DRAFT

January 9, 2011

Neil Evans
President
Cuyahoga County Soldiers' and Sailors' Monument Commission
c/o Hahn, Loeser & Parks
200 Public Square, Suite 2800
Cleveland, Ohio 44114-2301

RE: Waiver of Employer’s Liability insurance requirements in Cuyahoga County

Soldiers' and Sailors' Monument Cooperative Use and Construction
Administration and Funding Agreements

Dear Mr. Evans:

The Cuyahoga County Soldiers' and Sailors' Monument Commission (the “Project
Sponsor”) has entered into a Cooperative Use Agreement (“CUA”) with the Ohio Cultural
Facilities Commission (the “Commission”) regarding the Cuyahoga County Soldiers' and
Sailors' Monument project. Pursuant to Article XI of the CUA, and Article IV of the
Construction Administration and Funding Agreement (“CAF”), the Project Sponsor is
required to maintain, or cause to be maintained, General Commercial Liability Insurance,
Special Form Property Insurance, Workers’ Compensation Insurance and Employer’s
Liability Insurance. Additionally, Article IV of the CAF requires the Project Sponsor to
maintain Builders’ Risk Insurance during the construction phase of the project.

Insurance coverage is maintained by Cuyahoga County (the “County”). The County

provides the insurance coverage required under the CUA and CAF for General
Commercial Liability Insurance through a self-insurance program, the County insures the
Project Sponsor’s facility under a Master Property Insurance policy and all of the Project
Sponsor’s employees are covered through the County by the Ohio’s Workers’
Compensation program. You have indicated that the County does not maintain a
separate Employers’ Liability Insurance.

Please accept this letter as a waiver of the requirements of Article XI, Section 5 of the
CUA and Article IV, Section 5 of the CAF that the Project Sponsor maintain, or cause to
be maintained, an Employer’s Liability Insurance policy. Such waiver shall remain in
effect throughout the term of the CUA as long as the County maintains insurance
coverage as required by the CUA for Commercial General Liability Insurance, Property
Insurance and Workers’ Compensation Insurance.

The Commission reserves its right under Article XI to review the insurance requirements
under the CUA, as modified by this letter, on an annual basis and as the Commission
 DRAFT
may reasonably request from time to time. Further, except as modified by this letter, the
rights and obligations of the parties under the CUA shall remain in full force and effect.

STATE OF OHIO, acting by and through the

OHIO CULTURAL FACILITIES COMMISSION

_____________________________
Kathleen M. Fox, Executive Director

Accepted by the Cuyahoga County Soldiers' and Sailors' Monument Commission

as of ____________:

CUYAHOGA COUNTY SOLDIERS' AND

SAILORS' MONUMENT COMMISSION

______________________________
Neil Evans, President

Approved as to form:

Nancy H. Rogers, Ohio Attorney General

on attached approval form dated: _____