HomeMy WebLinkAbout12759 ORD - 07/23/1975jkh:7/14/75; 1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR
CONCESSION LEASE AGREEMENT WITH MARGIE BENNETT FOR
OPERATION OF A CONCESSION AT THE GREENWOOD SOFTBALL
COMPLEX, ALL AS MORE FULLY SET FORTH IN THE LEASE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a five -year concession lease agreement with Margie Bennett for
operation of a concession at the Greenwood Softball Complex, all as more
fully set forth in the lease agreement, in substantially the form attached
hereto and maze a part hereof, marked Exhibit "A."
12759
7/14/75
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
THAT THIS AGREEMENT, made and entered into on this the
day of , 1975, A.D., by and between the City of Corpus
Christi, Texas, a municipal corporation and body politic, operating under
the home rule statutes of the State of Texas, hereinafter referred to as
"CITY ", and Margie Bennett, of Nueces County, Texas, hereinafter called
"PERMITTEE":
WHEREAS, Permittee has requested the use of the Concession
Building at the Softball Complex in Greenwood Park within the City of
Corpus Christi, Texas for the purpose of operating a concession business.
The right of the concession herein granted is the right to make direct
sales to the public of wrapped sandwiches, hot dogs, hamburgers, popcorn,
packaged chips, peanuts, soft drinks in paper cups only, candy, chewing
gum, and ice cream.
I
That the City of Corpus Christi hereby grants to the Permittee
the use of the property described for the specific purposes heretofore
enumerated and such privilege is granted for 5 -year use of the described
property, said use to begin upon execution of this agreement.
II
The City hereby grants unto Permittee the rights of concession,
within the concession building of the Softball Complex in Greenwood Park
subject to the terms, conditions and covenants of this contract.
III
The Permittee shall have the right to conduct sales under the
concession grants herein granted at the following location:
Within the Concession Building located at the Softball
Complex Greenwood Park.
Iv
It is understood by and between the parties that electrical,
gas and water services are available to the concession building and that
these services will be provided by the City at no cost to the Permittee,
except that if the Permittee should install air conditioning the cost of
the air conditioning will be at Permittee`s expense. Installation will be
so arranged that usage can be determined separately.
,FX111Q1% X
V
The Permittee shall be responsible to the City for the following:
(A) Compliance with all City health regulations and ordinances
of the City of Corpus Christi as they affect the concession operation.
Permittee has to bear the expenses of meeting all health regulations.
(B) Workmen's Compensation Insurance and approved Public
Liability Insurance, including poisoning or illness from food or drink in
the amount of $100,000/$300,000; $10,000 /$50,000 Property Damage Insurance
and indemnification of the City against all claims resulting from the
operation of the concessionaire, his agents, servants, employees, and
assigns.
(C) Posting in a conspicuous place at every location where
merchandise is sold, a schedule of prices which are not in excess of
those charged under similar conditions elsewhere in the City. If the
Permittee desires to sell any items other than those listed herein he
must first receive the approval of the Director of Parks and Recreation.
(D) Maintaining a clean and neat operation within the con-
cession building and properly disposing of any debris or refuse within 25
feet of the building resulting from operation of said concession, trash
receptacles at concession stand to be provided by Permittee. There should
be a minimum of four trash receptacles, but the quantity shall be sufficient
to care for customer debris or trash disposal within 25 feet of the con-
cession stand. Parks and Recreation Department will provide daily trash
pick -up from central location at a-site designated by Parks and Recreation
Department.
(E) Make inspections of the public restrooms that are located
in the same building twice each day, checking said restrooms for clean-
liness, vandalism, and pervert activity. Any problems related to cleanli-
ness or vandalism should be reported to the Parks and Recreation Department;
any problems relating to pervert activity should be reported to the Police
Department. The Parks and Recreation Department will be responsible for
cleaning and maintaining the restrooms.
(F) Filing of a financial statement with the Parks and
Recreation Department on or before the tenth day of each month and
-2-
L
at that time paying City its share of gross receipts for previous month.
City will provide all necessary forms.
(G) Hours of operation will be during all regularly scheduled
seasonal activities (softball and /or football) and any other special events
scheduled by the Parks and Recreation Department. The concession area
will be in operation for special events by mutual agreement between the
Permittee and the Parks and Recreation Department.
VI
For and in consideration of the rights and privileges herein
granted, Permittee agrees to pay to the City twenty -seven percent (27 %) of
gross sales derived from said concessions, said percentages being due and
payable on the tenth of each month during the term of this agreement.
VII
Permittee hereby agrees to furnish to the City certified
monthly statements of gross business, including the profits from sub-
contracts; sales are to be broken down into individual dates, according
to current accepted accounting procedures prescribed by the Department of
Finance of the City.
VIII
City retains the right at any time to cancel any such use
privilege agreement and may cancel this permit upon sixty (60) days
written notice to Permittee.
Ix
It is further understood and agreed that the Permittee is and
shall be an independent contractor hereunder, and that in his use and
enjoyment of the premises he will indemnify and save harmless the City
from any neglect or misconduct on the part of the Permittee, his agents,
servants, employees, and assigns, and shall in every way hold the City
harmless from same.
x
It is further understood and agreed that the Permittee shall
not make alterations, additions, or improvements to said building, without
prior written consent of the City. All alterations, improvements, and
-3-
additions made by the Permittee upon said building, although at his own
cost and expense, shall, if not removed by Permittee at any termination
hereof, become the property of the City in fee simple without any other
action or process of law.
XI
It is further understood and agreed that Permittee shall not
place, paint or otherwise affix any signs at, on or about the property,
or any part thereof, except as and when first approved in writing by the
Parks and Recreation Department. The Parks and Recreation Department shall
have the right at any time to require Permittee to remove, paint or repair
any of the signs allowed. Should Permittee not remove, paint or repair said
signs within ten (10) days of demand thereof in writing, the Parks and
Recreation Department may fulfill its demands and charge the expense of
same to Permittee.
XII
It is further understood and agreed that the City will maintain
the building and utility lines serving same and that the Permittee will
maintain the interior of the building, including painting and light fixtures.
XIII
It is further understood and agreed that the Permittee shall not-
sublease the leased premises or any part thereof without the written
consent of the City.
XIV
It is further understood and agreed that failure of the Permittee
to comply with any of the terms herein provided shall be authority for the
City, or its agents, at the City's option, to cancel this agreement and
repossess the premises described herein. In the event any legal action is
undertaken by the City to collect the rental due hereunder, to collect for
any damages growing out of this lease, or to in any way enforce the pro-
visions of the lease, an additional ten percent of such recovery shall be
added to cover the expense of such legal action; said ten percent to be
in addition to any court costs.
Permittee will incur no debts or obligations on the credit of
-4-
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 16 1975 -
s�,
I certify to the City Council that $
the amount required .
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name Park Bond Fund
Project No. 291 -72 -2
Project Name Greenwood Softball Complex
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. #
july 16 19 75
Director o nance
FIN 2 -55
Revised 7/31/69
CITY OF CORPUS CHRISTI) TE W
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 16 1975
I certify to the City Council that
15,926.18 - the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name Park Trust Fund
Project No. No. 111 Fund
Project Name Greenwood Fill La d-
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
July 16 , 19 75
r �
Director Finance
FIN 2 -55
Revised 7/31/69
the City of Corpus Christi, Texas.
WITNESS OUR HANDS in duplicate this the day of ,
1975.
ATTEST: CITY OF CORPUS CHRISTI
City - Secretary
AjP'P�ROV�D: \
/j��//'w�//II DAY OF\
(61"
XACity Attorney
V
1975:
By
R. Marvin Townsend, City Manager
Permittee
CORPUSS CHRISTI, TEXAS
�3 DAY OF 19a
TO THE MEN3ERS OF THE CITY COUNCIL
COPPUS CNRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
f
MAYOR
THE CITY OF CORPUS CHRISTI, AS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Boo GULLEY
t GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY'
GABE LOZANO, SR.
EDWARD L. SAMPLE
t �
LUMBERMENS MUTUAL
CASUALTY COMPANY
(A 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: Long Grove, Illinois 60049
The company pro jai
0-
The zrinual meet
;r' -fuel Casualty-Cc
office in •Long Gta
in May of each;'
AMERICAN MOTORISTS
INSURANCE COMPANY
(A Stock Insurance Company, herein called the Companyl
Home Office: Long Grovo. Illinois 60049
FEDERAL KEMPER
INSURANCE COMPANY
(Formerly Federal Mutual Insurance Company)
(A Stock insurance Company, herein called the Company)
Home Office: Long Grove, Illinois 60049
Executive Offices: 2001 East Mound Road, Decatur, Illinois 62526
e insurance afforded by this policy is designated on
..NS
ALL FORMS OF INSURANCE
BILL CURRAN AGENCY
Box 2727 853 -9601
Corpus Christi, Texas 78403
LIFE •FIRE •AUTO • ACCIDENT • LIABILITY f
f iihe Lumbermen Mu -, "_ The annual mee8n9 ofy�
iy is,held at,its home facturers,.. utua[ Insuran
L;,,on the thifd Tuesday : at its home -office Ir%Lori
atWven ofclock`A.M.-; the first Thuis y foliovri
\, s • ;;`j,;- % _> ' _ in May of each - year ai'
\ De larations Page
- � � 'IL.7runm. .� r;�SlL7L'R7llaiiuD�nr:u
'' ^•r•rr., ,.,,. :- th,ii , -
�AinaricanManu- „' - _ _ ._;j.,; „1,�,.;•
ConIPaDY is held, �_ ;': _
3 ova, Illinois,
an
�je third T.oesday
41-A `GENERAL INSURING AGREEMENT
In consideration of the payment of the premium, A reliance trion the staLtements Iq,lhe 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, aq 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 amount 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;
@) premiums on appeal bonds 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 liabillty of this
policy, and the cost of bail 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 ball bond, 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
When used In this policy:
"automobile" 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 injury" means bodily injury, sickness or disease sustained by any person which
occurs during the policy period, including death at any time resulting therefrom;
"completed operations hazard" 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 owned.by or rented to the named insured.
"Operations" include materials, parts or equipment furnished 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 be 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 out 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, repair or
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 injury or
property damage arises out of a condition in or on a vehicle created by the loading or
unloading thereof,
IN 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 ";
"elevator" means any hoisting or lowering device to connect floors or landings, whether or
not in service, and all appliances thereof including any car, platform, shaft, hoistway, stair-
way, runway, power equipment and machinery; but does not Include an automobile servicing
hoist, or a hoist without a platform outside a building if without mechanical power or if not
attached to building walls, or a hod or material hoist used in alteration, construction or
demolition operations, or an inclined conveyor used exclusively for carrying property 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 o
on or adjacent to a railroad,
(3) undertaking to indemnify9 a municipality required by municipal ordinance, except
nection with work for the municipality,
(4) sidetrack agreement, or °
(5) elevator maintenance agreement;
"insured" means any person or organization qualifying as an insured in the "Persons Insured"
Provision of the applicable insurance coverage. The insurance afforded applies separately to n
each insured against whom claim is made or suit is brought, except with respect a the limits
of the company's liability,
"mobile egaipment" 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 use 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 J
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 1
equipment; air - compressors, pumps and generators, including spraying, welding and build-
ing cleaning equipment; and geophysical exploration and well servicing equipment; ;
"named insured" means the person or organization named in Item 1 of the declarations of
this policy; I
"named insured'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 1
(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,' 3
which results in bodily injury or property damage neither expected nor intended from the
standpoint of the insured;
"Policy territory" means
(1) the United States of America, its territories or possessions, or Canada, or
(2) international waters or air space, provided the bodily in ury or property damage does not
occur in the course of travel or transportation to or injury any other country, state or
nation, or
(3) anywhere In the world with respect to damages because of bodily injury or property
damage arising out of a product which was 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;
"Products hazard" includes bodily injury and property damage arising out of the named msured'J
products 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;
peratlons "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
in con- therefrom, or (2) loss 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. Premlam. 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 afferded
herein.
Premium designated in this policy as "advance- premium" is a deposit premium only which
shall be credited to the amount of the earned premium due at the end of the policy period. At
the close of each period (or part thereof terminating with the end of the policy period) desig.
nated in the declarations as the audit period the earned premium shall 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
company shall return to the named Insured the unearned portion paid by the named insured
The named insured 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 policy period as the company may direct.
2. Inspection and Audit. The company shall be permitted but not obligated to Inspect the
named insured's grope ty and operations at any time. Neither the company's 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 named insured or 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
IACnET PACE 1
(Conditions are cautioned on Jacket Page 3)
LU74BERMENS MUTUAL AMERICAN MOTORISTS AMERICAN MANUFACTURERS �t >•
CASUALTY COMPANY INSURANCE COMPANY FE6ERAL MLlfUAC'w _ -
AIT7TUAL INSURANCE COMPANY INSURANCE COMPANY
DECLARATTOY Q
- - - -- - - - - -- -- •-- ,-- ••- �.......— s�c..cnew E. BIL1'U•Y POLICY NUAI.ER
-�
NAMED INSURED
5LM 620 419
Coliseum Concession, Margie Bennett, dba
MAIL ADDRESS eNUNaea— crse-T --e:ry
ox easT orris
OFr Valerie Co us Christi ouNueces rcTexas 78418
J� INDIVIDUAL ❑ PARTNERSHIP ❑Jp INT VENTBRE BUSINESS pF THE NAMED INSURED
❑ CORPORATION ❑ OTHER: Concession
POLICY PERIOD: In�so srArE riot iF orxER rxnn IR of A N.I
FROM i0
8Z3/75 8 3/76
The
11:01 A.M. STANDARD TIME AT THE ADDRESS
Inwrance afforded Is only with respect to such of the following Coverage Parts as are indicated by entry of speci5c advance
ADVANCE PREMIUM COVERAGE PART
premmm Sp cahlet thereto fi As STATED HEREIN.
$ 1— Comprehensive Automobile Liability Insurance
2—r. __ L...... ----
COVERAGE PART 8 - f�
DECLARATIONS— Applicable to Coverage Part 8 only '
The insurance afforded under this Coverage Part isonly with respect to such of the following Coverages as are indicated by entry of specific advance premium in
11 h ... .1 horelo W to all the terms of the oohcv having reference thereto.
LIMITSOF
LIABILITY
Coverage A —Bodily Injury Liability: - $ 100, QOQ„ each occurrence. , -
coverage B— Property Damage Liability $ 0,000. each occurrence.
NAAN
NSURED PREMISES
ENTER• SAME ^IFSAMELOCATION ASADDRESSSHOwN IN DECLARATION II
MBER— STREET —CITY —STATE
N ERESTOFNAMED INSURED
IN UCH PREMISES
(OWNER, LESSEE, TENANT, ETC)
T OCCUPIED
B gMEDINSUREO
402 Shoreline Dr. Corpus Christi, Texag
Tenant
B'
eo le Street T- Head's or us hristi Texas
Tenant'
Entire
MODIFY THE EXCWSIONS OR OTHER TERMS OF THIS POLICY I
COV.A
COV.B
ECTION I REMISES= OPERATIONS CODE
(Af AREA (SD. FT.)
B) Receipts
(A) ME DSO.
(B) Per
F'r.
$100
Concessionaire, selling
cwrloN
DESCRIPTION OF HAZARDS -
RATES
ADVANCE PREMIUMS
_
(ANY RATING CLASSIFICATION SHOWN HEREUNDER DOESNOT_
.-PREMIUM
BASIS
MODIFY THE EXCWSIONS OR OTHER TERMS OF THIS POLICY I
COV.A
COV.B
ECTION I REMISES= OPERATIONS CODE
(Af AREA (SD. FT.)
B) Receipts
(A) ME DSO.
(B) Per
F'r.
$100
Concessionaire, selling
7274.0018.06
beverages or food by means
of hawking or peddling -
including completed operations.
58121s
b)70,000.
.391 .025
Terr. 05
— ESCALATORStNUMBERATPREMISES) CODE
NUMBER INSURED
PER LANDING
*MINIMUM PREMIUMS. COV. A s 2J .00 COV.8s1 .O0
1 -
-
POLICY NUMBER
COV. PARTaTHISCOVERAGEPARTMEFFECTIVE
POLICYEFFECTIVE
ToraL
2 .00
1 .00
0
PAGE NO. YEAR
12.01A M, BDQ N
N 8rR ^
AvVANCE
_ +-r NoT re eE �NAE��P oN�Ee.
CK810 -2 10.72 100M ED.73
��" 'I (COVERAGE PART B CONTINUED ON REVERSE SIDE)
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— Property Damage Liability
(2) the failure of the named insured's products or work performed by or on
The company will pay on behalf of the Insured all sums which the insured shall
behalf of the named insured to meet the level of performance, quality, fit -
become legally obligated to pay as damages because of
ness or durability warranted or represented by the named insured; „
A. bodily injury or B. property damage
but this exclusion does not apply to loss of use of other tangible property ve-
to which this insurance applies, caused by an occurrence and arising out of the
sulting from the sudden and accidental physical injury to or destruction of the
ovinership, maintenance or use of the insured premises and all operations necess.
named insured's products or work performed by or on behalf of the named in-
ary or incidental thereto, and the company shall have the right and duty to
sured after such products or work have been put to Use by any person or organ -
defeij,any syitagaiflst, the 'R+ured seeking damages gri.acpoupt of suclf bodily izanon ot_het than, aninsured, _
injury�or property `diniabe,, en if any of the allegation -s , I& suitaie gre`uh In to property it"ge to the named insured's
less, -false or fraudulent, and may make such inve- gation and settlement of any
claim or suit as -it deerm expedient, but the
products arising out of such
products of any part of such products; tt - ,-- . F 1
-
company shall not be ofiliggta j,to
pay any claim or judgment or-to defend any suifafterRhe appliwhle item of the
(o) to property damage to work perforrnc t y or on behalf of the named m-
sured arising out of the work or any portion thereof, or out Of materials, parts
company's- liability, has been exhausted —by. payment of judgments or settle-
' or equipment furnished in connection therewith; "
menus.
(p) to bodily injury or property damage igcluded within the completed opera -
Exclusions _
tions hazard or the products hazard; = '
This insurance does not apply:
(a) to liability by insured or
(q) to bodily injury or property damage arising nut of operations on or from
assumed the under any contract agreement except
an incidental contract but with respell to bodily injury or property damage
premises (other than the insured premises) owned by, rented to —controlled by
the named insured, or to liability assumed by the insured under
occurring while work performed by the named insured is In progress, this ex-
any contractor
. agreement relating to such premises; "
dusion does not apply to a warranty that such work will be done in a workman-
(r) to bodily injury or property damage arising out of structural alterations
like manner; -
,_ which involve changing the size of or moving buildings or other structures, new
(b) to bodily injury or property damage arising out of the ownership, plain-
construction or demolition operations performed by or on behalf of the named
tenance, operation, use, loading or unloading of
insured. - <
(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
II. persons Insured
Insured '
his employment by any insured,
Each of the g is an insur edunderthisinsuraneetotheaxtentwtfonh below:
but this exclusion does not apply to the parking of an automobile on insured
(a) if the named insured is designated in the declarations as an individual, the
i designated
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, main-
person so but only with respect to the conduct of a business of which
he is sole proprietor;
tenance, operation, use, loading or unloading of any mobile equipment while
(b) If the named insured Is designated in the declarations as a partnership or
being used in any prearranged or organized racing, speed or demolition contest or
joint venture, the partnership or joint venture so designated and any partner or
in any stunting activity or in practice or preparation for any such comes
member thereof but only with respect to his liability as such;
activity or (2) the operation or use of any snowmobile or trader designed for
(c) If the named insured is designated in the declarations as'other than an in.
use therewith; -
diwdual, partnership or joint venture, the organization so designated and any
(d) to bodily injury or property damage arising out of and in the course of the
executive officer, director or stockholder while acting within the scope of his
transportation of ,mobile equipment by an automobile owned or operated by or
duties as such; - ;
rented or loaned to any insured;
(d) any person (other than an employee of the named insured) or organization
(a) to bodily Injury or property damage arising out of the ownership, main-
while acting as real estate manager for the named insured; and
tenance, operation, use, loading or unloading of , -
(e) with respect to the operation, for the purpose of locomotion upon a public
(1) any watercraft owned or operated by or rented or loaned to any in-
insured, or
highway, of mobile equipment registered under any motor vehicle registration
law, - - i
(2) any other watercraft operated by any person in the course of his employ-
W an employee of the named insured while operating any such equipment in
ment by any insured;
the course of his employment, and
but this exclusion does not apply to watercraft while ashore on the insured
fit) any other person while operating with the permission of the named in -"
premises;
sured any such equipment registered in the name of the named insured and
(f) to bodily Injury or property damage arising out of the discharge, dispersal,
any person or organization legally responsible for such operation, but only if
release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,
there is no other valid and collectible insurance available,eithernn a primary
liquids or gases, waste materials or other irritants, contaminants or pollutants
or excess basis, to such person or organization;
into or upon land, the atmosphere or any water course or body of water; but
provided that no person or organization shall be an insured under this paragraph
this exclusion does not apply if such discharge, dispersal, release or escape u,
Ie1 with respect to:
u
s dden and accidental;
• (1) bodily injury to any fellow employee of such person injured in the course
(g) to bodily injury or property damage due to war, whether or not declared,
of his employment, or
civil war, insu ffrogtforl, -rebellion or revolution or to any act or condition inci-
(2) property damage to property owned by, rented to, in charge of or occu-
dent to any of the foregoing, with respect to
pied by the named insured or the employer of any described in
, I71 liability assumed by the insured under an incidental contract, or
person sub-
paragraph 00. - -
' 121 expenses for first aid under the Supplementary Payments pCq+jsiBn;
LT } mshfaqe;doq noi:apft th"ily injur�o!'ipropt• (jy damage ati�irfg out
4f a
(h) to bodily inj4�gr pr�per)y da�na�efnr�vhia�tE�e 0361 Ed9L s �emitee
of conduct of any partnership or joint venture oft which the`Insurcy is a
may be held liable r, T .. -
(1) as a nr+- olaanitatSbn enm�aged ini2iia,buj•�ness
partneror member and which is not designated in this policy as a named insured.
'
peisdn of manufacturing,
distributin I j t hpli ,bmwe
gi�).minR!�Irin9slcq� F -o - fa9��o m.r^4.Uo^
, 111. Limits of Liability
tY
(2) if not so 4�g pij 9"rs qp owner- rrlg k-6 f piR�r}i Rs,µi d for such purposes,
by trleghjrb$set5ing`tfi - sdlc'ohdid
Regardless of the number f (1) insureds under this policy, (2) persons dr or-
reason of gi- ving'of any o verage --
- (j) in violation of any statute, ordinance or regulation, -
gamzations 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
(it) to a minor,
habdity_un{ler, Coverage Part 8 -is lifnited,a; fpllows:
bit) to a person under the influence of alcohol, or
Coveilije i-tg irotal babdiiy of -The ✓:o'mpany forall damages, including dam -
(Iv) which causes or Contributes to the intoxication of any person; - - -
ages lot care and )oss of services, bemuse of bodily jnjury sustained by`one or
but parts Iii), (iii) and 00 of this exclusion do hot apply with 'respect to lie-
more persons as the result'of -any ono occurrence shall not exceed the limit of
bility of the insured or his indemnitee as an owner�oglessor described in (2)
' bodily-injury liability stated in the declarations as applicable to "each occur -
".
above:
(i) to any obligation for which the Insured or any carrier as hisfmsurei' may be
rence _-
-Coverage B —The total liability of the company for all damages because of all
held liable under any workmen's compensation, unemployment compensation or
property damage sustained by one or more. persons or organizations as the
disability benefits law, or under any_similar law;
result of any one occurrence shall not exceed the limit of property damage
Ij) to bodily injury to any employee of the insured arising out of and in the
liability stated in the declarations as applicable to "each occurrence ".
course of his employment' by the insured; but this exclusion does not apply to
Coverages Aand 6 —For the purpose of determining the limit of the company's
halulityassumed by the Insured under an incidental contract: _ _
liability, all bodily injury and property damage arising out of continuous or re-
(k)to property damage to -
peated exposure to substantially the same general conditions shall be considered
_
11)id propS5ty Gknfdbr OcOpkidtry oE1 4r dJrq qe 1r(}ImbJ)IT6 (iJ!S.7"cay.;ing
Al 1 �Yt }ofYq�e occurrenicet, Il ;U j' T(.' `•-'j,E -.
(2),pr6pert s d by the - - - P
i`j..f�ur�'4IE: 1]]t, - J:1)f1c ^i.iyy 7c.I -1
(3) property die,
.. -
•IV.IPdg(i�iigsal Definition ij`()�•f3.:[',,'.F; L� .
it custody or control of thefihsured or as to whldh the'
When used in reference to this Insurance' - -
insured isforany purpdse•exercising pBigical control; -
but part: (2) and (3) of this - exclusion dp `not apply with - respect to (iabdity
"insuredpremises" means (1)'the premises designated in the declarations, (2)
uriders written sidetrack agreement and part (3) of this exclusion does notapply
premises alienated by the named insured (other than premises constructed for
sale by the named insured), if
with respect to property damage (other than to elevators) arismy out of the use
possession has been relinquished to others, and
(3) premises as to which the named insured acquires ownership or Control and
- of an elevator at the insured premise ;; r - till ?7.`)v `•
tnar7ed
reports his intention to insure such premises under this policy and no other
(I ) to property damage to premises alienated by the tosunid arising out
v'
within 30 days after such acquisition; and includes the ways immediately adjoin -
of such premises or any part thereof, -
gig such premises on land.
(m) to loss of use of fangible•property whicfi has not beewphysicaily injured
'- - - - • - . •• ' +.
or destroyed resulting from ' • � +. • , -. _
V. Policy Territory _, - &•
(1) a delay in or lack of performance by or on behalf of the named Insured
.. This,insurance applies only to bodily injury or property damage which occurs
of any Contract or agreement,'or are - p _ .e. • -
within the policy territory. -
T -
COVERAGE PART 13 ,
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 reference thereto. .
LIMITS OF - '2,000.
LIABILITY Coverage E— Premises Medical Payments: $ each person; $ , 10, 000 . each accident.
SCHEDULE
+ HAZARDS - ,
I. Coverage E— Pramises Medical Payments r - - - • ' W
- O.L. &T.
RATES --
M. &,C.
- premises rented from the named insured or to any employee of such a tenant
ADVANCE
PREMIUMS
(a) Premises and operations
date of the accident on account of such bodily injury, provided such bodily
20.
injury arises out of (a) a condition in the insured premises or (b) operations with
$
respect to hick the name insured is afforded coverage -for bodily Injury
(b) Escalators
'
(4) to any person if any benefits for such bodily injury are payable or re.
'
$
Excluaions -
Ic) . Sports Activities
-',
-(51 to any person practicing, instructing or participating in any physical
-
$
(a) to bodily injury , '
Minimum Premium:$ - .00 O.L. &T.;$
M. &C.
Total Advance Premium
$
6,00 -
POLICY NUMBER
5114 620 419 '
COVPART13
PAGEI No.
THIS COVERAGE PART IS EFFECTIVE
ff`61A•Nt ` 9 3/17 .a
POLICYEFFECTIVE
873)`75 va
00 any other automobile or aircraft operated by any person in the course
_ COVERAGE PART 13— PREMISES MEDICAL PAYMENTS INSURANCE `
}
I. Coverage E— Pramises Medical Payments r - - - • ' W
P (2) to any other tenant if the bodily injury occurs on that part of the insured
The company will pay to or for each person who sustains bodily injury caused
- premises rented from the named insured or to any employee of such a tenant
by accident all reasonable medical expense incurred within one year from the
if the bodily injuryoccurs on the tenant's part of the insured premises and
date of the accident on account of such bodily injury, provided such bodily
arises out of and in the course of his employment for the tenant;
injury arises out of (a) a condition in the insured premises or (b) operations with
__
(3) to any person while engaged in maintenance and repair of-the insured
respect to hick the name insured is afforded coverage -for bodily Injury
premises or alteration, demolition or new construction at such premises;
liability under this policy. - - -
(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
Excluaions -
_
compensation or disability benefits law, or under any similar law;
-',
-(51 to any person practicing, instructing or participating in any physical
This insurance does not apply: ,_
training; sport, athletic activity or contest unless a premium charge is entered
(a) to bodily injury , '
- for sports activities in the policy with respect to Premises Medical Payments
. (1) arising out of the ownership, maintenance, operation, use, loading or'un-
Coverage, - -
- loading of _ - '
(d) to any medical expense for services by the named insured, any employee
' (i) any automobile or aircraft owned or operated by or rented or loaned
thereof or any person or organization under contract to the named insured to
to any insured, or
provide such services.
00 any other automobile or aircraft operated by any person in the course
of his employment by any insured; ' •
II. Limits of Liability -
but this exclusion does not apply to the parking of an automobde,on the in-
•• -
sured premises, if such automobile is not owned by or rented or loaned to any
The limit of liability for Premises Medical Payments Coverage stated in the
insured; - .,
declarations as applicable to "each person" is the limit of the company's
(2) arising out of (i) the ownership, maintenance, operation, use, loading or
liability forall medical expense for bodily injury to anyone person asthe resultof
unloading of any mobile equipment while being used in any prearranged or
any one accident; but subject to the above provision respecting "each'person ", -
organized racing, speed or demolition contest or In any stunting activity or
the total liability of the company under Premises Medical Payments Coverage
in practice or preparation for any such contest or activity or (ii) the operation
for all medical expense for bodily injury to two or more persons as the result of
• or, use of any snowmobile or trailer designed for use therewith' ,
any one accident shall not exceed the limit of liability stated in the declaratlops
(3) arising out of the ownership, maintenance, operation, use, loading or
asapplicableto "each accident ".
unloading of- a
When more than one medical payments coverage afforded by this policy ap-
(1) any watercraft owned or operated by or rented or loaned to any insured,
plies to the loss, the company shall not be liable for more than the amount of the
or - -
highest applicable limit of liability. ;
- (ii) 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-
111. Additional Definitions -
mises, or -
arising out of and in the course of the transportation of mobile equip-
equip-
When used in reference to this insurance:
••insured
me
me
ment by an automobile owned or operated by or rented or loaned to any
premises" means all premises owned by or rented to the named insured
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;
-
(b) to bodily injury - - _
"medical expense" means expenses for necessary medical, surgical, x -ray and
(1) included within the completed operations hazard or the products hazard,
dental services, including prosthetic devices, and necessary ambulance, hospital, "
(2) arising out of operations performed for the named insured by inde-
professional nursing and funeral services. I
pendent contractors other than (i) maintenance and repair of the insured
premises or (ii) structural alterations at such premises which do not involve
IV. Policy Period; Territory
changing the size of or moving buildings or other structures;
• (3) resulting from the selling, serving or ofany alcoholic beverage (i)
- This insurance applies only to accidents which occur during the policy period
giving
in violation of any statute, ordinance or regulation, (ii) to a minor, (iii) to a
,
within the United States of America, its territories or possessions, or Canada.
person under the influence of alcohol or (iv) which causes or contributes
_ '
- to the intoxication of any person, if the named insured is a person or organ-
' -
ization engaged in the business of manufacturing, distributing, selling or
V. Additional Condition '
serving alcoholic beverages or, if not so engaged, is an owner or lessor of pre -
Medical Reports; Proof and Payment of Claim
mises used for such purposes but only pan (i) of this exclusion-(b) (3)
As soon as practicable the injured person or someone on his behalf shall give to
applies when the named insured is such an owner or lessor; _ -•
the company written proof of claim, under oath if required, and shall, after each '
(4) due to war, whether or not declared, civil war, insurrection, rebellion or
request from the company, execute authorization to enable the Company to ob-
- or revolution, or to any act or condition incident to any of the foregoing; -
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
(c) to bodily injury
as the company may reasonably require. The company may pay the injured
11) to the named insured, any partner therein, any tenant or other person -
_
person o any person or organization rendering the services and such payment
regularly residing an the insured premises or any employee of any of the
shall reduce the amount payable hereunder for such injury. Payment hereunder
- foregoing if the bodily injury arises out of and in the course of his employ-
shall not constitute an admission of liability of any person or,except hereunder
ment therewith; _ -
of the company.
�
+ t
CK 815 -3 1 -74 5DM ED. 73 -
-
r ndorsement modIfles such insurance as is afforded by the provisions
policy relating to the following•
MANUFACTURERS' AIND CONTRACTORS LI BILITY INSURANCE
OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE
G610 ENDORSEMENT
PRODUCTS HAZARD EXCEPTIONS
It is agreed that the products hazard does not include bodily mimy or property damage arising out of the named insured's products
tinted to the named insured or distributed in connection
descrribedlin this endorsement, conducted by or on behalf of the namedtinsured. by or
Description of Premises and Operations:
Code 581215
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 policy which are not inconsistent herewith, and when
countersigned by an authorized representative of the company, forms a part of the policy described below.
❑ MUTUAL AMERICAN S CASUALTY OMPAN INSURANCE COMPANY MUTUAL INSURANCE COMPANY INSURANCE COMPANY ' AMERICAN
ISSUED TD
LM 620 4 NuuscR
1
COUNTERSIGNED AT
---- " "' -" """ "' " "•�
12 01AM .$r 7
ZZ
COUNTERSIGNATURE DATE
COUNTERSIGNATURE OF LICENSED RESIDENT
AGEN7
Corpus Christi
Texas
6610 ENDORSEMENT
CK 881 8 -67 5M (REV. 10 -I -66)
KEMPER
eRwreD
IN u.e.w.
This endorsement :
of the pelic modifies such insurance "as is afforded 6
Y relating to the such
r the
OWnerS ! _ Provisions
Liabilitndlordsr and Tenantsl
Y Insurance
CAGLP.101 ENDORSEMENT
IL i5 agreed that the-11 persons ADDITIONAy INSURED
to the following previsions: Lured" (Non -O
Provision is amended to include PerntinR)
r- The insurance afforded lode as an insured the
location designatedrbe)Qivo Such person or organ iza ' Parson
4on onl °r °rganization designated
Z• The insurance Y aPPlies with res below,
Person or or afforded by this endorsement shall be ex Pect to subject
ganiza operations performed
tran, by the
CC55 insurance named insured
over any other at the
NAME OF PE Valid and collecuble
ORGANI i a
RSON OR _ Variable to Such
ZATION AN' LOCAi��.• I INT nsurance
City of Corpus Christi, Texas
IN EST
LOCATION LEGAL ENTITY
TO NgME0 DNSu A ONSHIP
PC
Owner
City Government
Advance Premium for this Endoreme nt: s 2 I y
.00
Effective DRio; Unless an effective I $ 2 • CC
This he dedamtIons of the p.eff date is entered bet _ —�P•D•
endorsement ow, this endo Additional C Included
shall form rsement shall be effective LuMnEnM a Part of the policy to as of the be
CASUAL ervs AlUTVaL (- whidl it is attached gI°P of the
TY COMPANY AMERlCq p°IieY period
INSURAN N.IIOTOR /STS atat¢d
CE COMPANY A"IERICAN NIANUFq
NAMED INSURED MUTUAL INSUR CTURERg
ANCE COMPANp FEDERAL ni
of i INSURANCE AL
POLICY NU1aEEfl CIOnC eSSj -O(I RANCE COaAIPANY SEQUOIA
5yM 620 41� Mar, Np INSURANCE COMPANY
r7 I EFFECTIVE pgiE•
*Completion sary
neces on1Y when issued sub
8/3/75
Sequent to policy pre
CAML —z -I P a ration.
ENDORSEMENT
CK 893, 8 7
' 4 SM
(REV.
PRINTED IN . E A
This endorsement modifies such insurance'as is afforded by visions of the policy relating to the following
COMPREHENSIVE GENERAL LIABILITY INSURANCE the pro, C620 ENDORSEMENT
MANUFACTURERS' AND CONTRACTORS' LIABILITY IN
OWNERS', LANDLORDS' AND ADIENDATORY ENDORSEMENT
TENANTS' LIABILITY INSURANCE
it is agreed that: ,
1. Exclusion (h) is amended to read:
(h) 1 bodily injury or property damage for which the insured or his indrmnftee m
U) as a person or orgamzathm engaged in the business r
(2) if not so engaged, as an owner or le may be held
if such liability sane of manufacturing, dtstribu ' liable
Y is imposed premises used for such tins' selling or serving
lc by, or because of the violation of, purposes, S alcoholic beverages, or
alcoholic beverage, or any statute,
orwhich reason of the seIli. °rdinance or regulation pertaining to the sale, tt,
cause outnbutes to the in giving of any Nroholic bevera St distribution or use of an
but part (n) of this escl toricati°n of any person; to a minor or to a person Y
cubed in (2) above; U51Op does not apply with - under the influence
2 Exclusion respect to liability of the insured of alcohol
(1) is amended to read: or his indc
Q) to bodit mnitee as an owner
of the i Y injury to any employee of or lessor de-
insured to indenoan the insured
by the insured under an i Y another because of datnartsing out of and in the course of his em to
mciden tai cen[met; Fes arising out of such injury; but this exclment by the insured or to any obligation
3• Subdivision (a) of the "persons Insure d"
(a) f the named Insured ' i'�on does not apply to liability
of a business c Provision is amended to mad: }' assumed
( which is he - oleted in the declarations
he is the sole proprietor, and the spoasacnoindividual named insured with eat but only with res
, person
gnated
inspect to the conduct of such a to the conduct
business;
Effective Date: Vnless an effective date '
in the declarations of the policy, - .
is entered below, this endorsement shall be effective as of
T� endorsement shall form a part of the policy o
the beginldag of
LUMRERMENS M y which it is attached. the pOhCY' Irerioil stated
CASUALTY COMP' AMERICANMOTORIST9 -
INSURANCE COMPANY AMERAL ICAN MANUFARERS _
NAUED INSUAED 'MUTU I CTUNSURANCE COMPANY FEDERAL
rNSURANgMi CpiUy .. SEQUOIA _
Coliseum Concession INSURANCE COMPANY
POLICY NUMBER I ENDT, Rp I
LM 620 419 3 EFFECTIVE DATE-
*Completion necessary onl 8/3/75
y when issued subse
C620 ENDOggEME 9uent to polity preparation.
CK 1128 2.74 IOOM (REV. I -7 -79)
�m N
INSUHA NC'E
G525 ENDORSEMENT
This endorsement modifies such insurance as is afforded by the AMENDATORY ENDORSEMENT— NOTICE
provisions of any GENERAL LIABILITY INSURANCE (Texas)
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 policy 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 Date: Unless an effective date is entered below, this endorsement shall be effective as of the beginning of the policy period slated
In the declarations of the policy.
This endorsement shall form a part of the policy to which It is attached. '
LUM1IBERM1[ENS MUTUAL AMERICAN MOTORIST AMERICAN MANUFACTURERS` FEDERAL MUTUAL SEQUOIA
CASUALTY COMPANY ( INSURANCE COMPANY - MUTUAL INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY
NAMED INSURED
Coliseum Concession
POLICY NUMBER
ENDT. N0.
EFFECTIVE DATE -
5LM 62o 4191
4
8/3/75
*Completion necessary only when issued subsequent to policy preparation.
G525 ENDORSEMENT ®CIM®
CK 1142 5 -74 5M (REV. 5.1 -73)
PRINTED IN U.S.A
This endorsement modifies such insurance as is afforded by the
provisions of any GENERAL LIABILITY INSURANCE
r -
0525 ENDORSEMENT
AMENDATORY ENDORSEMENT —NOTICE
(Texas)
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 policy 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 Date! Unless an effective date is entered below; this endorsement shall he effective as of the beginning of the policy period slated
in the declarations of the policy. `
This endorsement shall form a part of the policy to which it is attached.
LUMBERMENS MUTUAL AMERICAN MOTORIST AMERICAN MANUFACTURERS FEDERAL MUTUAL SEQUOIA
CASUALTY COMPANY t INSURANCE CONPANY� MUTUAL INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY
NAMED INSURED
Coliseum Concession
POLICY NUMBER
ENDT. ND,
EFFECTIVE DATE*
5LM 62o 41
4
1
8/3/75
*Completion necessary only when issued subsequent to policy preparations.
G525 ENDORSEMENT ®l
CK 1142 5 -74 5M (REV. 5.1.73)
I-- , /79-
PRINTED IN U.E.A.
4 _ ATTACH DECLARATIONS PAGE, COVERAGE PARTS, SUPPLEMENTARY DECLARATIONS OR SCHEDULES AND ENDORSEME47S•HERE .ti K
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
Stale 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 would 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 Oil the insured Is, or had this policy not been issued would
be, entitled to indemnity from the United Stales 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
injury 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 er on behalf of, an insured or (b) has been discharged or dispersed there-
from;
(2) the nuclear material is contained in spent fuel or waste at any time pos-
sessed, handled, used, processed, stored, transported or disposed of by or
on behalf of an Insured; or
0) the bodily injury or property damage arises out of the furnishing by an
Insured of services, materials, parts or equipment in connection with the
planning, construction, maintenance, operation or use of any nuclear facility,
but if such facility is located within the United States of America, its
territories or possessions or Canada, this exclusion (3) applies only to prop.
erty damage to such nuclear facility and any property thereat.
A0009 ENDORSEMENT
G320 ENDORSEMENT
NUCLEAR ENERGY LIABILITY EXCLUSION
(Broad Form)
II. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct
material;
"source material ", "special nuclear material ", and "byproduct material" have the
meanings given them in the Atomic Energy Act of 1954 or in any law amendatory
thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has
been used or exposed to radiation In a nuclear reactor;
"waste" means any waste material (1) containiq 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) han-
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 contains 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
CONDITIONS (Continued)
3. Financial Responsibility laws.' When this policy is terrified as proof of financial responslbddy
not so paid the remaining Insurers then continue to contribute -qual shares of the
for the future under the provisions of any motor vehicle financial responsibility law, such
remaining amount of the loss until each such insurer has paid Its limit in full or the
Insurance as is afforded by this policy for badlly Injury liability or for property damage liability
full amount of the loss is paid.
Shall comply with the provisions pf such law to the extent of the coverage and limits of liability
(b) Contribution by Limits. It any of such other insurance does not provide for contribution
required by such law. The insured agrees to reimburse the company for any payment made by
by equal shares, the company shall not be liable for a greater proportion of such loss
the company which It would not have been obligated to make under the terms of this policy
than the applicable limit of liability under this policy for such loss bears to the total
except far the agreement contained in this paragraph
applicable limit of liability of all valid and collectihle Insurance against such loss
4. Insured's Duties in the Event of Occurrence, Claim or Sail (a) In the event of an occur-
7. Subrogation. In the event of any payment under this policy, the company shall bit subragated
rence, written notice containing particulars sufficient to identify the insured and also reason-
ably obtainable information with respectAci the Ome, place and circumstances thereof, and
to all the insured's rights of recovery therefor against any person or organization and the
to
the names and addresses-of the Injured and -of available witnesses, shall be given by or for
Insured shall execute and deliver Instruments and papers and do whatever else Is necessary
secure such rights. The Insured shall do nothing after loss to prejudice such rights.
the insured to the cod'anf or any of Its authorized agents as soon as practicable.
(b) If claim is made or suit is brought against the insured, the insured shall immediately
R. Changes. Notice to any agent or knowledge possessed by any agent or by any other person
forward to the company "every dpand; notice, summons or other process received by him or
his ^
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 nor shall the terms of this a waived
representative.
(c) The insured shall cooperate with the company and, upon the company's request, assist
policy; policy
or changed, except by endorsement issued to form a part of this policy, signed by a duly
making settlements, in the conduct of suits and in enforcing any right of contribution or
authorized officer or representative of the company.
inin
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
9. Assignment. Assignment of Interest under this policy shall not bind the company until its
insured shall attend hearings and trials and assist in securin8 and giving evidence and
consent is endorsed hereon; If, however, the named insured shall die, such insurance as Is
obtaining the attendance of witnesses. The insured shall not, except at his own cast, voluntarily
afforded by this policy shall apply (1) to the named insured's legal representative, as the
make any payment, assume any obligation or incur any expense other than for first aid to
others at the time of accident
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
5. Action Against Company. No action shall Ile against the company unless, as a condition
thereof, as insured, but only until the appointment and qualification of the legal representative.
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
10. Three Year Policy. If this policy is issued for a period of three years any limit of the
company's liability stated in this policy as "aggregate" shall apply separately to each con -
by judgment against the Insured after actual trial or by written agreement of the insured, the
clamant and the company.
secutive annual period thereof.
Any person or organization or the legal representative thereof who has secured such judgment
11. Caneelation. This policy may be canceled by the named insured by surrender thereof to
or written agreement shall thereafter be entitled to recover under this policy to the extent of
the company or any of its authorized agents or by mailing to the company written notice stating
the insurance afforded by this policy. No person or organization shall have any right under
when thereafter the cancelation shall be effective This policy may be canceled by the company
this policy to join the company as a party to any action against the insured to determine the
by mailing to the named Insured at the address shown In this ppoolicy written notice stating
insured's liability, nor shall the company be impleaded by the insured or his legal representative.
when not less than ten days thereafter such cancelation shall he effective. The mailing of
Bankruptcy or Insolvency of the insured or of the insured's estate shall not relieve the company
notice as aforesaid shall be sufficient proof of notice The time of the surrender or the
of afiy of its obligations hereunder.
effective date and hour of cancelation stated In the notice shall become the end of the policy
B. Other Insurance. The insurance afforded by this policy is primary insurance, except when
period. Delivery of such written notice either by the named insured or by the company shall be
stated to apply in excess of or contingent upon the absence of other insurance. When this
equivalent to mailing.
insurance is primary and the insured has other insurance which is stated to be applicable to
If the named Insured cancels, earned premium shall be computed in accordance with the
the loss on an excess or contingent basis, the amount of the company's liability under this
customary short rate table and procedure. If the company cancels, earned premium shall be
policy shall not be reduced by the existence of such other insurance.
computed pro-rata. Premium adjustment may be made either at the time cancelation is effected
When both this insurance and other insurance apply to the loss on the same basis, whether
or as soon as practicable after cancelation becomes effective, but payment or tender of
primary, excess or contingent, the company shall not be liable under this policy for a greater
unearned premium is not a condition of cancelation.
proportion of the loss than that slated in the applicable contribution provision below:
(a) Contribution by Equal Shires. If all of such other valid and collectible insurance pro-
12. Declarations. By acceptance of this policy, the named insured agrees that the statements
vides for contribution by equal shares, the company shall not be liable for a greater
in the declarations are his agreements andprepresentations, that this policy Is issued In reliance
proportion of such loss than would be payable If each insurer contributes an equal share
upon the truth of such representations and that this policy embodies all agreements existing
until the share of each Insurer equals the lowest applicable limit of liability under any
between himself and the company or any of its agents relating to this insurance.
one policy or the full amount of the loss is paid, and with respect to any amount of loss
I
As respects the company previously designated, the following correlative provision farms a put of this policy:
Netgal Policy Conditions. LUMRERMENS MUTUAL AMERICAN MANUFACTURERS
CASUALTY COMPANY MUTUAL 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:
Yntua"embership and Voting Notice. The Insured is notified that by virtu a 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 on the front cover.
ligtaals ArNeipatiog Clause Without Cogtiagegt Lfabflity. No Contingent Liability: This
policy Is non - assessable. The policyholder Is a member of such company and shall partici-
pate, 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.
DIYldedlf. AMERICAN MOTORISTS FEDERAL KEMPER,
INSURANCE COMPANY 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 Provoios4artieipating Conpaeies. The named insured shall be entitled 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.
LUMEERMENS MUTUAL CASUALTY COMPANY
FEDERAL KEMPER INSURANCE COMPANY
AMERICAN MOTORISTS INSURANCE COMPANY
AAMMMICAN MANUPACrURERS MUTUAL INSURANCE COMPANY
�.I
CK 801.1 11 -74 30M ED. 73 PniNrEO IN u 5 A