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HomeMy WebLinkAbout04543 ORD - 06/06/1956TAP:EM :5 /2/56 AN ORDINANCE AN ORDINANCE GRANTING TO ELI ABRAMS, DBA COURTESY AD- VERTISING COMP NY, A FRAN RISE 0 ONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS N T E ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF THE GROSS RECEIPTS TO THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY GRANTED TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, HIS HEIRS AND ASSIGNS, FOR A PERIOD OF FIVE YEARS (5) BEGINNING THE 1ST DAY OF JUNE, 1956, THE RIGHT AND AUTHORITY TO CONSTRUCT, ERECT AND MAINTAIN AT NOT TO EXCEED THREE HUNDRED (300) LOCATIONS WITHIN THE CITY OF CORPUS CHRISTI, TO BE DESIGNATED AS HEREINAFTER PROVIDED, BENCHES FOR THE USE AND ACCOMMODATIONS OF THE PATRONS AND USERS OF BUSES AND OTHER PUBLIC CONVEYANCES, AND OF THE PUBLIC GENERALLY, AND TO USE AND EMPLOY THE STREET -SIDE OF THE BACKS OF SAID BENCHES FOR ADVERTISING SOLD BY THE GRANTEE HEREOF TO PERSONS, FIRMS, CORPORATIONS AND THE PUBLIC GENERALLY. SECTION 2. THE BENCHES CONSTRUCTED, ERECTED, MAINTAINED AND FURNISHED BY GRANTEE SHALL BE SUBSTANTIALLY, DURABLY AND ATTRACTIVELY CO If O STRUCTED OF CONCRETE BASE AND SIDES; OF WOODEN OR PLASTIC SEATS AND BACKS, AND SECURED BY METAL STRIPS AND BOLTS, IN A DURABLE AND SAFE MANNER, AND SHALL BE MAINTAINED BY GRANTEE AT ALL TIMES IN SUCH CONDITION THAT THE SAME SHALL NOT CONSTITUTE A MENACE TO THE SAFETY AND WELL BEING OF ANY PERSON. GRANTEE SHALL CAUSE GRASS AND WEEDS TO BE KEPT FROM AROUND THE BENCHES AT ANY PLACE WHERE GRASS OR WEEDS GROW TOO CLOSE TO THE BENCHES FOR THE SAME TO BE CUT BY ANYLAWN MOWER OR CUTTING MACHINES THAT MAY BE OPERATED AT THAT POINT BY THE CITY OR ANY PROPERTY OWNER. ALL BENCHES SHALL BE IDENTIFIED BY NUMBER AND THE LOCATION OF EACH BENCH SHALL AT ALL TIMES BE IN ACCORDANCE WITH THE APPROVAL OF THE CITY MANAGER OR THE DIRECTOR OF TRAFFIC ENGINEERING OF THE 4x43 0 CITY OF CORPUS CHRISTI, TEXAS. SECTION 3, AS COMPENSATION FOR THIS FRANCHISE AND FOR THE USE OF THE PUBLIC PROPERTY HEREIN CONTEMPLATED TO BE USED, GRANTEE SHALL PAY ANNUALLY IN ADVANCE TO THE CITY OF CORPUS CHRISTI A FIXED CHARGE OF $10 PER YEAR. IN ADDITION TO SAID FIXED CHARGE, GRANTEE SHALL PAY TO THE CITY OF CORPUS CHRISTI, ANNUALLY, AS HEREINAFTER PROVIDED, A SUM OF MONEY EQUAL TO TEN PERCENT OF THE GROSS SUMS RECEIVED BY GRANTEE DURING THE YEAR FOR WHICH PAYMENT IS BEING MADE FOR ADVERTISING CONTAINED ON THE BACKS OF SAID BENCHES, OR THE SUM OF $125 FOR EACH GROUP OF 25 BENCHES OR ANY FRAC- TION THEREOF, THE LOCATION OF WHICH BENCHES WITHIN SAID CITY BY GRANTEE HAS BEEN APPROVED PRIOR TO OR DURING THAT YEAR, WHICHEVER SUM 15 THE GREATER. THE METHOD OF DETERMINING THE AMOUNT AND TIME FOR THE PAYMENT OF SAID CHARGES SHALL BE AS FOLLOWS: ON THE ACCEPTANCE OF THIS FRANCHISE BY GRANTEE, GRANTEE SHALL PAY TO THE CITY OF CORPUS CHRISTI SAID FIXED CHARGE OF $10 FOR THE YEAR 1956, AND SHALL ALSO PAY TO THE CITY OF CORPUS CHRISTI $125 FOR EACH GROUP OF 25 BENCHES OR ANY FRACTION THEREOF FOR WHICH GRANTEE HAS AT THAT TIME OBTAINED THE APPROVAL OF THE CITY MANAGER AND/OR THE DIRECTOR OF TRAFFIC ENGINEERING. THEREAFTER, ON THE APPROVAL OF THE CITY MANAGER OR THE DIRECTOR OF TBAFFQO. ENG I NEER ING OF THE LOCATION OF ANY ADDITIONAL BENCHES, GRANTEE SHALL PAY IN ADVANCE OF THE ERECTION OF SAID BENCHES A LIKE SUM OF $125 FOR EACH GROUP OF 25 BENCHES OR ANY FRACTION THEREOF FOR WHICH APPROVAL IS OBTAINED, PAYMENT BEING REQUIRED AT THE TIME OF REQUEST FOR APPROVAL BY SAID CITY MANAGER OR SAID DIRECTOR OF TRAFFIC ENGINEERING; PROVIDED, HOWEVER, THAT IF SAID ADVANCE PAYMENT FOR SUCH ADDITIONAL BENCHES BECOMES DUE MORE THAN THREE MONTHS AFTER THE BEGINNING OF THE FISCAL YEAR (WHICH SHALL RUN FROM JUNE 1 OF ONE CALENDAR YEAR THROUGH MAY 31 OF THE NEXT SUCCEEDING CALENDAR YEAR) THEN THE ADVANCE PAYMENT FOR THE REMAINDER OF THAT FISCAL YEAR SHALL BE PROPORTIONATELY REDUCED, SO THAT THE AMOUNT THEREOF FOR A GROUP OF 25 BENCHES SHALL BE THE FRACTIONAL PART OF $125, WHICH 15 REPRESENTED BY THE NUMBER OF MONTHS REMAINING IN THE FISCAL YEAR AS THE ENUMERATOR AND BY 12 AS THE DENOMINATOR. IF AT ANY TIME PAYMENT IS -2- ri MADE FOR A GROUP OF BENCHES NUMBERING LESS THAN 25, NO SUCH ADDITIONAL PAYMENT SHALL BE REQUIRED FOR THE LOCATION OF ADDITIONAL BENCHES UNTIL THAT GROUP OF 25 HAS BEEN FILLED BY OBTAINING APPROVAL OF THE CITY MANAGER AND/OR THE DIRECTOR OF TRAFFIC ENGINEERING, IN A LIKE MANNER, GRANTEE SHALL PAY IN ADVANCE ON THE BEGINNING OF EACH SUCCEEDING YEAR OF THE TERM OF THIS FRANCHISE, $125 FOR EACH GROUP OF 25 BENCHES, OR ANY FRACTION THEREOF, THEN LOCATED IN THE CITY OR FOR WHICH LOCATION HAS BEEN APPROVED. AT THE END OF EACH YEAR OF THE TERM OF THIS FRANCHISE, GRANTEES SHALL PAY TO THE CITY OF CORPUS CHRISTI, THE AMOUNT, IF ANY, BY WHICH TEN PERCENT OF THE GROSS SUMS RECEIVED By GRANTEES FOR ADVERTISING CONTAINED ON THE BACKS OF SAID BENCHES DURING THE PRECEDING YEAR EXCEEDS THE AGGREGATE AMOUNT OF THE ADVANCE PAY- MENTS MADE FOR THAT YEAR. IN THE EVENT ANY BENCHES ONCE INSTALLED AT A LOCATION ARE UNDER OTHER PROVISIONS HEREOF REQUIRED BY THE CITY TO BE RE- MOVED AND THEY ARE NOT LOCATED ELSEWHERE IN THE CKTY, THEN ON THE NEXT PAY- MENT DATE GRANTEE SHALL RECEIVE A CREDIT FOR A PORTION OF THE ADVANCE PAY- MENT THERETOFORE MADE FOR SUCH REMOVED BENCHES, CALCULATED ON A MONTHLY BASIS IN ACCORDANCE WITH THE NUMBER, OF MONTHS REMAINING IN SUCH FISCAL YEAR AFTER SAID BENCHES ARE REMOVED. GRANTEE SHALL KEEP ACCURATE RECORD OF ALL RECEIPTS FOR SUCH ADVERTISING AND SUCH RECORD SHALL AT ALL TIMES BE SUBJECT TO AUDIT AND INSPECTION BY THE CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, OR OTHER PERSON DESIGNATED BY THE CITY MANAGER SO TO DO. REGROUPING MAY BE DONE AT THE BEGINNING OF ANY FISCAL YEAR IN ACCORDANCE WITH A SWORN WRITTEN STATEMENT ACCOMPANIED BY THE ADVANCE PAYMENT FOR SUCH YEAR FILED WITH THE CITY TAX COLLECTOR. SECTION 4. THE BENCHES SHALL, WHERE POSSIBLE, BE PLACED AT LOCATIONS OF BUS STOPS, ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE AREA BETWEEN THE STREET AND SIDEWALK, AND IN PLACES WHERE SAID BENCHES WILL BE CONVENIENT TO THE USE OF THE PUBLIC, BUT SUCH BENCHES SHALL NOT BE PLACED AT ANY LOCATION WHERE THEY MAY CONSTITUTE A HAZARD TO SAFETY OR AN IMPEDIMENT TO TRAFFIC. GRANTEE SHALL FURNISH TO THE CITY MANAGER AND/OR THE DIRECTOR OF TRAFFIC ENGINEERING OF THE CITY OF CORPUS CHRISTI, A LIST OF LOCATIONS -3- N' WHICH SHALL BE SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND/OR THE DIR- ECTOR OF TRAFFIC ENGINEERING AS TO EACH LOCATION. NO BENCH OR BENCHES SHALL BE CONSTRUCTED OR MAINTAINED AT ANY LOCATION WITHOUT THE WRITTEN CON- SENT OF THE ADJACENT PROPERTY OWNER, AND UNTIL THE LOCATION THEREOF SHALL HAVE BEEN APPROVED BY THE CITY MANAGER AND/OR THE DIRECTOR OF TRAFFIC ENGINEER- ING. AFTER ANY BENCH OR BENCHES ARE PLACED AT ANY LOCATION, THE CITY OF CORPUS CHRIST] SHALL HAVE THE RIGHT TO CAUSE SAME TO BE REMOVED BY GRANTEE ON WRITTEN NOTICE, IF IN THE OPINION OF THE CITY COUNCIL GOOD CAUSE EXISTS TO REQUIRE SUCH REMOVAL. SECTION 5. UPON TERMINATION OF THIS FRANCHISE AND OF ANY EXTEN- SION OR EXTENSIONS THEREOF, THE SAID BENCHES OF GRANTEE SITUATED IN AND UPON THE STREETS, AVENUES AND OTHER PUBLIC PLACES SHALL, AT THE OPTION OF AND UPON THE PAYMENT BY THE CITY OF CORPUS CHRISTI TO GRANTEE OF A FAIR VALUATION THEREFOR, BE AND BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI. THE SAID FAIR VALUATION PAYABLE BY THE CITY OF CORPUS CHRISTI TO GRANTEE SHALL BE ASCERTAINED BY THE ARBITRATION AND APPRAISEMENT OF A MAJORITY OF THREE APPRAISERS, ONE OF WHOM SHALL BE APPOINTED BY THE CITY OF CORPUS CHRISTI, ONE OF WHOM SHALL BE APPOINTED BY THE GRANTEE, AND ONE OF WHOM SHALL BE DESIGNATED BY THE FIRST TWO APPRAISERS SO APPOINTED BY THE CITY AND GRANTEE. IF SAID TWO APPRAISERS SHALL BE UNABLE TO AGREE UPON THE DESIGNATION OF A THIRD APPRAISER, OR IF THE CITY OR GRANTEE SHALL REFUSE WITHIN A PERIOD OF THIRTY DAYS AFTER NOTICE TO APPOINT OR DESIGNATE AN APPRAISER, THE COUNTY JUDGE OF NUECES COUNTY, TEXAS, SHALL DESIGNATE SUCH APPRAISERS. THE VALUATION 50 FIXED BY A MAJORITY OF SAID THREE APPRAISERS SHALL NOT INCLUDE ANY PAYMENT OF VALUA- TION BECAUSE OF ANY VALUE DERIVED FROM THE FRANCHISE OR THE FACT THAT IT 15 OR MAY BE A GOING CONCERN DULY INSTALLED AND OPERATING. IF -THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SHALL NOT DESIRE TO ACQUIRE THE SAID BENCHES AND PROPERTY BY THE PAYMENT OF A FAIR VALUATION THEREFOR, THEN AND IN THAT EVENT THE SAID BENCHES SHALL BE REMOVED FROM SAID LOCATIONS BY SAID GRANTEE HEREIN WITHOUT COST OR EXPENSE TO THE CITY OF CORPUS CHRISTI, AND THE SURFACES WHERE SAID BENCHES WERE LOCATED SHALL BE -4- FULLY RESTORED TO THEIR FORMER CONDITION, SECTION 6. THE ADVERTISEMENTS PLACED AND MAINTAINED UPON SAID BENCHES BY GRANTEE SHALL NOT INCLUDE ADVERTISEMENTS OF ALCOHOLIC BEVERAGES OR OF BUSINESSES OR ESTABLISHMENTS WHOSE PRINCIPAL BUSINESS IS THE MANUFAC- TURE, SALE OR HANDLING OF ALCOHOLIC BEVERAGES. SECTION 7. THE TAX ASSESSOR - COLLECTOR OF THE CITY OF CORPUS CHRISTI 15 HEREBY DESIGNATED AS THE PROPER OFFICER TO RECEIVE PAYMENTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION S. SUBSTANTIAL FAILURE OF THE GRANTEE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS FRANCHISE ORDINANCE SHALL CONSTITUTE ADEQUATE GROUNDS FOR THE FORFEITURE OF THIS GRANT AFTER FIFTEEN (15) DAYS WRITTEN NOTICE AND HEARING TO GRANTEE. SECTION 9. THE GRANTEE HEREIN SHALL INDICATE IN WRITING HIS ACCEPTANCE OF THE PROVISIONS OF THIS ORDINANCE WITHIN NINETY (90) DAYS AFTER THE FINAL PASSAGE THEREOF, SECTION 10. GRANTEE SHALL FILE WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, BEFORE THE PLACING OF ANY BENCHES AT ANY LOCATION, A POLICY OF PUBLIC LIABILITY INSURANCE ISSUED BY A CASUALTY INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS, INSURING GRANTEE AND THE CITY OF CORPUS CHRISTI, AS LIABILITY EXISTS UNDER THE LAW, AGAINST LIABILITY FOR DAMAGES INCURRED BY ANY PERSON, FIRM OR CORPORATION BY REASON OF THE CONSTRUCTION, MAINTENANCE, LOCATION AND EXISTENCE OF SAID BENCHES WITH LIMITS OF $10,000 LIABILITY TO ONE PERSON AND $20,000 LIABILITY FOR ONE ENTIRE ACCIDENT, WHICH POLICY SHALL INDEMNIFY AND SAVE HARMLESS BOTH GRANTEE AND THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 11. IF ANY SECTION, PARAGRAPH, CLAUSE, PHRASE, OR ANY PROVISION OR PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED, ADJUDGED OR DECREED INVALID OR UNCONSTITUTIONAL, OR INEFFECTIVE FOR ANY REASON, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE REMAINING AND OTHER PROVISIONS AND PARTS OF THIS ORDINANCE, AND THE CITY COUNCIL DECLARES THAT IT WOULD HAVE PASSED THE VALID AND EFFECTIVE PARTS AND PROVISIONS OF THIS ORDINANCE WITH- OUT THE INCLUSION OF ANY PARTS OR PROVISIONS HEREOF WHICH MAY BE DEEMED, ADJUDGED OR DECREED TO BE INVALID, UNCONSTITUTIONAL OR INEFFECTIVE. SECTION 12. THIS FRANCHISE MAY BE ASSIGNED ONLY WITH THE WRITTEN CONSENT AND APPROVAL OF THE GOVERNING BODY OF THE CITY, BUT SAID FRANCHISE SHALL BE BINDING UPON THE PARTIES HERETO AS WELL AS.THEIR SUCCESSORS AND ASSIGNS. SECTION 13. THIS FRANCHISE SHALL IN NO WISE BE CONSTRUED TO BE EXCLUSIVE AND SHALL NOT BE CONSTRUED AS GRANTING TO GRANTEE ANY EX- CLUSIVE RIGHT OR PRIVILEGE. SECTION 14. THE FOREGOING ORDINANCE WAS READ THE FIRST TIME AND PASSED 70 THE SECOND READING, ON THEJDAY OF (G, 1956, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MINOR CULL[ M. P. MALDONADO 7 THE FOREGOING ORDINANCE WAS READ THE SECOND.D PASSED TO THE THIRD READING, ON THE�DAY OF , 1956, BY THE FOLLOWING VOTE: FARRELL D. SMITH =C W. J. ROBERTS B. E. BIGLER MINOR CULL[ M. P. MALDONADO THE FOREGOING ORDINANCE WAS READ THE THI TIME AND PASSED AND ORDERED APPROVED BY THE MAYOR, ON THE 4 DAY 0 1956, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER i MINOR CULL MALDONADO APPROVED, THIS THE DAY OF 956 ' A T T E,'j�:�. Z., MAYOR /Lt . CITY OF CORPUS CHRISTI, TEXAS CITY SECREkrARf i APPROVED AS 0 LEGAL FORM:G' ITY ATTORNEY 'J Maryland Casualty Company A STOCK COMPANY BALTIMORE Comprehensive General Liability Policy DECLARATIONS Renewal of 96' NEW POLICY NO. 96-138240 Named Insured, ° C0URTZSy AMUTISING CCKPANY —RS AREAW MA Address 642 jRO" fAN ARM, C'r1RPUS CHRISTI, NUMM, Tu" (No. Sweet Town or City P-1 ions County 5lotej _ The Named Insured Is INDIVIDUAL CGRPGR 1.N PARTNERSHIP OTHER Policy Period: From 7/U/_$8 to 7/24/59 12:01 A -M- standard time at the address of the named insured as stated herein. Location of all premises owned, rented or controlled by named insured SAW (Enter "SAME" if same 1owlian - ob.- address) Interest of named insured in such premises a-NE0. I GENERAL LESSEE TENANT Part occupied by named insured INTIRE Business of the named insured is AUMTISIW CCWAHY The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages - Li f Liability Advance Premiums $ 50 h person A— Bodily Injury Liability $ iQ© a ccident $ 1.'6.11 $ gate products U each accident $ Uh� aggregate operations B— Property Damage Liability "9000. aggregate protective $ 48.99 aggregate products oggregate contractual pt_ If Policy Period more than one year, Premiu a I n effective date of Total Advance Policy, $ on first anniversary, on second anniversary. Premium $ The declarations are completed on attached schedules designated A The schedules disclose all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein: During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: AGENT OR BROKER T - Countersigned By p'^- °�''•�� ='�1 '�'� SWARTNIM & GORM Authorized Repre ntatwe 5M 1 -56 3301 Ed. 7 -55 Printed in U. S. A. MARYLAND CASUALTY COMPANY A. Stock Insurance Company, Herein called the Company Agrees with the insured, named the declarations made a parr 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 — Bodily Injury 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, sickness or disease, including death at any time resulting therefrom, sustained by any person and caused by accident. Coverage B — Propeny Damage Liability To pay on behalf of the in. ured all sums which the insured shall become I bh �,r - — damages because of iniva tee ,-+-- — _ —" Yuding the loss of use thereof II Defense, Settlement, Supplementary Poye mnts With respect to such in- surance as is afforded by this policy, the company shall: (a) defend any suit against the insured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make uch investigation, negotiation and settlement of any claim or suit as if deems expedient; Ibj (1) pay all premiums an bonds to release attachments for an amount not in ex s of the applicable limit of liability of this policy, all premiums on s appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; 12) pay all expenses incurred by the company, all casts taxed ogainst the in red in any such 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 exteed the limit of the company's liability thereon; ,(31 pay expenses incurred by the insured for such immediate medical and sur ical relief_to_athem as shall be imperative at the time of (4) reimburse the insured for all reasonable expenses, . other than loss of earnings, incurred at the company's request; and the amounts so incurred, except settlements of claims and suits, are payable by the company in addition to the applicable limit of liability of this policy. 111 Definition of Insured The unqualified word "insured" includes the named s ured and also includes any executive officer, director or stockholder there. of while acting within the scope of his duties as such, and any organization or proprietor with - respect to real estate management for the named insured. If the named insured is .a partnership, the - unqualified word "insured" also includes any partner therein but only with respect to his liability as such. IV Policy Period, Territory This policy applies only to accidents which occur during the policy period within the United States of America, its territories or possessions, or Canada. EXCLUSIONS This Policy does not apply: M to liability assumed by the insu r red under any contract a agree. ment except I1) ❑ contract as defined herein or 121 a respects the Ica sumnce which is of for the Products - Hazard as defined, a warratny of goods or products; IN to any obligation For which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; jcl except with respect to operations performed by independent contac- tors and except with respect to liability a med by the insured under a contract as defined herein, to the ownershipu maintenance, operation, u loading o unloading of (1) watercraft if the accident occurs away from premises owned by, rented ro or controlled by the named insured, except insofar as this part of this exclusion is stated in the declarations to be inapplicable, (2) automobiles if the accident occurs 'way from such premises or the ways immediately adjoining, or (3) aircraft; (d) to injury, sickness, disease, death or destruction due to war, whether —or not declared, civil war, insurrection, rebellion or evolution, or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II (b) (3); jet to liability imposed upon the insured or any indemnitee, as a per- son or organization engaged in the business of manufacturing, selling or distributing alcoholic beverages, or as a owner or lessor of premises used for such purposes, by reason of any statute o ordinance pertaining to the sale, gift, distribution or use of any alcoholic or (fl under coverage A, to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compen- ln unemployment compensation or disability benefits law, or under any s imj� or law, (g) under coverage A, except with respect to liability assumed by the insured under o contract as defined herein, to bodily injury to or sick - ne5s disease or death of any employee of the insured arising out of and the course of his employment by the insured; Ih) under coverage B, to injury to or destruction of (11 property owned or ccupied byv or rented to the insured, or 12) except with respect to liability under sidetrack agreements ncover d by this policy, property used by the insured, or 13) except with respect to liability under such sidetrack agreements or the use of elevators or escalators at premises owned by, ented too controlled by the named insured, property in the care, custody or control of the insured or Propeny as to which the insured for any pun pose is exercising physical control, or (41 any goods, products or containers thereof manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by or for the named insured, out of which the accident arises; (i) under coverage B, to any of the following insofar as any of them ccur on or from premises owned by o rented to the named insured and I r njure or destroy buildings or property therein; (11 the discharge, leakage overflow of water or steam from plumbing, hearing, refrigerating or air - conditioning systems, standpipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems, j2) the col- lapse or fall of tanks or the component parts or supports thereof which form a Pon of automatic sprinkler systems, or 13) ran or snow admitted directly to the building interior through defective roofs, Headers or spouting, or :open r defective doors, windows, skylights, transoms or ventilators; provided, however, this exclusion does not apply to loss due to fire, to the use of elevators o escalators, to operations performed by independent contractors, or to the extent that this exclusion is stated in the declarations to be inap. plicable; III under coverage B, to injury to or destruction of any property arising out. of (11 blasting o r explosion, other than the explosion of air or steam - ssels, piping under pressure, prime m machinery or power trans- mitting equi pmenq or 12) the collapse of or structural injury to any build- ing or structure due (a) to excavation, including borrowing, filling or back. filling connection therewith, or to tunneling, pile driving, coffer -dom work o work, or jb) to moving, shoring, underpinning, raising or or iton of any building or structure or removal or rebuilding lof any struct uml support thereof; provided, however, this exclusion does -not apply with respect to liability as med by the in ured under any contract covered by this policy,, to operations performed for the named insured by independ- ent contractors or to completed or abandoned operations within the meaning of Paragraph 2 of the Products Hazard, and provided further that pan (1) or part 12) of this the does not apply to operations stated, in the de- clarations or in the company's manual, as not subject to-such parr of this exclusion, (kj under coverage B, to injury to or destruction of wires, conduits, pipes ni sewers or other similar property, o any apparatus in connection therewith, below the surface of the grounds if such injury or destruction is caused by and occurs during the use of mechanical equipment for the put pose of excavating or drilling, or to injury to or destruction of property at resulting any time sulting therefrom; provided, however, this exclusion does not apply with respect to liability assumed by the insured under any contract covered by this policy, to operations performed for thenamed insured by independent contractors, to completed o abandoned operations within the meaning of paragraph 2 of the Productsr Hazard, or to operations stated, in the declarations or in the company's manual, as not subject to this ex- clus,on. CONDITIONS 1. Premium The premium bases and rates for the hazards described in the declarations are stated therein. premium bases and rates for hazards not so described are those applicable in accordance with the manuals In use by the company. The advance premium stared In the declarations Is an estimated premium only. Upon termination of this policy, the earned premium shall be com. puted in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to this Insurance. If the earned pre turn thus computed exceeds the estimated advance premium paid, the named Insured shall pay the excess to the company; If less, the company shall re- turn to the named insured the unearned portion paid by such Insured. When used as a premium basis. Ill the word "admissions " s the total number of persons, other than employees of the nomed insured, admitted to the event Insured or to ants conducted on the promises whether on paid admission tickets, complimentary tickets or posses; 12] the word "cost" means the total cost to (a) the named Insured with respect to operations performed for the named insured during the policy period by independent contractors, or Ibl any Indemnitee with es. pact to any contract covered by this policy, of all work let or sublet in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the ecution of such work, whether furnished by the ow e r, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid ar due; (c) Products Hazard. The term "products hazard" means (I) goads or products manufactured, said, handled or distributed by the nomad insured or by others trading under his name, if the accident occurs after possession of such goods or products has been relinquished to others by the named Insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on premises for which the classification stated in division (a) of the declarations excludes any pan of the foregoing; provided, such goads or produce shall be deemed to include any container thereof,- other than a vehicle, but shall not Include any vending machine or any prop. any, other than such container, rented to or located for use of others but not sold; 121 operations, If the accident occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the named insured; provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the following shall not be deemed to be "operations' within the meaning of this paragraph, (a) pick -up or delivery, except from or onto a railroad car, Ib) the maintenance of vehicles owned or used by or in behalf of the In. sured, Ic] the existence of tools, uninstalled equipment and abandon - ed or sed materials and (d) operations for which the classifica- tion stated In division fa) of the declarations specifically includes completed operations. (3) the word receipts" means the gross amount of money charged by the 16) Assault and Battery. Assault and battery shall be deemed an accl- amed insured for such operations- by thenamed insured or by others dent unless committed by or at the direction of the insured. during then policy period as rated o n receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a governmental division; Nil the word "remuneration" means (a) the entire remuneration earned during the policy period by all employees of the named insured, other than drivers of teams or automobiles and aircraft pilots and ca- pilots, subject to any overtime earnings or limitation of remuneration rule applicable in cordance with the manuals in use by the company, and subject with respect to each executive officer to a - maximum and a minimum of $100 and $30 per week, and IN the remuneration of each proprietor at a -fixed amount of $3,600 per annum; (5) the word soles "' means the gross amount of money charged by the coed insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others col- lect as a separate item and remit directly to a governmental division. The nomad insured shall maintain for each hazard records of the infor- mation necessary for pre computation on the basis stated in the de- clarations, and shall send copies of such records to the company at the end of the policy period and of such times during the policy period as the cam pony may direct. 2. Inspection and Audit The company shall be permitted to inspect the in- red premises, operations and elevators and to examine and audit the i red's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as for as they relate to the premium bases or the subject matter of this insurance. 3. Definitions. ;cF59ME11,. The word "contract" means, if in writing, a lease of premises, track ogreemenf; °e; agreement required by municipal ordinance, side - ---.,Intor maintenance agreement. (b) Automobile. The word 'automobile" means a land motor trailer or semitrailer, provided: 11) The following described equipment shall be deemed an automo. bile while towed by or carried on an automobile net so described, but not otherwise: If of the crawler -type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any con- crete mixer other than of the mix -in- transit type: any grader, scraper, roller or farm implement; and, if not subject to motor vehicle registration, any other equipment not specified in (2) below, which is designed for use principally off public roads. 121 The following described equipment shall be deemed on automobile while towed by o cried an an automobile as above defined solely For purposes of transportation or while being operated solely for locomotion, but not otherwise; if of the non-crawler type, any power crane or shovel, ditch or trench digger; and any air- compress- ing, building or m cleaning, spraying or welding equlptnent or well drilling machinery. 4. Limits of Liability The limit of bodily Injury liability stated in the declara- Cavemga A tions as applicable to "each person" is the limit of the company's liability for all damages, including dam- ages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by one person as the result of any one accident; the limit of such liability stated in the declarations as applicable to - "each accident" s , subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily Injury, sickness or disease, including death at any time resulting therefrom, sustained by two or more persons as the result of any one acci. dent. 5. Limits of Liability— Subject to the limit of liability with respect to Products "each accident ", the limits of bodily injury lia- bility and property damage liability stated in the declarations as "aggregate products" are respectively the total limas of the company's liability for all damages arising out of the products hazard. All such damages arising out of one tat of goads or products prepared or acquired by the named insured or by another trading under his name shall be considered as arising out of one accident. 6. limits of Liability The limit of property damage liability stated In the coverage B declarations as applicable to "each accident" is the total limit of the company's liability for all dam- ages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one accident Subject to the limit of liability with respect to ' "each accident', the limit of property damage liability stated in the declarations as "aggregate opera- tions" is the total limit of the company's liability for all damages arising out of injury to or destruction of property, including the loss of use thereof, caused by the ownership, maintenance or use of premises or operations rated on a remuneration premium basis or by contractors' equipment rated on a receipts premium basis. rvsp.cr to "each accident', the limit of property damage liability stated in the declarations as "aggregate protective" is the total limit of the company's liability for all damages arising out of Injury to or destruction of property, including the loss of use thereof, caused by operations performed for the named insured by inde- pendent contractors or general supervision thereof by the named insured, ex. cept (a) maintenance and repairs at premises owned by o rented to the named insured and (b) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures. Subject to the limit of liability with respect to "each occident', the limit of property damage liability stated in the declarations as "aggregate contractual" is the total limit of the company's liability for all damages arising out of injury to or destruction of property, including the loss of u thereof, with respect to liability assumed by the insured under contracts covered by this policy in connection with operations for which there is an aggregate operations' limit of property damage liability stated in the de- clarations. Attach Endorsements in this space The limits of property damage liability stated in the declarations a "aggregate operations ", "aggregate protective" and "aggregate contrac- tual" apply separately to each project with respect to operations being Performed away from premises owned by or rented to the named insured. 7. Sevembilify of Interests The term "the Insured" is used severally and not collectively, but the inclusion herein of more than o insured shall not operate to increase the limits of the company's liability. 8. Notice of Accident When an ccident occurs written notice shall be given by o n behalf of the insured to the co pony o any of I" authorized agentsi s practicable. Such notice shall contain particulars sufficient to identify nihe insured and also reason. ably obtainable information respecling the time, place and circumstances of the ccident, the names and addresses of the injured and of available wir- 9. Notice of Claim or Suit If claim is made or suil 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 rep rosentlive. 10. Assistance and Cooperation The insured shot cooperate with the co of the Insured pony and, upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtain. ing the attendance of witnesses and in the conduct of suits. The insured ll shanot, except at his own cost, voluntarily make any payment, assume any obligation or o any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of accident. 11. Action Against Company No action shall lie against the company unless, a a condition precedent thereto, the red shall hove fully complied with all the term this policy, nor until uthe unt of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agree. ment of the insured, the claimant and the company. Any person o organization or the legal representative thereof who has ured such judgment o r written agreement shall thereafter be entitled to recover under this policy to the extent of the i s urance afforded by this policy. Nothing contained in this policy shall give any person or organiza- tion any right to join the company as a co- defendant in any action against the insured to determine the insureds liability. Bankruptcy or Insolvency of the insured or of the insured's estate shall nor relieve the company of any of its obligations hereunder. 12. Other Insurance If the insured has other insurance against a loss Bred by this policy the ncompany shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stared in the declarations bears to the total appli. cable limit of liability of all valid and collectible insurance against such loss. 13. Subrogation In the event of any payment under this polity, the company shall be subrogated to all the insureds rights of recovery therefor against any person or organization 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. 14. Three Year Policy A policy period of three years is comprised of three consecutive annual periods. Computation and ad- justment of earned premium shall be made at the end of each annual period. Aggregate limits of Ilability as stared In this policy shall apply separately to each annual period, 15. 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, signed by an authorized representative of the company. 16. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, how- ever, the named insured shall die, this policy shall cover the named in ured's legal representative as named insured; provided that notice of c celation addressed to the insured named in the declarmions and marled to the act- dress shown in this policy shall be sufficient notice to effect cancelation of this policy. 17. Cancelation This policy may be canceled by the named insured by surrender thereof to the company or any of its author. Ized agents or by mailing to the Company written notice stating when there. after 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 pol- icy written notice stating when not less than ten days thereafter such cancela- tion shall be effective. The moiling of notice as aforesaid shall be sufficient r proof of notice. The time of the surrender or 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 named insured or by the com- pany shall be 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 company cancels, earned premium shall be computed pro rate. Premium adjustment may be made either at the timeacancel ation i effected or as practicable after c celation becomesetfective, but payment or "on tender of unearned premium is not a condition of cancelation. 19. Declarations By acceptance of this policy the named Insured agrees that the statements In the the are his ogre ants and represenrat ions, that this policy is issued in reliance upon the truth of such represen totions and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. - IN' WITNESS WHEREOF, the MARYLAND CASUALTY COMPANY has caused this policy to be signed by Its Chairman of the Board and President and It. Secretary at Baltimore, Md., and countersigned on the declarations page by an authorized representative of the company. ,=a Ch . U'ct he Board and President TEXAS AMENDATORY ENDORSEMENT (for attachment to 31, 53 and 96 policies) It is agreed that the figure °$200" is substituted for 1100" in the paragraph of the Premium Condition defining "remuneration ". Effective on and after JULY 24 19 58 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as hereinbefore set forth. This endorsement forms apart of POLICY NO. 96-138240 ISSUED TO COURTUY AVVUTI$ING CMANY Countersigned by $JL4JJT= & GORWX MARYLAND CASUALTY COMPANY Authorized Representative. Chairman of the, Board and President. Lia. 3176. Ed. 7-55. 15m. d Texas Amendatory Endorsement. AMENDMENT OF PROPERTY DAMAGE EXCLUSIONS (For attachment to 31, 53 and 96 policies) It is agreed that the policy is amended as follows: 1. Subdivision 2 (a) of the Property Damage Liability exclusion relating specifically to the collapse of or structural injury to any building or structure is replaced by the, following: "(a) to grading of land, excavation, borrowing, filling, back- filling, tunneling, pile driving, coffer -dam work or caisson work, or ". 2. in the Property Damage Liability exclusion relating to injury to or destruction of wires or similar property, the phrase "for the purpose of excavating or drilling" is amended to read "for the purpose of grading of land, paving, excavating or drilling ". Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Countersigned by 5WAMER e, WRtM MARYLAND CASUALTY COMPANY A horizedl (� ...... .. _. ..... ..,...� .. ..........._ -�.� . ....., y.. .._...........__....a.._,.,._._ - Representative. Lia. 5006, Ed. tL56. Som. .+ 1 a 16) Chairman of the Board and President. Ammdment of Property Damage Exclusions. When attached to a Comprehensive Liability Policy No. 31, this endorsement does not apply to Automobile Liability, INDIVIDUAL AS NAMED INSURED Limited to Solely Owned Busiases (For attachment to 31, 53 and 96 Policies) It is agreed that the policy does not apply except in connection with the conduct of a business of which the named in- sured is the sole owner. "Business" includes trade, profession or occupation and the ownership, maintenance or use of farms, and of property rented in whole or in part to others, or held for such rental, by the insured other than (a) the insured's residence if rented occasionally or if a two family dwelling usually occupied in part by the insured or (b) garages and stables incidental to such residence unless more than three car spaces or stalls are so rented or held. Nothing herein contained shall be held to vary, alter, waive or extend any of [lie terns, limits or conditions of the policy, except as hereinabove set forth. LA This endorsement forms a part of POLICY NO. 96_L38240 Exp. Date 7/24/S9 ISSUED TO COilk1'iil."Y pNU=ISIX COWA (Y Countersigned: S&YAJITM & GORM MARYLAND CASUALTY COMPANY zed Representative. Lie. 3079. Ed. 7 -55. 15m. (o 23ea) Chairman of the Board and President Wividind as Named 1—red. Comprehensive General Liability Policy ENDORSEMENT EXCLUDING PRODUCTS HAZARD (For attachment to 31 and 96 Policies) It is agreed that the policy does not apply to the products hazard as defined therein. Effective on and after JULY 24 '19 58 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as hereinbefore set forth. This endorsement forms a part of POLICY NO. 96 -13820 ISSUED TO �_ 81M CM�Y Countersigned by MLARTM & Goa= MARYLAND CASUALTY COMPANY ...................... ._... .Is .... ,. .... _ -' Authorized Representative. Li- 3070. Ea. 7, 55, som. - Chairman of the Board and President Endorsement Excluding Products lfarar d. ADDITIONAL INSURED —STATE OR POLITICAL SUBDIVISION (For attachment to 31, 52, 33 and 96 Policies) It is agreed that with respect to such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability, the unqualified word "insured" also includes any state or political subdivision thereof, but only with respect to such of the following hazards for which said state or political subdivision has issued a per- mit in connection with premises owned by, rented to or controlled by the named insured which are covered by the policy: (a) the existence, maintenance, repair, construction, erection, or. removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoistway openings, sidewalk vaults and similar exposures; (b) the construction, erection or removal of elevators; (c) the ownership, maintenance or use of any elevators covered by the policy. This endorsement forms a part of POLICY NO.. %-UWUO EXP. DATE ISSUED TO Countersigned: 4011M MARYLAND, CASUALTY COMPANY Authorized Representative. Chairman of the Board and President Lia. 3155. Fd. 7.55. 10— NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) (for attachment to all policies except Family Automobile, Farmer's Comprehensive and other personal liability policies.) It is agreed that the insurance afforded under any liability coverage of the policy or of any endorsement used therewith does noE apply: (a) to injury, sickness, disease, death or destruction with respect to which an insured under the policy is also an insured under a contract of nuclear energy liability insurance issued by the Nuclear Energy Liability Insurance Association or the Mutual Atomic Energy Liability Underwriters and in effect at the time of the occurrence resulting in such injury, sickness, disease, death or destruction; provided, such contract of nuclear energy liability insurance shall be deemed to be in effect at the time of such occurrence notwithstanding such contract has terminated upon exhaustion of its limit of liability; (b) to the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an insured, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard; provided that except for byproduct material, this paragraph (b) shall not apply to goods or products manufactured or handled by a nuclear facility owned, maintained, oper- ated or used by or on behalf of an insured while such goods or products are away from such facility after sale or distribution to others; (c) to the furnishing of services, materials, parts or equipment by an insured in connection with the planning, construction, mainte- nance, operation or use of any nuclear facility, (1) with respect to injury to or destruction of any nuclear facility or property thereat resulting from the nuclear energy hazard or (2) if the nuclear facility is located outside the United States of America, its territories or possessions, or Canada, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard; (d) to the transportation, handling, use, sale, distribution or disposal of byproduct material, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard. As used in this endorsement: 1. The term "nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or byproduct material. 2. The terms "source material;' "special nuclear material" and "byproduct material" shall have the meanings given them in the Atomic Encrgy Act of 1954 or by any law amendatory thereof; provided, except for byproduct material (a) contained in or combined with special nuclear material or (b). held, stored, transported or disposed of as waste by or on behalf of a nuclear facility, "byproduct material" shall not include any radioactive isotope away from a nuclear facility. The term "nuclear facility" means: (a) any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable material; (b) any equipment or device (i) designed or used for the separation of the isotopes of uranium or plutonium, (ii) designed or used for the processing, fabricating or alloying of special nuclear material or of irradiated materials containing special nuclear material, (iii) incorporating or making use of such irradiated materials, or (iv) designed or used for processing waste byproduct material; (c) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste source material or waste consisting of or containing special nuclear material or byproduct material; and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations. Subdivision Oil of paragraph (b) foregoing is not applicable to the occasional mechanical processing or fabricating of special nuclear material by any person or organization at a location which contains no equipment, device or apparatus otherwise defined herein as a nuclear facility, where special nuclear or byproduct material is not regularly handled, stored, or disposed of as waste, and which is principally used for other operations not related to the handling, fabricating or use of special nuclear material. 4. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive con- tamination of property. Effective on and after apULT 24 , 19 S8 - - Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as hereinbefore set forth. This endorsement forms a part of POLICY NO. 96- 138240 ISSUED TO CMTB$Y lhbilEMSIM COW"y Name of Broker or Sub -Agent SwAwn ,� g N Countersigned by MARYLAND CASUALTY COMPANY Authorized Representative. Chairman of the Board and President Lia. 91069, Ed. 5.58. 200.. COMPREHENSIVE GENERAL LIABILITY SCHEDULE (For use with Comprehensive Lia, Pol. Form 31 or 96) 6ECLARAT10N5 Description of Hazards H. O. Use Rtes Advaeee Premiums Coverage A Cov ge I Beffi Coverage A Cav ge The rating classifications under the Description of Hazards do Man I Code No. Premium Bases 1'en. cm. not modify the exclusions or other terms of this policy BeJ9 P C ❑ ❑J C (a) Premises— Operations (a) Area (Sq. Ft.) (a) Per loo Sq. Ft. of (b) Froatage (c) Remnneration Area Cb) P- U.-, Foot (d) Other applic ble basis (c) Per $100 eraticu of Remu- 4 MINIATURE BILLBOARDS BATED AS. (d) Basis ra Ce applies upon which ADVERTISING SIGNS — STREET — EXISTENCE HAZARD ONLY 303 A)AUDIT .044 .044 1.44 .64 HP NP HP PER LOCATION B1 .36 PD .16 EACH REFUSE RECEPTALES 30 38 .145 .033 5.51 1.25 STREET BENCM 301 382 .362 .104 138.28 41.64 ADDITIONAL INSURED -CITY OF CORPUS CHRISTI - CHARGE FIR END. 3155 3.63 2.73 ENO. 3176, 3006, 3069, 3070, 3079,31 5 (b) Elevators App. Interlocks Car Gate Contacts No, Elev. on rem;5« Number Insured Per Flevat- N= AT INCEPTION. ES AFP ©RDED 4 A 1T (c) Independent Contractors Cost P" "" of Cost CONSTRUCTION OPERATIONS -OWNER N.O.C. (NOT RAILROADS) — EXCLUDING OPERATIONS 6 ®N BOARD SHIPS. 0512 IF ANY .0348 .0164 A IT (d) Products (Including Completed Operations) Sales Per $1000 of sates 7 EXCLUDED (e) Contracts as defined in Condition 3 (a) Number Insured (a) Per Contract (b) Cost (b) Per $100 eE cost AS PROVIDED IN THE POLICY 5 Special Coverage Premiums - -— Total Advance Premiums 156.11 48.99 ral Liability Schedule No. 0N� attached to and forming par[ of Policy No. Line Code 3101 3'03 Lia. 3048. Ed, 7.55. Rev. 9.57. 145m ERNEST BOBYS COMPANY P. O. BOX 801 CORPUS CHRISTI, TEXAS Phone 2�9951 March 14, 1958 City of Corpus Christi Corpus Christi, Texas Attention. Mr. T.Ray Kring Re: Eli Abrams dos Courtesy Advertising Company Glens Falls Insurance Company Policy No. OLT 11 -15 -99 Gentlemen: We are attaching hereto copy of the captioned policy for your file. Very truly yours, ERNEST 30BYS COMPANY By EEB:ew l�goR 1 yqg F? CitY Secre ary .5T,.._ icy No. EXTENSION SCHEDULE Form L616385 Item 3. OLT, MC, LCG Advance Premiums Coverage A Coverage B Rates Coverage A Coverage B Premium Bases Code No, _ Description of Hazards Th raring classifications do not modify the exclusions o nrner terms of this olic . R la) Per 1005q. Ib) Per Linear Ft of Area Foot (al Area 15q. Ft.) (bl Frontage premises — Operations Purposes of Use Ic)Per §100 of tlon Remunera- ( d) Remuneration fd)Unit 1pts 8 � .�,Y �+'.us _ jam'" (tll Per Unit of Receipts (el Unit' Ifl Admissions AI�'ulr- Irr{�L - Mper1100 [ f) Per 100 Admissions 4x" #37.82 ). I .10 0) AwoAl and�q�s SONVU02" W-0 left** w (alai 30011111 in TORO), M22 ��ss,�a b Uft 2 $i111141" 2 �vy,� .ryas s�rL y� 2117 2A 2 � F4 "µ W 1) aga ft"lu S hNewavius 6 Utf OWNS +F Albw Pow 6 �RdNpi i � i _ .;,Formmg part of Policy Issued to........_ _4) by the ............... f.+2 . ENDORSEMENT Effective from _.._i erch 21, 1958__...., 19.......... "Wy, C,P-O�� (12:01 A. M. STANDARD TIME) uing Additional Bismad tha4 hated Pretniaea 0ir1 'ANY, Glens Falls, N. Y. In consideration of an additional premium of $10.88 ($8.00 B. I. and $2.88 F. D., Isel.) it Is weed that Poch insurance as is afforded by the policy for Badi],y Injury Idabilaty and far Property Damage Liabilitq applies, subject to the following provision: The unqualified word "insured" wherevex used in the policy also includes the person or organizationtazed below but only with respect to the ownership, maintonenos or use of the premises designated below and operations necessary or incidental thereto. Bamed of Person or Organisation Location of Premises City of Corpus Christi, Texas 257 Street Benchss aril 24 Refuse Receptacles located within the City of Carpus Christi, Tasaa This endorsement is subject to all the terms, conditions and exclusions of the policy and its endorsements which are not inconsistent herewith. Countersigned by: Ernest Bobys CaWBW PRESIDENT Fom I f 552 (5) ................. . ......... ......................... ...... Authorized Agent 0 H x15 RENEWAL OF NUMBER nya - I - OUNTSENTERED ✓.�Y(.Nl DAILY REPORT C+6i 4` i toy , t,1' ® oa��.�� sa >�eessee❑ rert,.nr . - t air* ' From al'fa$'" Af '21, I'M To s3�.TC.°Y -TM t 15* Item 3. Item 1. ... .,.....,. �_...,,......... . Insured C-3 and C 3 Address: Town or City, County, Stare C -S Location of premises. spree --.1 Ir s,.Me cocnr(otr..s noove nooeess Interest of and part occupied by named insured Office and Agent Code, and Office or General Agent Name Agent, Sub -Agent or Broker Item 2. Policy eriod- 12:01 A. M., standard time at the address y • of the named insured as stated herein Business of the named insured is Coverage A Bodily Injury Liability Coverage B Property Damage Liability Coverage C Medical Payments Limits of Liability $ $ each person $ $ $ each accident eaggregate $ (applies to Div. 9 only;$ (applies to Divs. 3 G 41 Premiums Bodily Property Rates Bodily Property Premium Bases Code Description of Hasards Injury Damage I 'ury Damage No- The rating classifications do not modify the exclusions o other of tn, alit r Division 1, Premises Operations Purposes of Use VA`$�ra mil' yp y +P'f7�/ �{— "rk>U11111W W�l Attechillida Saw. 7.0 *ttathed. a( Per 10050- Ft. of Area (a) Area (So. FLI Ib) Per Linear Foot Ibl Frontage lcl Per $100 of Remuner - do e) Remuneration (d) Per$100of Receipts tel Per Unit (dl Receipts (el Units (f) Per 100 Admissions (f) Admission Per Elevator Number Insured Division 2. Elevators y� 'Rrir � aFrR �r�! la) Per $100 of Rem-,.- (a) Remuneration Division 3, Structural Alterations, New Construction Lion (b; Per $100 of Cost (bl Cast �! +weis�7rod �'gylalarPw Per $1,000 of Sales Sales Division 4. Products— Completed Operations %t ; %art $ $ UM Total B. I. and P. D. Premiums Farm Numbers of Endorsements Attached to Policy at issue: L :0 $ Premium for Medical Payments: Premises — Operations $ Premium for Medical Pa ments: Elevators Is Additional Premiums (Per Endorsements Attached) If Policy Period more than one year premium is payable on effective date of Policy TaT I Premium $ 1st Anniversary $ 2nd Anniversary $ Item 4. During the past three years no Insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein:= 22,. 2 JU6168 -X -8 G r ELI ABRAMS COURTESY, ADVERTISJI r. COMPANY 642 Hoffman Street • Phone TES -7173 • Corpus Christi, Texas ORDINANCE # 3078 Franchise granted to Eli Abrams, dba Courtesy Advertising Co. Pertaining to 5ec$rion 4, of the above numbered Franchiset It Grantee shall furnish to the City Manager and/or the Director of Public Utilities of the City of Corpus Christi, a list of locations which shall be subject to the City Manager and /or the Director of Public Utilities as to each location. No bench or benches shall be construct- ed or maintained without the consent of the adjacent property owner, and until the location thereof shall have been approved by the City Manager and /or the Director of Publie Utilities." Following pages contains 1. Locations of all public service benches in,Corpus Christi. 2e Number assigned to each bench location as per section 22 of the above numbered Franchise. Locations approveds rec or o c as COURTESY ELI ABRAMB ADVERTISING COMPANY 642 Hoffman Street • Phone TES -7173 a Corpus Christi, Texas LOCATION ADVERTISER 1. SANTA FE & BOOTY FLATO 2. THIRD & HANCOCK FLATO 3. STAPLES & BOOTY FLATO 4. STAPLES & CLIFFORD FLATO 5. STAPLES & SIXTEENTH PLATO 6. STAPLE'S & KOSAR FLATO 7. PORT & MORGAN PLATO 8. PORT & AGNES FLATO 9. PORT & LEOPARD PLATO 10. AYERS & ARLINGTON PLATO 11. AYERS & TARLTON PLATO 12. AYERS & BL;VENS BLANK 13. ALAMEDA &- 6- 9L�'GR1ESRoaK FLATO 14. ALAMEDA & EVERHAAT (OLD FOLKS HOME) FLATO 15. KOSTORYZ & GOLIHAR FLATO 16. MORGAN & EIGHTEENTH PLATO 17. BROWNLEE & MARY PLATO 18. MESQUITE & SCHATZEL FLATO 19. WATER & PEOPLES PLATO 20. LEOPARD & LkNRENCE FLATO 21. AGNES & NINETEENTH PLATO 22. OLD ROBSTOWN & UP RIVER RDS. PLATO 23. TANCAHUA & KINNEY KIRBY CLEANERS 24. MORGAN & BROWNLEiE GULF PLUMBING 25. THIRD & HOOCK GULF PLUMBING ELI A9RAMB COURTESY ADVERTISING COMPANY 642 Hoffman Street • Phone TE 5 -7173 • Corpus Christi, Texas LOCATION ADVERTISER 26. MORGAN & THIRD GULF PLUMBING 27. MORGAN ZWMIZ FOURTEENTH GULF PLUMBING 28. STAPLES & FIFTEENTH GULF PLUMBING 29. AYERS & SIXTEENTH GULF PLUMBING 30. AYERS & TARLTON GULF PLUMBING 31. PRESCOTT & HEINLY GULF PLUMBING 32. AGNES & BROWNLEE GULF PLUMBING 35. BROADWAY & KINNIEY GULF PLUMBING 34. AGNES & STAPLES GULF PLUMBING 35. PORT & BUFORD GULF PLUMBING 36. STAPLES & HANCOCK GULF PLUMBING 37. OLD ROBSTOWN RD. & PALM COURT GULF PLUMBING 38. SHELL ROAD & COUNTRY CLUB PLACE GULF PLUMBING 39. ALAMEDA & CLIFFORD SHOWROOM 40. ALAMEDA & CHAMBERLAT SHOWROOM 41. ALAMEDA & MINNESOATA SHOWROOM 42. ALAMEDA & DRISCOLL FOUNDATION SHOWROOM 43• AYERS & TARLTON SHOWROOM 44. KOSTORYL & NORTON SHOWROOM 45. NORTON & MARYLAND SHOWROOM 46. PORT & MORGAN SHOWROOM 47. STAPLES & BUCCANEER GARDENS SHOWROOM 48. STAPLES & CRAIG SHOWROOM 49. THIRD & BOOTY SHOWROOM 50. CHAPARRAL & PEOPLES SHOWROOM ELI ABRAMS COURTESY ADVERTISING COMPANY 642 Hoffman Street • Phone TE 5.7173 • Corpus Christi, Texas IACAMN AuVEHTISER 51. LEOPARD & CARANCAHIIA SHOWROOM 52. LEOPARD &PORT SHOWROOM 53. LEOPARD & PALM DRIVES SHOWROOM 54, LEOPARD & BROWNLEE SHOWROOM 55. MESQUITE & LAWRENCE SHOWROOM 56. MESQUITE & PEOPLES SHOWROOM 57. CHAPARRAL & LAWRENCE SHOWROOM 58. AYERS & EVURTEENTH SHOWROOM 60. STAPLES & CLIFFORD (POST OFFICE) SHOWROOM 61. LEOPARD & CAF2 cAHuA PARR BRICK 62. ZXKXM CHAPARRAL & WILLIAMS PARR BRICK 63. CHAPARRAL & STARR PARR BRICK 64. WILLIAMS & CHAPARRAL NUECES TRANS. 65. MESQUITE & STARR NUECES TRANS: 66. LEOPARD & CARANCA;HIIA, NUECES TRANS: 67. MORGAN & KOKERNUT HENNESSY SCHOOL 68. MORGAN & SARITA HENNESSY SCHOOL 69. AYERS & BALDWIN WEST. PRESBY. CHURCH 70. STAPLES & ANNAPOLIS WEST. PRESBY. CHURCH 71. STAPLES & SIXTEENTH WEST. PRESBY. CHURCH 72. SWANTNER & STAPLES WEST. PRESBY CHURCH 73. MORGAN & ELIZABETH BLANK 74. THIRD & BOOTY BLANK 75. WATER & MARKET (NORTH BEACH) BLANK COURTE SY ELI ABRAMS ADVERTISING COMPANY 642 Hoffman Street • Phone TE 5.7173 • Corpus Christi, Texas LOCATION ADVERTISER 76. WATER & BENNETT (NORTH BEACH) RHODES 77. AYERS & KOSAR RHODES 78. AYERS & ROOSEVELT RHODES 79. AYERS & BROWNLEE RHODES 80. MORGAN & NIAGARA,. RHODES 81. BUFFALO & UPPER BROADWAY 9.W. C(lt RHODES 82. STAPLES & PARS. RHODES 83. CHAPARRAL & PEOPLES RHODES 84. CHAPARRAL & TAYLOR RHODES 85. LEOPARD & PORT RHODES 86. AYERS & HORNE ROAD BLANK 87. STAPLES & BUFORD BLANK 88. AYERS & PORT LICHTENSTEINtS 89. AVERS & WATSON LIGHTENSTEINIS 90. AYERS & SOUTH GATE LICHTENSTEINtS 91. AYERS & EIGHTEENTH S.W. LICHTENSTEINtS 92. AYE & EIGHTEENTH N.E. L'ICHETENSTEINIS 93. AYERS & SEVENTEENTH LIGHTENETEIN &S 94, STAPLES & ANNA,POLIS LICHTENSTEINtS 95. STAPLES & EIGHTEENTH LIGHTENSTEINtS 96. STAPLES & BROWNLEE LICHTENSTEINtS 97. STAPLES & MORGAN LICHTENSTEINtS 98. STAPLES & 101M LICHTENSTEINtS 99. STAPLB5 & COMMANCBE EICHTENSTEIN t S 100. COMMANCHE & STAPLES IJUECES TRANS. ELI ABRAMS COURTESY ADVERTISING C D M PANY 642 Hoffman Street . Phone TE 5.7173 a Corpus Christi, Texas LOCATION ADVERTISER 101. ALAMEDA & MC CLENDON LICHTENSTEINIS 102. ALAKEDA & GLAZEBROOK LIGHTENSTEINIS 103. PORT & PRESA LIGHTENSTEINIS 104. PORT & BALDWIN BLVD. LICHETNSTEINIS 105. PORT & AGNES LICHTENSTEINIS 106. LIM & BUCCANEER STADIUM LICHTENSTEIN'S 107. PORT & ANTELOPE LICHTENSTEINIS 108. PORT & BUFFALO LICHTENSTEINS 109. MORGAN & BROWNLEE LICHTENSTEINIS 110. MORGAN & NINETEENTH LIGHTENSTEINS 111. KOKERNUT & MEMORIAL HOSPITAL LICHTENSTEIN'S 112. LEOPARD & UPPER BROADWAY LICHTENSTEINS 113. LEOPARD & GARANCAHUA LICHTENSTEINIS 114. LEOPARD & STILLMAN LICHTENSTEIN'S 115. LEOPARD & NUEGES BAY BLVD. LIGHTENSTEINS. 116. SANTA FE & BOOTY LICHTENSTEIN'S 117. THIRD & BOOTY LICHTENSTEIN'S 1181 CARANCAHUA & KINNEY LICHTENSTEINIS 119. TAN04ffUA & KINNEY LICHTENSTEIN'S 120• BROWNLEE & AGNES LICHTENSTEINIS 121. BROWNLEE & LEOPARD LICHTENSTEINIS 1226 BROWNLEE & COMMANCHE LICHTENSTEINIS 123. OCEAN DRIVE & ALAMEUA LICHTa' STBINIS 124. LEOPP.RD & WESTGHESTER PLACE LICHTENSTEINIS 125. MESQUITE & SCHATZEL LIGHTENSTEINIS COURTESY ELI ABRAMS ADVERTISING COMPANY 642 Hoffman Street • Phone TE 5.7173 • Corpus Christi, Texas LOCATON ADVERTISER 126. WATER & LAURENCE LICHTENSTEINtS 127. MESQUITE & LAGUNA LICHTENSTEINtS 128. WINNEBAGO & HOUSING PROJECT LICHTENSTEINtS 129. ALAMEDA & DRISCOLL FOUNDATION LICHTENSTEINtS 130. CUIPER & BROOKS BUTTERKRUST 131. AYERS & CUIPER BUTTERKRUST 132. AYERS & HORNE ROAD BUTTERKRUST 133. AYERS & RICHARD BUTTERKRUST 134. AYERS & BLEVINS BUTTERKRUST 135. AYERS & FOURTEENTH BUTTI�RKRUST 136. BALDWIN & PRESCOTT BUTTERKRUST 137. AYERS & STAPLES BUTTAMUST 138. ALAMEDA & HARRISON BUTTERKRUST 139. ALAMEDA & MINNESOTA BUTTERKRUST 140. ALAMEDA & DODDRIDGE BUTTERKRUST 141. ALAMEDA & EVERHART BUTTERKMUST 142. "FDA & ROBERT BUTTERKRUST 143. ALAMEDA, & SHEERIDAN BUTTERKRUST 144. STAPLES & CAMPBELL BUTTERKRUST 145. STAPLES & CARROLL LANE BUTTERKRUST 146. STAPLES & MC CLENFJON BUTTERKRUST 147. STAPLES & CHAMBERLAIN BUTTERKRUST 148. STAPLES & SORTiELL BUTTERKRUST 149. STAPLES & EVERHgRT BUTTERKRUST 150. STAPLES & COTT BUTTERKRUST E COURTESY LI ABRAMS ADVERTISING C D M PANY 642 Hoffman Street . Phone TE S -7173 • Corpus Christi, Texas LOCATION ADVERTISER 101. STAPLES & SWANTNER BUTTERKRUST 152. SWANTNER & INDIANA BUTTERKRUST 153. STAPLES & NAPLES BUTTERKRUST 154. STAPLES & COLE BUTTERKRUST 155. STAPLES & TENTH BUTTERKRUST 156. SANTA FE & MINNESOTA BUTTERK &UST 157, SANTA FE & TEXAS BUTTERKRUST 158. SANTA FE & BOOTY BUTTERKRUST 159. THIRD & ELIZABETH BUTTERKRUST 160, CARANCA,HUA & KINNEY BUTTERKRUST 161. STAPLES & MORGAN BUTTERKRUST 162* STAPLES & CRAIG BUTTERKRUST 163. STAPLES & BUFFORD BUTTERKRUST 164. MORGAN & BROWNLEE S.E. BUTTERKRUST 165. MORGAN & BROuWNIM N.E. BUTTERKRUST 1660 MORGAN & FIFTEENTH BUTTERKRUST 167. MORGAN & EIGHTEENTH N.E BUTTERKRUST 168, MORGAN & EIGHTEENTH S.W. BUTTERKRUST 1690 MORGAN & SARITA BUTTERKRUST 170. MORGAN & HEADLY BUTTERKRUST 171. MORGAN & BALDWIN BLVD, BUTTERKRUST 172. MORGAN & ELGIN BUTTERKRUST 173. MORGAN& VIRGINIA BUTTERKRUST 174. NINETEENTH & COLEMAN BUTTERKRUST 175. NINETEENTH & AGNES BUTTERKRUST COURTESY ELI ABRAMS ADVERTISING CD MPANY 642 Hoffman Street • Phone TE S -7173 • Corpus Christi, Texas LOCATION ADVERTISER 176. NINETEENTH & COM.ANCHE BUTTERKRUST 177, BROWNLEE & ELEVENTH BUTTERKRUST 178. BROWNLEE & AGNES BUTTERKRUST 179. BROWNLEE & MUSSETT BUTTERKRUST 180. BROWNLEE & COMMANCHE BUTTMUMUST 181, NORTON & MARYLAND BUTTERKRUST 182. KOSTURYZ & SUNNYBROCK BUTTERKRUST 183. KOSTORYZ & MANSHEIM BUTTERKRUST 184. FORT & PRESCOTT BUTTERKRUST 185. PORT & BALDWIN BLVD. BUTTERKRUST 186, BALDWIN BLVD. & RABBIT RUN BUTTERKRUST 187. PORT & RUTH BUTTERSRUST 188. PORT & HIGHLAND BUTTERKRUST 189• PORT & AGNES BUTTERKRUST 190. WATER & ELM ( NORTH BEACH) BUTTERKRUST 191, N. TANCAHUA & WINNEBAGO BUTTERKRUST 192, SAM RANKIN & WINNEBAGO BUTTERKRUST 193. SAM RANKIN & LAKE BUTTERMIUST 194• LEOPARD & UPPER BROADWAY BUTTERKRUST 195 LEOPARD & BROWNLEE BUTTERKRUST 196. LEOPARD & DOSS BUTTERKRUST 197. FORT & LIPAN BUTTERKRUST 198. LEOPARD & PORT BUTTERKRUST 199. LEOPARD & LEXINGTON BUTTERKRUST 200• LEOPARD & PEABODY BUTTERKRUST .l ELI ABRAMS COURTESY ADVERTISING COMPANY 642 Hoffman Street . Phone TE 5.7173 • Corpus Christi, Texas LOGATION ADVERTISER 201. LEOPARD & PALM DRIVE BUTTERKRUST 202. LEOPARD & NUECES BAY BLVD. BUTTERKRUST 203. ANTELOPE & PEABODY BUTTERKRUST 204. BUF'F'ALO & PEABODY BUTTERKRUST 205. LEOPARD & LAURENCE DRIVE. BUTTERKRUST 206. LAWRENCE & NUECES BAY BLVD, BUTTERKRUST 207. LAWRENCE & BAYMOOR BUTTERKRUST 208. SIWAY NMNE & OLIVER COURT BUTTERKRUST 2096 HIWAY NINE & OMAHA BUTTERKRUST 210. UP RIVER & OLD ROBSTld1WN RDS. N.E. BUTTERKRUST 211. UP RIVER & OLD ROBSTOWN RDS, S.W. BUTTERKRUST 212. OLD ROBSTOWN RD. & COLONIAL BUTTERKRUST 2136 SHELL tiOAD & OMAHA BUTTERKRUST 214. SHELL ROAD & POTH LANE BUTTERKRUST 215. AIRLINE & MC ARDLE BUTTERKRUST 216. ]MINXIM EVERWT & HOLLY BUTTERKRUST 217. STAPLES & LEOPARD BUTTERKRUST 218. PORT & COMILOCHE BLANK 94. MESQUITE & LAGUNA, NUECES TRANS. 220. MESQUITE & PEOPLES NUESCES TRANS. 2216 PEOPLES & CHAPARRAII NUECES TRANS. 22.2. AGNES & NINETEENTH BLANK 993. TIMON & ANNIE ( NORTH BEACH) NUECES TRANS. 224. 225. ELI ABRAM8 COURTESY ADVERTISING COMPANY 642 Hoffman Street • phone TE5 -7173 • Corpus Christi, Texas June 7, 1956 City Secretary of Corpus Christi, Texas, City Hall, Corjlus Christi, Texas, Res Bus Bench Franchise of Eli Abrams d /b /a Courtesy Advertising Co. Lear Sir; Whereas the City Council of the City of Corpus Christi, Texas has at three separate readings heard and approved an ordinance granting a franchise for five years to maintain benches at various locations about the city; and 44hereas the grantee, Eli Abrams, is fully in accord with all the provisions of said ordinance; Now, therefore, you are advised that the said grantee hereby accepts the provisions of said ordinance as passed by the City Council. � L ?�� Eli Abrams d /b /a/ Courtesy Advertising Co. PROVISIONS —PART 1 OF OWNERS', LANDLORDS' AND TENANTS' LIABILITY POLICY premi um srarea in me aemaraTlons tor alylSIOTIS J and 4 Of the coition of Hazards, and for such classifications in division 1 for ich the premium basis is stated as "admissions," "receipts" or nits" are estimated premiums only. Upon termination of this polity, earned premium for these hazards shall be computed in accordance h the company's rules, rates, rating plans, premiums and minimum !miums applicable to this insurance. If the earned premium thus mputed exceeds the estimated advance premium paid, the named ured shall pay the excess to the company; if less, the company shall rn to the named insured the unearned portion paid by such in- ,ed. The named insured shall maintain for the aforesaid hazards :ords of the information necessary for premium computation on the ,is stated in the declarations- and shall send copies of such records the company at the end of the policy period and at such times -ig the policy period as the company may direct. "Old nvd Triad" Organized 1949 VJ* &W INSURANCE COMPANY Glens Falls, N. Y. This is 'Go certify that this form is a true c�c exact copy of Policy OL2 1 -65 —Jo GLEANS FALIL INSURANCE COI�IPAIITY Trazevan ochran, PIgrs, BY GLENS FALLS INSURANCE COMPANY GLENS FALLS, NEW YORK (A stock insurance company, herein called 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 1. Coverage A— Bodily Injury Liability: To pay on behalf of the insured ing of tf.is paragraph: (a) pick -up or delivery, except from or onto all sums which the insured shall become legally obligated to pay as a railroad car, (b) the maintenance of vehicles owned or used by damages because of bodily injury, sickness or disease, including death or in behalf of the insured, (c) the existence of tools, uninstalled at any time resulting therefrom, sustained by any person, caused by equipment and abandoned or unused materials and (d) operations accident and arising out of the hazards hereinafter defined. for which the classification stated in division 1 of Item 3 of the Coverage B— Property Damage Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the hazards hereinafter defined. DEFINITION OF HAZARDS Division 1— Premises — Operations: The ownership, main- tenance or use of the premises, and all operations necessary or incidental thereto. Division 2— Elevators: The ownership, maintenance or use of any elevator designated in the declarations. Division 3— Structural Alterafions, New Construction: Structural alterations which involve changing the size of build- ings or other structures and new construction, if the accident occurs in the course of such operations at the premises by the named insured or his contractors or their subcontractors. Division 4— Products— Completed Operations: (1) Goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, if the accident occurs after possession of such goods or products has been re- linquished to others by the named insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on prem- ises for which the classification stated in division 1 of Item 3 of the declarations excludes any part of the foregoing; provided, such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been completed or abandoned and occurs away from prem- ises owned, rented or controlled by the named insured; provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the fol- lowing shall not be deemed to be "operations" within the mean- declarations specifically includes completed operations. Coverage C— Medical Payments: To pay all reasonable expenses in- curred within one year from the date of accident for necessary medical, surgical and dental services, including prosthetic devices, and neces- sary ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident and arising out of the ownership, maintenance or use of the premises, or operations necessary or incidental thereto. II. Defense, Settlement, Supplementary Payments: With respect to such insurance as is afforded by this policy for bodily injury liability and for property damage liability, the company shall: (a) defend any suit against the insured alleging such injury, sick- ness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and set- tlement of any claim or suit as it deems expedient; (b)() )pay al I premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (2)pay all expenses incurred by the company, all costs taxed against the insured in any such 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; (3)pay expenses incurred by the insured for such immediate med- ical and surgical relief to others as shall be, imperative at the time of the accident; Wreimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts so incurred, except settlements of claims and suits, are payable by the company in addition to the applicable Ilmit of liability of this policy. Ill. Definition of Insured: With respect to the insurance under coverages A and B the unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting wJthin the scope of his duties as such, and any organization or proprietor with respect to real estate management for the named insured. If the named insured is a part - -hip, the unqualified word "insured" also includes any partner therein but only with respect to his liability as such. IV. Insurance for Newly Acquired Premises, Elevators and Other Hazards: Such insurance as is afforded under division 1 of the Definition of Hazards and under coverage C applies to premises, draft or saddle animals, vehicles for use therewith, and vehicles from which merchandise is sold, if the named insured acquires ownership or control thereof. Such insurance as is or can be afforded under division 2 and under coverage C applies to elevators newly installed at the premises and to elevators at such other premises. Such in- surance as is or can be afforded under division 3, applies at such premises. This insuring agreement does not apply: (a) unless the named in- sured notifies the company within thirty days after the commencement of each such additional hazard to which he wishes the insurance to apply; (b) to any loss against which the named insured has other valid and collectible insurance. gate .limit is so stated, the aggregate limit shall be the minimum aggregate limit in the company's manual corresponding to the "each accident" limit stated in the declarations. V. Incidental Written Agreements: Exclusion (d) does not apply to the following types of written agreements relating to the premises: (a) any easement agreement, except in connection with a railroad grade crossing, or (b) any agreement required by municipal ordinance, except in connection with work for the municipality. Exclusions (a), (c) (2) and (j) do not apply to liability assumed under such agreements. If, with respect to this insuring agreement, more than one division of the Definition of Hazards applies, the limits of liability applicable to this insuring agreement shall be the highest limits of liability as stated in the declarations for any one of divisions 1, 2 and 3. VI. Alienated Premises: Such insurance as is afforded by this policy under division I of the Definition of Hazards applies to premises alienated by the named insured, if the accident occurs after the named insured has relinquished possession thereof to others. This insuring agreement does not apply to premises constructed for sale by the named insured or over which the named insured has any right of control. This insuring agreement applies only under the coverages for which VII, Policy Period, Territory: This policy applies only to accidents this policy already affords insurance and then applies subject to the which occur during the policy period within the United States of limjts of liability stated in the declarations but, if no applicable aggre- America, its territories or possessions, or Canada. EXCLI M IANS This policy does not apply: (a) under division 1 of the Definition of Hazards, and under divi- sion 3 except for operations performed by independent contractors, and under coverage C, to the ownership, maintenance, operation, use, load- ing or unloading of (1) automobiles if the accident occurs away from the premises, (2) draft or saddle animals, vehicles for use therewith, vehicles from which merchandise is sold or watercraft, if the accident occurs away from the premises, except insofar as this part of this ex- clusion is stated in the declarations to be inapplicable, or (3) aircraft; (b) under division 1 of the Definition of Hazards, to elevators; (c) under division 1 of the Definition of Hazards, and under cov- erage C, to (1) structural alterations which involve changing the size of or moving buildings or other structures, new construction or demo- lition operations, by the named insured or his contractors or their subcontractors, (2) the Products — Completed Operations Hazard, or (3) operations on or from premises, other than as defined, which are owned by, rented to or controlled by the named insured; (d) under divisions 1, 2 and 3 of the Definition of Hazards, liability assumed by the insured under any contract or agreement; (e) under division 4 of the Definition of Hazards, to liability as- sumed by the insured under any contract or agreement except a war- ranty of goods or products; (f) under Insuring Agreement V, to (I ) a warranty of goods or products, or (2) any obligation for which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; (g) to injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with re- spect to (1) liability assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II(b) (3) or under coverage C; or use of any alcoholic beverage and, under coverage C, to any expense resulting from such sale, gift, distribution or use; (i) under coverage A, 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 law; . (j) under coverage A, to bodily injury to or sickness, disease ar death of any employee of the insured arising out of and in the course of his employment by the insured; (kl under coverage B, to injury to or destruction of (1) property owned or occupied by or rented to the insured, or (2) except with respect to liability under sidetrack agreements covered by this policy, property used by the insured, or (3) except with respect to liability under such sidetrack agreements or the use of elevators, property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control, or (4) any goods, products or containers thereof manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by or for the named insured, vut of which the accident arises; (1) under coverage B, with respect to division 1 of the Definition of Hazards, and under division 3 except with respect to operations performed by independent contractors, to any of the following insofar as any of them occur on or from premises owned by or rented to the named insured and injure or destroy buildings or property therein and are not due to fire: (1 ) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, standpipes for fire hose, or industrial or domestic appliances, of any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; (m) under coverage C, to bodily injury to or sickness, disease or death of -(1) the named insured, any partner therein, any tenant or other person regularly residing on premises owned by or rented to the named insured, or any employee of such insured, tenant or other per- son arising out of and in the course of his employment therewith, or (2) any other tenant of such premises, or any employee of such other tenant arising out of and in the course of his employment therewith, on that part of such premises rented to such other tenant, or (3) any person arising out of and in the course of his employment if benefits therefor are in whole or in part either payable or required to be pro- vided under any workmen's compensation law; or (4) any person while engaged in maintenance, alteration, demolition or new construction operations for the named insured or for any lessee of the named in- sured or any lessor of premises rented to the named insured, or (5) any person practicing, instructing or participating in any physical train- ing, sport, athletic activity or contest; (h) under coverages A and B, to liability imposed upon the insured (n) under coverage C, to (1) elevators, unless medical payments or any indemnitee, as a person or organization engaged in the for elevators is stated in the declarations as included, or (2) any ex- business of manufacturing, selling or distributing alcoholic beverages, pense for services by the named insured, any employee thereof, or any or as an owner or lessor of premises used for such purposes, by reason person or organization under contract to the named insured to provide of any statute or ordinance pertaining to the sale, gift, distribution such services. f CONDITIONS 1. Premium: The premium bases and rates for the hazards described in the declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the manuals in use by the company. The premium stated in the declarations for divisions 3 and 4 of the Definition of Hazards, and for such classifications in division 1 for which the premium basis is stated as "admissions," "receipts' or "units" are estimated premiums only. Upon termination of this policy, the earned premium for these hazards shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid by such in- sured. The named insured shall maintain for the aforesaid hazards records of the information necessary for premium computation on the basis stated in the declarations 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. When used as a premium basis: r (I) the word "admissions" means the total number of persons, other than employees of the named insured, admitted to the event in- sured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; (2) the word "cost" means the total cost to the named insured under division 3 of the Definition of Hazards, of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or sub - contractor, including all fees, allowances, bonuses or commissions made, paid or due; (3) the word "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pic- tures, and includes taxes, other than taxes which the named in- sured collects as a separate item and remits directly to a govern- mental division; (4) the word "remuneration" means the entire remuneration earned during the policy period by all employees of the named insured engaged in the operations, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; - (5) the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named in- sured and such others collect as a separate item and remit directly to a governmental division. 2. Inspection and Audit: The company shall be permitted to inspect the insured premises, operations and elevators and to examine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance. 3. Definitions: (a) Premises. The unqualified word "premises" means the premises designated in the declarations and includes the ways immediately adjoining on land. (b) Elevator. The word "elevator" means any hoisting or lowering device to connect floors or landings at the premises, unless the named insured owns, rents or controls only a part of the building and does not operate, maintain or control the elevator, whether or not such device is in service, and all appliances thereof, includ- ing any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery. "Elevator" does not include 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. (c) Automobile. The word "automobile' means a land motor vehicle, trailer or semitrailer, provided: (1) The following described equipment shall be deemed an automobile while towed by or carried on an automobile not so described, but not otherwise: if of the crawler -type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any concrete mixer other than of the mix- in-transit type; any grader, scraper, roller or farm implement; and, if not subject to motor vehicle registration, any other equipment not specified in (2) below, which is designed for use principally off public roads. (2) The following described equipment shall be deemed an automobile while towed by or carried on an automobile as above defined solely for purposes of transportation or while being operated solely for locomotion, but not otherwise: If of the non - crawler type, any power crane or shovel, ditch or trench digger; and any air - compressing, building or vacuum cleaning, spraying or welding equipment or well drilling machinery. (d) Assault and Battery. Under coverages A and B, assault and bat- tery shall be deemed an accident unless committed by or at the direction of the insured. 4. Limits of Liability— Coverage A: The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by one person as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, in- cluding death at any time resulting therefrom, sustained by two or more persons as the result of any one accident. 5. Limit of Liability— Coverage B: The limit of property damage liability stated in the declarations as applicable to "each accident" is the total limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one accident. 6. Limits of Liability— Coverages A and B. Subject to the limit of liability with respect to "each accident," the limit of liability, if any, stated In the declarations as "aggregate" is the total limit of the company's liability for the division of hazards, and under the coverage, for which said limit is stated. Under division 4 of the Definition of Hazards all damages arising out of one lot of goods or products prepared or acquired by the named insured or by another trading under his name shall be considered as arising out of one accident. The insurance afforded by this policy under division 2 of the Defi- nition of Hazards applies separately to each elevator. 7. Limits of Liability— Coverage C: The limit of liability for medical payments stated in the declarations as applicable to "each person" is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" 's, subject to the above provision respecting each person, the total limit of the company's liability for all expenses incurred by or on behalf of two or more persons who sustain bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident, B. Severability of Interests -- Coverages A and B: The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. 9. Notice of Accident: When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtain- able information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses. 10. Notice of Claim or Suit— Coverages A and B: If 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. 11. Assistance and Cooperation of the Insured— Coverages A and B: The insured shall cooperate with the company and, upon the com- pany's request, shall attend hearings and trials and'shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such im- mediate medical and surgical relief to others as shall be imperative at the time of accident. 12. Medical Reports; Proof and Payment of Claim— Coverage C: As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain 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 organ- ization rendering the services and such payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute admission of liability of the insured or, except here- under, of the company. 13. Action Against Company— Coverages A and 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 thereof who has secured such judgment or written agreement shall thereafter 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 company as a co- defendant in any action against the insured to determine 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 hereunder. 14. Action Against Company— Coverage C: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until thirty days after the required proofs of claim have been filed with the company. 15. Other Insurance— Coverages A and B: If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible, insurance against such loss. 16. Subrogation— Coverages A and B: In the event of any payment under this policy, the company shall be subrogated to all the in- sured's rights of recovery therefor against any person or organization 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. 17. Three Year Policy: A policy period of three years is comprised of three consecutive annual periods. Computation and adjustment of earned premium shall be made at the end of each annual period. Aggregate limits of liability as stated in this policy shall apply separately to each annual period. 18. 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. 19. 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, this policy shall cover the named insured's legal representative as named insured; provided that notice of cancel - ation addressed to the insured named in the declarations and mailed to the address shown in this policy shall be sufficient notice to effect cancelation of this policy. 20. Cancelation: 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 com- pany 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 be 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 end of the policy period. Delivery of such written notice either by the named insured or by the company shall be 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 company cancels, earned premium shall be computed pro rata, Premium adjustment may be made either at the time cancelation i effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is not a condition of cancelation. 21. 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 agents relating to this insurance. In witness whereof, the Glens Falls Insurance Company has caused this policy to be signed by its president and,a secretary at Glens Falls, N. Y., and countersigned on the declarations page by a duly authorized representative of the company. PREarH;RT JP6168 -X -E _- VICE RRESI DENT— SECRETARY ' ENDORSEMENT/{1 oLT 16590 _ Effective from.. -_ -.. March 21 19.....6. .Forming part of Policy No.-- ...-.--...- -- - . --_ - - , -----.-, � F Courtsey Advertising Company 2:ol A. M. STANDARD TIME) Issued to-- --- - - ................ ...... Glens Falls Insurance . ............ .................. .................... by the ................... ...- - -- ---.................. ................ -- Additional Insured [Designated Premises Only) , Glens Palls, N. Y. In consideration of an additional premium of $9.79 Incl. (7.30 BI & 2.49 PD, it is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability applies, subject to the following provision: The unqualified word "insured" herever used in the policy also includes -'the perSpn or organization named below but only with respect to the. ownership, maintenance or use of the premises designated below and operations necessary or incidental thereto. Named of Person or Organization Location of Premises City of Corpus Christi, Texas 225 Street Benches and 24 Refuse Receptacles located within the City of Corpus Christi,Tex This endorsement is subject to all the terms, conditions and exclusions of the policy and its endorsements which are not inconsistent herewith. Countersigned by: PRES�DENr Form11552 (5) ,.... ............ .................................................................... .............. ................. Authorized Agent U 7 6580 Policy No. EXTENSION SCHEDULE OLT, MC, LCG Form L616385 Item 3_ Advance Premiums Coverage A Coverage B Rates Coverage A Coverage B Premium Bases Code No. Description of Hazards The rating classifitatlons do not modify the exclusions o other terms of this policy. ` lal Per tpp 5q, Ibl Per Linear Ft. of Area Foot la) Area 15q. Ft.) Ibl Frontage Promises—Operations Purposes of Uae 1 c) Per $ 100 tion of Remunera- (cl Remuneration Street Benches and Receptacles use( Idl Per 5100 of Receipts ldl Receipfs (el Units or advertising fated as: lei Per Unit M Per 100 Admissions III Admissions 93.30 33.90 .300 .109 e) 311 01- Benches - street - existence hazard only. 8.66 .62 .226 .0161; e) 36 305- Refuse Receptacles Benches and Receptacles are locates as follows (all locations in Texas, City Benches Receptacle: Victoria 22 Refugio 6 Taft 2 Sinton 11, Corpus Christi 225 24 Raymondville 2 Harlingen 6 San Benito 1 Brownsville 6 McAllen 6 Pharr l Edinburg 2 Rockport 3 Beeville 6 Kingsville o Robstown 14 Alice 6 Aransas Pass 2 6 311 3b 11ri PART 2 this Declarations page, with "POLICY PROVISIONS —PART I," and endorsements, if amr, issued to form • part thereof, completes the below numbered OWNERS', LANDLORDS' AND TENANTS' LIABILITY POLICY SOLT 17 56 GLENS FALLS INSURANCE COMPANY RENEWAL OF NUMBER A Stock Company lt�.65 -90 Policy Nor OLT etc}`' DECLARATIONS Eli Abraris dba CoUrt Sey Adtiertl Sii -iJ <--Item I. Name of Insured and Address: Company 642 Hofzrian Street No. Street Corpus Christi, Te,ias Town or City, County, State SaYie Location of premises. 11T11 �,t ,tor — �a ueaxe eessecE] TE—T Entlre Interest of and part occupied aby named insured r. as aeovc •aoaess oddcF aA.,acr.I Co..) Trezevant & Cochran - Dallas Office and Agent Code, and Office or General Agent Name Agent, Sub -Agent or Broker From Ernest bouys Comp liy, Corpus Chr1S tl,ltem 2, Policy Period:.f` tO'e nemeG stanudar es eat therednress To -21 -5n 3 -21 -57 Te „as Adir@rt13-11 Business of the named insured is Item 3. The insurance affdt�ded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage and division shall be as stated herein, subject to all the terms of this nolicv havinn rofara. thoror.. Coverage A Bodily Injury Liability Coverage B Property Damage Liability Coverage C Medical Payments Limits of Liability $ $ blot each person $ $ $ - each accident I aPPlies to Div. q only $ lapplies to (), s 3 G a aggregate Premiums Bodily Property Rates Bodily Property Premium Bases Code Description of Hazards Injury Dama a In'ur Damage No. The rating classifications do oY modif the exclusions o other e s( th1 I c r Division 1. Premises — Operations Purposes of Use 101.50 3'! .52 See EXteiisioia Schedule attac'rieC T.30 2r4> See Endorsement =1 attached I Per 100 Sq. I'L of Area lal Area (Sq. Ft., Ibl Per Linear FOOL Ibl Frontage Icl Per$IOOaf Remunera- IcI Remuneration do Idl Per $100 of Receipts Id1 Receipts Iel Per Unit Ifl Per 100 Admssion s Iel Units Ifl Admission Per Elevator Number Insured Division 2. Elevators 1,) Per $100 of Remunera Remuneration Division 3. Structural Alterations, New Construction 'ion Ibl Per $100 of Cost Ibl Cost Per $1,000 of sales Sales Division 4. Products — Completed Operations $ 1 G (-' l7 $ 3 7 0 1 Total 6. I. and P. D. Premiums For Numbers of Endorsements Attached to Policy at issue: End. �l $ Premium for Medical Payments: Premises —O erations $ Premium for Medical Payments: Elevators $ Total Premium If Policy Perod more than one year: Premium is payable: On effective date 1st Anniversary 2nd anniversary Item 4. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein;* Countersigned: Absence of an entry means "NO Exceptions. "' By 1DL6168-X -E Authorized Representative r i� .4i0n RENT- A-CAR, Inc. PHIL RIDGEWAY, Manager Office in: San Antonio, Texas Harlingen, Texas September 20, 1956 City Secretary City of Corpus Christi City Hall Corpus Christi, Texas Dear Sir: Dial 4 -9433 r 510 North Water Street Corpus Christi, Texas In accordance with the provisions of that certain franchise dated August 8, 1956, whereby the City of Corpus Christi granted to Mission Rent- A-Car, Inc. the right and franchise to operate driverless automobiles within the city Limits, this letter will constitute our acceptance of such franchise effective this date. By the acceptance of this franchise we do relin- quish and surrender our original franchise dated June 9, 1954. Sincerely, MISSION RENT- A-CAR, INC. .. _� B � President AIRPORT OFFICE, CLIFF MAUS FIELD ... CUDDIRY FIELD �i Septesaber 10, 1956 Rear Admiral R. S. Clarke Naval Air Advanced Training Command United States Naval Air Station Corpus Chriati, Texas Near Adartral Clarke% Under date of April 23, 1956, Firs Fighting Agreeaents in triplicate between the United States Navy and the City of Corpus Christi were forwarded to you for exeou- tion. 1 do not find where we have received an executed copy for our, files. Will you kindly advise. Very tru3,y yours, T. Ray &ring City SecreW7 TRBtjb F CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS April 23s 1956 16: o Rear AdmUsl R. s. CUrke Hava1 Air Adumnoed Training Caaeamd Dk ted 8tatea 1131►r.1 Air Station Carpuo Christi, Texas Dear AdmLml Clarke, Firs FlabUM Agee vents in triplicate U*A*u the thritod 5tatoa N&V sad the City Of Ccrpua Christi reemived for ttr, ttae11 I- ticC =Wo City ti mor# with your letter of April 39 1956# have teen executed and arm enaiceed for yaw ow"UtIoU Yoar rstwming cm OOW to this office when eawleted will be aPPrealated. very truly , T. PAY MKM City - gftretary TM ja � ii J; IN RE—Y N17 for PEACE REFER TO IF O MIr1- ADDRESS NAVAL AIR ADVANCED TRAINING COMMAND AT cxiEV Or x'v: n ryL •ov. xceo HEADQUARTERS SAVINGS UNITED STATES NAVAL AIR STATION BONDS Serial: 07 —,_ CORPUS CHRISTI. TEXAS PR q IT% Mr. Russell E. McClure City Manager City of Corpus Christi Corpus Christi, Texas Dear Mr. McClure: Public Law 46, 84th Congress, Chapter 105, 1st Session (S.1006), approved May 2'7, 1955, and supplementing Navy directives make it desirable to cancel our old mutual aid fire fighting agreement entered into between the City of Corpus Christi, the Commanding Officer, U. S. Naval Air Station, Corpus Christi, and the Commanding Officer, U. S. Naval Auxiliary Air Station, Cabaniss Field, Corpus Christi, on June 14, 1949. The pertinent sections of Public Law 46 necessitating a revision of our present agreement reads as follows: "See. 2(a). Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization main- taining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party. (b) Any agreement heretfore executed viiich would have been authorized by this Act, if this Act had been in effect on the date of execution thereof, is hereby ratified and confirmed. "Sec. 3. In the absence of any agreement authorized or ratified by section 2, each agency head is authorized to render emergency assistance in extinguishing fires and in preserving life and property from fire, within the vicinity of any place at which such agency main- tains fire — protection facilities, when the rendition of such assistance is determined, under regulations prescribed by the agency head, to be in the best interest of the United States. r� �r N17 07 :cg "Sec. 4. Any service performed under section 2 or section 3 of this Act, by any officer or employee of the United States or any member of any armed force of the United States shall constitute service rendered in line of duty in such office, employment, or force. The performance of such service by any other individual shall not constitute such individual an officer or employee of the United States for the purpose of the Federal Employees' Compensation Act, as amended. I have caused a suggested agreement to be prepared seeking to incorporate all the current and applicable provisions of our former agree- ment together with the provisions required and considered desirable under the new law. Copies are attached marked Enclosure (1). It would be appreciated if you .vuld review the proposed agreement and advise me of any suggested comments, deletions or additions which you consider appropriate. Upon receipt of your comments I will have final drafts prepared and forwarded to you for signature. Should the proposed drafts meet with your approval, and should it be the desire of the City to join with us in this mutual undertaking, it is suggested that you execute the original and 3 copies of the agreement. A copy will be returned to you after all parties have signed the same and copies will be forwarded to Commanding Officer, U. S. Naval Air Station, Corpus Christi, and Commanding Officer, U. S. Naval Auxiliary Air Station, Cabaniss Field, Corpus Christi. The original will be retained in the files of this command. Thanking you for your kind attention to this matter and for the many past courtesies and favors extended this Command, I am Very sincerely, R. S. CLARKE Rear Admiral, U. S. Navy i� ,WILSON BUILDING DIAL �T�uu�M- 211}11 September 20, 1956 City Secretary City of 6orpus Christi Gor -,us Christi, Texas Re: Bond #71 66 690 Morris Fair- City Auctioneer Permit Bond Gentlemen: Anniversary date of the above bond is October 5th. The bond is not to be renewed, and we would appreciate your signing the original of the attached letter, and return to us, in order that we may send it to the bonding company for their records. Yours very truly, W. L. ➢INN & COMPANY BY: mw SEP a ��CE1VE0 4 ab S*Tftary �� FOLIO MCLABSOAY. 91ZE STARTING E%PIRING AMOUN- 62022 392 li 5 -5 -56 6-7 -56 152.88 CLASSIFIED INVOICE FROM G PREVIOUy $ACANCE ��1�.Iler -�ime� P. D. BOX 21I8 -1 CORPUS CHRI6T1. TEXAS TOTAL DuYI -. _ s - City of C opus Christii� City Hall City Attn: T. Ray .rir>o J DATE 6 -21 -56 RETURN THIS PORTION WITH REMITTANCE f ST "TEMENT COURTESY ADVERTISING CO. 642 Hoffman Street • Corpus Christi, Texas Phone TE 5 -7173 To The Corpus Christi Caller -Times F.O. sox 2191 Cit in payment your folio # 62022 152.88 Please send receipted duplicate invoic to . City of Corpus Christi City Hall, City Attn: T. nay firing, City Sec June 22, 1956 Mr. Eli Abrams Courtesy Advertising Co. 642 aoffmsn Corpus Christi, Tezua Dear Elis Attached you mill find an invoice is the amount of U52.88 iron the Corpus Christi Caller Time cowering the publica- tion of the franchise conoerning benches in the City. You may either mail. the Caner Times the check direct or ®ail it to us and we will in turn send it to than. Very truly yoass, T. Rain Suing'+ City Secretary TRK=jb �5,�3 INSURANCE COMPANr GI... Fall., N. Y. TEEZEVANT & COCHRAN 1--`- DALLAS. TEXAS JUN 1g�d Ernest Bobys Company Star Building Box 801 CORPUS CHRISTI, TEXAS June 14, 1958 City of Corpus Christi Corpus Christi, Texas Attention: Mr. T. Ray Kring City Secretary Re: Eli Abrams dba Courtesy Advertising Company Glens Falls Insurance Company Policy No. OLT 3 -51 -45 Gentlemen- We are attaching a certified copy of the captioned policy for your file. EEB:m cc Mr. Eli Abrams RecC ,,,U City Secretary UL u- AUTOMOBILE W ATE GLASS PERSONAL ACCIDENT Very truly yours, ERNEST BOBYS COMPANY By ELEVATOR n-.'-.° FIDELITY AND SURETY BONDS BURGLARY AVIATION CONTINGENT LIABILITY GENERAL LIABILITY TEAMS' LIABILITY POLICY PROVISIONS— ' ART 1 OF - - I MANUFACTURERS, AND CONTRACTORS` LIABILITY POLICY Additional Ins (Designated Pr consideration of an additional premiu is agreed that such insurance as is a ury Liability and for Property Damage following provision: The unqualified word "insured" herevE "Old and Tried" Ox nU,d 1849 VJ*&W INSURANCE COMPANY Glens Falls, N. Y. IN EVENT OF LOSS, REMOVAL OR ANY CHANGE NOTIFY US IMMEDIATELY- ERNEST BOBYS COMPANY_ INSURANCE P. 0. 00% 001, — CORPUS ENRISTI, TEX GLENS FALLS INSURANCE COMPANY GLENS FALLS, NEW YORK (A stock Insurance company, herein called 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 1. Coverage A— Bodily Injury 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, sickness or disease, including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the hazards hereinafter defined. Coverage B— Property Damage Liability: To pay on behalf of the insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the hazards hereinafter defined. DEFINITION OF HAZARDS Division 1— Premises— Operations: The ownership, mainte- nance or use of premises, and all operations. Division 2— Elevators: The ownership, maintenance or use of any elevator designated in the declarations. Division 3— Independent Contncton: Operations performed for the named insured by independent contractors and general supervision thereof by the named insured, if the accident occurs in the course of such operations, other than (a) maintenance and repairs at premises owned by or rented to the named insured and (b) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures. Division 4— Products— Completed Operations: (1) Goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, if the accident occurs after possession of such goods or products has been re- linquished to others by the named insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on prem- ises for which the classification stated in division 1 of Item 4 of the declarations excludes any part of the foregoing; provided, such goods or products shall be deemed to include any container thereof, other than a vehicle,, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been completed or abandoned and occurs away from prem- ises owned, rented or controlled by the named insured; provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the fol- lowing shall not be deemed to be "operations" within the mean- ing of this paragraph: (a) pick -up or delivery, except from or onto a railroad car, (b) the maintenance of vehicles owned or used by or in behalf of the insured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) operations for which the classification stated in division 1 of Item 4 of the declarations specifically includes completed operations. Coverage C— Medical Payments: To pay all reasonable expenses in- curred within one year from the date of accident for necessary medical, surgical and dental services, including prosthetic devices, and neces- sary ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident and arising out of the ownership, maintenance or use of premises owned, rented or controlled by the named insured and the ways immediately adjoining on land, or operations of the named insured. II. Defense, Settlement, Supplementary Payments- With respect to such insurance as is afforded by this policy for bodily injury liability and for property damage liability, the company shall: (a) defend any suit against the insured alleging such injury, sick- ness, disease or destruction and seeking damages an account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and set- tlement of any claim or suit as it deems expedient; (b)(1)pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (2)pay all expenses incurred by the company, all costs taxed against the insured in any such 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; (3)pay expenses incurred by the insured for such immediate med- ical and surgical relief to others as shall be imperative at the time of the accident; Wreimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts so incurred, except settlements of claims and suits, are payable by the company in addition to the applicable limit of liability of this policy. Ill. Definition of Insured: With respect to the insurance under cover- ages A and B the unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his duties as such, and any organization or proprietor with "respect to real estate management for the named insured. If the named insured is a partnership, the un- qualified word "insured" also includes any partner therein but only with respect to his liability as such, IV. Insurance for Newly Acquired Elevators: Such insurance as is or can be afforded under division 2 of the Definition of Hazards and under coverage C applies to elevators newly installed at the premises described in the declarations and to elevators at other premises of which the named insured acquires ownership or control. This insuring agreement does not apply: (al unless the named in- sured notifies the company within thirty days after the acquisition of each such elevator to which he wishes the insurance to apply; (b) to any loss against which the named insured has other valid and collectible insurance. This insuring agreement applies only under the coverages for which this policy already affords insurance and then applies subject to the limits of liability stated in the declarations. V. Incidental Written Agreements: Exclusion (d) does not apply to the following types of written agreements•. (a) any easement agreement, except in connection with a railroad grade crossing, or (b) any agree- ment required by municipal ordinance, except in connection with work for the municipality. Exclusions (a), tc)(2) and (k) do not apply to liability assumed under such agreements. If, with respect to this insur- ing agreement, more than one division of the Definition of Hazards applies, the limits of liability applicable to this insuring agreement shall be the highest limits of liability as stated in the declarations for any one of divisions 1, 2 and 3. VI, Policy Period, Territory: This policy applies only to accidents which occur during the policy period within the United States of America, its territories or possessions, or Canada. EXCLUSIONS This policy does not apply: (a) under division 1 of the Definition of Hazards, and under cov- erage C, to the ownership, maintenance, operation, use, loading or unloading of (1) watercraft if the accident occurs away from premises owned by, rented to or controlled by the named insured, except inso- far as this part of this exclusion is stated in the declarations to be inapplicable, (2) automobiles if the accident occurs away from such premises or the ways immediately adjoining, or (3) aircraft; (b) under division I of the Definition of Hazards, to elevators; (c) under division 1 of the Definition of Hazards, and under cov- erage C, to (1) the Independent Contractors Hazard or (2) the Products — Completed Operations Hazard; (d) under divisions 1, 2 and 3 of the Definition of Hazards, to liability assumed by the insured under any contract or agreement; (e) under division 3 of the Definition of Hazards, to any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by inde- pendent contractors; (f) under division d of the Definition of Hazards, to liability as. sumed by the insured under any contract or agreement except a war- ranty of goods or products; (g) under Insuring Agreement V, to ( I 1 a warranty of goods or products, or (2) any obligation for which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; (h) to injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing; with re- spect to (7) liability assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II(b) (3) or under coverage C; lil under coverages,A and B, to liability imposed upon the in- sured or any indemnitee, as a person or organization engaged in the business of manufacturing, selling or distributing alcoholic beverages, or as an owner or lessor of premises used for such purposes, by reason of any statute or ordinance pertaining to the sale, gift, distribution or use of any alcoholic beverage and, under coverage C, to any expense resulting from such sale, gift, distribution or use; (jI under coverage A, 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 law; (k) under coverage A, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment by the insured; 1 under coverage B, to injury to or de- iction of ( I ) property own d or occupied by or rented to the in. ., or (2) except with respect to liability under sidetrack agreements covered by this policy, property used by the insured, or 13) except with respect to liability under such sidetrack agreements or the use of elevators, property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control, or (4) any goods, products or containers thereof manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by or for the named insured, out of which the accident arises; (m) under coverage B, with respect to division I of the Definition of Hazards, to any of the following insofar as any of them occur on or from premises owned by or rented to the named insured and in- jure or destroy buildings or property therein and are not due to fire: (1 ) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, stand- pipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems, (2) the collapse or fail of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or 13) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; (nl under coverage B, with respect to division 1 of the Definition of Hazards, to injury to or destruction of any property arising out of ( I ) blasting or explosion, other than the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) the collapse of or structural injury to any building or structure due (al to excavation, including borrow- ing, filling or back - filling in connection therewith, or to tunneling, pile driving, coffer -dam work or caisson work, or (b) to moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof; provided, however, part (1) or part 12) of this exclusion does not apply to operations stated, in the declarations or in the company's manual, as not subject to such part of this exclusion; (o) under coverage B, with respect to division 1 of the Definition of Hazards, to injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property, or any apparatus in connection there- with, below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of excavating or drilling, or to injury to or destruction of property at any time resulting therefrom; provided, however, this exclu- sion does not apply to operations stated, in the declarations or in the company's manual, as not subject to this exclusion; (p) under coverage C, to bodily injury to or sickness, disease or death of (1) the named insured, any partner therein, any tenant or other person regularly residing on premises owned by or rented to the named insured, or any employee of such insured, tenant or other per- son arising out of and in the course of his employment therewith, or (2) any other tenant of such premises, or any employee of such other tenant arising out of and in the course of his employment therewith, on that part of such premises rented to such other tenant, or (3) any person arising out of and in the course of his employment if benefits therefor are in whole or in part either payable or required to be pro- vided under any workmen's compensation law, or (4) any person while engaged in maintenance, alteration, demolition or new construction operations for the named insured or for any lessee of the named in- sured or any lessor of premises rented to the named insured, or (5) any person practicing, instructing or participating in any physical train- ing, sport, athletic activity or contest; (q) under coverage C, to (1) elevators, unless medical payments for elevators is stated in the declarations as included, or (2) any ex- pense for services by the named insured, any employee thereof, or any person or organizatio- -ender contract to the named insured to provide such services. CONDITIONS 1. Premium: The premium bases and rates for the hazards described t in the declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the manuals in use by the company. The advance premium stated in the declarations is an estimated premium only. Upon termination of this policy, the earned premium shall be computed in accordance with the company's rules, rates, rat- ing plans, premiums and minimum premiums applicable to this insur- ance. If the earned premium thus computed exceeds the estimated advance premium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid by such insured. When used as a premium basis: I I I the word "cost" means the total cost to the named insured under division 3 of the Definition of Hazards, of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; (2) the word "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a gov- ernmental division; (3) the word "remuneration" means (a) the entire remuneration earned during the policy period by all employees of the named insured, other than drivers of teams or automobiles and aircraft pilots and co- pilots, subject to any overtime earnings or limita- tion of remuneration rule applicable in accordance with the manuals in use by the company, and subject with respect to each executive officer to a maximum and a minimum of $100 and $30 per week, and (b) the remuneration of each proprietor at a fixed amount of $3,600 per annum; (4) the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named in- sured and such others collect as a separate item and remit directly to a governmental division. The named insured shall maintain for each hazard records of the information necessary for premium computation on the basis stated in the declarations, 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 to inspect the insured premises, operations and elevators and to examine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance. 3. Definitions: (a) Elevator. The word "elevator" means any hoisting or lowering device to connect floors or landings at any building owned, rented or controlled by the named insured, unless the named insured owns, rents or controls only a part of the building and does not operate, maintain or control the elevator, whether or not such device is in service, and all appliances thereof, including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery. "Elevator" does not include a hoist without a plat- form 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. (b) Automobile. The word "automobiles' means a land motor vehicle, trailer or semitrailer, provided: (1) The following described equipment shall be deemed an automobile while towed by or carried on an automobile not so described, but not otherwise: if of the crawler -type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any concrete mixer other than of the mix - in- transit type; any grader, scraper, roller or farm implement; and, if not subject to motor vehicle registration, any other equipment not specified in (2) below, which is designed for use principally off public roads. (2) The following described equipment shall be deemed an% automobile while towed by or carried on an automobile as above defined solely for purposes of transportation or while being operated solely for locomotion, but not otherwise: if of the non - crawler type, any power crane or shovel, ditch or trench digger; and any air - compressing, building or vacuum, cleaning, spraying or welding equipment or well drilling machinery. Assault and Battery. Under coverages A and B, assault and battery shall be deemed an accident unless committed by or at the direc- tion of the insured. 4. Limits of Liability— Coverage A: The limit of bodily injury (la- bility stated in the declarations as applicable to 'reach person" is the limit of the company's liability for al) damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by one person as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily Injury, sickness or disease, in- cluding death at any time resulting therefrom, sustained by two or more persons as the result of any one accident. S. Limit of Liability— Coverage B: The limit of property damage liability stated in the declarations as applicable to "each accident" is the total limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one accident. 6. Limits of Liability— Coverages A and B: Subject to the limit of liability with respect to "each accident," the limit of liability, if any, stated in the declarations as "aggregate" is the total limit of the company's liability for the division of hazards, and under the cover- age, for which said limit is stated; provided, under division 1 of the Definition of Hazards, said limit applies only to premises and opera- tions rated on a remuneration premium basis and contractors' equip- ment rated on a receipts premium basis. Under divisions I and 3 of the Definition of Hazards, said limit applies separately to each project with respect to operations being performed away from premises awned by or rented to the named insured. Under division 4 of the Definition of Hazards all damages arising out of one lot of goods or products prepared or acquired by the named insured or by another trading under his name shall be considered as arising out of'one accident. The insurance afforded by this policy under division 2 of the Defini- tion of Hazards applies separately to each elevator. 7. Limits of Liability— Coverage C: The limit of liability for medical payments stated in the declarations as applicable to "each person" is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all expenses incurred by or on behalf of two or more persons who sustain bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident. 8. Severability, of Interests --- Coverages A and B: The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability, 9. Notice of Accident: When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtain- able information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses. 10. Notice of Claim or Suit -- Coverages A and B: If 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. 11. Assistance and Cooperation of the Insure4— Coverages A and B: The insured shall cooperate with the company and, upon the com- pany's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of accident. Ill. Definition of Insured: With respect to the insurance under cover- ages A and B the unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his duties as such, and any organization or proprietor with respect to real estate management for the named insured. If the named insured is a partnership, the un- qualified word "insured" also includes any partner therein but only with respect to his liability as such. IV. Insurance for Newly Acquired Elevaton: Such insurance as is or can be afforded under division 2 of the Definition of Hazards and under coverage C applies to elevators newly installed at the premises described in the declarations and to elevators at other premises of which the named insured acquires ownership or control. This insuring agreement does not apply: (a) unless the named in- sured notifies the company within thirty days after the acquisition of each such elevator to which he wishes the insurance to apply; (b) to any loss against which the named insured has other valid and collectible insurance. This insuring agreement applies only under the coverages for which this policy already affords insurance and then applies subject to the limits of liability stated in the declarations. V. Incidental Written Agreements: Exclusion (d) does not apply to the following types of written agreements: (a) any easement agreement, except in connection with a railroad grade crossing, or (b) any agree- ment required by municipal ordinance, except in connection with work for the municipality. Exclusions (a), (d(2) and (k) do not apply to liability assumed under such agreements. If, with respect to this insur- ing agreement, more than one division of the Definition of Hazards applies, the limits of liability applicable to this insuring agreement shall be the highest limits of liability as stated in the declarations for any one of divisions 1, 2 and 3. VI. Policy Period, Territory: This policy applies only to accidents which occur during the policy period within the United States of America, its territories or possessions, or Canada. EXCLUSIONS This policy does not apply: (a) under division 1 of the Definition of Hazards, and under cov- erage C, to the ownership, maintenance, operation, use, loading or unloading of (1) watercraft if the accident occurs away from premises owned by, rented to or controlled by the named insured, except inso- far as this part of this exclusion is stated in the declarations to be inapplicable, (2) automobiles if the accident occurs away from such premises or the ways immediately adjoining, or (3) aircraft; (b) under division 1 of the Definition of Hazards, to elevators; (c) under division 1 of the Definition of Hazards, and under cov- erage C, to ( 1 ) the Independent Contractors Hazard or (2) the Products — Completed Operations Hazard; (d) under divisions 1, 2 and 3 of the Definition of Hazards, to liability assumed by the insured under any contract or agreement; (e) under division 3 of the Definition of Hazards, to any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by inde- pendent contractors; (f) under division 4 of the Definition of Hazards, to liability as- sumed by the insured under any contract or agreement except a war- ranty of goods or products; (g) under Insuring Agreement V, to (11 a warranty of goods or products, or (2) any obligation for which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; (h) to injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with re- spect to (1) liability assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II(b) (3) or under coverage C; (i) under coverages,A and B, to liability imposed upon the in- sured or any indemnitee, as a person or organization engaged in the business of manufacturing, selling or distributing alcoholic beverages, or as an owner or lessor of premises used for such purposes, by reason of any statute or ordinance pertaining to the sale, gift, distribution or use of any alcoholic beverage and, under coverage C, to any expense resulting from such sale, gift, distribution or use; (j) under coverage A, 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 law; (k) under coverage A, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment by the insured; ow1(U under coverage B, to injury to or de-' - fiction of ( 1 ) property d or occupied by or rented to the in. ;, or (2) except with respect to liability under sidetrack agreements covered by this policy, property used by the insured, or (3) except with respect to liability under such sidetrack agreements or the use of elevators, property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control, or (4) any goods, products or containers thereof manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by or for the named insured, out of which the accident arises; (m) under coverage B, with respect to division I of the Definition of Hazards, to any of the following insofar as any of them occur on or from premises owned by or rented to the named insured and in- jure or destroy buildings or property therein and are not due to fire: I 1 ) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, stand- pipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; (n) under coverage B, with respect to division 1 of the Definition of Hazards, to injury to or destruction of any property arising out of ( I ) blasting or explosion, other than the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) the collapse of or structural injury to any building or structure due (a) to e>cavation, including borrow- ing, filling or back - filling in connection therewith, or to tunneling, pile driving coffer -dam work or caisson work, or (b) to moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof; Provided, however, part II I or part (2) of this exclusion does not apply to operations stated, in the declarations or in the company's manual, as not subject to such part of this exclusion; (o) under coverage B, with respect to division I of the Definition of Hazards, to injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property, or any apparatus in connection there- with, below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of excavating or drilling, or to injury to or destruction of property at any time resulting therefrom; provided, however, this exclu- sion does not apply to operations stated, in the declarations or in the company's manual, as not subject to this exclusion; (p) under coverage C, to bodily injury to or sickness, disease or death of (1) the named insured, any partner therein, any tenant or other person regularly residing on premises owned by or rented to the named insured, or any employee of such insured, tenant or other per- son arising out of and in the course of his employment therewith, or (2) any other tenant of such premises, or any employee of such other tenant arising out of and in the course of his employment therewith, on that part of such premises rented to such other tenant, or (3) any person arising out of and in the course of his employment if benefits therefor are in whole or in part either payable or required to be pro- vided under any workmen's compensation law, or (4) any person while engaged in maintenance, alteration, demolition or new construction operations for the named insured or for any lessee of the named in- sured or any lessor of pr raises rented to the named insured, or (5) any person practicing, instructing or participating in any physical train- ing, sport, athletic activity or contest; (q) under coverage C, to (1) elevators, unless medical payments for elevators is stated in the declarations as included, or (2) any ex- pense for services by the named insured, any employee thereof, or any person or organizatic- coder contract to the named insured to provide such services. ENDORSEMENT #1 pornimg part of Policy No.OLT. -.11., _. ... - Effeetive from... M%Fch 21 ........, 19 - -E6 W;01 A. . 9r,Zlg6 Ij TIME) Issued to. -�sQ]lLt&Qy.... aV4 t B I> - ..�4mP,13k?Z�..- ............... .........----------------- .----------------- -- ---------------------------------- ,... by the ------------ dens._ Fad.. 1 -s I naura1] G. e ....................... ............ .. ............ .. ... ... ... . .. --- --.............COMPANY, Glens Falls, N. Y. Additional Insured „_ (Designated Premises Only) In consideration of an additional premium of $9.79 Incl. (7.30 BI & 2.49 PD) it is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability applies, subject to the following provision: The unqualified word "insured" herever used in the policy also includes the person or organization named below but only with respect to the ownership, maintenance or use of the premises designated below and operations necessary or incidental thereto. Named of Person or Organization Location of Premises City of Corpus Christi, Texas 225 Street Benches and 24 Refuse Receptacles 1 cgted within he Ptyy This endorsement is subject to all the terms, conditions and exclusions of the Oo Ca0 U3 Christi TeXaB P0 cy d its endorsements a$ieh are not inconsistent herewith. Counterrigned by: ""ADEN' ERNEST BOBYS COMPANY F— 11552 (5) ,.._ ................................. ... .............. - --. .................. . -.... _.......................... -. - "r Authorized Agent OLT Policy No. EXTENSION SCHEDULE OLT, MC, LCG Form L616385 Item 3. + 3. 3. - Advance Prorniums - Coverage A Coverage B Rates - Coverage A Coverage B Premium Bases Code No. Description of Hazards The rating classifications o do not modify the ezclusons o other terms f this olic . (al Per 100 5,. (h) Per Lineer Ft. of Area Foof (al Area (5q, Ft.) Ib) Frontage Promises,—Operations Purposes of Use Ice Per$100 of Remunera- Ice Remuneration Street Benches and Receptacles Idl Per $100of Receipts ie; U."i t: used for advertising rated as -: le) Per Unit (fl Per 100 Admissions (f) Admis.— 93.30 33.90 .300 .109 e) 311 301 Benches- street- existence hazard only. 8.66 .62 .228 .016 e) 38 305 - Refuse Receptacles Benches and Receptacles are locate as follows (all locations in Texa ity Benches Receptacles ictoria 22 efugio 6 Taft 2 inton 4 Corpus Christi 225 24 Raymondville 2 Harlingen 6 San Benito 1 Brownsville 6 McAllen 6 Pharr 1 Edinburg 2 Rockport 8 Beeville 6 Kingsville 8 Robstown 4 Alice 8 Aransas Pass 2 6 nk I PART 2 This Declarations page, w' "POLICY PROVISIONS—PART 1;' and endc • ts, if any, issued to form a part thereof, completes the Won .nhered MANUFACTURERS' AND CONTRACTS LIABILITY POLICY _SOLT 17756 GLENS FALLS INSURANCE COMPANY RENEWAL OF NUMBER A Stock Company 1 -65 =90 Policy No. MC Ar_1DJr7ngXX29;xx DECLARATIONS Eli Abrams dba Courtsey Advertising -Item I. Name of Insured and Address: Company sate wHeT „En ol.Iepa . eae—erlo1 o. r„err.eaa.re 642 Hoffman Street Corpus Christi, Texas pw 0eenen.—sser114no "y jd �e .. r,r n ' 1Trewwint & Cochran . Dallas n a� Ernest Bobys Company - Corpus Christi, From To Tex. No. Street Town or City, County, State Location of all premises owned, rented or controlled e by named insured c Interest of and part occupied by named insured in such premises .o ess Office and Agent Code, and Office or General Agent Name Agent, Sub -Agent or Broker Item 2. Policy Period; 12'01 A. M tandard time at the address of the named insured es stated herein; 3 -21 -56 3 -21 -57 Advertising Business of the named insured is Item 3. The insurance a forded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage and division shall be as stated herein, subject to all the terms of this ooliev having reference therorn Covera e A Build In'ur Liabilif Coverage B Pro a 'Damage Liability Covera e C Medical Payments Limits of Liability $ 10,000.00 $ Not each person $ $ 10 000.00 $ Covered each accident $ I applies to Div, q only, $ (applies to [31— I, 3 G 9 aggregate Advance Premiums Rates Bodily Property Premium Bases Code Description of Hazards The Bodily Injury Property Damage Injury Damage Na. rating classifications do not ,modify the ezclus ons w other terms of this policy. - Division 1. Premises — Operations 101.96 34.52 See Extension Schedule attached 7.30 2.49 See Endorsement #1 attached This is to certify that this fog is a true & exact copy of Polic, Mc 1 -65 -90 lal Per lOOSq.Pt.of Area lal Area ISO. Frl GLENS FALLS INSURANCE COMPANY Ibl Per linear Foot Itl Per$IOOofRemunera- Lion lb l Frontage Ic) Remuneration Trezevant & Cochran, Mgrs. ,dl Per Of Receipts It d Receipts P lei Per umt Unif Ifl Per 100 Admissions Iel Units Itl Admission BY Per Elevator Number Insured Division 2. Elevators Per 8100 of Cost Cost Division 3. Independent Contractors —Li— Per $1,000 a( Sales sales Division 4. Products Completed Operations 6 $ 37.01 — Total B. I. nd P. D. Premiums Form Numbers of Endorsements Attached to Policy at Issue: End. #1 Premium for Medical Pa ments: Premises —O erations Pre l m for Medical Payments: Elevators Is 146,2 Total Advance Premium ^m Item 4. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein:' Countersigned: "Absence of an entry m-,,' No Exceptions." By El� i�T'I..�' Rf1Ttys r m�rtpA ­ 1DL6163 -)( -E Authorized Representative INSURANCE COMPANY GNna Fa R., N.Y. TR6EBVANT 11 COCCIER" Ernest Bobys Company °" Star Building DALLAS, TRYAa Box 801 CORPUS CHRISTI, TEXAS June 26, 1957 City of Corpus Christi Corpus Christi, Texas Attention: ,!r. T. Ray Kring Re: Eli Abrams dba. Courtesy Advertising Company Glens Falls Insurance Company Policy Ao. OLT 6 -33 -84 Gentlemen: 'No are attaching hereto copy of the captioned policy for your file. EEB:m Very truly yours, ERIA ST 1300Y6 COMPAITY By % �^ Jl1;J 1967 RECEiVE0 City Secretary ",...r. AUTOMOBILE PLATE GLASS ELEVATOR ^.q_, °T Wdr FIDELITY AND SURETY BONDS PERSONAL ACCIDENT CONTINGENT LIABILITY GENERAL LIABILITY BURGLARY AVIATION TEANB• LIABILITY POLICY PROVISIONS —PART 1 OF OWNERS', LANDLORDS' AND TENANTS' LIABILITY POLICY finitionc of Hazards, and for such classifications in division lr for - ,hich the premium basis is stated as "admissions;' "receipt!' or units" are estimated premiums only. Upon termination of this policy, ie earned premium for these hazards shall be computed in accordance ith the company's rules, rates, rating plans, premiums and minimum mmiums applicable to this insurance. If the earned premium thus omputed exceeds the estimated advance premium paid, the named ,sured shall pay the excess to the company; if less, the company shall Aurn to the named insured the unearned portion paid by such in- lred. The named insured shall maintain for the aforesaid hazards =cards of the information necessary for premium computation on the asis stated in the declarations and shall send copies of such records , the company at the end of the policy period and at such times uring the policy period as the company may direct. Glens Falls Underwriters "Old and Tried" Or rd-d 1849 V�t�,. INSURANCE COMPANY Glens Falls, N. Y. GLENS FALLS INSURANCE COMPANY GLENS FALLS, NEW YORK (A stock insurance company, herein called 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— Bodily Injury Liability: To pay on behalf of the insured all sums which the insured shall become legaljy obligated to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the hazards hereinafter defined. Coverage B— Property Damage Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the hazards hereinafter defined. DEFINITION OF HAZARDS Division 1— Premises — Operations: The ownership, main- tenance or use of the premises, and all operations necessary or incidental thereto. Division 2— Elevators: The ownership, maintenance or use of any elevator designated in the declarations. Division 3— Structural Alterations, New Construction: Structural alterations which involve changing the size of build- ings or other structures and new construction, if the accident occurs in the course of such operations at the premises by the named insured or his contractors or their subcontractors. Division 4— Products — Completed Operations: (1) Goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, if the accident occurs after possession of such goods or products has been re- linquished to others by the named insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on prem- ises for which the classification stated in division I of Item 3 of the declarations excludes any part of the foregoing; provided, such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been completed or abandoned and occurs away from prem- ises owned, rented or controlled by the named insured; provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the fol- lowing shall not be deemed to be "operations" within the mean- ing of tt is paragraph: (a) pick -up or delivery, except from or onto a railroad car, (b) the maintenance of vehicles owned or used by or in behalf of the insured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and fd) operations for which the classification stated in division I of Item 3 of the declarations specifically includes completed operations. Coverage C— Medical Payments: To pay all reasonable expenses in- curred within one year from the date of accident for necessary medical, surgical and dental services, including prosthetic devices, and neces- sary ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident and arising out of the ownership, maintenance or use of the premises, or operations necessary or incidental thereto. II. Defense, Settlement, Supplementary Payments: With respect to such insurance as is afforded by this policy for bodily injury liability and for property damage liability, the company shall: (a) defend any suit against the insured alleging such injury, sick- ness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and set- tlement of any claim or suit as it deems expedient; (b)(1 )pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds; (2)pay all expenses incurred by the company, all costs taxed against the insured in any such 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; (3)pay expenses incurred by the insured for such immediate med- ical and surgical relief to others as shall be imperative at the time of the accident, Wreimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts so incurred, except settlements of claims and suits, are payable by the company in addition to the applicable limit of liability of this policy. 111. Definition of Insured: With respect to the insurance under coverages A and B the unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his duties as such, and any organization or proprietor with respect to real estate management for the named insured. If the named insured is a part- nership, the unqualified word "insured" also includes any partner therein but only with respect to his liability as such. IV. Insurance for Newly Acquired Promises, Elevators and Other Hazards: Such insurance as is afforded under division 1 of the Definition of Hazards and under coverage C applies to premises, draft or saddle animals, vehicles for use therewith, and vehicles from which merchandise is sold, if the named insured acquires ownership or control thereof. Such insurance as is or can be afforded under division 2 and under coverage C applies to elevators newly installed at the premises and to elevators at such other premises. Such in- surance as is or can be afforded under division 3, applies at such premises. This insuring agreement does not apply: (a) unless the named in- sured notifies the company within thirty days after the commencement of each such additional hazard to which he wishes the insurance to apply; (b) to any loss against which the named insured has other valid and collectible insurance. gate limit is so stated, the aggregate limit shall be the minimum aggregate limit in the company's manual corresponding to the "each accident" limit stated in the declarations. V. Incidental Written Agreements: Exclusion (d) does not apply to the following types of written agreements relating to the premises: (a) any easement agreement, except in connection with a railroad grade crossing, or (b) any agreement required by municipal ordinance, except in connection with work for the municipality. Exclusions (a), (c) (2) and (j) do not apply to liability assumed under such agreements. If, with respect to this insuring agreement, more than one division of the Definition of Hazards applies, the limits of liability applicable to this insuring agreement shall be the highest limits of liability as stated in the declarations for any one of divisions 1, 2 and 3. VI. Alienated Premises: Such insurance as is afforded by this policy under division I of the Definition of Hazards applies to premises alienated by the named insured, if the accident occurs after the named insured has relinquished possession thereof to others. This insuring agreement does not apply to premises constructed for sale by the named insured or over which the named insured has any right of control. This insuring agreement applies only under the coverages for which VII, Policy Period, Territory: This policy applies only to accidents this policy already affords insurance and then applies subject to the which occur during the policy period within the United States of limits of liability stated in the declarations but, if no applicable aggre- America, its territories or possessions, or Canada. This policy does not apply: EXCLUSIONS (a) under division I of the Definition of Hazards, and under divi- sion 3 except for operations performed by independent contractors, and under coverage C, to the ownership, maintenance, operation, use, load- ing or unloading of (1) autorr iies if the accident occurs away from the premises, (2) draft or saddle animals, vehicles for use therewith, vehicles from which merchandise is sold or watercraft, if the accident occurs away from the premises, except insofar as this part of this ex- clusion is stated in the declarations to be inapplicable, or (3) aircraft; (b) under division 1 of the Definition of Hazards, to elevators; (c) under division I of the Definition of Hazards, and under cov- erage C, to (1) structural alterations which involve changing the size of or moving buildings or other structures, new construction or demo- lition operations, by the named insured or his contractors or their subcontractors, (2) the Products — Completed Operations Hazard or (3) operations an or from premises, other than as defined, which are owned by, rented to or controlled by the named insured; (d) under divisions I, 2 and 3 of the Definition of Hazards, to liability assumed by the insured under any contract or agreement; (e) under division 4 of the Definition of Hazards, to liability as- sumed by the insured under any contract or agreement except a war- ranty of goods or products; (fl under Insuring Agreement V, to 111 a warranty of goods or products, or 121 any obligation for which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; (g) to injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, with re- spect to (1) liability assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II(b) (3) or under coverage C; (h1 under coverages A and B, to liability imposed upon the insured or any indemnitee, as a person or organization engaged in the 'business of manufacturing, selling or distributing alcoholic beverages, or as an owner or lessor of premises used for such purposes, by reason of any statute or ordinance pertaining to the sale, gift, distribution or use of any alcoholic beverage and, under coverage C, to any expense resulting from such sale, gift, distribution or use; M -under coverage A, 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 law; (j) under coverage A, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment by the insured; (k) under coverage B, to injury to or destruction of ( 1 ) property owned or occupied by or rented to the insured, or (2) except with respect to liability under sidetrack agreements covered by this policy, property used by the insured, or (3) except with respect to liability under such sidetrack agreements or the use of elevators, property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control, or (4) any goods, products or containers thereof manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by or for the named insured, 'out of which the accident arises; (I) under coverage B, with respect to division 1 of the Definition of Hazards, and under division 3 except with respect to operations performed by independent contractors, to any of the following insofar as any of them occur an or from premises owned by or rented to the named insured and injure or destroy buildings or property therein and are not due to fire: ( 1 ) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, standpipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; (m) under coverage C, to bodily injury to or sickness, disease or death of (1) the named insured, any partner therein, any tenant or other person regularly residing on premises owned by or rented to the named insured, or any employee of such insured, tenant or other per- son arising out of and in the course of his employment therewith, or (2) any other tenant of such premises, or any employee of such other tenant arising out of and in the course of his employment therewith, on that part of such premises rented to such other tenant, or (3) any person arising out of and in the course of his employment if benefits therefor are in whole or in part either payable or required to be pro- vided under any workmen's compensation law, or (4) any person while engaged in maintenance, alteration, demolition or new construction operations for the named insured or for any lessee of the named in- sured or any lessor of premises rented to the named insured, or (5) any person practicing, instructing or participating in any physical train- ing, sport, athletic activity or contest; (n) under coverage C, to (1) elevators, unless medical payments for elevators is stated in the declarations as included, or (2) any ex- pense for services by the named insured, any employee thereof, or any/ person or organization under contract to the named insured to provide such services, % CO r7. Premium: The premium bases and rates for the hazards described in the declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the "manuals in use by the company. The premium stated in the declarations for divisions 3 and 4 of the Definition of Hazards, and for such classifications in division 1 for which the premium basis is stated as "admissions," "receipts" or "units" are estimated premiums only, Upon termination of this policy, the earned premium for these hazards shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid by such in- sured. The named insured shall maintain for the aforesaid hazards records of the information necessary for premium computation on the basis stated in the declarations 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. When used as a premium basis: (1) the word "admissions" means the total number of persons, other than employees of the named insured, admitted to the eve' or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; (2) the word "cost" means the total cost to the named insured under division 3 of the Definition of Hazards, of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or sub- contractor, including all fees, allowances, bonuses or commissions made, paid or due; (3) the word "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pic- tures, and includes taxes, other than taxes which the named in- sured collects as a separate item and remits directly to a govern- mental division; (4) the word "remuneration" means the entire remuneration earned during the policy period by "all employees of the named insured engaged in the operations, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; (5) the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named in- sured and such others collect as a separate item and remit directly to a governmental division. 2. Inspection and Audit: The company shall be permitted to inspect the insured premises, operations and elevators and to examine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance. 3. Definitions: (a) Premises. The unqualified word "premises" means the premises designated in the declarations and includes the ways immediately adjoining on land. (b) Elevator. The word "elevator" means any hoisting or lowering device to connect floors or landings at the premises, unless the named insured owns, rents or controls only a part of the building and does not operate, maintain or control the elevator, whether or not such device is in service, and all appliances thereof, includ- ing any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery, "Elevator" does not include 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. (c) Automobile. The word "automobile" means a land motor vehicle, trailer or semitrailer, provided: - The following described equipment shall be deemed an automobile while towed by or carried on an automobile not so described, but not otherwise: if of the crawler -type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any concrete mixer other than of the mix- NDITIONS in- transit type; any grader, scraper, roller or farm implement; and, if not subject to motor vehicle registration, any other equipment not specified in (2) below, which is designed for use principally off public roads. The following described equipment shall be deemed an automobile while towed by or c rried on an automobile as above defined solely for purposes of transportation or while being operated solely for locomotion, but not otherwise: if of the non - crawler type, any power crane or shovel, ditch or trench digger; and any air - compressing, building or vacuum cleaning, spraying or welding equipment or well drilling machinery. (d) Assault and Battery. Under coverages A and B, assault and bat- tery shall be deemed an accident unless committed by or at the direction of the insured. 4. Limits of Liability— Coverage A: The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by one person as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, in- cluding death at any time resulting therefrom, sustained by two or more persons as the result of any one accident. 5. Limit of Liability— Coverage B: The limit of property damage liability stated in the declarations as applicable to "each accident" is the total limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one accident. 6. Limits of Liability— Coverages A and B. Subject to the limit of liability with respect to "each accident," the limit of liability, if any, stated in the declarations as "aggregate" is the total limit of the company's liability for the division of hazards, and under the coverage, for which said limit is stated. Under division 4 of the Definition of Hazards all damages arising out of one lot of goods or products prepared or acquired by the named insured or by another trading under his name shall be considered as arising out of one accident. The insurance afforded by this policy under division 2 of the Defi- nition of Hazards applies separately to each elevator. 7. Limits of Liability— Coverage C: The limit of liability for medical payments stated in the declarations as applicable to "each person" is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident; the limit of such liability stated in the declarations as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all expenses incurred by or on behalf of two or more persons who sustain bodily injury, sickness or disease, including death resulting therefrom, as the result of any one accident. S. Severability of Interests— Coverages A and B: The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. 9. Notice of Accident: When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtain- able information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses. ' 10. Notice of Claim or Suit— Coverages A and B: If claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or gther process received by him or his representative. 11. Assistance and Cooperation of the Insured — Coverages A and B: The insured shall cooperate with the company and, upon the com- pany's request, shall attend hearings and trials and °shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such im- mediate medical and surgical relief to others as shall be imperative at the time of accident. 12, Medical Reports; Proof and Payment of Claim— Coverage C: As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain 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 organ- ization rendering the services and such payment shall reduce the amount payable hereunder for such injury, Payment hereunder shall not constitute admission of liability of the insured or, except here- under, of the company. 13. Action Against Company -- Coverages A and 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 thereof who has secured such judgment or written agreement shall thereafter 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 company as a co- defendant in any action against the insured to determine 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 hereunder. 14. Action Against Company— Coverage C: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until thirty days after the required proofs of claim have been filed with the company. 15. Other Insurance — Coverages A and B: If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 16. Subrogation— Coverages A and B: In the event of any payment under this policy, the company shall be subrogated to all the in- sured's rights of recovery therefor against any person or organization 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. 17. Three Year Policy: A policy period of three years is comprised of three consecutive annual periods. Computation and adjustment of earned premium shall be made at the end of each annual period, Aggregate limits of liability as stated in this policy shall apply separately to each annual period. 1B. 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. 19. 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, this policy shall cover the named insured's legal representative as named insured; provided that notice of cancel - ation addressed to the insured named in the declarations and mailed to the address shown in this policy shall be sufficient notice to effect cancelation of this policy. 20. Cancelation: 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 com- pany 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 be 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 end of the policy period. Delivery of such written notice either by the named insured or by the company shall be 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 company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancelation is effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is not a condition of cancelation. 21. 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 agents relating to this insurance. In witness whereof, the Glens Falls Insurance Company has caused this policy to be signed by its president and a secretary at Glens Falls, Y., and countersigned on the declarations page by a duly authorized representative of the company. 1 P6I 68.X -E qw\rc� r ENDORSEMENT Forming part of Policy No...OLi"_ e'q_- x— Effective from --larch 2h _., 19.3 ffi1 Abrams dba Coiats Adverbs C tT2:m w M. srnrronteo rsMS> Issued to. .....-- ----- ----._....... e., �._...---------..._ �---. ��-_.._ ......................---- ------- ----- -......._.....- ° --- -- -......__._. by the____. Glena-_Ralls 7nsurence COMPANY, Glens Palls, N. Y. Additional. Insured (Designated Premises Only) In consideration of an additional premium of $9.56 (Incl. $7.03 BI & $$2.53 P. D.1-it is Agreed that such insurance as is afforded by the - policy for Bodily Injury Liability and for Property Damage Liability applies, subject to the following provision: The unqualified word "insured"-wherever-used in the policy also includes the person or orgaftization named below-but only with respect to the ownership, maintenance or- use of the premises designated below and operations necessary or incidental thereto. Name of Person or Organization Iocation of Premises City of Corpus Christi, Tame 225 street Benches and 24 Refuse Receptacles located within the - City of Corpus Christi, Texas This endorsement is subject to all the terms, conditions and exclusions of .the policy and its endorsements which are not inconsistent herewith. Countersigned by. Ernest Bobys Company e9ri1DENT Form11552 (5) —....°....°...._._.-..--- ..... _. ..... ___ .— ........ ___ ......... .... Authorized Agent DIT 6-33--84 Policy No. EXTENSION SCHEDULE OLT, MC, LCG Form L615385 Advance Premiums Coverage A Coverage B Rates Coverage A Coverage B Premium Bases Code HO Description of Hazards Th rating classifications do not modify the exclusions on other terms of this oli (a) Per 1005q. (bl Per Linear Ft. of Area Foot (a) Area cSq. Ft.) (b) Frontage premises -- Operations Purposes Of Use (c) Per $100 Per of Remunera- (cl Remuneration iei R—ipts Street Benches and Receptacles used for Im $laO lel Per unit of Receipts if) Admissions advertising rated as: Ifl Per 100 Admissions $93.30 033.90 a) .300 .109 e) 311 301 Benches - street - existence hazard only. 4.56 1.25 e) .12 .033 e) 38 305 Refuse Receptacles Benches and Receptacles are located as follows (all locations in Texas): City Benches Receptacles Victoria 22 Refiigio 6 Taft 2 Sinton - 4 Corpus Christi 225 2k Raymondville 2 Harlingen 6 San Benito 1 Brownsville 6 McAllen 6 Pharr 1 Edinburg 2 Rockport 8 Beeville 6 Kingsville 8 Robstown 4 Alice 8 Aransas Pass 2 311 �� -OLT 6 -33cg4 COPY RENEWAL .1 NUMBER CO (1) Eli Abrams dba Courtesy Advertising 642 HOffban Corpus Christi, Nueces, Texas R []oErrE css ... Q Tcwr.nt 3 -16858 — Wm. H. Cousins Company, Gen. Ernest Bobys Company, Agent From March_21, 1957 To Web 21, 1958 Item 3. Advertising ACCOUNTS ENTERED G O P Y ✓mow' DAILY REPORT Index Imp. Rates Approved CANC. ACCTS. ENTERED Item 1. Insured and Address: Town or City, County, State Location of premises. Erman .srac �r ewraE SOUrror, as .sous x...E.s ,�1l,,.. Interest of and part Occupied sby named insured Agt. Office and Agent Code, and Office or General Agent Name Agent, Sub -Agent or Broker Item 2. Policy Period: 12:01 A. M -, standard time at the address of the named insured as stated herein: Business of the named insured is Coverage A Bodily Injury Liability Coverage B Property Damage Liability Coverage C Medical Payments Limits of Liability $10,000.0o $ each person $20,000.00 $ 20 $ each accident $ (-polies to Div, 4 on( S lapplies to Di— Premiums Rates 3 G 4) ag regd }e Bodily p Y -Party Bodily P Property - Premium Bases Code Description of Hazards Injury Damage Injury Damage No. the rating Bassi,her oer , not modify the exclusions or of er term 1 t olir . Division 1. Premises — Operations Purposes of Use $97.86 $35.15 See Schedule Attached. 7.03 2.53 See Endorsement #1 attached. Per 100 Sq. Fl. of Area Ibl Per Linear Fee, 1.) Area (Sq. Ft.I (c) Per$100 of Remunera- 'ion (bl Frontage Icl Remuneration ' (d) Per 6100 of Receipts .Idl Rereipts te) Per Unit (f) Per 100 Admissions le) Units M Admission Per Elevator Number Insured Division-2. Elevation Not covered hereunder. Ia) Per $100 of Remunera- Lion t -) Remuneration (b) Cost Division 3. Structural Alterations, New Consvruetion Ib) Per $100 of Cost Not covered hereunder. Per $1,000 of Sates sales Division 4. Products — Completed Operations Not covered hereunder, $ 104.89 $ 37.8 Total B. 1. and P. D. Premiums Form Numbers of Endorsements Attached to Policy at issue: Is Premium for Medical Payments: Premises —O erations $ Premium for Medical Pa ments: Elevators $ 3,42o57 Total Premium It Policy Period more than one year Premium is payable: $ On effective dat 1st Anniversary ; $ 2nd anniversary Item 4. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated harein:' JD6)68 -X -e Ernest Bobys Company I' - �•: T7AY6 61ZE : - ,erARTING -. EXPIRING ;.AT1dUN'T 1 391 `•� 5-5 -56 &: 52.88 - -- CLASSIFIED INVOICE FROM PRE BALANCE P.O. BOX - 219, -- - CORPUS CHRISTI, TEXAS TOTAL F Gels City of Corppp,Christi, Hall C * Attns T. Ray $ring L J DATE 6 -21-56 ` RETURN THIS PORTION WITH REMITTANCE F +� . :ANOUNr CLASSIFIED INVOICE FROM -FOUG cuss OA4S 917.E ,STARTING ExpMInG 62M UtP. 3 ..' Y (0"7-OA MORNING EVENING SUNDAY (N6yP6R —.IT ..R—. OP CIRCIILATIONI CLASSIFIED INVOICE FROM - di PREVIOUS BALANCE P.O. Box CORPU6 CHRISTI. TEXAS T > TOTAL DUE -- KEEP THIS RECORD ' FOLIO NO. at C Qbrixti. _ PAID Bj' ANT i `V THE CALLER -TIMES PUBLISHING CO. Aftni T. W Irbw L HY DATE�¢ � RETURN TH19 PORTION WITH REMITTANCE E'er' —" r� P p w mom• 1 W4"' AVIT Isi Before me, the undersigned, a Notary Public, this day personally aahart.-L.—HugheB ............................ who being first duly sworn, according to law, says that he is the Adve-r-t-I-si-ng Xanager. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of C a -franchise to construct, erect - -- period of __5 rs.benches--- - --- —Z � .. ...... of which the annexed is a true copy, was published in ................. Ke Time& .................... ...................... . ... on the—.5 day of Ma ........................... 19-5b and MaMeTiM ..-tharea-f-tar-,--riame.1y. Play 10, June 7,1956 .... � ........... .Times. $ ----------- 1 -59-88 Subscribed and sworn to before me this--- -day of._.___.... ---------- - - - ----------------- County, exas -- -- ------ ; flm-�Whr Nueces MAYOR CTCY OF CORPUSCHRI3TI. 7'E7CAl. ATTEST: raw NV tern APPROVED AS TO LEGAL FDRM:"