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2023-20Click Here To Search Our Public Records Database Before Submitting Request Forms Can Be Submitted via Email to lodell(ii),tovvnofwaLilin, ,,erri�,. Or I 1 11 person/via rnail to 20 N4iddlebLIS11 Rd Wappingers Falls, NY 12590 F -OR INTERNAL USE ONLY Received by: Joseph P. Paoloni Lynn O'Dell Lori McConologue >,76 - Date Received: FOIL Ser. #: DEPARTMENT: ACCOUNTING CODE ENFORCEMENT PLANNING ZONING D FIRE INSPECTOR Date Applicant Contacted: HIGHWAY Date FOIL fulfilled or denied: RECEIVER OF TAXES Closed by: RECREATION Ll SUPERVISOR Ll TOWN CLERK WATER/SEWER DOG CONTROL OFFICER L TOWN ENGINEER L", TOWN ATTORNEY J Name: Desiree Yarber Address: Agency or firm:Cu�rasi R�ealty Telephone #: (828 ) ?-qq _65th TOWN OF WAPPINGER Application for Public Access to Records ReceiveFO-[LLREOUEST 'ro I In 'IAN 3 0 2023 �v of Wa Town FOR DEPARTMENT USE ONLY Date Received by Dept Department Head approval. Date Applicant Contacted: Date FOIL fulfilled or denied: J_ 13L Q3 Closed by: Date: Notes: yr j Amount Due, Pages for a total of check here If You are requesting that the records be mailed to this address. _v VAA 4: du����5cu�rasirealty.com Email address: desiree artier ��uress, SPECIFIC DESCRIP TON OF RECORD: Building Department records and Tax Record for 1668 Route 9 Unit 1 ingers Falls d—m —c-1 t OM s 2 OM Wappingers Falls r s t �an -:�z 'I h___ .112250590 This is for the joull� r,pose of real estate es u _p sp tor (I n I re resent the bill viver. I license ec note the h f �111,-Ev I �Sdd nh �om e ins pector noted the home may been in a fire if there are a " iiy records of this. MCAo �- ea lcm�_ a – FORMAT OF RECORD (if available) I request to be notified when I can come to inspect the record(s) described above request copies of the records described above and agree to pay the cost of such records in accordance with the fee schedule on the back of this application request that the records be sent via e-mail to the address listed above request that the records be faxed to the number listed above HELLO PLEASE SEE MY ATTACHED FOIL REQUEST FORM AVAILABLE IF NOT I CAN ALSO COME PICK IT UP Desiree Yarber Real Estate Salesperson Curas>i Realty, Inc. 1060 Stake Route 17K Montgomery, NY 12549 Cell: 828-238-5509 Office: 845-457-99 74 Email. Desire eYarber CurasiRealt .cam Website: DesireeYarber.CurasiRealt .com License #: 10401344477 . I WOULD PREFER EMAIL IF AND PAY THE FEE THANKS l will Wadi y01.1r errrta it tlut I �r.rr� r,c� )1 rrr�r I Y � I:o i.tlr your ctrre56crn alxor.rt: tl;ae; Ir�a.tlrrnc�rn & baserrierit sirace tins wra.s riot on your OriginalF01L. If there is ii-Aomiatiorr, for a fire d-lat the fire, irasl�ec tor° ler caws atbout, yes Ire 1VOUld be the on.e to reI)ly to the 11011,, Lynn O'Dell Town Of Wappinger Deputy Town Clerk R . From: desireeyarber <desirarber curasirealt .com> Sent: Monday, January 30, 2023 9:02 AM To: Lynn O'Dell <lodell townofwa in e_ __ rn , gv> Subject: RE: FOIL REQUEST ra'ello Thanks if there was a bathroom in the basement to see it was legal? Did I request the correct department also history of fire? -------- Original message -------- From: Lynn O'Dell <Iodell ctawnofwa in ernsav> Date: 1/30/23 S:S5 AM {GMT -05:00} To: Desiree Yarber <desiEppyp be a&urq� e I _corn> Subject: RE: FOIL REQUEST C" Od Morning g Dcsarec:, I 11,1ve scirl your FOR, to Our code enfbicerrie:izl iro departirrerrt 11 , Iirt i�xsl)e.c:tc.7r, & receiver cs['laxes. i�accqs uilc�rirr�aliara recai�estt cI ori the p,011,fM- (lira assessc>r-'s oflie:c. E? t(,lx dcp�rrainc°ill Coll('" You Willi their finding-S.-S.�,i11 Have a great. (h y. From: Desiree Yarber <desiree artier curasirealt .com> Sent: Sunday, January 29, 2023 2:41. PM To: Lynn O'Dell <lode11C@townofwann; n erny.gov> Subject: FOIL REQUEST HELLO PLEASE SEE MY ATTACHED FOIL REQUEST FORM. I WOULD PREFER EMAIL IF AVAILABLE IF NOT I CAN ALSO COME PICK IT UP AND PAY THE FEE THANKS Desiree Yarber Real Estate Salesperson Cur°asl Realty, Inc. 1060 Stats Route 17K Montgomery, NY 12549 Cell: 828-238-5509 Office: 845-457-9174 Email: L�esireeYarb_ _ erCurasi_Realty.com Website: DesireeYarber.CurasiReal# .com License #: 104131344477 Christa Verano From: Christa Verano Sent: Tuesday, January 31, 2023 3:42 PM To: 'desireey,arber@curairealty,com' Subject: 166,8 Route 9, 10M Attachments: 68-203.pdf, C99344.pdf, 2017-0128-pdf, VIOLATION.pdf Good afternoon, Per your FOIL request dated 1/30/23, see attached documentation for 1.668 Route 9 Unit 10M. There are plans in the file that are too large to scan. If you would like to come in and view the file, just let me know so we can schedule an appointment. Let me know if you have any questions. I M/1 ml Building Department Clerk Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 845-297-6256 x 123 I Se, V\� C , C' Click Here To Search Our Public Records Database Before Submitting Request Forms Can Be Submitted via Email to lode] lrci),,townofNva , Rd Wappingers Falls, NY 12590 or in person/via mail to 20 Middlebush FOR INTERNAL USE ONLY Received by: Joseph P. Paoloni F1 Lynn O'Dell Lori McConologue Date Received: / / FOIL Ser. 4. _24ZZ>- _7_0 DEPARTMENT: Date Received by Dept 0o ?3 Department Head approval: ACCOUNTING Ji CODE ENFORCEMENT Date Applicant Contacted: PLANNING efulluI, Date FOIlied r denied: ZONING D FIRE INSPECTOR HIGHWAY RECEIVER OF TAXES 1,141 RECREATION Ll SUPERVISOR 11 TOWN CLERK Li WATER/SEWER —I DOG CONTROL OFFICER L TOWN ENGINEER TOWN ATTORNEY Name: Desiree Yarber Address: TOWN OF WAPPINGER Application for Public Access to Records ReceiveciFOIL REOUEST JAN 3 0 2023 7 To n Of FOR, DEPARTMENT USE ONLY Date Received by Dept 0o ?3 Department Head approval: 41" 1� (init) Date Applicant Contacted: efulluI, Date FOIlied r denied: 1 213 Closed by: Date: Notes: Amount Due Agency or firm: Curasi Realty Telephone 4: (828 ) 238 -5509 FAX #: Email address: clesiree arber5curasireal'" cern Pages for a total of $_ check here if you are requesting that the records be mailed to this address, SPECIFIC DESCRIPTION OF RECORD: -Building Department records and Tax Record for 1668 Route 9 Unit 10M Wappingers Falls 12590 This is for the Du pose of real estate sales I represent the wyer. I licensed home ins pactor noted the home may been in a fire if there are any records of this. FORMAT OF RECORD (if available) 1 request to be notified when I can come to inspect the record(s) described above I request copies of the records described above and agree to pay the cost of such records in accordance with the fee schedule on the back of this application I request that the records be sent via e-mail to the address listed above I request that the records be faxed to the number listed above NEW YORK MUNICIPAL INSURANCE RECIPROCAL Insuring Our Own Future. PUBLIC OFFICIALS' LIABILITY (CLAIMS -MADE) TABLE OF CONTENTS PART1 COVERAGE PART 2 CONDITIONS A. Your Duties After Accident or Loss B. Other Insurance C. Our Right to Recover from Others D. Canceling this Policy During the Policy Period E. Nonrenewal and Conditional Renewal F. Legal Action Against Us G. Inspection H. Changes I. Transfer of Your Interest in this Policy J. Compliance/Severability K. Unintentional Errors and Omissions L. Prevention of Claims; Mitigation of Damages M. Insolvency or Bankruptcy PART 3 DEFINITIONS PART 4 EXTENDED REPORTING PERIODS PAGE 1 8 12 15 INTERLINE IL CY 08 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Cyber Exclusion This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART PUBLIC OFFICIALS LIABILITY POLICY LAW ENFORCEMENT LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not cover any loss, liability cost, damage, expense, fine or penalty resulting from or arising out of or related to, either directly or indirectly, in whole or in part, by: Unauthorized access, theft, alteration, corruption or disclosure of confidential, intellectual, proprietary or personal information and data including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion also excludes any liability for any loss, cost, damage, expense, fine or penalty, loss of use of, corruption of, inability to access, reduction in functionality, directly or indirectly caused by or contributed to or resulting from the following non -exhaustive list of events regardless of any other cause or other event contributing concurrently or in any other sequence to the loss, liability cost, damage, expense, fine or penalty: a) damage to or loss of data occurring on computer systems, b) an unauthorized access of computer systems, C) computer malware on computer systems, d) human error affecting computer systems, e) system failure occurring on computer systems, f) a defect of computer systems, g) social engineering, or h) cyber extortion. This exclusion applies even if loss, damages or expenses are claimed for notification costs, credit monitoring and repair expenses, forensic expenses, public relation expenses or any other loss, damage or expense incurred arising out of any access to or disclosure of any person's or organization's confidential, intellectual, proprietary or personal information and data. All other policy terms and conditions remain unchanged. IL CY 08 21 New York Municipal Insurance Reciprocal Page 1 of 1 PUBLIC OFFICIALS LIABILITY MPO 00106 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL ENDORSEMENT 1. This policy shall not be subject to coverage by the Property/Casualty Insurance Security Fund and the Provisions of Article 76 of the New York Insurance Law, The insured shall be contingently liable on a several basis for any assessment which may be unlimited and made in accordance with the New York Insurance Law. 2. In accordance with the New York Insurance Law, the Attorney -In -Fact, with the approval of Board of Governors (as the advisory committee), and within such times as the Superintendent prescribes, may order assessments in a manner determined by the Board of Governors for amounts to provide: a) Sufficient funds to make good any impairment (as defined by law); b) Sufficient funds to provide any surplus required by the Superintendent of Insurance or authorized by the Board of Governors; C) Sufficient funds to permit the repayment of any surplus loan or other borrowing. 3. Each subscriber (policyholder) shall pay on demand such subscriber's proportionate share of any assessment lawfully ordered or levied by the Board of Governors or the New York State Superintendent of Insurance as provided by the New York Insurance Law. 4. The contingent liability assessment of the subscriber shall be in an amount not less than one nor more than ten times the annual premium. 5. Any assessment shall be for the exclusive benefit of policyholders that provide for such a contingent liability and such policyholders shall not be liable to assessment in an amount greater than the ratio that the deficiency attributable to the assessable business bears to the total deficiency. There is no change in premiums as a result of this endorsement, MPO 001 06 98 New York Municipal Insurance Reciprocal Page 1 of 1 PUBLIC OFFICIALS LIABILITY MPO 100 09 21 THIS POLICY PROVIDES CLAIMS -MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. PUBLIC OFFICIAL'S LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties, and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as an Insured under this policy. The words "we", "us" and "our" refer to the New York Municipal insurance Reciprocal. The word "Insured" means any person or organization qualifying as such under WHO IS AN INSURED (PART 1 — COVERAGE; I. insuring Agreement, D. WHO iS AN INSURED) Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (PART 3). In return for the payment of premium and subject to the terms of this policy, we agree with you as follows: PART 1 --COVERAGE A. INSURING AGREEMENT 1. We will pay all sums the insured legally must pay as "Damages" because of a "Claim" first made against the "insured" by a third party during the policy period for an "Error or Omission" in the scope of duties for the Municipal Entity named in the Declarations. We will pay all sums the insured legally must pay as "Damages" because of a "Claim" first made against the insured by a third party during the policy period because of an "Error or Omission" alleging wrongful termination, discrimination, or harassment arising out of employment by "you" or application for employment by "you". 2. This insurance applies only if a "Claim" for "Damages" is first made against an Insured during the policy period, the Basic Extended Reporting Period, or the Supplemental Extended Reporting Period if purchased. A "Claim" will be deemed to have first been made when notice of such claim is received and recorded by any Insured or by us, whichever comes first. It is a condition precedent to coverage under this policy that the Error or Omission occur; a. during the "Policy Period"; or b. prior to the "Policy Period", provided that: i. the "Insured" did not notify and/or report the "Error or Omission" or related "Error(s) or Omission(s)" under any prior policy to which this policy is a renewal or replacement; and ii. prior to the inception date of the first Municipal Public Official policy issued by us and continuously renewed and maintained, no "Insured" knew that such "Error or Omission" could lead to a "Claim"; and iii, there is no other policy that provides insurance to the "Insured" for such "Error or Omission" or "Claim." MPO 100 09 21 New York Municipal Insurance Reciprocal Page'! of 13 This insurance does not apply to "Errors or Omissions" which occurred in whole or in part prior to the Retroactive Date shown in the Declarations or which occur after the policy period. 3. This insurance applies to damages for injury caused by an "Error or Omission" for which an "Insured" is held responsible, anywhere in the world, provided the original suit for such damages is brought within the United States of America, its territories or possessions, Puerto Rico or Canada. 4. We have the right and the duty to defend any "Claim" asking for these "Damages" even if it is groundless or fraudulent. Our payment of the LIABILITY LIMITS limit ends our duty to defend or settle. a. If we conclude that, based on "Errors or Omissions", claims which have been reported to us and to which this insurance may apply, the LIABILITY LIMITS of this policy are likely to be used up in the payment of judgments or settlements, we will notify the first Named Insured, in writing, to that effect. b. When a limit of insurance described in paragraph (a.) above has actually been used up in the payment of judgments or settlements, we will notify the first Named Insured, in writing, as soon as practicable, that: (1) Such a limit has actually been used up; and (2) Our duty to defend "Claims" seeking "Damages" subject to that limit has also ended. We will initiate, and cooperate in, the transfer of control, to any appropriate insured, of all "Claims" seeking "Damages" which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said "Claims". We agree to take such steps, as we deem appropriate, to avoid a default in, or continue the defense of, such Claims" until such transfer is completed, provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoeverwith respect to any "Claim" seeking "Damages" thatwould have been subject to that limit, had it not been used up, if the "Claim" is reported to us after that limit of insurance has been used up. The first Named Insured, and any other insured involved in a "Claim" seeking "Damages" subject to that limit, must arrange for the defense of such "Claim" within such time period as agreed to between the appropriate insured and us. Absent any such agreement, arrangements for the defense of such suit must be made as soon as practicable. c. The first Named Insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph (b.) above. The duty of the first Named Insured to reimburse us will begin on: 1) the date on which the applicable limit of insurance is used up, if we sent notice in accordance with paragraph (a.) above; or ii) The date on which we sent notice in accordance with paragraph (b.) above, if we did not send notice in accordance with paragraph (a.) above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements, and the resulting end of our duty to defend, will not be affected by ourfailure to comply with any of the provisions of the Conditions of the policy. e. We have the right, but not the duty, to appeal any judgment entered against you. 5. The "Damages" which would otherwise be payable under this insurance will be reduced by the deductible shown in the Declarations prior to the application of the OUR LIMIT OF LIABILITY provisions. To settle any MPO 100 09 21 New York Municipal Insurance Reciprocal Page 2 of 13 "Claim" we may pay all or part of any deductible stated in this policy, If this happens, you must reimburse us forthe deductible or the part of the deductible we paid. Should we find it necessary to file suit seeking recovery for amounts paid by us with regard to a deductible which is to be reimbursed by you, it has been agreed that you are responsible for all costs of collection, including attorney's reasonable fees and interest on the amount in question in the full amount allowed by law. B. WE WILL ALSO PAY In addition to OUR LIMIT OF LIABILITY, we will pay for the insured all expenses incurred in the defense of a "Claim", including but not limited to: 1. Premiums on appeal bonds for any "Claim" to which this insurance applies but the Company shall have no obligation to apply for or furnish any such bonds. 2. Premiums on bonds to release attachments for a "Claim" we defend but only for bonds up to our limit of liability but the Company shall have no obligation to apply for or furnish any such bonds. 3. All costs taxed to the "Insured" in a "Claim" we defend but only those costs that relate to a "Claim" covered under this policy. 4. All interest accruing after the entry of a judgment in a "Claim" we defend. Our duty to pay interest ends when we pay or tender our limit of liability. 5. Up to $250 a day for loss of earnings (but not other income) because of attendance at hearings or trials at our request. 6. Other reasonable expenses incurred at our request. C. WE WILL NOT COVER — EXCLUSIONS This policy does not apply to any "Claim(s)" or "Suit(s)" seeking "Damages", arising out of, resulting from, relating to, regardless of the theory of liability alleged: 1. 'Bodily injury" or "property damage". 2. Any dishonest, fraudulent, criminal, or malicious act or omission of the "Insured." 3. "Error(s) or omission(s)", deliberately done without just cause, excuse, or justification which are reasonably calculated to injure another or others. 4. The willful or knowing violation of statute, regulation or ordinance committed by or with the knowledge or consent of the "Insured." 5. An "Insured's" activities in a fiduciary capacity or as a trustee or in any similar capacity. 6. The rendering of, or failure to, render professional services by a member of the medical profession. This exclusion 6, shall not apply if the professional services are covered under a policy of insurance issued by NYMIR specifically covering professional services by a member of the medical profession. 7. Any land use issue, including, but not limited to, condemnation, inverse condemnation, adverse possession, dedication by adverse use, or disputes involving the application of impact or linkage fees. This includes, but is not limited to, takings and partial takings of private property resulting from the application of a land use, zoning, building, subdivision, or similar ordinance or regulation. 8. "Personal and advertising injury'. 9. Estimates being exceeded, or for faulty preparation of bid specifications or plans. MPO 100 09 21 New York Municipal Insurance Reciprocal Page 3 of 13 10. Unjust profit, enrichment, remuneration or advantage to which the "Insured" was not legally entitled, including, but not limited to, payment or reimbursement of taxes or other restitution. 11. Operations of or failure to adequately supply gas, oil, water, electricity or steam. 12. That would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of "Pollutants" at any time. Any loss, cost or expense arising out of any: a. request, demand, or order that any "Insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "Pollutants'; or b. "Claim" or a demand by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or assessing the effects of "Pollutants." 13. a. Actual or threatened injury or damage of any nature or kind to persons or property which arises out of, or would not have occurred but for, the "Asbestos Hazard;" or b. To pay, contribute to, indemnify another for any damages, judgments, settlements, loss, costs, or expenses that may be awarded or incurred by reason of any such "Claim" or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage. 14. Operational law enforcement activities. 15. a. Aircraft, Airfield, Runway, Hanger, Terminal or any other properties that are used for aviation activities; b. Medical Clinic; c. Hospital, Nursing Home or other type of medical facility; d. Gas Transmission System or Public Gas Utility; e. Educational System including any Higher Education Institution or Community College; f. Day Care, Day Camp, Nursery, or similar facility; g. Public Mass Transit or Public Transportation System, including but not limited to transport, operations and premises. h. Fire Department or Emergency Medical Services I. Housing Authority. This exclusion 15 operates to bar any "Claim" including, but not limited to, employment related claims that may involve employees of the specified facilities. However this exclusion would not apply to a "Claim" arising out of or related to, claimant's employment or application for employment that is otherwise covered under this policy if the Named Insured purchased an endorsement providing coverage for such claims for the specific facility or operation. 16. Any failure or omission of an "Insured" to effect or maintain insurance or bonds of any kind. 17. Breach of contract, except that with respect to a "Claim" for breach of an employment contract that is otherwise covered under the policy, we will pay "Claim Expenses" only with no obligation to pay any amounts owed pursuant to such contract. MPO 100 09 21 New York Municipal Insurance Reciprocal Page 4 of 13 18. Strikes, riots, or civil commotion. 19. The return by an "Insured" of any remuneration paid in fact to an "Insured" if payment of such remuneration shall be held by the courts to be in violation of law. 20. Damages, loss or expenses arising out of or contributed to by any tax assessment or adjustments, or the collection, refund, disbursement or application of any tax including but not limited to, the formulation of tax rates; the assessment or collection of taxes or fees; the disbursements of tax refunds; the assessment, appraisal or valuation of real property; relief sought under the Rea[ Property Tax Law; any allegation that the "Insured" improperly took action to collect taxes or foreclose on real property in violation of US Bankruptcy law or otherwise. 21. Any obligation for which the "Insured" or any carrier as the insurer may be held liable under any workers' compensation, unemployment compensation, disability benefits law, or under any similar law including acts arising out of class action suits. 22. Any breach of fiduciary duty, responsibility or obligation in connection with workers compensation, disability benefit, unemployment compensation, employee benefit, retirement or pension plan, including but not limited to, any pension, retirement, savings or profit sharing plan subject to ERISA or similar state statute, or any violation of or failure to comply with, ERISA or any similar state statute. 23. Any alleged or actual violation of a collective bargaining agreement, or the negotiation of any dispute regarding such agreement, including, but not limited to, grievance arbitrations. 24. Brought by any "Insured" or former "Insured" against any other "Insured" unless: a. the "Insured" bringing or filing the "Claim" is an employee, former employee, or job applicant, and such "Claim" is related to that capacity as such; and b. Such "Claim" is otherwise covered under this policy. However, any cross-claim or counterclaim whatsoever by, on behalf of, or in the right of one "Insured" against another "Insured" is excluded, regardless of the circumstances or basis. 25. Any actual or alleged failure, malfunction, delay or inadequacy of: a. any of the following owned, used by, or in the care, custody or control of any insured: i) computer hardware, including microprocessors; ii) computer application software; iii) computer operating systems and related software; iv) computer networks; v) microprocessors (computer chips) not part of any computer system; or vi) any other computerized or electronic equipment or components; or b. any data, record keeping or functions that directly or indirectly use or rely upon, in any manner, any of the items listed In subdivision a above due to the inability to correctly recognize, process, distinguish, interpret or accept one or more dates or times. 26. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement, or supervision provided or done by you for you to determine, rectify or test for, any actual or potential problems described in Exclusion 25 of this policy. 27. Any pending or prior litigation or hearings as well as any future "Claim" arising out of said pending or prior litigation or hearing; however, if this policy is a renewal of a policy issued by us, this exclusion shall only apply with respect to a pending or prior litigation or hearing prior to the effective date of the first policy issued and continuously renewed by us. MPO 100 09 21 New York Municipal Insurance Reciprocal Page 5 of 13 28. Sexual molestation, sexual misconduct or sexual abuse including any alleged direct sexual activity and any allegation relating thereto that an Insured negligently employed, investigated, supervised or retained a person or based on an alleged practice, custom or policy and including, without limitation, any allegation that the violation of a civil right caused or contributed to such "Claim". D. WHO IS AN INSURED Each of the following is an insured but only for acts within the scope of their duties for and employment by "you": I. You are an insured. 2. Any commission, board, authority, administrative department or other similar unit operated by or under your jurisdiction as an insured. 3. Any duly elected or appointed official, or member of a governing body, of a public entity which is an insured under 1 or 2 above, except those appointed officials or members of a governing body who are independent contractors who receive an IRS form 1099 from "you". 4. Any of your employees or authorized volunteers. No person or organization is an "Insured" with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the declarations. E. OUR LIMIT OF LIABILITY 1. Regardless of the number of (a) "insureds" under this policy (b) persons or organizations who sustain damages payable under this policy, (c) "Claims" made or brought on account of insurance afforded by this policy, or (d) the number of policies issued by us, the most we will pay for all damages resulting from any one claim is the LIABILITY LIMITS shown in the declarations. 2. All "Claims" resulting from a series of related "Errors or Omissions" will be considered as one "Claim" or "Suit". 3. Except where otherwise stated or endorsed to this Policy, we shall not settle any "Claim" without the consent of the Named Insured. However, if the Named Insured refuses to consent to the settlement of any Claim recommended by us after receiving our request for consent to settle, then our liability shall not exceed the amount for which the "Claim" could have been settled plus the "Claim Expenses" incurred up to the date of such refusal to consent. In addition, all expenses relative to the continued claim adjustment or legal proceedings incurred after the date of the Named Insured's refusal to consent to settle shall be the sole responsibility of the Named Insured. PART 2 — CONDITIONS The Insurance provided by this policy is subject to the following conditions: A. YOUR DUTIES AFTER ACCIDENT OR LOSS 1. As a condition precedent to the obligations of the Company under this policy, you must promptly notify us in writing of any "Error or Omission" or loss which may result in a "Claim". You must tell us how, when and where the "Error or Omission" happened. You must assist in obtaining the names and addresses of any injured persons and witnesses. Failure to give any notice required to be given by such policy within the time prescribed therein shall not invalidate any claim made by the insured or by any other claimant if it shall be shown not to have been reasonably possible to give such notice with the prescribed time and that notice was given as soon as was reasonably possible. MPO 100 09 21 New York Municipal Insurance Reciprocal Page 6 of 13 Notice of an "Error or Omission" Is not notice of a "Claim". Notice given by or on behalf of the insured, or written notice by or on behalf of the injured person or any other claimant, to any licensed agent of ours in New York State, with particulars sufficient to identify the insured, shall be deemed notice to us. 2. If a "Claim" is made or brought against any "Insured", you must: a. immediately record the specifics of the "Claim" and the date received; and b. notify us as soon as practicable in writing. You must see to it that we receive written notice of the "Claim" as soon as practicable. 3. Additionally, you and other Involved insureds must: a. cooperate with us in the investigation, settlement, or defense of any claim or suit. No insureds, except at their own cost, may voluntarily make any payment, assume any obligation, or incur any expense. b. Immediately send us copies of any notices or legal paper received in connection with the occurrence or loss. B. OTHER INSURANCE If there is other valid and collectible insurance (whether primary, excess, contingent, self-insurance or otherwise) against a "Claim" covered by this policy, the insurance hereunder shall be deemed excess over and above the applicable limit of all other insurance or self-insurance. This policy is specifically written as excess of coverage available under any extended reporting period, optional extended reporting period, and automatic extended reporting period orsimilar period in any prior policy or policies. It is the intent of this policy to apply only to a " Claim" for "Damages" which is more than the total limit of all other and valid and collectible insurance, whether primary, contributory, excess, contingent or otherwise. If any "Claim" for "Damages" is insured underthis policy is insured under any other policy, the "Claim" for "Damages" shall be paid first by that other policy. C. OUR RIGHT TO RECOVER FROM OTHERS 1. If we make any payment, we are entitled to recover what we paid from other parties. Any insured(s) to or for whom we make payment must transfer to us their rights of recovery against any other party. The insured(s) must do everything necessary to secure these rights and must do nothing that would jeopardize them. D. CANCELLING THIS POLICY DURING THE POLICY PERIOD 1. The First Named Insured may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. If this policy has been in effect for 60 days or less, we may cancel the policy by mailing or delivering to the first Named insured and the named insured's authorized agent or broker written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph (b.) below. b. 15 days before the effective date of cancellation if we cancel for any of the following reasons: i) Nonpayment of premium; MPO 100 09 21 New York Municipal Insurance Reciprocal Page 7 of 13 ii) Conviction of a crime arising out of acts increasing the hazard insured against; iii) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder; iv) After issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current policy; v) Material physical change in the property insured, occurring after issuance or last annual renewal anniversary date of the policy, that results in the property becoming uninsurable in accordance with our objective, uniformly applied underwriting guidelines in effect at the time that the policy issued or last renewed; or material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, that causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; vi) Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders, our creditors, or the public; vii) A determination by the Superintendent that the continuation of the policy would violate, or would place us in violation of, any provision of the Insurance Code; viii) Where we have reason to believe, in good faith and with sufficient cause, that there is a probable risk of damage that the insured will destroy, or permit to be destroyed, the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason, you may make a written request to the Insurance Department within 10 days of receipt of this notice, to review our cancellation decision. Also, we will simultaneously send a copy of this cancellation notice to the Insurance Department. c. Cancellation of policies in effect for more than 60 days: If this policy has been in effect for more than 60 days, or if this policy is a renewal or continuation of a policy we issued, we may cancel this policy only for any of the reasons listed in paragraph b. above provided: i) We mail the first Named Insured written notice of cancellation at least 16 days before the effective date of cancellation; and ii) If we cancel for nonpayment of premium, our notice of cancellation informs the first Named Insured of the amount due. d. We will mail or deliver our notice including the reason to the first Named Insured and the named insured's authorized agent or broker, if any, at the address shown in the policy. 3.The effective date of cancellation stated in the notice will become the end of the policy period. 4. if this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. However, making or offering to make the refund is not a condition of the cancellation. If you cancel, the refund, if any, will be computed in accordance with the customary short rate procedure. If we cancel, the refund, if any, will be computed pro rata. E. NONRENEWAL AND CONDITIONAL RENEWAL 1. If we decide not to renew or continue this policy we will send notice as provided in paragraph (3.) below along with the reason for non renewal. 2. If we condition renewal of this policy upon: a) Change of limits; MPO 100 09 21 New York Municipal insurance Reciprocal Page 8 of 13 b) Change in type of coverage; c) Reduction of coverage; d) Increased deductible; e) Addition of exclusion(s); f) Increased premiums in excess of ten percent (10%) exclusive of any premium increase due to and commensurate with insured value added; or as a result of audit; then, we will send notice as provided in paragraph (3.) below, along with the reason for the conditional renewal, the amount of any premium increase and, in plain and concise terms, the nature of any proposed changes. 3. If we decide not to renew or continue this policy, or to conditionally renew this policy as provided in paragraphs (1.) and (2.) above, we will mail the named insured and the named insured's authorized agent or broker notice at least 60 but not more than 120 days before the end of the policy period. 4. We will not send the named insured and the named insured's authorized agent or broker notice of non- renewal or conditional renewal if you deliver written notice that the policy has been replaced or is no longer desired. b. Any notice of cancellation or non -renewal along with the reason for cancellation or non -renewal will be mailed to the named insured and the named insured's authorized agent or broker at the address shown in the policy. However, we may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. F. LEGAL ACTION AGAINST US No legal action may be brought against us until there has been full compliance with all terms of this policy. In addition, no legal action may be brought against us until we agree in writing that the insured has an obligation to pay or until the amount of that obligation has been finally determined by judgment. No person or organization has any right under this policy to bring us into any action to determine the liability of the insured. G. INSPECTION At our option, we may inspect your property and operations at any time. These inspections are for our benefit only. By our right to inspect or by making any inspection, we make no representation that your property or operations are safe, not harmful to health, or comply with any law, rule or regulation. H. CHANGES This policy contains all agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment, we will adjust the premium as of the effective date of change. If we revise the policy form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective. I. TRANSFER OF YOUR INTEREST IN THIS POLICY Your rights and duties under this policy may not be assigned without our prior written consent J. COMPLIANCE/SEVERABILITY If any provision of this policy is prohibited, illegal, or void by any law controlling its construction, the provision is amended to comply with the minimum requirements of the law. The invalidity of any provision does not invalidate the remainder of the policy. K. UNINTENTIONAL ERRORS AND OMISSIONS Any error, misstatement, mistake in information, or misrepresentation made at or before the inception of the policy by you to us may invalidate the insurance provided by this policy if it is material, whether or not it is intentional or unintentional. An error, misstatement, mistake in information, or misrepresentation is determined to be material if our MPO 100 09 21 New York Municipal Insurance Reciprocal Page 9 of 13 knowledge of the misrepresentation would have led us to refuse issuance of this policy. However, we are entitled to Premium based upon the correct information. L. PREVENTION OF CLAIMS; MITIGATION OF DAMAGES When an insured is aware of a "Claim" to which this policy applies, or of any fact(s), circumstance(s) or event(s) that should reasonably be expected to result in a "Claim" for "Damages", the insured shall promptly, at its own expense, take all reasonable steps to prevent further injury or damage of any nature resulting from, or related to such claim, fact(s), circumstances) or event(s). M. The insolvency or bankruptcy of the insured shall not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of and within the coverage of the policy. PART 3 - DEFINITIONS A. "Asbestos" means the mineral in any form, including but not limited to fibers or dust. B. "Asbestos hazard" means: 1. An actual exposure or threat of exposure to the harmful properties of asbestos; or 2. The presence of asbestos in any place, whether or not within the building or structure. C. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: 1. Notices that are published include material placed on the Internet or on similar electronic means of communications; and 2. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. D. 'Bodily Injury" means bodily injury, sickness or disease, or emotional distress and/or mental anguish, sustained by a person including death resulting from any of these at any time. E. "Claim" means a Notice of Claim pursuant to New York General Municipal Law Section 50e or a civil proceeding alleging an "Error or Omission" filed against an "Insured" in a court of law, which seeks "Damages." "Claim" does not include administrative proceedings or hearings, except for administrative complaints filed with and investigated by a governmental agency that is both charged with enforcing employment discrimination laws and has the authority to award "Damages." Claim does not mean any proceeding brought, in whole or in part, under Article 78 of the New York Civil Practice Laws and Rules, regardless of the legal theory alleged or the relief sought. F. "Claims Expenses" means fees, costs and expenses charged by attorneys selected and retained by us and all other reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a "Claim", but does not include salaries, loss of earnings or reimbursement to you for time, expenses or attendance associated with the defense or investigation of a "Claim". G. "Damages" means money, including attorney's fees or costs awarded for claims covered under this policy. "Damages" does not mean: 1 -fines or penalties; 2. any claim asking for injunctive, equitable or non -monetary relief; 3. attorney's fees or costs associated with claims for injunctive, equitable or non monetary relief; 4. attorney's fees or costs awarded for claims for which coverage is otherwise excluded under this policy; MPO 100 09 21 New York Municipal Insurance Reciprocal Page 10 of 13 6. wages or any benefits arising out of any claim by anyone related to their employment or application for employment by "you." 6. punitive damages, exemplary damages, or multiple damages or liquidated damages pursuant to anyfederal or state statute. H. "Discrimination" as used in this policy refers to disparate impact or vicarious liability only. I. "Error or Omission" means any actual or alleged error or misstatement, or act of omission or neglect, or breach of duty including misfeasance and nonfeasance, by the insureds in the discharge of their duties with the public entity. All "Error(s) or Omissions(s)" committed by one or more insureds that are substantially the same or are in anyway directly or indirectly related -- either logically, causally or temporally — shall be deemed to constitute one "Error or Omission", regardless of the number of "Claims" or claimants. All claims arising out of (a) a riot or insurrection; (b) a civil disturbance resulting in an official proclamation of a state emergency; (c) a temporary curfew; (d) martial law; (e) the application or enforcement of a departmental policy; or (f) a certified class action are agreed to constitute one "Error or Omission". In the cases involving (e) above, the "Error or Omission" is deemed to have occurred during the earliest date on which the application or enforcement of a departmental policy took place. In cases involving (f) above, the "Error or Omission" is deemed to have occurred on the earliest date during the POLICY PERIOD of all policies issued by the COMPANY on which a class member sustained "Damages" for which coverage exists under this policy. J. "Hospital" includes all hospitals, clinics, nursing homes, rehabilitation facilities, and other similar health care facilities. K. "Insured" means any person or organization qualifying as an insured in the WHO IS INSURED section of the policy. Except with respect to OUR LIMIT OF LIABILITY, the insurance afforded applies separately to each insured who is looking for coverage or against whom a claim is made or suit is brought. L. "Personal and Advertising Injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: I. False arrest, detention or imprisonment; 2. Malicious prosecution; 1 The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor. 4. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's good, products or services. This definition does not apply to a claim made by someone related to their employment or application for employment by you. 5. Oral or written publication, in any manner, of material that violates a person's right of privacy. This definition does not apply to a claim made by someone related to their employment or application for employment by You. 6. The use of another's advertising idea in your "advertisement". 7. Infringing upon another's copyright, trade dress or slogan in your "advertisement." M. "Pollutants" means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, fumes, soot, acid, alkalis, chemicals, and waste. Waste includes material to be recycled, reconditioned, or reclaimed. N. "Property Damage" means: MPO 100 09 21 New York Municipal Insurance Reciprocal Pagel 1 of 13 1. Physical injury to tangible property including all resulting loss of use of that property; or 2. Loss of use of tangible property that is not physically injured; or 3. Diminution in the value of tangible property, whether physically injured or not. PART 4 -- EXTENDED REPORTING PERIODS A. We will provide one or more Extended Reporting Periods as described below if: 1. This policy is: a. Cancelled; b. Nonrenewed; c. Changed by: i) Decrease in limits; ii) Reduction of coverage; iii) Increased deductible or Self -Insured Retention; or iv) New exclusion(s) or any other change in coverage less favorable to the insured. 2. We renew or replace this policy with other insurance that does not apply to "Damages" on a claims -made basis. B. A Basic Extended Reporting Period is automatically provided without additional charge. This Basic Period starts with the end of the policy period and lasts for (90) days. During the Basic Period you will have the right, subject always to subclause D below, to report both claims made and, consistent and in Accordance with paragraph A.1 PART 4 — CONDITIONS before the end of the Basic Extended Reporting Period. There is no c overage during the Basic Extended Reporting Period for any other claims. Within 30 days of policy termination, we will advise you of the automatic 90 days Basic Extended Reporting Period and the availability of, the premium charge for, and the importance of purchasing the Supplemental Extended Reporting Period coverage. The Supplemental Extended Reporting Period will not go into effect unless you provide written notice of your election to purchase it and the additional premium due is received by us. You have the greater of sixty (60) days from the effective date of termination of coverage, or thirty (30) days from the date of mailing or delivery of the advertisement of opportunity/importance of purchasing Extended Reporting Period Coverage to submit written notice and premium. C. The additional premium for Supplemental Extended Reporting Period will be as follows_ 1. For a One (1) year Supplemental Extended Reporting Period, the additional premium will be 75% of the annual premium of this policy. 2. For a Two (2) year Supplemental Extended Reporting Period, the additional premium will be 125% of the annual premium of this policy. The applicable endorsement will set forth the terms, not inconsistent with this Part, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for "Claims" first received during such Supplemental Extended Reporting Period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. D. The Basic -Extended Reporting Period or any Supplemental Extended Reporting Period _do not extend the policy period or change the scope of coverage provided. They apply only to "Errors or Omissions" which occurred before the end of the policy period (but not before the Retroactive Date shown in the declarations). MPO 100 09 21 New York Municipal Insurance Reciprocal Page 12 of 13 i "Claims" for such injury or damage which are first received and recorded during the Basic Extended Reporting Period (or during the Supplemental Extended Reporting Period, if it is in effect) will be deemed to have been made on the last day of the policy period. Once in effect, Extended Reporting Periods may not be cancelled. E. Under your policy you have an aggregate limit. There is no provision in this policy to reinstate this aggregate should it be exhausted by payment of claims. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this Policy applies (as shown in Item 3. LIABILITY LIMITS in the Declarations). F. During the policy period and any Extended Reporting Periods, a person employed bythe Named Insured or otherwise covered under this policy through their affiliation with the Named Insured, shall continue to be covered during the policy period and any Extended Reporting Periods, after the affiliation has ceased for such person's covered act or omission during such affiliation. This policy shall provide Extended Reporting Period coverage upon termination of coverage to any person covered under the policy, if; 1. The insured is placed in liquidation, or bankruptcy, or permanently ceases operations; 2. The insured or its designated trustee does not purchase Extended Reporting Period Coverage; 3. Such person requests the Extended Reporting Period coverage in writing within 120 days of the termination of coverage. MPO 100 09 21 New York Municipal Insurance Reciprocal Page 13 of 13 f EXTENDED EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT MPO 110 (05-98) Back Wages Option a) With respect to any claim based upon or attributable to employment or application for employment with the insured the definition of "damages" is amended to read: "Damages" means money and does not include fines or penalties or any claim asking for injunctive or equitable relief, or attorneys fees or costs associated with a claim for injunctive or equitable relief. "Damages" does not include wages or any benefits arising out of any claim by anyone related to their employment or application for employment by "you" or for any amount awarded as liquidated damages pursuant to any federal or state statute if such "damages" arise out of an error or omission committed prior to the effective date of this policy or arise from collective bargaining agreements. b) The following item is added to our limit of liability: Subject to the limits stated in the declarations NYMIR shall only be liable to pay $150,000 of damages in excess of 25% of the total claim or $5,000 whichever is greater for back wages, overtime, or similar claims arising out of each error or omission even if designated as liquidated damages under any federal, state, or local statutes, rules, ordinances, or regulations. This limit is part of, and not in addition to, the limits of liability shown in the policy declarations. Any payments made hereunder shall be included in the "annual aggregate" limit of liability stated in the policy. Mental Anguish or Emotional Distress Option. It is hereby understood and agreed that the definition of "bodily injury" is amended to read: "Bodily Injury" means physical injury to the body, sickness or disease sustained by a person as the result of direct physical injury to the body, including death resulting from any of these at one time. In addition, "Bodily Injury" includes mental anguish that results from an employment practice. Non -Monetary Defense Option With regard to any claim based upon or attributable to employment or application for employment with the insured the definition of "damages" is amended as follows: "Damages" does include defense for claims demands or actions seeking relief or redress in any form other than monetary damages it monetary damages are also requested. In addition, "damages" also includes defense for claims, demands or action in which monetary damages are not requested, if not excluded elsewhere in the policy, until the expenses incurred in the defense of such claims reaches a limit of $25,000 per error or omission not to exceed $50,000 for each policy period. MPO 110 (05-98) Page I of 1 PUBLIC OFFICIALS LIABILITY MPO 150 03 93 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) It is hereby understood and agreed that: b. The nuclear material is contained in spent fuel or waste at any time possessed, A. THIS POLICY DOES NOT APPLY: handled, used, processed, stored, transported, or disposed of by or on behalf 1. Under any Liability Coverage, to bodily injury or of an insured; or property damage. a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnify from the United States of America, or an agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 3. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if c. The bodily injury or property damage arising our of the furnishing by an insured of services, materials, parts, or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion(s) applies only to property damage to such nuclear facility and any property threat. B. AS USED IN THIS ENDORSEMENT: "Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means source material, special nuclear material or byproduct material; "Source material," "special nuclear material," and "byproduct material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste" means any waste material (a) containing byproduct material and (b) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph 1 or 2 thereof; "Nuclear facility" means a. The nuclear material (1) is at any nuclear facility owned by, or operated by or on 1. Any nuclear reactor, behalf of, an insured or (2) has been discharged or dispersed therefrom; 2. Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or MPD 150 03 93 New York Municipal Insurance Reciprocal Page 1 of 2 utilizing spent fuel, or (c) handling, processing or packaging waste, 3. Any equipment or device used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, 4. Any structure, basin, excavation, prem isos or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" moans any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. MPO 150 03 93 New York Municipal Insurance Reciprocal Page 2 of 2 PUBLIC OFFICIALS LIABILITY MPO 200 06 08 THIS IS A COVERAGE ENDORSEMENT, PLEASE READ IT CAREFULLY. LAND USE LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: Municipal Public Officials Liability Coverage Part 1. Coverage at C. WE WILL NOT COVER— EXCLUSIONS It is hereby understood and agreed that Exclusion 7 under Part 9.0 is deleted and replaced with the following: 7. eminent domain, condemnation, inverse condemnation, adverse possession, dedication by adverse use or any other land use claim, but this exclusion does not apply to any "land use regulation claim" or any taking of property claim wherein the taking of property is incident to an arrest. The following additional definition is added to Part 3 — DEFINITIONS L. "Land Use Regulation Claim" means any claim arising out of the application of a land use, zoning, building, subdivision or other similar ordinance or regulation, and not from the physical occupation, invasion or use of the property. Part 3 — DEFINITIONS, F. is amended by adding the following: With respect to any "Land Use Regulation Claim", "Damages" also includes the amount you are obligated to pay for the loss of use of property during that period of time beginning with the initial enforcement of a land use, zoning, building, subdivision or other similar ordinance or regulation, and ending with the final determination by the courts that the enforcement of a land use, zoning, building, subdivision or other similar ordinance or regulation constitutes a taking of private property. The alleged taking of private property must occur in whole after the Retroactive Date shown on the Declarations page. "Damages" does not include amounts paid or payable for the purchase or permanent acquisition of property or property rights, or the right to permanently enforce an ordinance, regulation or restriction on the use of property. Part 3 — DEFINITIONS, N is amended by deleting "3. Diminution in the value of tangible property, whether physically injured or not." but only with respect to Land Use Regulation Claims. A "Land Use Regulation Claim" shall be deemed to have been made when a suit seeking damages is filed against you. A "Land Use Regulation Claim" is covered under this endorsement only if the claim is made during the term of this policy, during the Basic Extended Reporting Period, or during the Supplemental Extended Reporting Period, if purchased by you. MPD 200 06 08 New York Municipal Insurance Reciprocal Page 1 of 1 PUBLIC OFFICIALS LIABILITY MPO 300 03 93 NOTICE TO INSUREDS - NEVA YORK REGULATION 121 It is hereby understood and agreed that: This coverage part applies only to claims first made against the insured while the policy remains in effect and reported to us during the policy period, the Basic Extended Reporting Period or the Supplemental Extended Reporting Period if purchased. This coverage part provides no coverage for claims arising out of incidents, occurrences, or alleged wrongful acts which took place prior to the retroactive date stated in the Declarations. This coverage part has a 90 -day Basic Extended Reporting Period and, if purchased, a one or two year Supplemental Extended Reporting Period. This Basic Extended Reporting Period starts with the end of the policy period and lasts for ninety (90) days. The Supplemental Extended Reporting Period will not go into effect unless you provide written notice of your election to purchase it and the additional premium due is received by us. You have the greater of sixty (60) days from the effective date of termination of coverage, or thirty (30) days from the date of mailing or delivery of the advisement of opportunity/importance of purchasing Extended Reporting Period Coverage to submit written notice and premium. Insureds are advised that potential gaps in coverage may arise upon expiration of any Extended Reporting Period. Claims -made rates are comparatively lower than occurrence rates during the first several years of the claims -made relationship. The insured can expect annual premium increases, independent of overall rate level increases, until the claims -made relationship reaches maturity. The additional premium for the Supplemental Extended Reporting Period will be: One (1) year Supplemental Extended Reporting Period — 75% of the annual premium of this policy. Two (2) year Supplemental Extended Reporting Period — 125% of the annual premium of this policy. During the policy period and any Extended Reporting Periods, a person employed by the Named Insured or otherwise covered under this policy through their affiliation with the Named Insured, shall continue to be covered during the policy period and any Extended Reporting Periods, after the affiliation has ceased for such person's covered act or omission during such affiliation. This policy shall provide Extended Reporting Period coverage upon termination of coverage to any person covered under the policy, if: 1. The insured is placed in liquidation, or bankruptcy, or permanently ceases operations; 2. The insured or its designated trustee does not purchase Extended Reporting Period Coverage; 3. Such person requests the Extended Reporting Period coverage in writing within 120 days of the termination of coverage. All other terms and conditions remain the same. MPO 300 03 93 New York Municipal Insurance Reciprocal Page 1 of 1 PUBLIC OFFICIALS MPO 600 04 09 THIS IS A COVERAGE ENDORSEMENT. PLEASE READ IT CAREFULLY. WHO IS AN INSURED COVERAGE ENDORSEMENT PUBLIC OFFICIALS COVERAGE PART This endorsement modifies insurance provided under the following: WHO IS AN INSURED D, WHO IS AN INSURED Each of the following is an insured but only for acts within the scope of their duties for and employment by "you": 1. You are an insured. 2. Any commission, board, authority, administrative department or other similar unit operated by or under your jurisdiction as an insured. 3. Any duly elected or appointed official, or member of a governing body, of a public entity which is an insured under 1 or 2 above. 4. Any of your employees or authorized volunteers. MPO 600 04 09 New York Municipal Insurance Reciprocal Page 1 of 1 PUBLIC OFFICIALS LIABILITY MPO 700 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FALSE LIEN COVERAGE This endorsement modifies insurance provided under the following: PUBLIC OFFICIALS LIABILITY POLICY The following is added to PART 1 — COVERAGE F. FALSE LIEN COVERAGE 1. Subject to the sublimit listed below, we will pay on behalf of an Insured the cost of removing false liens placed on the Insured's personal or real property. 2. Subject to all other terms and conditions of this policy, we will pay a maximum of $10,000 per Insured/$10,000 in the Aggregate under this Coverage Part. 3, The Public Official Liability Coverage deductible does not apply to this Coverage Part. All other policy terms and conditions remain unchanged. MPO 70011 13 New York Municipal Insurance Reciprocal Page 1 of 1