -0301 • (850) 413 -2850 • TELEcopmit (850) 413 -2950 16E 8 DEPARTMENT OF F'INANCiAL SERVICES Division of Risk Management STATE RISK MANAGEMENT TRUST FUND GENERAL LIABILITY CERTIFICATE OF COVERAGE In consideration of the provlsfons and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust Fund, hereinafter referred to as the "Fund ", certifies that the State department or agency named In this certificate is hereby provided general Hability coverage. Coverage shall be effective on the Inception date at 12:01 a.m. standard time. . This certificate is comprised of the foregoing provisions and stipulations, together with such other provlebns and. stipulations as may be added hereto by the Fund In the future: COVERAGES General Liability Coverage»Bodlly and Property Damage To pay on behalf of the Insured of sums which the Insured shah became legally obligated to pay as damages for injury or loss of Property. personal injury, or death caused by the negligent or wrongful act or omission of any ofticar, employee, agent or volunteer of the named Insured, as such terms may be further defined herein or by adminish-Ave rub, while acting within the scope of his office or empbyntertt, pursuant to the provisions and limitations of Chapter 284, Part II and Section 76x.28, Florida Stahrtes. N. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS With respect to such coverage as le afforded by this oerelicxle, the Fund shag: (a) defend any proceeding against the insured seeking such benefits and any suit against the Insured alleging such Injury and seeking damages on account thereof, even If such proceeding or suit is groundless, false, or fraudulent. The Fund will investigate all Claims Wed against the Insured in order to determine the legal gability of the insured and to determine damages sustained by the claimant. The Fund will negotiate, settle, or deny the claim based on these findings and appropriate Florida law. (b) pay all premiums on bonds to release attachments and on appeal bonds required in any such defended suit for an amount not In excess of the applicable limit 6f liability established In this certificate; (c) pay all expenses incurred by the Fund, all caste taxed against the insured In any such suit, and all interest i tendered, deposited Ina�� that tit the Fund has paid, pad of such judgment as does not exceed the limit of the Fund's IWAty thereon; (d) pay expenses Incurred by the Insured for such Immediate medial relief to others as shall be imperative at the time of the accident UL DEFINITIONS (a) Named Insured - The department or agency named herein. (b) Insured - State department or agency named herein. their officers. employaes, agents or volunteers. (c) Volunteer - Any person who of his own free will, provides goods or services to the named Insured, with no monetary or material compensation as defined in Chapter 110, Part 1V, Florida Statutes. (d) Agent - Any person not an employee, acting under the direct oontrd and supervision of a state agency or department, for the beneta of a state agency or department (e) Automobile - A land motor vehicle, trailer, or semi- fraNer designed and licensed for use on pubic roads (including machinery or apparatus attached thereto), but does not Include mobile equipment. (f) Mobae Equipment - A land vehicle (Including machinery or apparatus attached thereto), whether or not self - propelled; (1) not subject to motor vehicle registration, or DFS- Dl} -863 Reviecd 3V (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways imnedlately adjob*g, or (3) designed for use principally off pubic roads, or (4) designed or maintained for the sole purpose of alfcrdkV mobility to equipment of the following types forming an Integral part of or permanently attached to such vehicle; pourer cranes, shovels. loaders, diggers and droK concrete nmixere (other than the mix -fn- transit type); tinders, scrapers, rovers and other road construction or repair equipment; air - compressors, pumps and generators. including spraying, welding, and building cleaning equipment; and geophysical exploration and wall-servicing equipment- IV. EXCLUSIONS This certificate does not apply (a) to bodily Injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile owned or operated by or rented or loaned to arry insured, or (2) any other automobile operated by any person In the course of his employment by any Insured, but this exclusion does not apply to the parking of an automobile on premises owned by. rented to, or controlled by the named insured or the ways irnmedlately adjoining, if such aukmobile Is not owned by, rented, or loaned to any insured; (b) to any action which may be brought against the named Insured by anyone who unlawfully partk3petea in riok unlawful assembly, public demonstration, mob violence, or civil disobedience N the claim arises out of such riot, unlawful assembly, public demonstration, mob violence, or civil disobedience; (c) to any obligallam for which the insured or the Fund may be held liable under any employees lability or workers' compensation law, (d) to property damage to property owned or occupied by the Insured; (a) to property damage to premises alienated by the insured arising out of such premises crony part thereof; M to loss at use of tangible property which has not been physically Injured or destroyed, resulting frarr. (1) a delay In or lack of performance by or on behalf of the named insured of any contract or agreement; (2) the failure of the named Insured's products, or work pefionned by or on behalf of the named Insured to meet the level of performance, quality fitness, or durability warranted or represented by the named Insured; (ti) to property damage to the named insureft products arising out of such products or any part of such products; (h) to ply damage to work performed by or on behalf of the named Insured arising out of the work or any portion thereof, or out of materials, parts, or equipment furnished In connection therewith; 16E 8 p) eminent domain proceedings or damage to persons or (4) Action Against the Fund property of others arising therefrom; No action shalt lie against the Fund unless, as a (j) to punitive damages; condition precedent thereto, the Insured shall have (k) to actions of Insureds committed In bad faith or with been In fufi compliance with all of the terms of this malicious purpose or in a manner exhibiting wanton and certificate and the provisions of applicable Florida willful disregard of human rights, safety, or property; Statutes. (1) to professional medical liability of the Board of Regents, (5) Severability of Interest the physicians, officers, employees, or agents of the The term 'the insured' is used severally and not Board; collectively, but the inclusion herein of more than (m) to liability related in any way with nuclear energy; one Insured shall riot operate to increase the limits (n) to liability assumed by the insured under any contract or of the Fund's liability. agreement; (o) to final Judgments In which the Insured has been (6) Limits of Liability determined to have caused the harm Intentionally, The limit of liability expressed as applicable to "each (p) to awards for Injunctive, declaratory, or prospective relief person" Is the limit of the Fund's Willy for all rendered against an insured by any federal or state court, damages, Including damages for care and loss of agency or commission. services, arising out of personal injury and property damage sustained by one person as a result of any V. CONDITIONS one occurrerne; but the total liability of the Fund for A. Premium all damages sustained by two or more persons as a Premium charges shall be assessed In accordance with resuti of any one occurrence shall not exceed the the provisions of Chapter 284, Part 11, Florida Statutes, and limit of tiabifity as applicable "each occurrence ", any rules promulgated thereunder utHtdng a retrospective (7) Other Insurance rating arrangement premium calculation method Whereby If there Is Insurance applicable to. am claim, the 84% of the premium Is based on losses actually incurred coverage extended by this certificate sltaJl apply only by the Insured and 20% is based on the changes In risk as excess insurance over any and all other exposures (employees, etc.) of an Insured. The prendum applicable Insuranc& must be paid promptly by an insured agency from Is (6) Terms of Coverage operating budget upon receiving the premium bill or This certificate is Issued for the purpose of Invoice. confirming overage as contemplated by Chapter 284, Part Ill, Florida Statutes. In the event of any B. Audit conflict between provisions or coverages in this The Fund shall be permitted to examine and audit the certificate and the provisions of any Florida Statutes insursd's books and records at any time during the term of or laws Including, but not firtied to the aforesaid, Ns coverage and any extension thereof, and within three said statutes and laws shah control. years after the final termination of this coverage, as far as (9) Cancellation they relate to the premium bases or the subject matter of Failure of the Fund to receive the amount of this coverage. premiums billed to the insured agency within the time frames allowed by law may result In C. InstreWs Dulles in the Event of Occurrence, Ctalm or cancellatlon of time oartifirarte of coverage. Suit Payments must be made promptly from Bile insuy ell's (1) Event of Occurrence operating budget upon receipt of the pmmiurm bill as Written notice containing particulars sufficient to specified In Section 284.38, Florida Statutes, and Identify the Insured, along with reasonably lack of prompt payment will result In a request from obtainable information with respect to the dime, place the Fund to the Comptroller to transfer premiums and circumstances thereof. the- names and from any available funds of the delinquent agency addresses of the Injured and all known witnesses, under the provisions of Section 284.44(7), Florida shall Immediately be given by or for the insured to Statutes. the Fund. (2) Notice of Clain or Suit D. Self - Insurance Coverage If cfalm Is made by suit brought against the Insured, Coverage for defending and paying ciairns under this Me insured shall Immediately forward to the Fund certificate 13 provided under the authority of Chapter every demand, notice, summons, or other process 284, Florida Statutes, wherein the state Is authorized received by him or his representative. Failure by the to administer a self- insurance program. Provision of Insured to advise the Fund of a claim or suit prior to this certificate does not constitute the issuance of a settlement agreement or the Insured otherwise insurance other than on a se{f- Insurance basis, and obligating Itself, shah void coverage by the Fund, for payment of any covered claim oUlgations is that claim, confingent upon availability of legislative funding. (3) Assistance and Cooperation of the Insured The insured shalt cooperate with the Fund and, upon the Fund's request, assist in making settlements, In the conduct of subs and In enforcing any right of contribution or Indemnity against any person or organization who may be liable to the Insured because of Injury or damage with respell to which overage Is afforded under this certificate, and the insured shall upon request, make available all agency records pertaining to a specific claim, shah attend hearings and trials and assist In securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not except at his own cost, voluntarily make any payment, assume any obligation or Incur any expenses other than for first aid to others at the time of accident. DFS- DO-863 Revised 3101 State r r DOH Contad Person: Bureau of General Services, lamberly Copeland, Insurance Specialist 4052 Bald Cypress Way, 0-06, Tallahassee, Fkrida 32399 -1734 (850) 245 -4344 - 205 -4344 Coverage Limits: Declared Value on the Insurance Certificate; Flood Insurance; Single Family Residence ;250,000; All other buildings $500,000; Single Family Residence Contents $100,000; All other Buildings Contents $500,000 Deductible Minimums: $2,500 per loss for all covered perils, except flood. Flood deductible per National Flood Insurance Program. Submit Loss Detalls to: Department of Health, Bureau of General Services I(Imberty Copeland, Insurance Support Email: Kimber ly_copeland @doh.state.fl.us or by Fax: 850)412 -1434 What is Covered: Any direct physical loss of or damage to covered property at the premises listed on the certificate of insurance for that location. What Is Not Covered: Loss or damage due to the enibm wnent of any ordinance or law regulating the cons vOon use or repair of any property; or requiring the tearing down of any property Including the cost of removing Its debris. • Any earth movement other than sinkhole collapse, volcanic eruption, explosion or effusion. • Seizure or destruction of property by order of governmental authority. • Nuclear reaction or radiation or radioactive contamination however caused. • Failure to power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. Contents damaged as a resuit of power failures,, • Ware, Including undeclared or civil war, warlike action by a military tome, Including action in hindering or defending against actual or expected attack, by any government sovereign or other authority using military personnel or other agency; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority In hindering or defending against any or these. • Water that backs up from a sewer or drain; Water under the ground surface pressing on or flowing or seeping through ftxmdatlons, walls, floors, paved surfaces, basements (whether paved or not), doors, windows or other openings • Water damage meaning accidental discharge or leaking of water or steam as the direct result of the breaking or cracking of any part of a systern or appliance containing water or steam. • Artificially generated electrical current, Including electric arcing. • Explosion of steam boilers, steam pipes, steam engines or steam turbines. Refer to Boiler & Machinery Insurance Coverage • Mechanical breakdown Including rupture or bursting caused by centrifugal force. Refer to Boiler & Machinery Insurance Coverage 'Leo, MINE Department of Insurance Division of Risk Management Slabs Risk Management Trust Fund Certificate of Property Coverage Various provisions in this certificate restrict coverage. Read the entire certificate carefully to determine rights, duties and what is and is not covered. Coverage for defending and paying claims under this certificate is provided under the authority of Chapter 284, Florida Statutes, wherein the state is authorized to administer a self - insurance program. Provision of this certificate does not constitute the issuance of insurance other than on a self-insurance basis, and payment of any covered claim obligations is contingent upon availability of legislative funding. Throughout this policy the words "you" and "your" refer to the State Agency, Board, Bureau, or other authorized entity shown in the Declarations. The words "we ", "us" and "our" refer to the State Risk Management Trust Fund (the. Fund) or any other successor trust fund administered by the Division of Risk Management for the purposes of providing property loss coverage. Other words and phrases that appear in "quotation marks" have special meaning. Refer to SECTION H - DEFINITIONS. A. COVERAGE We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property means the following types of property for which a limit of Insurance Is shown In the Declarations: P. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Permanently Installed: (a) Fixtures; (b) Machinery; and (c) Equipment; (3) Personal property owned by you that is used to maintain or service the Wilding or structure or its premises, including: (a) Fire extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (4) If not covered by other insurance: (a) Additions, alterations and repairs to the building or structure, (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure. b. Your Business Personal Property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises, consisting of the following: (1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock "; (4) All other personal property owned by you and used in your agency; (b) Your improvements and D14- 852(Re%dsed 3871 Page I of 8 betterments as a tenant. Improvements and betterments are fixtures, alterations, installations or additions: (a) Made a part of the building or structure you occupy but do not own; and (b) You acquired or made at your expense but cannot legally remove. 2. Property Not Covered Covered Property does not include: a. Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities; lottery tickets .held for sate are not securities; b. Animals; c. Bridges, roadways, walks, patios or other paved surfaces; d. The cost of excavations, grading, backfilling or filling; e. Foundations of buildings, structures, machinery or boilers if their foundations are below: (1) The lowest basement floor, or (2) The surface of the ground, if there is no basement; f. Land (including land on which the property is located), water, growing crops, lawns and plants; g. Business personal property while airborne or waterbome; h. Personal property not owned by the State of Florida; i. Pilings, piers, wharves or docks; j. Property that is covered under another policy, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; k. Retaining walls that are not part of the building. I. Underground pipes, flues, drains, or electrical and communication wiring; m. The cost to research, replace or restore the information on valuable papers and records, including those which exist on electronic or magnetic media; n. Vehicles or self - propelled machines (including aircraft or watercraft) that: 16E 8 (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premises; o. Grain, hay, straw or other crops; p. Fences, including attached devices, unattached radio or television antennas, including their lead -in wiring, masts or towers (except for towers insured separately as a stand alone structure), signs (other than signs attached to buildings), trees, shrubs or plants, stand alone fight poles/fixtures afi except as provided in the Coverage Extensions. cl. Fine arts, manuscripts, nitrocellulose films, museum collections, artifacts, relics, bullion; r. Surplus property Business Personal Property declared surplus property but stored on the premises are deemed to have no value for the purpose of making Balm under this certificate. s. Buildings that have been abaridoned or selected for removal from the premises or selected for demolition. 3. Additional Coverages a. Debris Removal (1) We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 94 days of the date of direct physical loss or damage. (2) This Additional Coverage does not apply to costs to extract "pollutants ". b. Preservation of Property If It Is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay up to $10,040 for any direct physical loss or damage to that property: (1) While it is being moved or while temporarily stoned at another location; and (2) Only if the loss or damage occurs Di4- 852(Revised 3101 Page 2 of 8 within 10 days after the property is first moved. 4. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or In a vehicle) within 100 feet of the described premises. a. Newly Acquired or Constructed Property (1) You may extend the insurance that applies to Building to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises. (2) You may extend the insurance that applies to Your Business Personal Property to apply to that property at any location you aoquire. The most we will pay for loss or damage under this Extension is 10% of the Limit of insurance for your Business Personal Property shown in the Declarations, but not more than $10,000 at each building. (3) Coverage under this Extension for each newly acquired or constructed property will end when any of the following first occurs: (a) This policy expires. (b) 30 days expire after you acquire or begin to construct the property; or (c) You report values to us. b. Property Off- Premises You may extend the insurance provided by the Fund to apply to your Covered Property, other than "stock", that is temporarily at a location you do not own, lease or operate. The Extension does not apply to Covered Property: (1) In or on a vehicle unless the 16E vehicle is owned or operated by an employee of the State of Florida and the vehicle is being used for .State business; (2) In the care, custody or control of field personnel or anyone not employed by the State of Florida. (3) At any fair or exhibition. The most we will pay for loss or damage under this Extension Is $10,000. c. Trees, Shrubs and Plants You may extend the coverage provided by the Fund to apply to trees, shrubs and plants Including debris removal expense, caused by or resulting from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $1,000, but not more than $250 for any one tree, shrub or plant. Each of these Extensions Is additional Insurance. The Additional Condition, Coinsurance, does not apply to these Extensions. B. COVERED CAUSES OF LOSS 1. Fire. 2. Lightning, 3. Explosion, including the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. This cause of loss does not Include loss or damage by: a. Rupture, bursting or operation of pressure relief devices; or b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water, or C. Any loss which would normally be covered only under a standard boiler and machinery policy. 4. lAfindstorm or Hail, but not including: D14- 852(Revlsed 3101 Page 3 of 8 �016 a. Frost or cold weather; b. Ice (other than hail), snow or sleet, whether driven by wind or not; or c. Loss or damage to the interior of any building or structure, or the property inside the building or structure, caused by rain, snow, sand or dust, whether driven by wind or not, unless the building or structure first sustains wind or hail damage to its roof or walls through which the rain, snow, sand or dust enters. 5. Smoke causing sudden end accidental loss or damage. This cause of loss does not include smoke from agricultural smudging or Industrial operations. S. Aircraft or Vehicles, meaning only physical contact of an aircraft, a spacecraft, a self - propelled missile, a vehicle or an object thrown up by a vehicle with the described property or with the building or structure containing the described property. This cause of loss includes loss or damage by objects failing from aircraft. We will not pay for loss or damage caused by or resulting from owned or non -owned vehicles which are operated by you. T. Riot or Civil Commotion, including: a. Acts of striking employees while occupying the described premises; and b. Looting occurring at the time and place of a riot or civil commotion. 8. Sinkhole Collapse, meaning loss or damage caused by the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include: a. The cost of filling sinkholes; or b.. Sinking or collapse of land into man- made underground cavities. 9. Flood As per Section 284.01, Florida Statutes, this section incorporates the same provisions as the NATIONAL FLOOD INSURANCE PROGRAM. That program defines "Flood" as: a. A general and temporary condition of partial or complete Inundation of normally dry land areas from: (1) The overflow of inland or tidal 16E g waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (I.e., mudflows), which are proximately caused by flooding as defined in subparagraph a.(2) above and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas as when earth Its carried by a current of water and deposited along the path of the current. b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding the anticipated cyclical levels which result in flooding as defined in subparagraph a.(1) above. THIS SECTION DOES NOT CONSTITUTE THE ENTIRE FLOOD POLICY. IT IS MERELY PROVIDED FOR AGENCY GUIDANCE IN THIS AREA ONLY. PLEASE REFER TO THE NATIONAL FLOOD INSURANCE PROGRAM POLICY, WHICH IS ATTACHED TO THIS CERTIFICATE. 10. Additional Coverages a. Debris Removal (1) We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. We will pay 25% of the loss or $5,000, whichever is greater. The expenses will be paid only if they are reported to us in writing within 90 days of the date of direct physical loss or damage. (2) This Additional Coverage does not apply to costs to extract "pollutants". b. Preservation of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay up to $10,000 for any direct physical loss or damage to that property: 014- 852(Revised "I Page 4 of 8 (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved. 11. Coverage Extensions Except as otherwL" provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises. a. Newly Acquired or Constructed Property (1) You may extend the insurance that applies to Building to apply to: (a) Buildings you acquire at locations, other than the described premises. The most we will pay for loss or damage under this Extension is $250,000 per building. (2) You may extend the Insurance that applies to Your Business Personal Property to apply to that property at any location you acquire. The most we will pay for loss or damage under this Extension is 10% of the Limit of Insurance for your Business Personal Property shown in the Declarations, but not more than $10,000 at each building. (3) Coverage under this Extension for each newly acquired or constructed property will end when any of the following first occurs: (a) This policy expires. (b) 30 days expire after you acquire the property; or (c) You report values to us. b. Property Off- Premises You may extend the Insurance provided by the Fund to apply to your Covered Property, other than "stock ", that Is temporarily at a location you do not own, lease or operate. The Extension does not apply to Covered Property: (1) In or on a vehicle unless the i f! vehicle is owned or operated by an employee of the State of Florida and the vehicle is being used for State business; (2) in the care, custody or control of anyone not employed by the State of Florida. (3) At any fair or exhibition. The most we will pay for loss or damage under this Extension Is $10,000. c. Trees, Shrubs and Plants You may extend the coverage provided by the Fund to apply to trees, shrubs and plants including debris removal expense, caused by or resulting from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Mot or Civil Commotion; or (6) Aircraft. The most we wlll pay for loss or damage under this Extension is $1,000, but not more than $250 for any one tree, shrub or plant. Each of these Extensions Is additional insurance. C. EXCLUSIONS 1. We will not pay for loss or damage caused directly or Indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance or Law The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property including the cost of removing its debris. b. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine D14- 852(Revlsed "I Page 5 of 8 subsidence or earth sinking, rising or shifting. But if loss or damage by fire or explosion results, we will pay for that resulting loss or damage. (2) Volcanic eruption, explosion or effusion. But if loss or damage by fire, breakage of glass or volcanic action results, we will pay for that resulting loss or damage. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the property would normally be covered under this certificate. d. Nuclear Hazard Nuclear reactors or the use, storage, or processing of nuclear fissionable materials. This exclusion as to nuclear properties or related reactors shall not be construed to eliminate the necessity of coverage on medical facilities, particle accelerators, cyclotrons, Van de Graff machines, or any properties associated therewith. If loss or damage by fire results, we will pay for that resulting loss or damage. e. Off - Promises Services The failure of power or other utility service supplied to the described premises, however caused, If the failure occurs away from the described premises. f. War and Military Action (1) War, including undeclared or civil .war, (2) Warlike action by a military force, including action in hindering or defending against actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmentai authority in hindering or defending against any of these. g. Water 16E (1) Water that backs up from a sewer, drain, or sump (2) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. But if loss or damage by fire or explosion results, we will pay for that resulting loss or damage. (3) Water damage meaning accidental discharge or leaking of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 2. We will not pay for loss or damage caused by or resulting from: a. Artificially generated electrical current, Including electric arcing, that disturbs electrical devices, appliances or wires. butBut if loss or damage by fire results, we will pay for that resulting loss or damage. b. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control: But if loss or damage by fire or combustion explosion results, we will pay for that resulting loss or damage. c. Mechanical breakdown, including rupture or bursting caused by centrifugal force. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. D. LIMITS OF COVERAGE Coverage is not limited in any one occurrence or to the reported values shown in the Declarations, except for flood. 1. For loss or damage sustained due to FLOOD the following special limits apply in accordance with the NATIONAL FLOOD INSURANCE PROGRAM: a. Building: (1) Residential $250,000 D14- 852(Revised 3/01 Page 6 of 8 Felo� (2) Non - Residential $500,080 b. Contents: a. Residential $100,000 b. Non - Residential $500,000 2. The limits applicable to the following Coverage Extensions are in addition to the Limits of Coverage. a. Newly Acquired or Constructed Property b. Property Off - Premises c. Trees, Shrubs and Plants 3. Payments under the following Additional Coverages will not increase the applicable. Limit of Insurance: a. Preservation of Property; or b. Debris Removal. E. DEDUCTIBLE We will not pay for loss or damage in any one occurrence, except flood, until the amount of loss or damage exceeds $2500.00: For loss or damage due to Flood, the applicable deductible applies per location in accordance with the NFIP. We will then pay the 'Actual Cash Value' amount of loss or damage in excess of the Deductible., F. LOSS CONDITIONS The following conditions apply in addition to the Certificate of Coverage General Conditions. 1. Abandonment There can be no abandonment of any property to us. In the event the building is not replaced nor alternate space constructed, the Fund will not make a payment on the loss other than to pay for demolition and clean up from the loss. The alternate space to be constructed must house the functions originally housed. in the destroyed building and it is to be constrUcted in the local vicinity of the original structure. 2. Duties In The Event Or Loss Or 16E Damage a. You must see that the following are done In the event of loss or damage to Covered Property. (1) Immediately notify the State Fire Marshal and the Division of Risk Management, Property Section, In the event of a fire or damage resulting in failure of the fire alarm system. (2) Give prompt notice, by telephone, of the loss or damage to us so we may Inspect the damage prior to commencing with repairs and then follow up with a written Notice of Loss Form, ANY LOSS NOT REPORTED IN WRITING TO THE DIVISION WITHIN NINE'T'Y (90) DAYS FROM THE DATE OF THE LOSS, WILL NOT 13E PAID UNLESS: (a) OUR ABILITY TO ASSESS THE LOSS HAS NOT BEEN IMPAIRED BY THE DELAY AND, (b)THE DOLLAR ($) AMOUNT OF THE LOSS HAS NOT INCREASED DUE TO THE DELAY. (3) As soon as possible, give us a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage by a Covered Cause of Loss. If feasible, set the damaged property aside and in the best possible order for examination. Also keep, a record of your expenses for emergency and temporary repairs, for consideration in the settlement of the claim. This will not increase the Limit of Coverage. (5) In the event of a lightning claim, complete the Lightning Statement Form in its entirety. Make sure the description of damage as well as the evidence of a direct strike is detailed. (6) At our request, give us complete inventories of the damaged and undamaged property. Include D14- 852 {Revised "f Page 7 of 8 quantities, original purchase dates, costs, values, current replacement costs and amount of loss claimed. (7) As often as may be reasonably required, permit us to inspect the property proving the loss or damage. (S) Cooperate with us in the investigation or settlement of the claim. This includes providing us with detailed invoices and payment evidence to document claim expenses. (9) Send us a signed proof of loss within 30 days of receipt. We will supply you with the necessary forms. 3. Loss Payment a. In the event of loss or damage covered by this Coverage Certificate, at our option, we will either. (1) Pay the Actual Cash Value`Actuai Cash Value" of damaged property; which has been replaced with property of like kind and quality; or (2) Pay the cost of repairing; whichever is less. b. If funds are available wWe will pay for covered loss or damage within 30 days after we receive the signed proof of loss. 4. Vacancy Permission is granted for all buildings to be "vacant' or 'unoccupied' on the condition that the premises shall be kept locked and secured to prevent trespassing or the entrance of unauthorized persons during the term of vacancy or unoccupancy. The Division . must be notified immediately when a building becomes 'vacant' or `unoccupied.' Should the 'vacant' or "unoccupied' building later become occupied, the Division must also be notified. 5. Valuation We will determine the value of Covered Property in the event of loss or damage at "actual cash value" at the time of loss or damage. 16E g G. GENERAL CONDITIONS 1. Other Insurance If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Coverage. 2. Statutory Control In the event of any conflict between the provisions or coverages in this certificate and the provisions of any Florida Statutes or law including but not limited to the aforesaid, said laws and statutes shall control 3. Fire Protection In consideration of the rate at which this certificate Is written R is stipulated that you shall exercise due diligence In maintaining In complete working order all equipment and services, installed for the detection, prevention, and extinguishment of fire in the property covered by this certificate and-under your control. It Is further stipulated that if changes are made to any sprinkler system, its water or chemical. supplies, or to any watchman service you must notify us immediately in writing. 4. Natural Disaster In the event of a natural disaster, whether or not officially declared, of such magnitude that our self retained limit of liability plus the available excess insurance Is exhausted: a. We shall only be liable to pay the amount of our self retained limit of liability and any excess insurance applicable to the occurrence; and b. We shall pay properly documented claims as they are presented for payment. Unpaid claims shall be classified as uninsured and shall constitute a general unfunded liability to the State. We may assist you In determining the number and D14- 852(Revfsed 3101 Page 8 of 8 16E 8 amount of individual uninsured 'covered claims ". 5. Transfer of Rights of Recovery Against Others to Us We may require you to transfer all rights of recovery against any party for loss to the extent of our payment. You must do everything necessary to secure our rights and must do nothing after loss to impair them. 6. Leased Buildings We will cover leased buildings only when coverage is required by the terms of a valid written lease agreement,; when such lease agreement has been accepted in writing by the Division. H. DEFINITIONS 1. "Actual Cash Value" Replacement cost less depreciation. 2. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. 3. "Stock" means merchandise held in storage for sale, raw materials and in process or finished goods, including supplies used in their packing or shipping. 4. "Unoccupied" means containing contents pertaining to the occupancy of the building while operations or other customary activities are suspended. 5. "Vacant" means containing no contents pertaining to operations or activities customary to occupancy of the building. D14- 852(Revised 3171 Page 9 of 8 16E 8 Department of Insurance Division of Risk Management State Risk Management Trust Fund Certificate of Rental Value Coverage Various provisions in this certificate restrict coverage. Read the entire certificate carefully to determine rights, duties and what is and is not covered. Coverage for defending and paying claims under this certificate is provided under the authority of Chapter 284, Florida Statutes, wherein the state is authorized to administer a self- insurance program. Provision of this certificate does not constitute the issuance of insurance other than on a self-insurance basis, and payment of any covered claim obligations is contingent upon availability of legislative funding. Throughout this policy the words "you" and "your' refer to the State Agency, Board, Bureau, or other authorized entity shown in the Declarations. The words "we ", "us" and "our" refer to the State Risk Management Trust Fund (the Fund). Other words and phrases that appear in "quotation marks" have special meaning. Refer to SECTION E - DEFINITIONS. A. COVERAGE We will pay for the actual loss of Rental Value you sustain due to necessary suspension of your 'operations" during the "period of restoration ". The suspension must be caused by direct physical loss of or damage to property at the premises described in the Declarations, caused by or resulting from any Covered Cause of Loss. 1. Rental Value Rental value means the: a. Total anticipated rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you; and b. Amount of all charges which are the legal obligation of the tenant(s) and which would otherwise be your obligations, and c. Fair rental value of any portion of the described premises which is occupied by you. 2. Covered Causes Of Loss See applicable Causes of Loss as shown in DI4- 853(Rev. 6100) your Certificate of Property Coverage. 3. Additional Coverages a. Expenses to Reduce Loss. We will pay any necessary expenses you incur, except the cost of extinguishing a fire, to reduce the amount of loss under this Certificate. We will pay for such expenses to the extent that they do not exceed the amount of loss that otherwise would have been payable under this Certificate. b. Civil Authority. We will pay for the actual loss of Rental Value you sustain caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. This coverage will apply for a period of up to two consecutive weeks from the date of that action. c. Alterations and New Buildings. We will pay for the actual loss of Rental Value you sustain due to direct physical loss or vaee 1 oft damage at the described premises caused by or resulting from any Covered Cause of Loss to: (1) New buildings or structures, whether complete or under construction; (2) Alterations or additions to existing buildings or structures; and (3) Machinery, equipment, supplies or building materials located on or within 100 feet of the described premises and: (a) Used in the construction, alterations or additions; or (b) Incidental to the occupancy of new buildings. If such direct physical loss or damage delays the start of "operations," the "period of restoration" will begin on the date "operations" would have begun if the direct physical loss or damage had not occurred. B. EXCLUSIONS See applicable Exclusions as shown in your Certificate of Property Coverage. C. LIMITS OF INSURANCE The most we will pay for loss in any one occurrence is the applicable Limit of Coverage shown in the Declarations. Payments under the Additional Coverages will not increase the applicable Limit of Coverage. D. LOSS CONDITIONS See applicable Loss Conditions as shown in your Certificate of Property Coverage except: 1. The coinsurance condition does not apply to Rental Value Coverage. DI4- 853(Rev. 6100) 16E 8 E. DEFINITIONS 1. "Operations" means the tenantability of the described premises. 2. "Period of Restoration" means the period of time that: a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of loss at the described premises; and b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforcement of any ordinance or law that (1) Regulates the. construction, use or repair, or requires the tearing down of any property; or (2) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of "pollutants ". The expiration date of this policy will not cut short the "period of restoration ". 3. " Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Daze 2 of 2