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HomeMy WebLinkAbout12139 ORD - 06/12/1974JRR- *h:6- 11 -74; 1st • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCES- SIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1974 AND TO TERMINATE ON OCTOBER 31, 1977, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, a TEXAS: SECTION 1. That the City Manager is hereby authorized and 9 directed, for and on behalf of the City of Corpus Christi, to execute a contract with Margie Bennett dba Coliseum Concessions, granting the rights of concession at the Exposition Hall and Memorial Coliseum on Shoreline Boulevard, in the City of Corpus Christi, said concession rights to commence on November 1, 1974 and terminate on October 31, 1977, subject to the terms and conditions as set out in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". I-2_1139 AGREEMENT THE STATE OF TEXAS X X RNUd ALL MEN BY THESE PRESENTS: COUM OF NDECES X This contract made and entered into effective on the 1st day of November, 1974, by and between the City of Corpus Christi, a municipal corporation, hereinafter called "City ", and Margie Bennett dba Coliseum Concessions, of Corpus Christi, Nueces County, Texas, hereinafter called "Concessionaire ", W I T N E S S T H• The City hereby grants unto concessionaire the rights of concession, as hereinafter defined, at the locations hereinafter specifically set out, subject to the terms, conditions and covenants as follows, to -wit: I Terms of the Agreement. In consideration of the rent hereby provided to be paid by the concessionaire and the covenants on her behalf herein contained, the City hereby grants concessionaire rights to concession for a term beginning November 1, 1974, and ending at 11:59 p.m., on October 31, 1977, (unless previously terminated under any provision herein contained) the designated concession locations in the Coliseum, the Exposition Hall and the Patio area for the sale and dispensing of food, beverages and other merchandise as hereinafter provided. II Concession Rights Defined. The concession rights and privileges herein granted are the exclusive right to make direct sales to the public of soft drinks, beer, sandwiches, popcorn, candy floss, and other merchandise usually and customarily handled by a concessionaire, except that the City retains the right to: (A) Handle catering separately and independently from the concession contract. (B) Grant permission for merchandise to be given away on the premises and is in no way obligated to the concessionaire to force such merchandise to be purchased through her. (C) Use space designated for concessions (excepting office and in- ventory storage) when the concessionaire is not using such space. (D) Make final decision on matters which may arise not specifically covered in the specifications including the interpretation thereof. E C: (E) This concession does not include the right for Concessionaire to sell space for either temporary or permanent signs. The City especially reserves this right to itself. (F) Approve the form of products to be sold and to require the containers to be suitable for consumption of the product on premises immediately after sale. (G) To superintend sales to the extent that sales shall be only at and for a reasonable length of time before and after the time of the performance or function being served and so as to insure that the sales will not interfere with the conduct of the performance or function being served. III Location of Concession. The City will provide and make available to the Concessionaire and except for the supervision of the City to be in the exclusive control of the Concessionaire the following: (1) Exposition Hall - One (1) enclosed stand 8' x 15' with sink, counter and cupboards. (2) Coliseum - Two (2) 62' x 5' stands with sinks, work areas and approximately 300 square feet of enclosed space for inventory storage and office. IV The City agrees to furnish the following: (A) Utilities: Standard outlets and connections for gas, water and electricity for service of concession activities only. Monthly utility bills will be paid by the City. (B) Equipment: Installation and major maintenance and repairs to the following will be paid by the City: On Premises: 1 Walk -ia Freezer 1 Reach -in Refrigerator 1 Walk -in Beer Cooler 1 Ice Machine and Storage Bin 2 Perlick Beer Dispensers 2 Candy Floss Machines 2 Central Poppers, 32 oz. 2 Sno -Cone Machines 2 Hot Dog Warmers 2 Electric Stoves 1 Large Safe -2- V Obligations of Concessionaire. The Concessionaire will be responsible to the City as follows: (A) Compliance with all City health regulations and all ordinances of the City of Corpus Christi as they affect the concession operation. Concessionaire will secure at its sole expense all permits, licenses, etc., required by any governmental agency. (B) Insurance. The Concessionaire covenants that it will carry in- surance as follows: 1. Before permitting any employees to begin working in any capacity. Concessionaire shall cover all employees by Workmen's Compensation Insurance, or other coverage approved by the State Industrial Accident Board. 2. Before beginning or permitting the installation of any furnishings, fixtures, equipment, etc., Concessionaire shall procure and keep in full force and effect Public Liability and Property Dqmage Insurance under which the City shall be co- insured. 3. Before opening up for business, Concessionaire shall procure either by separate policy or by appropriate rider to its Public Liability Insurance Products Liability coverage which is sometimes referred to as Food Handlers or Restaurant Operators Protection (protecting against claims for damages to persons claiming to have been served unwholesome foods, etc.). The policies referred to in 2 and 3 above, shall be in amounts pro- vided for protection of not less than $50,000 against liability or damage to property in any one accident and protection of not less than $50,000 for injury to one person subject to a limit of not less than $100,000 protection if injury to two or more persons in a single accident or other occurrence. The originals of all of the policies referred to in 1, 2 and 3 above, or copies thereof, certified by the agent issuing them, shall be deposited by the Concessionaire with the Coliseum Manager who shall forward them to the Director of Finance for custody. They shall include provisions that they -3- cannot be cancelled except after the expiration of fifteen days after delivery of notice of the intention to cancel to the Director of Finance. Failure on the part of the Concesionaire to furnish a new policy or certified copy before the expiration date of such policy or failure to furnish a new policy before the date so fixed for the cancellation of the existing policy so that the risk referred to shall be continuously protected will constitute a default on the part of the Concessionaire entitling the City to its option to terminate the entire agreement. If either of the policies referred to in 2 and 3 above do not show upon their face that they are a flat premium policy and the premium has been paid in full, they must be accompanied by a rider or other appropriate certificate or waiver sufficient to establish that the company or agency issuing the same is entitled to look only to the Concessionaire for any premium payments and has no right to recover any premiums from the City of Corpus Christi. The Public Liability Policy or the policies referred to in 2 above shall include provisions that the City is fully protected not only against claims on behalf of the general public, but also against claims on the part of any of the Concessionaire's employees, including claims based upon alleged negligence an the part of the City, its officers, agents or employees. If Concessionaire cannot procure such broad protection for the City as a part of its Landlord - Tenant Public Liability Policy, it shall at its sole cost and expense furnish other appropriate policies, approved by the City Insurance Committee and City Attorney, which will also protect the City. (C) Posting in a conspicuous place visible from every location where merchandise is sold, a schedule of prices approved in writing by the Coliseum Manager. Prices charged shall not be in excess of those charged under similar conditions elsewhere in the City. (D) Maintaining a clean, safe, orderly, and sanitary operation within the concession locations and adjacent areas. (E) Returning the premises and equipment to the City in the condition received except for normal wear and tear. (F) Collecting debris in the concession stands in covered containers and placing same in designated trash areas outside the building at the conclusion of each event served. (G) Providing a detailed report at the conclusion of each event served on forms to be provided by the City and reporting income from sub- contracts, if any, as earned. -4- (H) Consulting with and receiving approval from the Coliseum Manager on the quality, quantity and price schedule of all concession merchandise. (I) Requiring employees to wear appropriate uniforms to indicate the fact and nature of such employment and to present themselves to the public in a clean and neat condition and in polite and courteous manner. Drinking on duty, showing up in a condition unfit for work, or objectionable conduct, will give the City the right to demand immediate dismissal of concession help, and, if manage- ment or the Concessionaire is the party involved, immediate cancellation of the contract. (S) Being prepared to furnish additional equipment (other than that provided by the City) and personnel sufficient to serve up to 6,000 people in the Coliseum during a 20- minute intermission upon reasonable notice from the Coliseum Office. (The term "sufficient" as used in the foregoing paragraph means that Concessionaire will have on hand equipment and personnel adequate to serve all persons attending the particular event.) VI General Provisions: (A) It is a condition of the concession rights herein offered that the City will not be responsible to the Concessionaire in any manner for merchandise, equipment, etc., belonging to the Concessionaire if such are not removed from the concession locations by the Concessionaire during periods when concession locations may be otherwise occupied. It is likewise a condition that equipment and merchandise which is not in the sole possession of the Concession- aire may not be removed. It is further a condition that the Concessionaire is entitled to use any and all equipment in the concession locations during occupancy. (B) When temporary concession stands are required at locations other than those already specified the City will provide the space and standard utilities and the Concessionaire will be responsible for setting up and taking down such temporary concession stands. (C) Operation of the concession will at all times be in keeping with the activity using the facilities and restraint shall be exercised in the handling of any equipment to minimize interference with the served event caused by resulting noise. -5- The Coliseum Manager shall have the right to instruct the Concessionaire to cease those operations which produce disturbing noises during those periods when the resulting noise will interfere with the enjoyment of the event in process. Such instruction shall be immediately complied with. Beer sales will be allowed only after the activity using the building first obtains permission in writing from the City for such sales as set forth in Ordinance No. 5918. (D) Subcontracts: (1) Concession items such as programs, novelties, song books, autographed pictures, etc., usually carried by traveling shows and not normally stocked by the Concessionaire, and addi- tional stands set up on a temporary basis with equipment not owned by the City or the Concessionaire are considered as subcontracts. Privilege agreements between the Concessionaire and the subcontractor for such items must be approved by the Coliseum Manager and, in case of a dispute, the decision of the Coliseum Manager shall be final. (2) Arrangements for vending machines will be made by the Coliseum Manager but supervision of the machines to see they are stocked and moved according to the event is the responsibility of the Concessionaire. Vending machines are considered to be subcontracts. (3) When the Concessionaire does not operate as a retailer but supplies concessions as defined in Section II herein on a per-person basis, such service will be considered a subcontract. (4) A flat 50% of net receipts from subcontracts will be paid to the City by the Concessionaire, except as shown in paragraph (5) under (D), Article VI. (5) When the Concessionaire operates as a caterer supplying food on a per - person basis, such service will be considered 'a food subcontract payable to the City at 252 of ne t. (E) Maintenance of City -owned equipment will be the responsibility of the Concessionaire and City employees will not service the equipment unless a request for major repairs or maintenance is reported to the Coliseum Office. -6- In the event an outside caterer wishes to buy ice, arrangements will be handled through the Concessionaire so his stock of ice will not be depleted without his knowledge and such sales will be considered as part of the gross sales of Concessionaire. (P) The Concessionaire shall acquaint himself with the regulations and rules of the Liquor Control Board and comply with the qualifications to obtain and keep a beer license. VII Consideration To Be Paid By Concessionaire: In addition to payments to be made under the provisions of Article VI, Concessionaire shall made the following payments: (A) 43% of gross sales on all basic concession items sold, including all drinks, ice, peanuts, popcorn, cotton candy and sno- cones. Those items listed in (B), (C) and (D) below, shall carry the respective percentages shown. (B) 50% of net income from subcontracts and vending, except food subcontracts under (D) (5), Article VI. (C) 23% of gross sales on food items including: chipos, do -nuts, potato chips, pretzels, sandwiches, hot dogs, french fries, chili dogs, tamales, coffee, barbecue, salted peanuts and pizza. (D) 23% of all gross sales of items listed below: Souvenirs Postcards Novelties Toiletries VIII Accounting Procedure: All payments due the City shall be due and, payable without demand at the office of the Coliseum Manager. At the conclusion of each event a report of the gross sales shall be provided to the Coliseum Manager on forms approved by the City. Payments from any calendar month shall be due an the 20th day of the following month and such -7- day shall be considered the due date for all intents and purposes. Any payment which is not made within ten days after the date it is due shall bear interest at the rate of 10% per annum from the date it became due until the date it is paid. In the event any amount or sum owing by the Concessionaire to the City under this agreement remains unpaid after the demand for payment thereof and is thereafter collected by suit, 10% in addition computed on the amount otherwise recovered therein by the City as attorney's fees and cost of the expense of collection shall be paid, The Concessionaire's cash register and all records relating to the operation of the concession shall be subject to the examination and audit by the City at any time. If Concessionaire shall knowingly furnish any incorrect statement of the - amount of gross sales -, this will constitute a default entitling the City at its option to declare this concession terminated. Any such report which shall understate the gross sale for any month by as much as 10% of the true amount thereof shall be conclusively deemed to have been knowingly and falsely furnished by Concessionaire and the City, in order to exercise its option of termination, shall only be required to establish such falsity and shall not be required to establish actual knowledge on the part of the lessee of such facility. In the event of default on the part of the Concessionaire in payment of any rental or in the performance of any of the covenants and obligations here- in described within ten days after the date the same is due, the City of Corpus Christi may at its option, after ten days written notice of intention to do so, declare this agreement terminated. Ix Termination: If at any time the City is of the opinion that the Concessionaire is not in performance of the terms of this agreement, the City shall have the option to terminate this agreement by notifying the Concessionaire in writing that a violation of a condition of the contract has occurred.and setting forth the nature of such violation. In the event such violation is not discontinued, and a correction made on or before the next event for which con- cessions are to be provided by Concessionaire, or within 10 days of such notice, whichever date first occurs, then this agreement shall be terminated except for the right of the City to recover any and all sums payable by the Concessionaire. c8c Concessionaire may appeal from such notice within five (5) days of the receipt of same from the Coliseum Manager and such appeal shall be in writing to the Director of Inspections and Operations and then to the City Manager whose deci- sion shall be final. WITNESS our hand at Corpus Christi, Texas, this the day of' 1974, in duplicate, each of which shall be considered an original. CITY OF CORPUS CHRISTI ATTEST: R. Marvin Townsend City Secretary. City Manager APPROVED: DAY OF City Attorney Margie Bennett DBA Coliseum Concessions That the foregoing ordinance was read for tie first time and passed to its second reading on this the day of 19_24, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark. That the foregoing ordinance was read fo the second time and passed to its third reading on this the 4q Wday of ,19 by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the fore of}ngg ordinanc was read for th third time and passed finally on this the Tay of 19, by the following vote: Jason Luby James T. Acuff � Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez • Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the --46da of .ur+RJ 19* ATTEST: . - ee� •SST. City Secretary APPROVED: e� DAY OF,� 19 1 �] 1 : A951 City Attorney �1 MAYO 4%- 0 i � �— rm) � CITY OF CORPUS CUR 40, TEXAS juPi 1974 APPROVRO By COUNCIL LUMRERMENS MUTUAL CASUALTY COMPANY (A Mutual Insurance Company, herein called the Company) Home Office: Long Grove, Illinois 60049 AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY IA Mutual Insurance Company, heraln called the Company) Home Office: 90 William Street, New York 10038 Executive Offices: Long Grove, Illinois 60949 r AMERICAN MOTORISTS INSURANCE COMPANY (A Stock Insurance Company, heraln called the Company) Home Office: Long Grove, Illinois 60049 FEDERAL MUTUAL INSURANCE COMPANY (A Mutual Insurance Company, herein called the Company) Home Office: Long Grove, Illinois 60049 Executive Offices: 2001 East Mound Road, Decatur, Illinois 62626 The company providing the insurance afforded by this policy is designated on the Declarations Page The annual meeting of the Lumbermen& Mu- tual Casualty Company Is held at its home office In Long Grove, III., on the third Tuesday In May of each year at eleven o'clock A.M. ALL FORMS OF INSURANCE BILL CURRAN AGENCY Box 2727 853.9601 Corpus Christi, Texas 78403 LIFE • FIRE • AUTO • ACCIDENT • LUUIILITY The annual meeting of the American Manu� The annual meeting of the Federal Mutual facturers Mutual Insurance Company is held Insurance Company Is held at he home office at its home office in New York, New York, In Long Grove, Illinois, on the Wednesday on the Thursday following the first Tuesday following the fourth Tuesday In May of in June of each year at eleven o'clock A.M. each year at eleven o'clock A.M. The company.agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy: INSURING AGREEMENTS I. Coverage A— Workmen's Compensation To pay promptly when due all compensation and other benefits required of the insured by the workmen's compensation law. Coverage B— Employers' Liability To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom, (a) sustained in the United States of America, its territories or possessions, or Canada by any employee of the insured arising out of and in the course of his employment by the insured either in operations in a state designated in Item 3 of the declarations or in operations necessary or incidental thereto, or (b) sustained while temporarily outside the United States of America, its territories or possessions, or Canada by any employee of the insured who is a citizen or resident of the United States or Canada arising out of and in the course of his employment by the insured in connection with operations in a state designated in Item 3 of the declarations; but this insurance does not apply to any suit brought in or any judgment rendered by any court outside the United States of America, its territories or possessions, or Canada or to an action on such judgment wherever brought. IL Defense, Settlement, Supplementary Payments As respects the insurance afforded by the other terms of this policy the company shall: (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; but the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (c) pay all expenses incurred by the company, all costs taxed against the insured in any such proceeding or suit and all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (d) reimburse the insured for all reasonable expense4 other than loss of earnings, incurred at the company's request. The amounts incurred under this insuring agreement, except settlements of claims and suits, are payable by the company to addition to the amounts payablo under coverage A or the appli- cable limit of liability under coverage B. III. Definitions (a) Workmen's Compensation Law. The unjustified term "work- men's compensation law' means the workmen s compensation law and any occupational disease law of a state designated in Item 3 of the declarations, but does not include those provisions of any such late which provide non - occupational disability benefits. (b) State. The word "state" means any State or Territory of the United States of America and the District of Columbia. (c) Bodily Injury by Accident; Bodily Injury by Disease. The contraction of disease is not an accident within the meaning of the word "accident" in the term "bodily injury by accident" and only such disease as results directly from a bodily injury by accident is included within the term "bodily injury by accident" The term "bodily injury by disease" includes only such disease as is not included within the term "bodily injury by accident" (d) Assault and Battery. Under coverage B, assault and battery shall be deemed an accident unless committed by or at the direction of the insured. IV. Application of Policy (b) pay all premiums on bonds to release attachments for an This policy applies only to injury (1) by accident occurring amount not in excess of the applicable limit of liability of this during the policy period, or (2) by disease caused or aggravated policy, all premiums on appeal bonds required in any such defended by exposure of which the last day of the last exposure, in the proceeding or suit, but without any obligation to apply for or employment of the insured, to conditions causing the disease fumish any such bonds; occurs during the policy period. EXCLUSIONS This policy does not apply: (a) under coverages A and B, to operations conducted at or from any workplace not described in Item 1 or 4 of the declara- tions if the insured has, under the workmen's compensation law, other insurance for such operations or is a qualified self - insurer therefor; (b) under coverages A and B, unless required by law or de- scribed in the declarations, to domestic employment or to farm or agricultural employment; (c) under coverage B, to liability assumed by the insured under any contract or agreement, but this exclusion does not apply to a warranty that work performed by or on behalf of the insured will be done in a workmanlike manner; ((I) under coverage B, (1) to punitive or exemplary damages on account of bodily injury to or death of any employee employed in violation of law, or (2) with respect to any employee employed in violation of law with the knowledge or acquiescence of the insured or any executive officer thereof; (e) under coverage B, to bodily injury by disease unless prior to thirty -six months after the end of the policy period written claim is made or suit is brought against the insured for damages because of such injury or death resulting therefrom; (f) under coverage B, to any obligation for which the insured or any carrier as his insurer may be held liable under the work- men's compensation or occupational disease law of a state desig- nated in Item 3 of the declarations, any other workmen's com- pensation or occupational disease law, any unemployment com- pensation or disability benefits law, or under any similar law. CONDITIONS (Unless otherwise noted, conditions apply to all Coverages.) 1. Premium. The premium bases and rates for the classifications of operations described in the declarations are as stated therein and for classifications not so described are those applicable in accordance with the manuals in use by the company. This policy is issued by the company and accepted by the insured with the agreement that if any change in classifications, rates or rating plans is or becomes applicable to this policy under any law regu- Iatm this insurance or because of any amendments affecting the benefits provided by the workmen's compensation law, such change with the effective date thereof shall be stated in an endorsement issued to form a part of this policy. When used as a premium basis, "remuneration" means the entire remuneration, computed in accordance with tdhe annals in use by the company, earned during the policy period by (a) all executive officers and other employees of the insured engaged in operations covered by this policy, and (b) any other person per- forming work which may render the company liable under this policy for in+ury to or death of such person in accordance with the workmen s compensation law. "Remuneration" shall not include the remuneration of any person within division (b) foregoing if the insured maintains evidence satisfactory to the company that the payment of compensaton and other benefits under such law to JACKET PAGE 1 Bonn TX -14.1 Workmen's Compensation and Employers' Liability Policy PREMIUM DISCOUNT ENDORSEMENT -TEXAS It is agreed that: 1. Standard Premium. The Premium computed in accordance with the provisions of the policy, other than this endorsement, shall be known as the Standard Premium. 2. ,Computation of Premium Discount. (a) If none of the Standard Premium is subject to retrospective rating, the premium shall be subject to the applicable discount stated in the Table of Premium Discount Percentages. .(b) So much of the Total Standard Premium as is subject to retrospective rating shall not be subject to discount. If a portion of the Standard Premium is subject to a retrospective rating plan, the discount on that portion of such premiums not subject to retrospective rating shall be the difference between ( I ) the discount which would be obtained if none of the Total Standard Premiums were subject to retrospective rating and (2) the discount which would be obtained if only premium sub- ject to retrospective rating were included in the computation. TABLE of PREMIUM DISCOUNTS -TEXAS Premium Discount Premium NUMBER�9 Discount Interval % Interval I % 1 - 1,005-.. 0.0% 1,348 - 1,366_ 2.5% 1,006- 1,015 -- 0.1 1,367 - 1,386_ 2.6 1,016 - 1,026 - 02 1,387 - 1,406 -.. -_ 27 1,027 - 1,037._._.... --- 0.3 1,407 - 1,428 2.8 1,038- 1,049- 0.4 1,429- 1,449_ 29 1,050 - 1,060_.- _..__. 0.5 1,450- 1,4n 3.0 1,061 - 1,072 -- 0.6 1,473 - 1,495- 3.1 1,073- 1,085- 0.7 1,496 - 1,519 -.___ 32 1,086 - 1,097 0.8 1,520 - 1,544- 3.3 1,098 - 1,110 -_ -_ 0.9 1,545 - 1,569.3.4 1,111 - 1,123 - -- ------- 1.0 1,570 - 1,596_ 3S 1,124 - 1,137 ---- ____ 1.1 1,597 - 1,623 .3.6 1,138 - 1,151- 12 1,624- 1,651._ -__ 3.7 1,152- 1,165 - -__ 1.3 1,652 - 1,680 3.8 1,166 - 1,179._ -_ -__ 1.4 1,681 - 1,711- 3.9 1,180- 1,194_ -_.___ 1.5 1,712 - 1,742.4.0 1,195 - 1,7A9- ___.:_ 1.6 1,743 - 1,775- 4.1 1,210 - 1,225____ 1.7 1,776 - 1,809 -._ -__ 42 1,226 - 1,241 -_.._ 1.8 1,810 - 1,844-4.3 1,242- 1,257 -_ -_ 19 1,845 - 1,880--4.4 1,258 - l,274______ - 2.0 1,881 - 1,918- 4.5 1,275 - 1,292___ 2.1 1,919- 1,958--.. 4.6 1,293 - 1,309__ 22 1,959 - 1,999- 4.7 1,310 - 1,328 - -____ 2.3 2,000 - 2,042 4.8 1,329 - 1,347_ - - -... 2.4 2,043 - 2,087--__ 4.9 (Table =tinned on reverse side) Effective Dale: Unleo; an effective date is entered below, this endorsement shall be effective as of the beginning of the polity period slated In the declarations of the policy. This endorsement shall form a part of the policy to which it is attached. LUM>O�MIDNS MUTUAL AMERICAN nOTOE197'S'j CASUALTY COMPANY INSURA -N OMOR.' NAAAyyMED--�A INSURED N'ougeim VSS�i NUMBER�9 ENO�T' ND. 4CH I 8-3-" •Completion necesmry only when (sued sabsequeot to policy preparation. AMERICAN AMERICAN MANUFACTURERS FEDERAL MUTUAL MUTUAL INSURANCE COMPANY INSURANCE COMPANY Farm TX -14.I (12 -1 -67) � 17 -73 5M PRINTED IN U.S.A. CK 67.3 DOURANCE TABLE of PREMIUM DISCOUNTS -TEXAS (Coned) h Pre -;- Discount Preatium - Discount Premitun Discount Interval % Interval % Interval % 2,088 - 2,135 - 2,134_- 2,183_ -- SA% 5.1 6,134- 6,239 - 6238.__ -__ 6,347._.__.._ 9.0% 9¢ 18718 - 19,729__. - - 13.0% 19,730- 20,856T_ -13.1- - • 2,184- 2234 - ---- 52 6,348 - 6,459 -.._.. 92 20,857 - 22,120._,_..132 , 2,235 - 2288 - - -_ 5.3 6,460- 6576 -- 9.3 22,121 - 73,547__._.13.3 2,289 - 2,345._ - 5.4 6,577 - 6,696_...____ 9.4 23,548 - 25,171._-.13.4 2,346 - 2,404- _ - --- 5.5 6,697- 6,821 - -___ M 25,172 - 27,036 ____ 2,405- 2,467 -..._ 5.6 6,822- 6,951 - -- %6 27.037- 29,199 -__ . 13.6 - - 2,468 - 2532 -- - 57 6,952 - 7,086_- _-.. - -- 9{7 29200 - 31,738 - -13.7 2533 -- 2,602 - -- 5.8 7.087 - 7,227 -_ 9.8 31.739 -- 34,761 -__132 -2,603 - 2,675 _ 5.9 7,228 - 7573- -___ -. 9.9 34762 - - 38,420._-_-13.9 • - 2,676 - 2,753 - ----- _ 6.0 7,374- 7,52510{ 38,421 - 42,940 -- ....14.0 _ - 2,754 - 2)W -- 6.1 7,526 - 7,683 -. -------- 104 42,941-- 48,666 14.1 ; 2,836 -- 2,922 - 62 7,684 - 7,848- _____10.2 - 48,667 = 56,153 __142 2,923 - 3,015 -_- 6.3 7,849 - 8,021 - -_ -10.3 56,154 - 66,363_____14.3 3,016- 3,114____. -_ 6.4 8,022 - 8,201_.__ -- 10.4 66,364 - 81,110_ -14.4 3,115 - 3,219___ -_ 6.5 8,202 - 8,390...._. -- ._..10.5 81,111 - 100768 - ___14.5 3,220 - 3.332 -____ 6.6 8,391- - 8,587_ -10.6 100,769 - 106,215 __- __14.6 3,333 - 3,454 - -.._ 6.7 8588 - 8,794_... -_.._ -10.7 106,216 - 112,285__ -.- _.14.7 3,455 - - 3,584_.__._.. 6.8 8,795 - 9,011.: -.._ -_.102 112,286 - 3,585 -, 3724__ _._ 6.9 9,012 - 9,240_..__.:..10,9 119,091 - 126,773__._.._14.9 3,725 - 3,877___. -__ 7.0 9,241 - 9,480-___..11,0 126,774 - 135516 --- . 15.0 3,878 - 4,042-7.1. - - 9,481 - 9,732 - -,-.11.1 .135,517 - 145555.___15.1 4,043_- 4221__ - -__ 72 9,733 - 9,999.___..._.'11.2, 145556 - 157,199 - 152 4222- 4,418_ -- 7.3 10,000 - 10281 -- __11.3 157200 - 170,869 _ -- 4,419- 4,633 - -- - 7.4 10282 - 10,579------11.4 170,870 - 187,142 _- -15.4 .4,634 -- 4,871 - -__ 7.5 10,580 - 10,895.. - .__..__11.5 187,143 - 206;841 -- -15.5 4.872- 5,033._ -_ -._ 7.6 10,896 - 11,230__- _..__11;6 206,842 -- -- 231,175 -_ -15.6 5,034 - 5,104___... 77 11,231 - 11,586 -_11.7 231,176 - ,'261,999 -_ -_ -15.7 5,105 - 5.176 - -__ 7.8 11,587 - 11,966._. - ___11.8 2627.000- 302307-. -152 5,177 - 5251 - -_._. 7.9 11,967- 12,372__ -.- .:._11.9 302,308 - 357.272 5252- 5,327___ - -- 8.0 12,373 - 12,806- ....._ ..12,0 357,273 - 436,666_- 16.0 5,328 - 5.406_ -____ 8.1 12,807 - 13,272---- - 12,1 436,667 - %1,428 __ _.._ 161 5.407 - 5,488- - 82 13273 - 13.773 __ 122 561,429 - 785,999 -.__ 162 5,489 - 5_572_______ 83 13.774 - 14,313._. -_._.. 113 786,000 - 1,309,999_... -_... 16.3 5573 - 5,658 - -__ 8.4 14.314 - 14,897.__ 12.4 1,310,000 - 3,929,999_._. -_ -16.4 5,659 - 5,747_. _ -- _ 8.5 14,898 - 15531._. -. -... 12.5 3,930,000 and over_.____._l6S 5,748 - 5.839_ _._:_'8.6 15.532 - 16221_. -.._ 12.6 5.840 - 5.934____` 87 16-M - 16.976 ---------- 12.7 5.935 - 6.032._ ___- 8.8 16,977 - 17.804.... .12,8 6.033 - - 6-133--- 8.9 17.805 - 18,717... _ 12.9 TX 3.2 EXECUTIVE OFFICERS, PARTNERS AND SOLE PROPRIETORS ENDORSEMENT • TEXAS Tliis endorsement Issued to causem comes /Lon Standard Time pp is effective from g_�_7p. and forms a part of Policy No. 41 6w 417 CFO] A.M. ' Issued by AE WICA® NM RIM 7NBUPJME CQ16 LoIIE'L aroyes Ii LnoLs It Is agreed that: 1. Such insurance as is afforded by the policy by reason of the designation of Texas in Item 3 of the declarations does not apply to injury, including death resulting therefrom, sustained by any executive officer, partner or sole proprietor of the. insured, except such, if any, as are designated below or in Item 4 of the decl orations. 2. "Remuneration ", when used as a premium basis for such insurance, shall not include the remuneration of any exec - five officer, partner or sole proprietor of the insured not so designated. Designation of Persons This endorsement Is subject to all the terms, conditions and exclusions of the policy and of forms and endorsements attached thereto which are not inconsistent herewith. Countersigned Corp" CbXJLOii TeM0 Md. #2 .-" C� FC— TX 3.2 (9 -1 -73) r� Duly Authorized Representative REORDER 4 14 -4232 eTECK- WARLICK PRODUCER'S NO. PRODUCER WORHMENS COMPENSATIO AND EMPLOYERS LIABILITY SUB-PRODUCER ENDORSEMENTS ATTACHED 3 30 ♦ (J(- -0 419 RAME OF INSURED�E Y JACKET YE® STATE IF NEW RENEWAL OF FOR G0. USE - NAME CODE REPLACES CARD. POL N0. I LOCATIONS - -ALL USUAL WORKPLACES OF THE INSURED AT OR FROM WHICH OPERATIONS COVERED BY THIS POLICY ARE CONDUCTED ARE LOCATED AT THE ABOVE ADDRESS UNLESS OTHERWISE STATED HEREIN. FOAM 2-1 . PAUrr OATS EXTRA COPY � c Lem G� = 105 CUM. 6% ❑LUDIBEMIENS MUTUAL ® AMERICAN MOTORISTS ❑ AMERICAN MANUFACTURERS CASUALTY COMPANY INSURANCE C031PANY MUTUAL INSURANCE COMPANY WORHMENS COMPENSATIO AND EMPLOYERS LIABILITY POLICY NUMBER DECLARATIONS FEDERAL MUTUAL INSURANCE COMPANY (J(- -0 419 RAME OF INSURED�E ��1. —u —.,_q Ry_� q�����a �E Coll Concession � 0 Bannatt db. BTREET —CITY DR P0p9�T�O�FFICE�- CSOUNT Y -9T ATE —ZIP CDeDRE.)o ,�yyA�ODRF99w 91NwDM.�BEA- 0ByyR ;W6Q'i,':L1� QSS VYJAI� -• FTi/� Il INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER LOCATIONS - -ALL USUAL WORKPLACES OF THE INSURED AT OR FROM WHICH OPERATIONS COVERED BY THIS POLICY ARE CONDUCTED ARE LOCATED AT THE ABOVE ADDRESS UNLESS OTHERWISE STATED HEREIN. 402 U. �raDne Br., cbristi, TeXas Fe le s $- POLICY PERIOD. FROM TO 12.01 A.M. STANDARD TIME AT p + y 8-3-75 ASESTATED HHEREIN. E INSURED S. COVERAGE A OF THIS POLICY APPLIES TO THE WORKMEN'S COMPENSATION LAW AND ANY OCCUPATIONAL DISEASE LAW OF EACH OF THE FOLLOWING STATES. 4. CLASSIFICATION OF OPERATIONS PREMIUM BASIS RATES ESTIMATED ENTRIES IN THIS ITEM IXCEPf AS SPECIFICALLY PROVIDED CODE ELSEWHERE IN THIS PbLICY, DO NOT MODIFY ANY OF THE NO. ESTIMATED TOTAL REMUNERATION PER 5100 OF PREMIUMS OTHEB PROVISIONS OF THIS POLICY. ANNUAL - ❑ THREE YEAR REMUNERATION it ANNUAL- ❑ THREE YR. Concession Stand Bated Am Caterers-ineludivS Clerical 9079 34,240. 2.74 937.00 Loss Constant (3L9.09) 4032 dense Constant (3L4,49) 0020 Experience gter .92 MINIMUM PREMIUM 7 TOTAL ESTIMATED Lit ANNUAL PREMIUM— ❑ THREE YEAR PREMIUM S IF INDICATED BELOW, INTERIM ADJUSTMENTS OF PREMIUM SHALL BE MADE, ❑ SEMI - ANNUALLY ❑ QUARTERLY ❑ MONTHLY DEPOSIT PREMIUM $f B — EMPLOYERS' LIABILITY. 5. LIMIT OF LIABILITY FIOO�YRJ �COVERAGE $ SUBJECT TO ALL THE TERMS OF THIS POLICY HAVI BE E THERETO. COUNTERS ISHHEDµ�AT�.,y CDUNTERSIONATUBE DATE CW TURRE L AGENT p� �p �e,T� V orpu m La YY,L lati y 3ems 01 MO.RR DAY 18nn ��Z ✓ ' CK 3- 1 E, 1. 1 I -69 10M PAINTED IN U...& ATTACH DECLARATIONS PAGE, EXTENSION SCHEDULES AND ENDORSEMENTS This Is not a complete and valid contract without an accompanying Declarations Page properly countersigned. CONDITIONS (Continued) such person is securer) by other valid and collectible insurance or 5. Notice of Injury. When an injury occurs written notice shall by any other tmdertakiug approved by the governmental agency be given by or on behalf of the insured to the company or any having jurisdiction thereof. of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to iden0v the insured and also rea- If the declarations provide for adjustment of prenlinn on other than An annual basis, the insurcrl shall pay the deposit premium to the company upon the inception of this policy and thereafter, interim premiums shall be computed in accordance with the man- uals in use by the coutpany and paid by the insured promptly after the end of each interval specified in the declarations. The deposit premimn shall be retained by the company until termination of this policy and credited to the final premium adjustment. The insured shall maintain records of the information necessary for premium computation on the bases stater[ it, the declarations. nod shall scrod copies of such records to the coutpany at ll:e cud of the policy period and at such times during the policy period as the company may direcl. Ii the insured does not furnish records of the remuneration of persons within division (b) of the definition of remuneration foregoing, the remuneration of such persons shall be computed in accordance u,itln the rmantals in use by the company. The premium stated in the declaialioits is an estimated pre - orimn only. Upon termination of this policy, the canner) premilmt shall lie computer) in accordance with the rules, rates, rating plans, premiums and nlinimtun premiums applicable to this insurance in accordance with the manuals in use by the company. If the earned premium thus computed exceeds the premium previously paid, the insured shall pav the excess to the company; if less, the company shall return to the insurer) the unearned portion paid by the insured. All premiums shall be fully earned whether any wenrk- men's compensation law, or any part thereof, is or shall be declared invalid or unconstitutional. 2. Long Term Policy. If this policy is written for a period longer than one year, all the provisions of this policy shall apply sepa- rately to each consecutive twelve months period, or, if the first or last consecutive period is less than twelve months, to such period of less than twelve months, in the same manner as if a separate policy had been written for each consecutive period. Tile earned premium for each such period shall be computed as pro- vider) by Condition 1 of this policy, subject, except as othenvisr. provided in the manuals ill use by the company with respect to classification of operations for which this policy provides a per capita premium basis, to the following provisions: (a) The premium rates for the first consecutive period shall he those staled in the declarations and those applicable for such period in accordance with the manuals in use by the company; (b) The premium bases, classifications of operations, rates, rating plans, premiums and minimum premiums for each such subsequent period shall be those applicable for such period in accordance wilt the manuals in use by the company. 3. Partnership or joint Venture as Insured. If the insured is a partnership or joint venture, such insurance as is afforded by this policv applies In each partner or member thereof as an insured only while he is acting within the scope of his duties as such partner or member. 4. Inspection and Audit. The company and any rating authority having jurisdiction by law shall each be permitted but not obligated to inspect at any reasonable time the workplaces, operations, ma- chinery and equipment covered by this policy. Neither the right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the insured or others, to determine or warrant that such work- places, operations, machinery or equipment are safe or healthful, or are in compliance with any law, rule or regulation. The company and any rating authority having jurisdiction by law shall each be permitted to e and audit the insured's payroll re ards, general ledges, disbursements, vouchers, contracts, tax reports and all other books, documents and records of any and every kind at any reasonable time during the policy period and any extension thereof and within three years after termination of this policy, as far as they show or tend to shown or verify the amount of remuneration or other premium basis, or relate to the subject matter of this insurance. souahly obtainable information respecting the lime, place and cir- cumstances of the injury, the names and addresses of lire injured and of available xitnesses. 6. Notice of Claim or Suit. If claim is made or suit or other proceeding is brought against the insured, the insured shall imme- diately forward to the company every demand, notice, summons or other process received by hint or his representative. 7. Assistance and Cooperation of the Insured. The insured shall cooperate with the company and, upon lire company's request, shall attend hearings and trials and shall assist in effecting settle- ments, securing and giving evideiwe, obtaining the attendance of witnesses all(] in the conduct of suits or proceedings. The insured ;hall trot, except at lJS ow'n cost, voluntarily stake any payment, .sonic any obligation or incur any expense other than for such immediate medical and other services a[ the time of injury as are required by Lire workmen's conipens'atiou Luc, 8. Statutory Provisions, Coverage A. The company shall be di- rectly and primarily liable to any person entitled to the benefits of the workmen's compensation law under this policy. The obligations of tlue company may be enforced by ,cuch person, or for his benefit Iry any agency authorized by law, whether against the company alone or jointly with the insured. Bankruptcy or insolvency of the insured or of the insured's estate, or any default of the insured, shall not relieve the coutpany of any of its obligations under cov- erage A. As between the employee and the eompavy, notice or knowl- edge of the injury on the part of the insured shall be notice or kuon•ledge, as the case may he, on the part of the company; the jurisdiction of the insured, for the purposes of the workmen's compensation law, shall be jurisdiction of the company and the company shall in all things he bound by and subject to the find- ings, judgments, awards, decrees, orders or decisions rendered against the insured in the form and manner provider) by such law and within the terms, limitations and provisions of this policy not inconsistent with such law. All of the provisions of the workmen's compensation law, shall be arc[ remain a part of this policy as fully and completely as if written herein, so far as they apply to compensation and other benefits provided by this policy and to special taxes, payments into security or other special funds, and assessments required of nr levied against compensation insurance carriers under such law. The insured .shall reimburse the company for any payments required of the company under the tvorknten's compensation law-, n ewes' of the benefits regularly provided by such laic, solely because of injury to (a) any employee by reason of the serious and wilful misconduct of the insured, or (b) any employee employed by the insured in violation of law with the knowledge or acquiescence of the insured or any executive officer thereof. Nothing herein shall relieve the insured of the obligations imposed upon the insured by the other terms of this policy. 9. Limits of Liability, Coverage B. The words "damages because of bodily injury by accident or disease, including death at any time resulting therefrom," in coverage B include damages for care and I— of services and damages for which the insured is liable by reason of suits or claims brought against the insured by others to recover the damages obtained from such others because of such bodily injury sustained by employees of the insured arising out of a nd it, the course of their employment. The limit of liability stated in the declarations for coverage B is the total limit of the company's liability for all damages because of bodily injury by accident, in- cluding death at any time resulting therefrom, sustained by one or more employees in any one accident. The limit of liability stated in the declarations for coverage 13 is the total limit of the company's liability for all damages because of bodily injury by disease, in- cluding death at any time resulting therefrom, sustained by one or more employees of the insured in operations in any one state desig- nated in Item 3 of the declarations or in operations necessary or incidental thereto. The inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. NSr78Will0 n CONDITIONS (Continued) 10. Action Against Company, Coverage B. No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative -hereof who has secured such judgment or written agreement shall there- after be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the com- pany as a co- defendant in any action against the insured to deter- mine the insured's liability. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations under coverage B. 11. Other Insurance. If the insured has other insurance against a loss covered by this policy, the company shall not be liable to the insured hereunder for a greater proportion of such loss than the amount which would have been payable under this policy, had no such other insurance existed, bears to the sum of said amount and the amounts which would have been payable under each other policy applicable to such loss, had each such policy been the only policy so applicable. 12. Subrogation. In the event of any payment under this policy, the company shall be subrogated to all rights of recovery therefor of the insured and any person entitled to the benefits of this policy against any person or organization, and the insured shall execute and deliver instruments and papers and do whatever else is neces- sary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 13. Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 14. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon. If, however, during the policy period the insured shall die, and written notice is - given to the company within thirty days after the date of such death, this policy shall cover the insured's legal representative as insured; provided that notice of cancelation addressed to the in- sured named in the declarations and mailed or delivered, after such death, to the address shown in this policy shall be sufficient notice to effect cancelation of this policy. 15. Cancelation. This policy may be canceled by the insured by mailing to the company written notice stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancelation shall be effective. The mailing of notice as afore- said shall be sufficient proof of notice. The effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the insured or by the company shall be equivalent to mailing. If the insured cancels, unless the manuals in use by the com- pany otherwise provide, earned premium shall be (1) computed in accordance with the customary short rate table and procedure and (2) not less than the minimum premium stated in the declarations. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made at the time cancelation is effected and, if not then made, shall be made as soon as practicable after cancelation becomes effective. The company's check or the check of its representative mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the insured. When the insurance under the workmen's compensation law may not be canceled except in accordance with such law, this condition so far as it applies to the insurance under this policy with respect to such law, is amended to conform to such law. 16. Terms of Policy Conformed to Statute, Coverage A. Terms of this policy which are in conflict with the provisions of the work- men's compensation law are hereby amended to conform to such law. 17. Declarations. By acceptance of this policy the insured agrees that the statements in the declarations are his agreements and rep- resentations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents re- lating to this insurance. As respects the company previously designated, the following correlative provision forms a part of this policy: Mutual Policy Conditions. LUMBERMENS nuTUAL A1EBICAN MANOFACPUREaS FEWRAL MUTUAL CASUALTY COMPANY MUTUAL INSURANCE COMPANY INSURANCE COMPANY This is a perpetual mutual corporation owned by and operated for the benefit of its members. This is a non - assessable, participating policy under which the Board of Directors in its discretion may determine and pay unabsorbed premium deposit refunds (dividends) to the insured. As respects the State of Texas, such provision is amended tIl read as follows: Mutuals— Memberahip and Voting Notice. The insured is notified that by virtue of this policy he is a member of the company so desig- nated, and is entitled to vote either in person or by proxy at any and all meetings of said company. The Annual Meetings are held in its Home Office at the place and time stated on the front cover. Mutuals— Participation Clause Without Contingent Liability. No Contingent Liability: This policy is non - assessable. The policyholder is a member of such company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. Dividends. AMERICAN MOTORISTS INSURANCE COCIPANY This policy is participating and shall be entitled to receive unabsorbed premium deposit refunds as apportioned by the directors. As respects the State of Texas, such provision is amended to read as follows: Dividend Provision — Participating Companies. The named insured shall be entitled to participate in a distribution of the surplus of the company, as determined by its Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insur- ance Code, of 1951, as amended. As respects the State of California, the Mutual Policy Conditions and the Dividends Condition are supplemented by the following paragraph: Participating Provision The insured may participate in the earnings of the company represented by surplus accumulated from premiums on California workmen's compensation policies to the extent and upon the conditions determined by the Board of Directors of the company in accordance with law after the expiration of the policy period to which the dividend is applicable, provided that no dividend shall be payable hereunder unless the insured has complied with the terms of the policy in respect to the payment of premium. IN WITNESS WHEREOF, the company designated on the Declarations Page has caused this policy to be signed by its President and Secretary, but this policy shall not be valid unless countersigned on the Declarations Page by a duly authorized representative of the company. LUMBEIRMEwS MUTUAL CABVAL7Y COMPANY FEDERAL MUTUAL INSURANCE COMPANY AMERICAN MOTORISTS INSURANCE COMPANY AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPA/NYy // �/% / 8earernry Preddent' / Secretary Presiden6 CK 2 -2 JACKET PAGE 3 8 73 soM PRINTED IN u.9.A. LUMBERMENS MUTUAL CASUALTY COMPANY IA Mutual Insurance Company, herein called the Company) Home Office: Long Grove, Illinois 60049 AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY - (A Mutual Insurance Company, herein called the Company) Home Office: 90 willlem Street Nev; York 70038 E—utive Offices: Long Grove, Illinois 60049 AMERICAN MOTORISTS INSURANCE COMPANY (A Stock Insurance Company, herein called the Company) Homo Office: Long Grove, Illinois 60049 FEDERAL MUTUAL INSURANCE COMPANY IA Mutual Insurance Company, herein called the Company) Home Office: Long Grove, Illinois 60049 E—tive Offices: 2007 East Mound Road, Decatur, Illinois 62626 The company providing the insurance afforded by this policy is designated on the Declarations Page ALL FORMS OF INSURANCE BILL CURRAN AGENCY Box 2727 853 -9601 Corpus Christi, Texas 78403 UFE • FIRE • AUTO • ACCIDENT • LIABILITY The annual meeting of the Lumhermens Mu- The annual meeting of the American Manu- The annual meeting of the Federal Mutual tual Casualty Company Is held at Its home facturers Mutual Insurance Company is held Insurance Company Is held at Its home office office In Long Grove, III., on the third Tuesday at Its home office In New York, New York, In Long Grove, Illinois, on the Wednesday In May of each year at eleven o'clock A.M. on the Thursday following the first Tuesday following the fourth Tuesday in May of in June of each year at eleven o'clock A.M. each year at eleven o'clock A.M. GENEIL4L INSURING AGREEMENT In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, the com- pany agrees with the named Insured as follows: 1. This policy is composed of this jacket, the declarations page with the applicable Coverage Parts, and any supplementary declarations or schedule pages and endorsements made a part hereof; 2 The provisions of one Coverage Part do not apply to the insurance afforded under any other Coverage Part. SUPPLEMENTARY PAYMENTS The company will pay, In addition to the applicable limit of liability: (a) all expenses Incurred by the company, all costs taxed against the insured in any suit defended by the company and all Interest on the entire amormt of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; (b) premiums an appeal bands required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, add the cost of hail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail hand, but the company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others, at the time of an accident, for bodily injury to which this policy applies; (d) reasonable expenses Incurred by the insured at the company's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. DEFINITIONS Who used In this policy: "aolmmihlla" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily fojury" means bodily injury, sickness or disease sustained by any parson which occurs during the policy period, including death at any time resulting therefrom; " completed operdvons; hand' includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only It the bodily injury or property damage occurs after such operations have been com- pleted or abandoned and occurs away from premises ownDd,by or rented to the named insured. "Operations" include materials, parts or equipment famished in connection therewith. Opera- tions shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to he performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work cut of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or sub- contractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repau ar replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily ioury or property damage arises out of a condition in or on a vehicle created by the Ins 'Ing or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations'; "elaiator" means any hoisting at lowering device to connect floors or landings, whether or not in service, and all appliances thereat including any car, platform, shaft, hoishvay, stair- way, runway, power equipment and machinery; but does not include an automobile serdcing hoist, or a hoist without a platform outside a building if without mechanical pourer or if not attached to building walls, or a had or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying p rty or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "Incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to Indemnify a municipality required by municipal ordinance, except in con- nection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; "Insured" means any person or organization quali{yIng as an insured in the "Persons Insured" urance provision of the applicable Ins coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mohfie %pimml" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1) not subject to motor vehicle registration, or (2) maintained for ass exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, includini spraying, welding and build- ing cleaning equipment; and geophysical exploration and we. I servicing equipment; "mod Ioued" means the person or organization named in Item 1 of the declarations of this policy; "named Insored's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury at property damage neither expected nor intended from the standpoint of the Insured; "policy terriW means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily inI'ury or property damage does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arisins out of a product which fins sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "prodoets hazard" includes bodily injury and property damage arising out of the named insured's ppmducts or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily Injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) less of use of tangible property which has not been physically injured or destroyed provided such loss of use Is caused by an occurrence during the policy period; CONDITIONS 1. Recount. t. All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded harem Premium desi aled in this policy as "advance premium" is a deposit ppremium only which shall be credite�to the amount of the earned premium due at the end of tha policy period. At the close of each period (or part thereof terminating with the end of the policy period) deli q- noted in the declarations as the audit period the earned premium stall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the COMM shall return to the named Insured the unearned portion paid by the named insured. The named inured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the polity period as the company may direct. Vin* L Inspection amt Audit The company shall be permitted but not obligated to inspect the named Insureds property and operations at any time. Neither the company's right to make inspections nor the maNing thereof nor any report thereon shall constitutte an undertaking, an behalf of ar for the benefit of the named Insured at others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. (Conditions are eootimed an Jacket Page 3) No. I PRODUCER - - - SUB - PRODUCER BUSINESS I NAME CODE STATED JI C¢ANCELLED Pa 11 —11 ❑ ne P-1— neru unso NAMED INSURED NAIL ADDRESS Inuuaev—sree¢r--c,xr oe Pocr uPr,ce—xone �ounTr— sTAre —x:r cooe: C20" Christi, NUW",- U143 INDIVIDUAL ❑PARTNERSHIP ❑ JOINT VENTURE RUSINF59 OF E NAMED INSURED ❑ CORPORATION ❑OTHER: Cn E.cC. gEet. LNIIBEIIMENS MUTUAL CASUALTY COMPANY AMERICAN MOTORISTS AMERICAN MANUFACTURERS INSURANCE COMPANY MIITU AL INSURANCE "COII Y COVERAGE PART FEDERAL MUTUAL INSURANCE COMPANY l —Comprehensive Automobile Liability Insurance ADDITIONAL COPY FOI 2— Garage Insurance �- �� ��— a Q DECLARATIONS COMBINATION AUTOMOBILF—GENERAL LIABILITY POLICY NUMBER •� )��� L 4zz QD C NAMED INSURED NAIL ADDRESS Inuuaev—sree¢r--c,xr oe Pocr uPr,ce—xone �ounTr— sTAre —x:r cooe: C20" Christi, NUW",- U143 INDIVIDUAL ❑PARTNERSHIP ❑ JOINT VENTURE RUSINF59 OF E NAMED INSURED ❑ CORPORATION ❑OTHER: Cn POLICY PERIOD: FROM (A-1 orAre ne.e ,P orne¢ *xnx 11— •...I -7-1" TO 17:01 A.N. STANDARD TIME AT THE ADDRESS E EIN, OF THE NAMED INSURED AS STATED HEREIN, The insurance anorde is only with respect to such of the following Coverage Parts as are indicated by entry of -specilic advance premium applicable thereto. ADVANCE PREMIUM COVERAGE PART $ l —Comprehensive Automobile Liability Insurance 2— Garage Insurance 3— Automobile Medical Payments Insurance 4— Protection Against Uninsured Motorists Insurance 5— Automobile Physical Damage Insurance (Fleet Automatic) 6— Automobile Physical Damage Insurance (Non - Fleet) 7— Comprehensive General Liability Insurance 8— Owners', Landlords' and Tenants' liability Insurance 9— Monufacturere and Contractors' Liability Insurance 10— Completed Operations and Products Liability Insurance 11— Contractual Liability Insurance (Designated Contracts Only) 12— Independent Contractors Liability Insurance 13— Premises Medical Payments Insurance 14— Personal Injury Liability Insurance 15— Comprehensive Personal Insurance 3 ?.�D Special charge for endorsement yy„aors is A. W Tit3e Is. Psi e,, has sm. CE 9-72 � ��� TOTAL ADVANCE PREMIUM aDHIN6 THE PAST TRREE YEAO9 NO INSURER NAS CANCELED ANY INSURANCE ISSUED TO THE NAMED INSURED, SIMILAR TO THAT AFFORDED HEREUNDER, UNLESS OTHERWISE STATED HEREIN. COUNTERSIGNED AT Corpus C7ssistf, Te"s COUNTERSIGNATOOE DATE onrn8 ) } -� ,¢A COUNTERSI6NA ELF LICENSED RES/IDEENNT AGEN1 L.r FORM CK 802 5 -73 • 30M ED 66 - COVERAGE PART 8 DECLARATIONS — Applicable to Coverage Part 8 only The insurance afforded under this Coverage Part is only with respect to such of the following Coverages as are Indicated by entry of specific advance premium in the Schedule. The limit of the company's liability against each coverage shall be as stated herein. subiect to all the terms of the Dolim havina reference thereto. UMPfSOF LIABILITY Coverage A— Bodily Injury Liability: $ 8 .: each occurrence. Coverage B— Property Damage Llabllity: $ M. each occurrence. PREMIUM RATES LOCATION OF INSURED PREMISES [ENTER �I1r�4. IFSAME LOCATON AB ADDpE98H09VN WOEOJ�RAT1ON t� NUMBER — STREET —CITY —STATE INTEREST OF NAMED POURED IM OF CNPREMISES (OWNER. LE�,TENANT,ETC) PART OCCUPIED BY NAMED INSURED A 4W �� q� /1 lh\ rdIllm Co COVERAGE INJURY COVERAGE PRGPERTY n MOWPY-- CLLIMONSOROTHERTERMSOFTHISPOLICY) BA515 SECTION I—PREMISES — OPERATIONS CODE pDr. a (A) PER I009Q. FT. (Bl D.w1ceipt.� �1T�5tT.i YY (Bill rFi`YV '• LIABILITY LIABILITY CoMeWwaire, soLU ng SCHEDULE— GENERAL LIARII.ITY HA7ARDS _ DESCRIPTION OF HAZARDS (ANY RATING CLASSIFICATION SHOWN HEREUNDER DOES NOT PREMIUM RATES ADVANCE PREMIUMS COV.A COV.B COVERAGE INJURY COVERAGE PRGPERTY n MOWPY-- CLLIMONSOROTHERTERMSOFTHISPOLICY) BA515 SECTION I—PREMISES — OPERATIONS CODE IAJ AREA(SQ. PT.) (A) PER I009Q. FT. (Bl D.w1ceipt.� �1T�5tT.i YY (Bill rFi`YV '• LIABILITY LIABILITY CoMeWwaire, soLU ng beverages or food by lit of ]3avWjzg or VeMing- including completed cperabims. 58=a ) 70,000. .242 .025 169.00 18.00 TM. 05 — ESCALATOF9 (NUMBER AT PRENI ®I CODE NUMBER INSURED PER LANDING - MINIMUM PREMIUMS COV. A$ 23.'M COV,B$�3it 0 POLICY NUMBER Jt� R 9 COV,PARTa THISCOVERAGE PART MEFFECTIVE PAGE NO. vw{.. 0T —+ reax "s+�i " dVV 4 POLICY EFFECTIVE of pyTa vsx 1T1 , AM. svgv ipii_� eor ro ee cawaaeo ux.xee exeosu ae exlere. (COVERAGE PART a CONTINUED ON REVERSE SIDE) CK 810 -2 10 -72 100M ED. 73 COVERAGE PART 8— OWNERS, LANDLORDS' AND TENANTS' LIABILITY INSURANCE COVERAGE FOR DESIGNATED PREMISES AND RELATED OPERATIONS IN PROGRESS OTHER THAN STRUCTURAL ALTERATIONS, NEW CONSTRUCTION AND DEMOLITION I. Coverage A— Bodily Injury Liability Coverage B— Properly Damage Liability The company will pay on behalf of the insured all sums which the insured shall become legally oblige pay 0 damages bemuse of A: bodily injury or B. property damage to which this insurance applies, mused by on accurrenco and arising out of the ownership, maintenance Or use of the insured premises and all operations neress- ery or incidental thereto, and the company shall have the right and duty to defend any suit against the insured seeking damages an account of such bodily injury or property damage, even if any of the allegations of the suit are ground- less, false or fraudulent, and may make such investigation and settlement of any claim or suit as it ties" expedient, but the company shall not be obligated to pay any claim or judgment or-to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle - ments. Exclusions This irrse ranw doze not apply:. (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but with respect to bodily injury or property damage occurring while work performed by the named insured is in progress, this ex- clusion does not apply to a warranty that such work will be done in a workman- like manner; (b) to bodily injury or property damage arising out of the ownamhip, main- tenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft 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 an insured premises, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, now, tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or In practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile awned or operated by or rented or loaned to any Insured; (e) to bodily injury or property damage arising out of the ownership, main- tenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any in- insured, or (2) any other watercraft operated by any person in the course of his employ- ment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; If) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants Into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition inci- dent to any of the foregoing, with respect to 111 liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing. distributing, selling or serving alcoholic beverages, or 12) if notso engaged, as an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving of any alcoholic beverage (i) In violation of any statute, ordinance or regulation, (ill to a minor, (fit) to a person under the influence of alcohol, or (fvl which causes or contributes to the intoxication of any person; but parts (ill, (Iii) and (iv) of this exclusion do not apply with respect to lia- billty, of the insured or his indemnitee a, an owner or lessor described in (2) above; - (i) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar low; III to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (klia property damage to (1) to property owned ar occupied by or rented to the insured, (2) property used by the insured, or (3) property in the core, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability undera written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elavators) arising out of the use at an elevator atthe insured premises; If ) to property damage to premises alienated by the named insured arising out Of such premises w any part thereof; - - (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from - (11 a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fit- ness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property re- sulting from the sudden and accidental physical injury to or destruction of the named Imured's products or work performed by or on behalf of the named in- sured a''ter such products or work have been pat to use by any person or organ- ization ether then an insured; (n) to property damage to the named insured's products arising out of such products or any part of such products; (o) tal property damage to work performed by or on behalf of the named Il sure) al'ising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to bodily injury or property damage included within the completed opera- tions hazard or the products hazard; (q) to bodily injury or property damage arising out of operations an or from Premises (other than the insured premises) owned by, rented to or controlled by the named insured, or to liability assumed by the insured under any contract or agreement relating to such premises; (r) to bodily Injury or property damage arising out of structural alterations which involve changing the size or or moving buildings or other structures, new construction or demolition operations performed by or on behalf of the named insured. 11. Parsons Insured Each of the following is an insured under this Fnsurancetatheextentsatforthbelow: le) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he is sole proprietor; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; 10 if the named insured is designated In the declarations as other than an in- dividual, partnership or joint venture, the organization so designated and any executiNe officer, director or stockholder while acting within the scope of his duties as such; (d) any person (other than an employee, of the named insured) or organization while aei',ing as real estate manager to, the nartred insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment In the course of his employment, and Iii) any other person while operating with the permission of the named in- sured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, eitharnn a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this paragraph (a) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of hill employment, or (2) property damage to property owned by, rented to, In charge of or a=- pied by the named insured or the employer of any person described in sub- paragraph (ii). _ This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. 111. Limits of Liability Regardless of the number of (11 insureds under this policy, (2) persons or or- ganizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability Tinder Coverage Part B is limited as follows: - Coveralls A —The total liability of the company for all damages, including dam- ages for rare and loss of services, bemuse of bodily injury sustalned by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury Inability stated in the declarations as applicable to "each occur- rence". Coverage- B —The total liability of the company for all damages bemuse of all property , damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the declarations as applicable to "each occurrence". Coverages Aand B —For the purpose of determining the limit of the company's liability fill bodily injury and property damage arising out of continuous or re- peated eliposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. Additional Definition When wed in reference to this insurance: "insured premises" means 11) the premises designated in the declarations, -(2) premises alienated by the named insured (other than premises constructed far mle by tine named insured), if possession has been relinquished to others, and (3) premises w to which the named insured acquires ownership or control and reports his intention td insure such premises under this policy and no other within 30 days after such acquisition; and includes the ways immediately adjoin- ing such premises on land. V. Policy Territory This ireuronge applies only to bodily injury or property damage which occurs within the polity territory. COVERAGEPART13 DECLARATIONS — Applicable to Coverage Part 13 only The limit of the company's liability against this Coverage shall be as stated herein, subject to all the terms of this policy having reform= thereto, LIMBS OF��r�!c s�tfs- LIABILITY Coverage E— Pmmises Medical Payments: $ 20(Ws each person; $10#0YV• each accident. SCHEDULE HAZARDS RATES O.L. &T. M. &C. ADVANCE PREMIUMS (o) Promises acrd operations 14.3 $ 32.00 (bl Escalators - - - - $ - lol Sports Activities $ Minimum Premium:$ O.L. &T.;$ M. &C. Total Advance Premium $ _r; PyOO��L..I.�CyY NNUM�BEBRpc��q - ` M + 1 COVPART I3 THIS COVERAGE PART IS EpFFE OT' PAG1 NO. 2ZU ! M. 8:2 4- ra POLICY EFFECTIVE mfr. � 141..R - . COVERAGE PART 13— PREMISES MEDICAL PAYMENTS INSURANCE I. Coverage E— Premises Medical Payments The company will pay to or for each person who sustains bodily injury mused by accident all reasonable medical expense incurred within one year from the date of the accident on account of such bodily Injury, provided such bodily injury arlses out of la) a condition in the Insured premises or bbl operations with respect to which the named insured Is afforded coverage for bodily injury liability under this policy. Exclusions This Imurance don not apply: (a) to bodily injury (1) arising out of the ownership, maintenance, operation, use, loading or un- loading of Ill any automobile or aircraft owned or operated by or rented or loaned to any Insured, or Ili) any other automobile or aircraft 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 the in- sured premises, if such automobile is not owned by or rented or loaned to any insured; (2) arising out of (f) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or In practice or preparation for any such contest or activity or (Ill the operation or use of any snowmobile or trailer designed for use therewith; 13) arising out of the ownership, maintenance, operation, use, loading or unloading of (f) any watercraft owned or operated by or rented or loaned to any insured, or (Ili any other watercraft operated by any person In the course of his em- ployment by any Insured; but this exclusion does not apply to watercraft while ashore on the Insured pre - misw; or (4) arising out of end in the course of the transportation of mobile equip- ment by an automobile owned or operated by or ranted or loaned to any insured; Ibl to bodily Injury (1) Included within the completed operations hazard or the products hazard; (2) arising out of operations performed for the named insured by Inde- pendent contractors other than 111 maintenance and repair of the Insured premises or (ii) structural alterations at such promises which do not Involve changing the size of or moving buildings or other structures; - (3) resulting from the selling, serving or giving of any alcoholic beverage (1) in violation of my statute, ordinance or regulation, Ili) to a minor, (fil) to a person under the influence of alcohol or (Iv) which causes or contributes to the intoxication of any parson, If the named insured is a person or organ - izatlon engaged in the business of manufacturing, d6vibnting, selling or serving alcoholic beverages or, If not so engaged, is an owner or lessor of pre- mises used for such purposes but only part (f) of this exclusion (b) 131 applies when the named insured is such an owner or lessor; (4) due to war, whether or not declared, civil war, insurrection, rebellion or or revolution, or to any act or condition Incident to my of the foregoing; (c) to bodily injury (11 to the mitred insured, any partner therein, any tenant or other person regularly residing an the Insured premises or any employee of any of the foregoing if the bodily Injury arises out of and in the course of his employ- ment therewith; CK 816-3 4-73 BUM ED. 73 (2) to any other tenant if the bodily injury occurs on that part of the insured promises ranted from the named insured or to any employee of such a tenant If the bodily injury occurs on the tenant's part of the insured premises and arises out of and in the course of his employment for the tenant; i 13) to any person while engaged In maintenance and repair of the Insured premises or alteration, demolition or new construction at such promises; (4) to any person If any benefits for such bodily injury are payable or re- quired to be provided under any workmen's compensation, unemployment i compensation or disability benefits law, or under any similar law; { (6) to any person practicing, Instructing or participating In any physical [reining, sport, athletic activity or content unless a premium charge Is entered for sports activities In the policy with respect to Premises Medical Payments i Coverage; y (d) to any medical expense for services by the named insured, any employee I thereof or any person or organization under contract to the named insured to provide such services. j 11. Limits of Liabffity The limit of liability for Premises Medical Payments Coverage stated in the declarations as applicable to "each person" is the limit of the company's i liability for all medical expense for bodily injury to anyone person as the result of it any one accident; but subject to the above provision respecting "each person ", I the total liability of the company under Premises Medical Payments Coverage for all medical expense for bodily injury to two or more persons es the result of any one accident shell not exceed the limit of liability stated in the declarations as applicable to "each accident ". When more than one medical payments coverage afforded by this policy up- plles to the loss,the company shall not be liable for more than the amount of the highest applicable limit of liability. III. Additional Definitions When used in reference to this Insurance: "insured pre " means all promises owned by or ranted to the named Insured with respect to which the named Insured is afforded coverage for bodily Injury { liability under this policy, and Includes the ways Immediately adjoining on land; I "medical expense" means expenses for necessary medical, surgical, x -ray and ? dental services, Including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services. IV. Policy Period; Territary This Insurance applies only to accidents which occur during the policy period 1 within the United States of America, Its territories or possessions, or Canada. V. Additional Condition Medical Raporfs; Proof and Payment of Chdm Assoon as practicable the injured person or someone on his behalf shall give to j the company mitten proof of claim, under oath If required, and shall, after each request from the company, execute authorization to enable the company to ob- tain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the company when and as often as the company may reasonably require. The company may pay the Injured person or any person or organization rendering the services and such payment shall reduce the amount payable hereunder for such Injury. Payment hereunder shall not constitute an admission of liability of any parson or,except hereunder of the company. G610 ENDORSEMENT This endorsement modifies such Insurance as is afforded by the provisions PRODUCTS uezepn EXCEPTIONS of the policy relating to the following: COMPRERENSIVE GENERAL LIpBIUTY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE It is agreed that the products hazard does not include bodily injury or property damage analog out of the named insured's products manufactured, sold, handled or distributed in connection with (1) the use of any premises described in this endorsement, owned by or rented. to the named insured or (2) any operation, described In this endorsement, conducted by or on behalf of the named insured. Description of Premises end Operations) Code 5ft23e The effective date and hour of this endorsement is stated below and reference to hour shall be Standard Time at the address of the named insured as stated in the policy. This endorsement shall terminate with the policy. This endorsement Is Subject to the declarations, conditions, and other terms of the polity which are not Inconsistent herewith, and when countersigned by an authorlud representative of the company, forms a part of the polity described below. ❑ CASUALTY COMPANY ® AMERICAN NSURANCE COMPANY ❑ MUTUAL INSURANCE COMPANY ❑ INSURANCE COMPANY ISSUED TO POLICY EFFECTIVE OR NUMBER r .a Flit CafteenRien 1 POLICY NUMBER ENaoae MNENT EN OOaSEtl ENT EFFECTIVE COUNTERSIGNATURE OF LICENSED RE.M.T AGENT n N 1,%. Mr �u w A.M. COUNTERSIGNED AT L OUNTERSIGNATIIRE DATE G610 ENDORSEMENT 1111 CK 881 11.72 31A (REV. 10 -1 -66) 04PJRANICE This endorsement nwdiflev such ilsmrmrce as is afforded by the provisions CAGLP -101 ENDORSEMENT of the policy relating to the following: ADDITIONAL INSURED omeSAll Lllaalo?ds• aw Te=tev (Non-0peratfng) i$a ty Insurains It is agreed that the "Persons Insured" provision Is amended to include as an insured the person or organization designated below, subject to the-following provisions: 1. The Insurance afforded to such person or organisation only applies with respect to operations performed by the named insured at the location designated below. 2. The Insurance afforded by this endorsement shall be ezwess insurance over any other valid and collectible insurance available to such person or organization. NAME OF PERSON OR ORGANIZATION AND LOCATION INTEREST IN LEGAL ENTITY AND RELATIONSHIP TO NAMED INSURED City Corpus Christi, �p C Yy of Corpus Christi, Tons Owner Owner city City Gove moot Advance Premium for this Endorsement: $ 100 RI. $ 2 ?00 pD. i] Additional $ Included The affective date and hour of this endorsement is stated below and reference to hour shall be Standard Time at the address of the named Insured as stated in the policy. This endorsement shall terminate with the policy. This endorsement Is subject to the declarations, conditions, and other terms of the policy which are not inconsistent herewith, and when countersigned by an authorized representative of the company, forms a part of the polity described below. FEDERAL MUTUAL ❑ CASUALTY 19 MUTUAL ® INSURANCE COMPANY ❑ MUTUAL, INSURAMM COMPANY ❑ INSURANCE COMPANY COMPANY CAGLP -101 ENDORSEMENT �. CK 888 9.72 5M (REV. 161 -66) DBURMCIE PRINTED IN D.S.A. G620 ENDORSEMENT This endorsement modifies such insurance as is afforded by the pro- visions of the policy relating to the following: AMENDATORY ENDORSEMENT COMPRERENSIIIE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS LIABILITY INSURANCE It is agreed that: 1. Exclusion (h) is amended to reed: (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organisation engaged in the business of manufacturing, distributing, selling or serving alcoholic bevemges, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (I) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (it) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor de- scribed in (2) above; 2. Exclusion (j) is amended to read: (j) to bodily injury to any employee of the insured arising out of and In the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; 3. Subdivision (a) of the "Persons Insured" provision is amended to read: (a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; Effective Date: Unless an effective date is entered below, this endorsement shall be effective as of the beginning of the policy period stated in the declarations of the policy. This endorsement shall form a part of the polity to which it is attached. LL74DERMENS MUTUAL (AMERtCA.N MOTORISTS S AMERICAN MANUFACTURERS FEDERAL MUTUAL SEQUOIA CASUALTI COMPANY INSURANCE COMPANY MUTUAL INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY 0w "611lon POLICY NUMBER ENOORSENENT EFFECTIVE maath oar vacs 41H 620 419 8 -3-74 laid• 0 � *Completion necessary only for policies when issued subsequent to policy preparation G620 ENDORSEMENT CK 1128 12 -72 tOOM (REV. 1 -1 -73) R7AJRANCIS G525 ENDORSEMENT This endorsement modifies such Insurance as Is afforded by the ADIENDATORY ENDORSEMENT— NOTICE pmvisions of any QENF K UABILRT INSURANCE (T—) As respects bodily injury liability, coverage and property damage liability coverage, unless the company Is prejudiced by the Insured's failure to comply with the requirement, any provision of this Polley requiring the Insured to give notice of action, occurrence or loss, or requiring the Insured to forward demands, notices, summons or other legal process, shall not bar liability under this policy. Effective Dates Unless an effective data Is entered below, this endorsement shall be effective as of the beginning of the policy perlod stated in the declaretbre of the policy. This endorsement shall form a part of the policy to which it to attached. LUMBERMENS MUTUAL AMERICAN MOTOmml AMERICAN MANUFACTURERS FEDERAL MUTUAL SEQUOIA CASUALTY COMPANY INSURANCE COMPANY f (MUTUAL INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY BARED INSURED conegm comeeelOA POU YT�{� UB Wo ENg7. B0. I 8_� �� OATL- *Completion necessary only when Issued subsequent to policy preparation. G525 ENDORSEMENT �Iq CK 1142 5.73 IOM (REV. 5 -1 -73) OiR1RANCII 1-- 7 1-29- PRINTED IN U.B.A. ATTACH DECLARATIONS PAGE, COVERAGE PARTS, SUPPLEMENTARY DECLARATIONS OR SCHEDULES AND ENDORSEMENTS HERE This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE but is inapplicable with respect to automobiles principally garaged or used in the State of New York. It is agreed that: I. The policy does not apply: A Under any Liability Coverage, to bodily injury or property damage (1) 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 Insur- ance Association of Canada, or v+ould be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amenda- tory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily mlury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or disperse, (2) the nuclear material is contained in spent fuel or waste at any time pas. sensed, handled, used, processed, stored, transoorled or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, malenas, 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 Stales of America, its territories or possessions or Canada, this exclusion (3) applies only to prop- erty damage to such nuclear facility and any property thereat. A0009 ENDORSEMENT 6320 ENDORSEMENT NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "unclear 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 foal" 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 (1) containing byproduct material and (2) result- ing from the operation by any person or organization of any nuclear facility in. cluded within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) ham dling, processing or packaging waste, (c) 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 can lains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises 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 con. ducted on such site and all premises used for such operations; "nuclear reactor" means 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. This is not a complete and valid contract without an accompanying Declarations Page, properly countersigned, together with one or more Coverage Parts. JACKET PAGE 2 3. Financial Resproaslhlllty Laws When this policy is certified as proof of financial resgonsibilily for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by' such law. The insured agrees to reimburse the company for any payment made by the cam ny which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Imoued's Duties to the Event of Occurrence, Claim or SOIL (a) In the event of an occur. reme, written notice containing particulars sufficient to identify the insured and also reason- ably obtainable Information wlth respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available w 'ho e sses, shall be given oy or far the Insured to the company or any of its authorized agents as soon as practicable. (b) It claim Is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooppeerate with the company and, upon the companys request, assist in making settlements, in the conduct of suits 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 respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securin8 and giving evidence and obtaining the attendance of wib asses. The insured shall not, except at his own cast voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accldenL , ". Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter ha entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to loin the company as a party to any action against the insured to determine the homed's liability, nor shall the compaary be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. S..0ther losmance. The insurance afforded by this policy Is primary insurance, except when stated to apply In excess of or contingent upon th e absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When bath this insurance and other insurance apply to the loss an the same basis, whether primary, excess or contingent the Compaq shall not be liable under this policy for a greater proportion of the less than that stated in the applicable contribution prowsion below: (a) Cmtrlbudoo by fEgoal Shares. If all of such other valid and collectible insurance pro. vides for contribution by equal shares, the cam anp shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of lass not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or th e full amount of the loss is paid. (b) Cantribattaa by Limits If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. T. Subrogation. In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organlzation and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. B. Chingos. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the campmry from asserting any right under the terms of this policy; nor shall the t erms of this police he waived or changed, except by endorsement issued to form a part of this policy, signed by a duly authorized officer or representative of Be company, 9. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named insured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 10. Three Year Policy. If this policy is issued for a period of three years any limit of the companys liability stated in this policy as "aggregate" shall apply separately to each con- secutive annual period thereof. 11. Cancelatan. This policy may be canceled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancelation shall oe effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancelation stated in the notice shall become the and of the policy period. Delivery of such written notice either by the named Insured or by the company shall he equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the comM cancels, earned premium shall be computed pro -rata. Premium adjustment may be made either at the time cancelatlon is effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is not a condition of cancelation. 12 Declarations. By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agerds relating to this Insurance. As respects the company preNmrsly designated, the folloeiag mrrefatlre jamrlsfoo forms a pmt of this policy: idatsal Pogcy Cmrtitims. ` LUnBERermvn MUTUAL AMERICAN MANUFAC JRERS FEDERAL MUTUAL ' CASUALTY COMPANY MUTUAL INSURANCE COMPANY INSURANCE COMPANY This is a perpetual mutual corporation owned by and operated for the benefit of its members. This is a non - assessable, participating policy under which the Board of Directors in its discretion may determine and pay unabsorbed premium deposit refunds (dividends) to the Insured. As respects of the State of Texas, such provision is amended to read as follows: Muluais— Memhershlp and Yotiag Notice. The insured Is notified that by virtue of this policy he is a member of the company so designated, and Is entitled to vote either in person or by proxy at any and all meetings of said company. The Annual Meetings are held In Its Home Office at the place and time stated an the front cover. Motuels- -Perticlpallm Chose WHhaut Contingent Llahlllty. No Contingent Liability: This pollc is non - assessable. The policyholder is a member of such company and shall particl. pete,e tote extent and upon the conditions fixed and determined by the Board of Directors to accordance with the provisions of low, in the distribution of dividends so fixed and 01&Mds AMMCAN MOTO1118" INSURANCE COMPANY This policy Is participating and shall be entitled to receive unabsorbed premium deposit refunds as apportioned by the directors. As respects the State of Texas, such provision is amended to read as follows: Dividend Pratlalm— Parflclpefing Company. The named insured shall be untitled to participate in a distribution of the surplus of the company, as determined by the Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. IN WITNESS WHEREOF, the company designated on the Declarations Page has caused this policy to be signed by its President and Secretary, but this policy shall not be valid unless countersigned on the Declarations Page by a duly authorized representative of the company. LAMBERIENS MUTUAL CASUALTY COMPANY AMEBIC'AN MOTOBISIE INSURANCE COMPANY AMERICAN MANOFACrUHEBS MUTUAL INSURANCE COMPANY _5L G St JACKET PAGE 3 CK 801 -1 3 -74 25M ED. 73 FEDERAL MUTUAL INSURANCE COMPA1Ng Se-a-Y Pre.M