R-87-979 - 4/9/1987RESOLUTION NO. 1 97 . 9/< 2
WHEREAS, Austin Homes Incorporated wishes to utilize a
portion of the Windy Park Drive right -of -way to create a Model
Home Village; and
WHEREAS, Austin Homes Incorporated has submitted a License
Agreement for the use of said right -of -way, and
WHEREAS, the property and the license parcel are located on
an undeveloped street, NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby authorized and directed to enter
into said License Agreement with Austin Homes, Incorporated, a
copy of said agreement being attached hereto and incorporated
herein for all purposes.
ATTEST:
411 11.44A'
nne Land, ity Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
Mr. James L. Sullins, President
Austin Hanes, Inc.
Box 1207
Round Rock, TX 78680
RE: License Agreement - Windy Park
Dear Mr. Sullins:
Sincerely,
THE CITY OF ROUND ROCK
214 East Main Street
Round Rock, Texas 78664
512 -255 -3612
Mayor
Mike Robinson
Mayor Pro-tem JMSS /rc
Mike Heiiigenstein
Connell Members _
Glenn T. King CC: Joanne Land
Pete Correa
Ronnie Jean
Charles Culpepper
Trudy L. Lee
City Manager
Jack A. Harzke
City Attorney
Donald Lee Wog
April 29, 1987
Council agreed to enter into the above noted license
agreement. The attached agreement has had minor amendments
by our City Attorney. The single outstanding item is the
addition of the City as co-insured under your liability policy.
Upon receipt of written confirmation of this item from your
insurance company and receipt of the signed amended agreements,
the Mayor will execute the License Agreement.
You may forward the required documentation to mynelf,
Jim Stendebach, Assistant Director
Planning & ('rmmmity Development
City of Round Rock
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the City of Round Rock, Texas, hereinafter referred to as
"Licensor ", acting through the undersigned official who is so
empowered by resolution of the City Council, in consideration of
the agreement made herein by Joe Bracamontez and Mary Jane
Bracamontez, hereinafter referred to as "Licensee ", owner of the
property more particularly described in Exhibit "B" attached hereto
and incorporated herein by this reference for all purposes,
hereby grants a license to the said Licensee to permit a portion of
the house located at Logan Street to encroach into the right -of -way
of Logan Street, as shown on Exhibit "A" attached hereto and
incorporated herein by this reference for all purposes, owned and
occupied by the City of Round Rock, Williamson County, Texas, but
such improvements shall at all times not be in conflict with any
utility lines or equipment or interfere with any utility, which is
not servicing the improvements, and subject to the following terms
and conditions:
2.
Neither the granting of this license, nor of any related
permit, constitutes an abandonment by the Licensor of its property,
easement or easements, or any other rights in and to the above
described property. Licensee expressly stipulating and agreeing by
Licensee's acceptance of this license that Licensee neither asserts
nor claims any interest or right of any type or nature whatsoever,
either legal, equitable or otherwise in and to Licensor's property.
Licensee hereby expressly covenants, stipulates and agrees,
without limitation, to indemnify and defend the Licensor and hold
it harmless from any and all liability, claim, cause of action, and
cost, including attorneys fees, and including any acts or omissions
of the Licensor, its officers, agents, and employees, which may
grow out of or be attributable to the granting by the Licensor of
said license and any supplemental license which may hereafter be
issued in connection herewith including any inspections which may
be conducted in connection with or pursuant to said license and any
supplemental license.
3 .
Licensee agrees to comply with all laws and ordinances in the
use and maintenance of said property.
4.
Licensor retains the right, but not the obligation, to enter
upon the land to which this license applies and at Licensee's
expense to remove any structure or improvements or alterations
thereon upon the determination by Licensor that such removal is
necessary for exercising Licensor's rights or duties in regard to
said Logan Street, or for protecting persons or property, or public
interest in regard to said Logan Street.
5 .
This license, until its expiration or revocation, shall run
with title to the above described real property, and the terms and
conditions hereof shall be binding on any subsequent owners or
holders thereof. Licensee shall cause any immediate successors in
interest to have factual notice of this license agreement.
6.
This license shall expire automatically upon removal of the
improvements located on the property pursuant to this license, and
shall expire as to any portion of said improvements upon the
removal, whether or not all of the proposed improvements are
removed.
7 .
This license is revocable by the Licensor upon the occurrence
of any of the following conditions or events:
a. Licensee or its successors has failed to comply with their
terms of this license; or
b. The improvements located thereon or a portion of them
interfere with the rights of the Licensor or the public in
or to Licensor's property; or
c. Use of the licensed area becomes necessary for a public
purpose; or
d. Said improvements or a portion of them constitute a danger
to the public which is not remediable by maintenance or
alteration of the said improvements; or
e. Maintenance or alteration necessary to alleviate a danger
to the public has not been made within a reasonable time
after the dangerous condition has arisen.
8 .
This license shall be effective upon the acceptance of the
terms hereof by the Licensee, as indicated by the signature of
Licensee and the signature execution of the Street Right -of -Way
Dedication.
This license shall be filed for record in the Official Records
of Williamson County, Texas.
TERMS AND CONDITIONS ACCEPTED, this the day
of , 1987.
LICENSOR - CITY OF ROUND ROCK LICENSEE - JOE and MARY JANE
BRACAMONTEZ
MIKE ROBINSON, Mayor Joe Bracamontez
ATTEST:
Joanne Land, City Secretary Mary Jane Bracamontez
Name and Address of Licensee:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the
day of , 1987 by Joe Bracamontez.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
This instrument was acknowledged before me on this the
day of , 1987 by Mary Jane Bracamontez.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the
day of , 1987 by MIKE ROBINSON, Mayor of
the City of Round Rock, Texas, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
FIELD NOTES FOR 0.028 ACRE
EXHIBIT "B"
Page 1 of 2
FIELD NOTES describing a 0.028 acre tract or parcel of land situated in
the Wiley Harris Survey, P1stract No. 298, in the City of Round Rock,
Williamson County, Texas, being a portion of the B and M Addition as
shown on a Plat of Record in Cabinet A, Slide 389, of the Plat Records
of said County, said tract being the same land conveyed to Joe Braca-
montez and wife, Mary Jane Bracamontez by Deed recorded in Volume 883,
Page 269, of the Deed Records of said County, being more particularly
described by metes and bounds as follows:
BEGINNING at the intersection point of the curving west right -of -way
line of U. S. Highway No. 81, and the projecting north fenced right -of-
way line of Logan Street, being the southeast corner of said Bracamontez
tract, said point bears S80 ° 19'E, 4.09 feet from a fence corner post,
being the Southeast corner and POINT ..OF BEGINNING of the hereinafter
described 0.028 acre;
THENCE along the north fenced right -of -way line of Logan Street, for the
south line hereof, N80 ° 19'W, 122.81 feet to a fence corner post, being
the southwest corner hereof;
THENCE along the west line of said Bracamontez tract, as fenced and
occupied upon the ground, for the west line hereof, N08 ° 16'E, 10.00 feet
to the northwest corner hereof;
THENCE along the north line hereof, N80 ° 19'E, 118.53 feet to the north-
east corner hereof;
THENCE along said curving west right-Of-way line, being the arc of a
curve to the right having elements of delta = 00 ° 06'39 radius =
5679.57 feet, arc = 10.98 feet, tangent = 5.49 feet, chord bearing and
chord = S14 °41'41 "E, 10.98 feet, to the POINT OF BEGINNING of the herein
described tract of land containing 0.028 acre or 1,207 square feet of
l and.
EXHI$IT. "&"
Page 2.of 2
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Haynie & Kallman Inc
CCNSULTiNG ENGINEERS
1106 South Mays
Rouna Rock, Teas 76664 .;
THE STATE OF TEXAS .
COUNTY OF WILLIAMSON:
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this day of
1987, by and between the City of Round Rock, a Texas
municipal corporation (Licensor), and Austin Homes, Incorporated, its
successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in Round
Rock, Williamson County, Texas, and being more particularly described as
Lots 1 through 5 inclusive, Block B, Windy Park Subdivision, Section I (the
Property); and
WHEREAS, Licensee operates a subdivision sales office and model home
complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing the front
yards of the Property as well as a portion of the public right -of -way
adjacent to the Property, as indicated on Exhibit "A" (the License Parcel),
attached hereto and incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's use of
said right -of -way, since the Property and the License Parcel are located on
an otherwise undeveloped street; NOW THEREFORE, for and in
consideration of TEN and NO/ 100 Dollars ($ 10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the right to use
and maintain a security fence on the License Parcel, provided said fence
shall be constructed of open wrought iron pickets of a height no greater
than 48- inches, so as to not obstruct views in any way.
Page 1 of 4 Pages
6. This License shall be for a period of one year from the date herein,
but shall automatically renew for an additional one year unless Licensor
notifies Licensee of its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor elect not to renew this
License, Licensee shall remove said fence from the License Parcel within
30 -days of the expiration of this License.
2. The License granted herein shall be revocable by Licensor upon the
sale, lease or other transfer of one or more of the model homes, provided
such sale or lease is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or tenant. At such
time, Licensor shall give to Licensee, its successors or assigns, silty (60)
days written notice of Licensor's intent to revoke this License. Licensee
agrees to remove said fence within sixty (60) days after receipt of such
written notice from Licensor.
3. Licensee further agrees to indemnify Licensor against liability, loss
or damage Licensor may suffer as a result of costs or judgments against
Licensor arising out of the existence of the herein described fence upon the
License Parcel, if said liability, loss or damage would not have occurred had
the herein described fence not existed upon the License Parcel at the time
of the occurance giving rise to the liability, loss or damage. Further,
Licensee agrees to keep in force the liability insurance policy evidenced
hereto as Exhibit "B," or any other replacement insurance policy of equal or
superior coverage, and to name the Licensor as an additional insured on
the current insurance policy or any replacement insurance policy, for the
purposes described herein.
4. The License granted herein is assignable by Licensee, its successors
and assigns, without the consent of Licensor, to any subsequent owner of
the Property, provided said subsequent owner shall not change the use of
said Property, that use being as a subdivision sales office and model home
complex. This agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and assigns.
5. This License, until its expiration or revocation, shall run with title to
the Property, and the terms and conditions hereof shall be binding on any
subsequent owners or holders thereof. Licensee shall cause any immediate
successors in interest to have factual notice of this License agreement.
Page 2 of 4 Pages
7. Neither the granting of this License, nor of any related permit,
constitutes an abandonment by the Licensor of its property, easement or
easements, or any other rights in and to the above described property.
Licensee expressly stipulates and agrees by Licensee's acceptance of this
License that Licensee neither asserts or claims any interest or right of any
type or nature whatsoever, either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in writing and shall
be deemed to have been properly delivered as of the date such notice is
hand delivered to the occupant of the Property or deposited in the United
States Mail, certified or registered mail, return receipt requested, postage
prepaid, addressed to Austin Homes, Inc., Post Office Box 1207, Round Rock,
Texas 78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST: The City of Round Rock, Texas
JOANNE LAND, City Secretary
LICENSOR:
Page 3 of 4 Pages
MIKE ROBINSON, Mayor
LICENSEE:
Austin Homes, Incorporated
JAMES L. SULLINS, President
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public, this
day of , 1987, by Mike Robinson, Mayor of
the Qty of Round Rock, Texas, a Texas municipal corporation, on behalf of
said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Page 4 of 4 Pages
Notary Public, State of Texas
(Printed Name)
Commission Expires
This instrument was acknowledged before me, a notary public, this
io day of ' 1987, by James L. Sullins,
President of Austin Homes, Incorporated, on behalf of said corporation.
ed ame) Commissi on E
fission Expires-
THE STATE OF TEXAS .
COUNTY OF WILLIAMSON:
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this day of
1987, by and between the City of Round Rock, a Texas
municipal corporation (Licensor), and Austin Homes, Incorporated, its
successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in Round
Rock, Williamson County, Texas, and being more particularly described as
Lots 1 through 5 inclusive, Block B, Windy Park Subdivision, Section 1 (the
Property); and
WHEREAS, Licensee operates a subdivision sales office and model home
complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing the front
yards of the Property as well as a portion of the public right -of -way
adjacent to the Property, as indicated on Exhibit "A" (the License Parcel),
attached hereto and incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's use of
said right -of- way, since the Property and the License Parcel are located on
an otherwise undeveloped street; NOW THEREFORE, for and in
consideration of TEN and NO /100 Dollars (=10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the right to use
and maintain a security fence on the License Parcel, provided said fence
shall be constructed of open wrought iron pickets of a height no greater
than 48- inches, so as to not obstruct views in any way.
Page 1 of 4 Pages
2. The License granted herein shall be revocable by Licensor upon the
sale, lease or other transfer of one or more of the model homes, provided
such sale or lease is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or tenant. At such
time, Licensor shall give to Licensee, its successors or assigns, sixty (60)
days written notice of Licensor's intent to revoke this License. Licensee
agrees to remove said fence within sixty (60) days after receipt of such
written notice from Licensor.
3. Licensee further agrees to indemnity Licensor against liability, loss
or damage Licensor may suffer as a result of costs or judgments against
Licensor arising out of the existence of the herein described fence upon the
License Parcel, if said liability, loss or damage would not have occurred had
the herein described fence not existed upon the Licence Parcel at the time
of the occurance giving rise to the liability, loss or damage. Further,
Licensee agrees to keep in force the liability insurance policy evidenced
hereto as Exhibit "B," or any other replacement insurance policy of equal or
superior coverage, and to name the Licensor as an additional insured on
the current insurance policy or any replacement insurance policy, for the
purposes described herein.
4. The License granted herein is assignable by Licensee, its successors
and assigns, without the consent of Licensor, to any subsequent owner of
the Property, provided said subsequent owner shall not change the use of
said Property, that use being as a subdivision sales office and model home
complex. This agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and assigns.
5. This License, until its expiration or revocation, shall run with title to
the Property, and the terms and conditions hereof shall be binding on any
subsequent owners or holders thereof. Licensee shall cause any immediate
successors in interest to have factual notice of this License agreement.
6. This License shall be for a period of one year from the date herein,
but shall automatically renew for an additional one year unless Licensor
notifies Licensee of its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor elect not to renew this
License, Licensee shall remove said fence from the License Parcel within
30 -days of the expiration of this License.
Page 2 of 4 Pages
7. Neither the granting of this License, nor of any related permit,
constitutes an abandonment by the Licensor of its property, easement or
easements, or any other rights in and to the above described property.
Licensee expressly stipulates and agrees by Licensee's acceptance of this
License that Licensee neither asserts or claims any interest or right of any
type or nature whatsoever, either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in writing and shall
be deemed to have been properly delivered as of the date such notice is
hand delivered to the occupant of the Property or deposited in the United
States Mail, certified or registered mail, return receipt requested, postage
prepaid, addressed to Austin Homes, Inc., Post Office Box 1207, Round Rock,
Texas 78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST: The City of Round Rock, Texas
JOANNE LAND, City Secretary
LICENSOR:
Page 3 of 4 Pages
MIKE ROBINSON, Mayor
LICENSEE:
Austin Homes, Incorporated
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public, this
day of , 1987, by Mike Robinson, Mayor of
the Qty of Round Rock, Texas, a Texas municipal corporation. on behalf of
said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Page 4 of 4 Pages
Notary Public, State of Texas
(Printed Name)
Commission Expires
This instrument was knos/lodged before me, a notary public, this
le day of &M 4■ 1987, by James L. Sullins,
President of Austin Homes, ncorporated, on behalf of said corporation.
it k
Notary Pub ' C to of Texas
) NANCY K. HARRIS
6,a �' „� h ees
My Commission EM pires Feb - 2. 19x1
L91
wi
�DY P/
LE uIIJG10
EXHIBIT A
TO ?E PIENA MEP
LOT t LOT 4 LOT
. 5de, Iv5O fo 1 0 504
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,
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DID
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LoTI
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1AusrN HOMES
K r WP44DfWT weft >FINCE
�GALEs I =2O'
50. 00
LOT (o
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EXHIBIT A
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DY P/-AF �EGTID
TO 1?E P,ENAI`1£D
LExIhJGTO\
FENce -ss R,fr 3` FRaA i3pc ;- aF c.U2g
LOT 5 LOT 4 LOT 3
15 c�ey Imo ria 1 504
W I■17Y :_ 'PAP : FiI VE
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4'S S.L, 5'B.L:
REGiCk 4' WALK
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AusTIN HOME&
N82
G � 25.'1
A °25. Ed
e-fv2 I
A. Is. .4
DATE: April 7, 1987
SUBJECT: Council Agenda, April 9, 1987
ITEM: 15B - Consider a resolution authorizing the Mayor to
enter into a license agreement with Austin Home.
The attached license agreement will allow Austin Homes to
utilize the portion of the Windy Park Drive right -of -way
between the curb and the western right - of-way line.
Austin Has will fence the sidewalk within this part of
the right -of -way to create a model home village.
The license may be terminated an either of the two following
conditions:
1.) The sale, lease or transfer of any of the model homes
for occupancy.
2.) Thirty (30) days notice from the City prior to the
annual one (1) year renewal. date.
Austin Hones wiil indemnify the City as outlined in. Clause 3.
Confirmation of the addition of the City as co-insured should
be received prior to the signing of this License Agreement
by the Mayor.
Mayor
Mike Robinson
Mayor Pro -tem
Mike Heitigenstein
Connell Members
Glenn T. King
Pete Correa
Ronnie Jean
Charles Culpepper
Trudy L. Lee
City Manager
Jack A. Harzke
City Attorney
Donald Lee Wolf
cc: In Wolf
JMS /rc
THE CITY OF ROUND ROCK
214 East Main Street
Round Rock, Texas 78664
512- 255 -3612
MEMORANDUM
T0: Joanne Land
FROM:. Jim S
DATE: May 4, 1987
SUBJECT: Austin Has License to Use
Attached is the original Certificate of Insurance, for the
above noted License to Use for your records. This is the
coverage required by the City Attorney. Once the revised
agreements are signed by Austin Homes, the Mayor may execute
the documents.
DMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
LIMITS OF LIABILITY IN THOUSANDS (000)
EACH
OCCURRENCE
AGGREGATE
8
GENERAL LIABILITY
GLPG07132657
01/01/88
BODILY INJURY
$
® COMPREHENSIVE FORM
® PREMISES - OPERATIONS
PROPERTY DAMAGE
S
0 EXPLOSION
COLLAPSE H A NO
❑ UNDERGROUND HAZARD
® PRODUCTSICOMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
® CONTRACTUAL INSURANCE
PROPERTY DAMAGE
1,000
1 , 000
® BROAD FORM PROPERTY
DAMAGE
COMBINED
® INDEP. CONTRACTORS
® PERSONAL INJURY
PERSONAL INJURY
1,000
A
AUTOMOBILE LIABILITY
CAL946425
01/01/88
BODILY INJURY
$
(EACH PERSON)
® COMPREHENSIVE FORM
BODILY INJURY
® OWNED
(EACH ACCIDENT)
f
® HIRED
PROPERTY DAMAGE
3
® NONOWNEO
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
1,000
EXCESS LIABILITY
BODILY INJURY AND
UMBRELLA FORM
PROPERTY DAMAGE
❑ OTHER THAN UMBRELLA
FORM
COMBINED
a
$
WORKERS' COMPENSATION
and
STATUTORY
EMPLOYERS' LIABILITY
S (EACH ACCIDENT
OTHER
PHYSICAL DAM
COMP - 100.DED /COLL- 500.DED
ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
• . _ .ter. 3 .
OT
Cert ftcate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
AME AN. ADDRESS OF AGE
NORTH AMERICAN INS AGCY
14825 ST MARY'S LN #100
HOUSTON, TX 77079
AME AND ADDRESS OF INSURED
AUSTIN HOMES, INC.
P. O. BOX 1207
ROUND ROCK, TX 78680
CORD 25 0 -791
COMPANIES AFFORDING COVERAGES
COMPANY A I . N. A.
LETTER M
COMPANY B
LETTER
COMPANY f�
LETTER V
COMPANY
LETTER
COMPANY C
LETTER L
This Is to certify that policies of insurance listed below have been issued to the Mau ad named above and are In force at this time. Notwithstanding any requirement,
term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the poi ivies described
herein is subject to all the terms exciuslons and conditions of such policies.
'JJ f(,OUgh
30' CEDAR FENCE BEING CONSTRUCTED ON THE WINDY PARK SUBDIVISION ` HbME4
ITY OF ROUND ROCK BEING ADDED AS ADDITIONAL INSURED WITH RESPECTS TO
THIS SPECIFIC JOB.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing cornpany will
endeavor to mail 30 days written notice to the below named certificate holder, but failure to mall such notice shall im-
pose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF ROUND ROCK
ATTN: JAMES R. NUSE
214 E. MAIN ST.
ROUND ROCK, TX 78664
DATE ISSUED: 04/28/87
'h. edit tit s
AUTHORIZED REPRESENTATIVE
, ♦ t
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
This Agreement is made and entered into this the day
of , 1987, by and between the City of
Round Rock, a Texas municipal corporation (Licensor), and Austin
Homes, Incorporated, its successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in
Round Rock, Williamson County, Texas, and being more
particularly described as Lots 1 through 5 inclusive, Block B,
Windy Park Subdivision, Section I (the Property); and
WHEREAS, Licensee operates a subdivision sales office and
model home complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing
the front yards of the Property as well as a portion of the
public right -of -way adjacent to the Property, as indicated on
Exhibit "A" (the License Parcel), attached hereto and
incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's
use of said right -of -way, since the Property and the License
Parcel are located on an otherwise undeveloped street; NOW
THEREFORE, for and in consideration of Ten and no /100 Dollars
($10.00) and other good and valuable consideration, the receipt
pI� jl7n
fI f V n V U
by
h�7
�10-Fary
and sufficiency of which are hereby acknowledged, Licensor and
Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the
right to use and maintain a security fence on the
License Parcel, provided said fence shall be constructed
of open wrought iron pickets of a height no greater than
48- inches, so as to not obstruct views in any way.
2. The License granted herein shall be revocable by
Licensor upon the sale, lease or other transfer of one
or more of the model homes, provided such sale or lease
is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or
tenant. At such time, Licensee shall give to Licensor,
its successors and assigns, thirty (30) days written
notice of Licensee's intent to terminate this License.
Licensee agrees to remove said fence within Fifteen (15)
days after such notice.
3. Licensee further agrees to indemnify Licensor against
liability, loss or damage Licensor may suffer as a
result of costs or judgments against Licensor arising
out of the existence of the herein described fence upon
the License Parcel, if said liability, loss or damage
would not have occurred had the herein described fence
not existed upon the License Parcel at the time of the
occurrence giving rise to the liability, loss or
damage. Further, Licensee agrees to keep in force the
liability insurance policy evidenced hereto as Exhibit
"B ", or any other replacement insurance policy of equal
or superior coverage, and to name the Licensor as an
additional insured on the current insurance policy or
any replacement insurance policy, for the purposes
described herein.
4. The license granted herein is assignable by Licensee,
its successors and assigns, without the consent of
Licensor, to any subsequent owner of the Property,
provided said subsequent owner shall not change the use
of said property, that use being as a subdivision sales
office and model home complex. However, Licensee shall
notify Licensor immediately of such assignment. This
agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and
assigns.
5. This License, until its expiration or revocation, shall
run with title to the Property, and the terms and
conditions hereof shall be binding on any subsequent
owners or holders thereof. Licensee shall cause any
ATTEST:
immediate successors in interest to have factual notice
of this License agreement.
6. This License shall be for a period of one year from the
date herein, but shall automatically renew for an
additional one year unless Licensor notifies Licensee of
its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor
elect not to renew this License, Licensee shall remove
said fence from the License Parcel within thirty (30)
days of the expiration of this License.
7. Neither the granting of this License, nor of any related
permit, constitutes an abandonment by the Licensor of
its property, easement or easements, or any other rights
in and to the above described property. Licensee
expressly stipulates and agrees by Licensee's acceptance
of this License that Licensee neither asserts or claims
any interest or right of any type or nature whatsoever,
either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in
writing and shall be deemed to have been properly
delivered as of the date such notice is hand delivered
to the occupant of the Property or deposited in the
United States Mail, certified or registered mail, return
receipt requested, postage prepaid, addressed to Austin
Homes, Inc., Post Office Box 1207, Round Rock, Texas
78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
/WAIL a/r)5L
nne Land, City Secretary
LICENSOR:
THE CITY OF ROUND ROCK, TEXAS
MIKE ROBINSON, Mayor
LICENSEE:
AUSTIN HOMES, INCORPORATED
ES L. LLINS, President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public,
this day of , 1987, by Mike Robinson,
Mayor of the City of Round Rock, Texas, a Texas municipal
corporation, on behalf of said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
My Commission Expires:
This instrument was acknowledged before me, a notary public,
this the C,1 day of , 1987, by James L.
Sullins, President of Austin Hom , Incorporated, on behalf of
said corporation.
N ot d- ry t lic, State of Texas
My Commission Expires:
�S \tRt Aye %;, UANCY K W.`nS.
3� ,1 kc`.cry Y!�bL State of lean
( j F
61y Comms;icn Expires Feb. 2. 1991
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
This Agreement is made and entered into this the day
of , 1987, by and between the City of
Round Rock, a Texas municipal corporation (Licensor), and Austin
Homes, Incorporated, its successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in
Round Rock, Williamson County, Texas, and being more
particularly described as Lots 1 through 5 inclusive, Block B,
Windy Park Subdivision, Section I (the Property); and
WHEREAS, Licensee operates a subdivision sales office and
model home complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing
the front yards of the Property as well as a portion of the
public right -of -way adjacent to the Property, as indicated on
Exhibit "A" (the License Parcel), attached hereto and
incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's
use of said right -of -way, since the Property and the License
Parcel are located on an otherwise undeveloped street; NOW
THEREFORE, for and in consideration of Ten and no /100 Dollars
($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Licensor and
Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the
right to use and maintain a security fence on the
License Parcel, provided said fence shall be constructed
of open wrought iron pickets of a height no greater than
48- inches, so as to not obstruct views in any way.
2. The License granted herein shall be revocable by
Licensor upon the sale, lease or other transfer of one
or more of the model homes, provided such sale or lease
is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or
tenant. At such time, Licensee shall give to Licensor,
its successors and assigns, thirty (30) days written
notice of Licensee's intent to terminate this License.
Licensee agrees to remove said fence within Fifteen (15)
days after such notice.
3. Licensee further agrees to indemnify Licensor against
liability, loss or damage Licensor may suffer as a
result of costs or judgments against Licensor arising
out of the existence of the herein described fence upon
the License Parcel, if said liability, loss or damage
would not have occurred had the herein described fence
not existed upon the License Parcel at the time of the
occurrence giving rise to the liability, loss or
damage. Further, Licensee agrees to keep in force the
liability insurance policy evidenced hereto as Exhibit
"B ", or any other replacement insurance policy of equal
or superior coverage, and to name the Licensor as an
additional insured on the current insurance policy or
any replacement insurance policy, for the purposes
described herein.
4. The license granted herein is assignable by Licensee,
its successors and assigns, without the consent of
Licensor, to any subsequent owner of the Property,
provided said subsequent owner shall not change the use
of said property, that use being as a subdivision sales
office and model home complex. However, Licensee shall
notify Licensor immediately of such assignment. This
agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and
assigns.
5. This License, until its expiration or revocation, shall
run with title to the Property, and the terms and
conditions hereof shall be binding on any subsequent
owners or holders thereof. Licensee shall cause any
agreement on the day and year first above written.
ATTEST:
immediate successors in interest to have factual notice
of this License agreement.
6. This License shall be for a period of one year from the
date herein, but shall automatically renew for an
additional one year unless Licensor notifies Licensee of
its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor
elect not to renew this License, Licensee shall remove
said fence from the License Parcel within thirty (30)
days of the expiration of this License.
7. Neither the granting of this License, nor of any related
permit, constitutes an abandonment by the Licensor of
its property, easement or easements, or any other rights
in and to the above described property. Licensee
expressly stipulates and agrees by Licensee's acceptance
of this License that Licensee neither asserts or claims
any interest or right of any type or nature whatsoever,
either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in
writing and shall be deemed to have been properly
delivered as of the date such notice is hand delivered
to the occupant of the Property or deposited in the
United States Mail, certified or registered mail, return
receipt requested, postage prepaid, addressed to Austin
Homes, Inc., Post Office Box 1207, Round Rock, Texas
78680.
IN WITNESS WHEREOF, the parties hereto have executed this
/Yl/N 1) la/Y2CL
nne Land, City Secretary
LICENSOR:
THE CITY OF ROUND ROCK, TEXAS
MIKE ROBINSON, Mayor
LICENSEE:
AUSTIN HOMES, INCORPORATED
L. SULLINS, President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public,
this day of , 1987, by Mike Robinson,
Mayor of the City of Round Rock, Texas, a Texas municipal
corporation, on behalf of said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
My Commission Expires:
This instrument was a knowledged before me, a notary public,
this the 5 day of VV\ , 1987, by James L.
Sullins, President of Austin HorQ s, Incorporated, on behalf of
said corporation.
c, State of Texas
roexox,
NANCY K. HARMS
'} Notary Pubic. Satz or Texas
VYy Commission Expires Feb. 2. 1991
ti.�lw� =r
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
This Agreement is made and entered into this the day
of , 1987, by and between the City of
Round Rock, a Texas municipal corporation (Licensor), and Austin
Homes, Incorporated, its successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in
Round Rock, Williamson County, Texas, and being more
particularly described as Lots 1 through 5 inclusive, Block B,
Windy Park Subdivision, Section I (the Property); and
WHEREAS, Licensee operates a subdivision sales office and
model home complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing
the front yards of the Property as well as a portion of the
public right -of -way adjacent to the Property, as indicated on
Exhibit "A" (the License Parcel), attached hereto and
incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's
use of said right -of -way, since the Property and the License
Parcel are located on an otherwise undeveloped street; NOW
THEREFORE, for and in consideration of Ten and no /100 Dollars
($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Licensor and
Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the
right to use and maintain a security fence on the
License Parcel, provided said fence shall be constructed
of open wrought iron pickets of a height no greater than
48- inches, so as to not obstruct views in any way.
2. The License granted herein shall be revocable by
Licensor upon the sale, lease or other transfer of one
or more of the model homes, provided such sale or lease
is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or
tenant. At such time, Licensee shall give to Licensor,
its successors and assigns, thirty (30) days written
notice of Licensee's intent to terminate this License.
Licensee agrees to remove said fence within Fifteen (15)
days after such notice.
3. Licensee further agrees to indemnify Licensor against
liability, loss or damage Licensor may suffer as a
result of costs or judgments against Licensor arising
out of the existence of the herein described fence upon
the License Parcel, if said liability, loss or damage
would not have occurred had the herein described fence
not existed upon the License Parcel at the time of the
occurrence giving rise to the liability, loss or
damage. Further, Licensee agrees to keep in force the
liability insurance policy evidenced hereto as Exhibit
"S ", or any other replacement insurance policy of equal
or superior coverage, and to name the Licensor as an
additional insured on the current insurance policy or
any replacement insurance policy, for the purposes
described herein.
4. The license granted herein is assignable by Licensee,
its successors and assigns, without the consent of
Licensor, to any subsequent owner of the Property,
provided said subsequent owner shall not change the use
of said property, that use being as a subdivision sales
office and model home complex. However, Licensee shall
notify Licensor immediately of such assignment. This
agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and
assigns.
5. This License, until its expiration or revocation, shall
run with title to the Property, and the terms and
conditions hereof shall be binding on any subsequent
owners or holders thereof. Licensee shall cause any
immediate successors in interest to have factual notice
of this License agreement.
6. This License shall be for a period of one year from the
date herein, but shall automatically renew for an
additional one year unless Licensor notifies Licensee of
its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor
elect not to renew this License, Licensee shall remove
said fence from the License Parcel within thirty (30)
days of the expiration of this License.
7. Neither the granting of this License, nor of any related
permit, constitutes an abandonment by the Licensor of
its property, easement or easements, or any other rights
in and to the above described property. Licensee
expressly stipulates and agrees by Licensee's acceptance
of this License that Licensee neither asserts or claims
any interest or right of any type or nature whatsoever,
either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in
writing and shall be deemed to have been properly
delivered as of the date such notice is hand delivered
to the occupant of the Property or deposited in the
United States Mail, certified or registered mail, return
receipt requested, postage prepaid, addressed to Austin
Homes, Inc., Post Office Box 1207, Round Rock, Texas
78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
LICENSOR:
THE CITY OF ROUND ROCK, TEXAS
nne Land, City Secretary MIKE ROBINSON, Mayor
LICENSEE:
AUSTIN HOMES, INCORPORATED
4 11ALA ..4 ,
JPM S L. LNS, President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public,
this day of , 1987, by Mike Robinson,
Mayor of the City of Round Rock, Texas, a Texas municipal
corporation, on behalf of said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
My Commission Expires:
This instrument was acknowledged before me, a notary public,
this the 1 day of , 1987, by James L.
Sullins, President of Austin Ho s, Incorporated, on behalf of
said corporation.
, State of Texas
My Commission Expires:
NANCY K. HARRIS
•1 Notary Public, Stale of Texas
e9e My Commission Expires Feb, 7, 1991
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
This Agreement is made and entered into this the day
of , 1987, by and between the City of
' Round Rock, a Texas municipal corporation (Licensor), and Austin
Homes, Incorporated, its successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in
Round Rock, Williamson County, Texas, and being more
particularly described as Lots 1 through 5 inclusive, Block B,
Windy Park Subdivision, Section I (the Property); and
WHEREAS, Licensee operates a subdivision sales office and
model home complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing
the front yards of the Property as well as a portion of the
public right -of -way adjacent to the Property, as indicated on
Exhibit "A" (the License Parcel), attached hereto and
incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's
use of said right -of -way, since the Property and the License
Parcel are located on an otherwise undeveloped street; NOW
THEREFORE, for and in consideration of Ten and no /100 Dollars
($10.00) and other good and valuable consideration, the receipt
,r
and sufficiency of which are hereby acknowledged, Licensor and
Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the
right to use and maintain a security fence on the
License Parcel, provided said fence shall be constructed
of open wrought iron pickets of a height no greater than
48- inches, so as to not obstruct views in any way.
2. The License granted herein shall be revocable by
Licensor upon the sale, lease or other transfer of one
or more of the model homes, provided such sale or lease
is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or
tenant. At such time, Licensee shall give to Licensor,
its successors and assigns, thirty (30) days written
notice of Licensee's intent to terminate this License.
Licensee agrees to remove said fence within Fifteen (15)
days after such notice.
3. Licensee further agrees to indemnify Licensor against
liability, loss or damage Licensor may suffer as a
result of costs or judgments against Licensor arising
out of the existence of the herein described fence upon
the License Parcel, if said liability, loss or damage
would not have occurred had the herein described fence
not existed upon the License Parcel at the time of the
occurrence giving rise to the liability, loss or
damage. Further, Licensee agrees to keep in force the
liability insurance policy evidenced hereto as Exhibit
"B ", or any other replacement insurance policy of equal
or superior coverage, and to name the Licensor as an
additional insured on the current insurance policy or
any replacement insurance policy, for the purposes
described herein.
4. The license granted herein is assignable by Licensee,
its successors and assigns, without the consent of
Licensor, to any subsequent owner of the Property,
provided said subsequent owner shall not change the use
of said property, that use being as a subdivision sales
office and model home complex. However, Licensee shall
notify Licensor immediately of such assignment. This
agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and
assigns.
5. This License, until its expiration or revocation, shall
run with title to the Property, and the terms and
conditions hereof shall be binding on any subsequent
owners or holders thereof. Licensee shall cause any
4-
IN WITNESS WHEREOF, the parties hereto have executed this
6. This License shall be for a period of one year from the
date herein, but shall automatically renew for an
additional one year unless Licensor notifies Licensee of
its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor
elect not to renew this License, Licensee shall remove
said fence from the License Parcel within thirty (30)
days of the expiration of this License.
7. Neither the granting of this License, nor of any related
permit, constitutes an abandonment by the Licensor of
its property, easement or easements, or any other rights
in and to the above described property. Licensee
expressly stipulates and agrees by Licensee's acceptance
of this License that Licensee neither asserts or claims
any interest or right of any type or nature whatsoever,
either legal, equitable or otherwise in and to
Licenser's property.
8. The notice required of Licensor herein shall be in
writing and shall be deemed to have been properly
delivered as of the date such notice is hand delivered
to the occupant of the Property or deposited in the
United States Mail, certified or registered mail, return
receipt requested, postage prepaid, addressed to Austin
Homes, Inc., Post Office Box 1207, Round Rock, Texas
78680.
agreement on the day and year first above written.
ATTEST:
immediate successors in interest to have factual notice
of this License agreement.
Land, City Secretary
LICENSOR:
THE CITY OF ROUND ROCK, TEXAS
MIKE ROBINSON, Mayor
LICENSEE:
AUSTIN HOMES, INCORPORATED
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public,
this day of , 1987, by Mike Robinson,
Mayor of the City of Round Rock, Texas, a Texas municipal
corporation, on behalf of said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
My Commission Expires:
This instrument s.
trument was a nowledged before me, a notary public,
n
this the 1 day of ma , 1987, by James L.
Sullins, President of Austin H9mes, Incorporated, on behalf of
said corporation.
Not
c, State of Texas
My Commission Expires:
NANCY K. HARMS
• 1 Notary Public, State of Texas
My Commission Expires Feb. 2, 1991
THE STATE OF TEXAS
COUNTY OF W ILLIAMSON:
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this day of
1987, by and between the City of Round Rock, a Texas
municipal corporation (Licensor), and Austin Homes, Incorporated, its
successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in Round
Rock, Williamson County, Texas, and being more particularly described as
Lots 1 through 5 inclusive, Block B, Windy Park Subdivision, Section 1 (the
Property); and
WHEREAS, Licensee operates a subdivision sales office and model home
complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing the front
yards of the Property as well as a portion of the public right -of -way
adjacent to the Property, as indicated on Exhibit "A" (the License Parcel),
attached hereto and incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's use of
said right -of- way, since the Property and the License Parcel are located on
an otherwise undeveloped street; NOW THEREFORE, for and in
consideration of TEN and NO /100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the right to use
and maintain a security fence on the License Parcel, provided said fence
shall be constructed of open wrought iron pickets of a height no greater
than 48- inches, so as to not obstruct views in any way.
Page I of 4 Pages
RakAALTAc_ Q
o /
,o.
P ›c
2. The License granted herein shall be revocable by Licensor upon the
sale, lease or other transfer of one or more of the model homes, provided
such sale or lease is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or tenant. At such
time, Licensor shall give to Licensee, its successors or assigns, sixty (60)
days written notice of Licensor's intent to revoke this License. Licensee
agrees to remove said fence within sixty (60) days after receipt of such
written notice from Licensor.
3. Licensee further agrees to indemnify Licence against liability, loss
or damage Licensor may suffer as a result of costs or judgments against
Licensor arising out of the existence of the herein described fence upon the
License Parcel, if said liability, loss or damage would not have occurred had
the herein described fence not existed upon the License Parcel at the time
of the occurance giving rise to the liability, loss or damage. Further,
Licensee agrees to keep in force the liability insurance policy evidenced
hereto as Exhibit "B;' or any other replacement insurance policy of equal or
superior coverage, and to name the Licensor as an additional insured on
the current insurance policy or any replacement insurance policy, for the
purposes described herein.
4. The License granted herein is assignable by Licensee, its successors
and assigns, without the consent of Licensor, to any subsequent owner of
the Property, provided said subsequent owner shall not change the use of
said Property, that use being as a subdivision sales office and model home
complex. This agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and assigns.
5. This License, until its expiration or revocation, shall run with title to
the Property, and the terms and conditions hereof shall be binding on any
subsequent owners or holders thereof. Licensee shall cause any immediate
successors in interest to have factual notice of this License agreement.
6. This License shall be for a period of one year from the date herein,
but shall automatically renew for an additional one year unless Licensor
notifies Licensee of its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor elect not to renew this
License, Licensee shall remove said fence from the License Parcel within
30 -days of the expiration of this License.
Page 2 of 4 Pages
7. Neither the granting of this License, nor of any related permit,
constitutes an abandonment by the Licensor of its property, easement or
easements, or any other rights in and to the above described property.
Licensee expressly stipulates and agrees by Licensee's acceptance of this
License that Licensee neither asserts or claims any interest or right of any
type or nature whatsoever, either legal, equitable or otherwise in and to
Licens property.
8. The notice required of Licenser herein shall be in writing and shall
be deemed to have been properly delivered as of the date such notice is
hand delivered to the occupant of the Property or deposited in the United
States Mail, certified or registered mall, return receipt requested, postage
prepaid, addressed to Austin Homes, Inc., Post Office Box 1207, Round Rock,
Texas 78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
LICENSOR:
ATTEST: The City of Round Rock, Texas
JOANNE LAND, City Secretary
Page 3 of 4 Pages
MIKE ROBINSON, Mayor
LICENSEE:
Austin Homes, Incorporated
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public, this
day of , 1987, by Mike Robinson, Mayor of
the City of Round Rock, Texas, a Texas municipal corporation, on behalf of
said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
(Printed Name)
Commission Expires
This instrument was nowledged before me, a notary public, this
I) day of 1987, by James L. Sullins,
President of Austin Homes, Incorporated, on behalf of said corporation.
Page 4 of 4 Pages
• Notary Fubhc, State of Texas
J j My Commission Expires Feb 2, 19 "!
LOT to
EXHIBIT A
MOP. 4' WAL
t lo PLIE
LOT
t 7
F e c - E - [b se 3' F I Z M e & - of WW1
Lo? 4
I5O f'
<'S�E5.4• B.L.
locsial" irrimmes
iss.. attl:
■16.■■ Alk
600 605•
Len
1
14I1NPY 1 PRIVE , LOGw
cuRB RED. 4 WALK
1-01- 2
I5'2 '
LOTI
sacesse nePEVLI,'
N I 1?-cri') JEC 0\ E s x" r wlovoet tiff* fit'HCE
10 1?7E PIENAMEP
L
Y11\19 VILLAGE
GALE: 1 =20'
I HOMES
i,r F.:,N e In
1!i
?FILL cF TL. -.: ;NY iC1
AWL:"
When used in this policy (including endorsements forming a part hereof(:
" automobile" means a land motor vehicle, trailer or semitrailer designed for
(ravel on public roads (including any machinery or apparatus attached thereto).
but does not include mobile equipment;
"Middy injury" means bodily injury, sickness or disease sustained by any person
which occurs during the policy period, including death at any time resulting
therefrom
"collapse hazard" includes "structural property damage" as defined herein and
property damage to any other properly at any lime resulting therefrom. "Structural
property damage" means the collapse of or structural injury lo any building or
structure due to (1) grading of land, excavating, borrowing, filling, back- filling,
tunnelling, pile driving, cofferdam work or caisson work or 121 moving, shoring,
underpinning. raising or demolition of any building or structure or removal or
rebuilding oI any structural support thereon. The collapse hazard does not include
property damage (11 arising out of operations performed for the Named Insured by
independent contractors, or 121 included within the completed operations hazard
or the underground property damage hazard, or (31 for which liability is assumed
by the Insured under an incidental contract;
"completed dperaliens hazard" includes bodily injury and property damage arising
out of operations or reliance upon a representation or warranty made at any tone
with respect thereto, but only if the bodily injury or property damage occurs alter
such operations have been completed or abandoned and occurs away Irom premises
owned by or rented to the Named Insured. "Operations" include materials, parts
or equipment furnished in connection therewith. Operations shall be deemed cow
plated at the earliest of the following times:
111 when all operations to be performed by or on behold of the Named Insured
under the contract have been completed.
INA OF TEXAS, DALLAS, TEXAS
A Stock Insurance Company, herein called the Company
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all N the terms of this policy,
agrees with the Named Insured as follows:
COVERAGE
Coverage is afforded under this policy in accordance with the specific Coverage Parts Identified in the Oeclarat ons as being a part of this policy.
SUPPLEMENTARY PAYMENTS
Tne Company will pay, in addition to the applicable limit of babdiry:
(a) all expenses Incurred by the Company, all costs lased against the Insured m
any suit delended by the Company and all interest on the entire amount of any
judgment therein which accrues after entry of the judgment and belore the
Company has paid or tendered or deposited in court that part of the judgment (c)
which does not exceed the lime of the Company's liability thereon,
(b) premiums on appeal bonds required in any such suit. premiums on bonds to Id)
release attachments in any such suit for an a'nount not in excess of the
applicable limit of liabitdy of this policy, and the cost of bail bonds required
DEFINITIONS
IGOOa )TEXAS) Ptd. in U.S.A. page 1
GENERAL LIABILITY POLICY
STANDARD PROVISIONS
of the Insured because of accident or traffic law violation arising out (lithe use
of any vehicle to which This policy applies. not to exceed 1250 per bail bond,
but the Company shall have no obligation to apply for or furnish any such
bonds:
expenses incurred by the Insured for first aid to others el the time of an
accident, for bodily injury to which this policy applies:
reasonable expenses incurred by the Insured at the Company's request In
assisting the Company in the investigation or defense of any claim or auk
including actual loss of earnings 1101 to exceed $25 per day.
121 when all operations to be performed by or an behalf of the Named Insured at
the site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage arises has
been put 10 its intended use by any person or organization other than another
contractor or subconlractur engaged m performing operations for a principal
as a part of the same project.
Operations which may require further service or maintenance work, or comet.
lion, repair or replacement because of any defect or deficiency, but which are
olheewrse complete, shall be deemed completed.
The completed operations hazard does not include bodily injury or properly
damage arising out of
la) operations in connection with the transportation of property, unless the bodily
injury or properly damage arises out of a condition in or on a vehicle created
by the loading or unloading thereof,
lb) the existence of tools, uninstalled equipment or abandoned or unused mat.
rials, or
(U operations for which the classification stated in the policy or fn the Company's
manual specifies "including completed operations";
"el " means any hoisting or lowering device to connect floors or landings,
whether or not in service. and all appliances (hereof including any car, platform,
shalt, hoistway, stairway, runway, power equipment and machinery; but does not
include an automobile servicing hoist. or a hoist without a platform outside a
budding it without mechanical power or fl not attached to building walls, or a hod
or material hoist used in altealion, construction or demolition operations, or an
inclined conveyor used exclusively for carrying property or a dumbwaiter used
exclusively for carrying property and have a compartment height not exceeding
lour reel;
� )(Nt6lr B
"explosion Ward" includes property damage arising out of blasting or explosion_
The explosion hazard does not include property damage (1) arising out of the ex-
plosion of air or steam vessels, piping under pressure, prime movers, machinery
or power transmitting equipment, or 121 arising out of operations performed for
the Named Insured by independent contractors. or 13) included within the com-
pleted operations hazard or the underground properly damage hazard, or (4) for
which liability.i5 assumed by the Insured under an incidental contract;
"incidental contract" means any written (1) lease of premises. 12) easement
agreement. except in connection with construction or demolition operations on or
adjacent 10 a railroad, 131 undertaking to indemnify a municipality required by
municipal ordinance, except in connection wilh work for the municipality, (4) side-
track agreement. or (51 elevator maintenance agreement;
"Insured" means any person or organization qualifying as an Insured in the "Per-
sons Insured" provision of the applicable insurance coverage. The insurance
afforded applies separately to each Insured against whom claim is made or suit is
brought, except with respect to the limits of the Company's liability;
"mobile equipment" means a land vehicle (including any machinery or apparatus
attached thereto). whether or not self•propelled, 11) not subject to motor vehicle
registration. or (2) maintained for use exclusively on premises owned by or rented
to the Named Insured, including the ways immediately adjoining, or 131 designed
for use principally off public roads, or 141 designed or maintained lor the sole
purpose of affording mobility to equipment of the following types forming an
integral part of or permanently attached to such vehicle: power cranes. shovels.
loaders, diggers and drills; concrete mixers (other than the mix-in-transit type),
graders, scrapers, rollers and other road construction or repair equipment; air -
compressors, pumps and generators, including spraying, welding and budding
cleaning equipment; and geophysical exploration and well servicing equipment:
"Named Insured" means the person or organization named in the declarations of
this policy;
"Named Insured's products" means goods or products manufactured, sold, handled
or distributed by the Named Insured or by others (railing under his name, including
any container thereof (other than a vehicle), but "Named Insured's products" shall
not include a vending machine or any property other than such container, rented
to or located lor use of others out not sold;
DEFINITIONS CONTINUED
Page 2
"occurrence" means an accident, including continuous or repeated exposure to
conditions, which results in bodily injury or property damage neither expected nor
intended from the standpoint of the Insured;
"policy territory" means:
I1) the United Slates of America, its territories or possessions. or Canada, or
12) international waters or air space, provided the bodily injury or property dam-
age does not occur in the course of (ravel or transportation to or from any
other country, slate or nation, or
13) anywhere in the world with respect to damages because of bodily injury or
properly damage arising out of a product which was sold for use or consump-
tion within the territory described in paragraph (II above, provided the original
suit for such damages is brought within such territory;
"products hazard" includes bodily injury and property damage arising out of the
Named Insured's products or reliance upon a representation or warranty made at
any lime with respect thereto, but only it the bodily injury or properly damage
occurs away from premises owned by or rented to the Named Insured and after
physical possession of such products has been relinquished to Others;
"property damage" means ((1 physical injury to or destruction of tangible property
which occurs during the policy period, including the joss of use thereof at any
time resulting therelrom. or 12) loss of use of tangible property which has not been
physically injured or destroyed provided such loss of use is caused by an occur•
rance during the policy period;
"underground property damage hazard" includes underground properly damage as
defined herein and properly damage to any other property at any lime resulting
therefrom. "Underground property damage" means property damage to wires.
conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any
apparatus m connection therewith, beneath the surface of the ground or water.
caused by and occurring during the use of mechanical equipment for the purpose
of grading land, paving. excavating, drilling, borrowing, tilling, back -filling or pile
driving. The underground property damage hazard does not include property dam.
age (II arising out of operations performed for the Named Insured by independent
contractors. or (2) included within the completed operations hazard, or 131 for
which liability is assumed by the Insured under an incidental contract.
POLICY IS: I Ek'
NAMEL iASUREE 1S: CL .a P::r :tT AL,
EL:CUFATICN: G2N0 AL CLNI,- _LCTC — ivLNRESI0ENT 1AL CCNSTei1LCTI0N •
POLICY PEF;ICi:: FRO C1,'L1 /:7 IC 01/01/3c 12:01 A.v STANDARD TIME
AF Th. HJ;F:F_ S L - THE NA■i_L INSU.tEU AS STATED HEREIN
P F L et 1 !Jr F A Y e = h T C 0 N C 1 1 I L N S
AUCIT PERICE: ANA AL
ADVANCE PREMIUM #47,322
LESS TX MENU: •' , I. :L $8,14C
AJVANLL PREN,IUM (TC1A.I $57,1EE
P,:Ei4IUMS AESULTING E4 AL:� I7 A,, ilv AO,;171EA A17,;171[ eiLe.ETE.
C C V E R A G L. ', A N L L I M I T S ,,. . L I A B I L I T Y
THE INSURANCE AFFCRLEC I., CPLY r,1TH riESFECT 7C SUCH L + 7HE FULLCW1NG PARTS AND
COVERAGES THEREIN AS Ad:E IN.,,LATED B:LLW. TI-E LICIT OF THE COMPANY'S LIABILITY
AGAINST EACH SUCH CLVE - ,A , ,: . zI,AII nE AS STATE) HEREIN, SUBJECT TC ALL OF THE
TEit'S LE THE POLICY FLAVIN, FttENCt THEALTL..
CUVFF.AGE PARIS LIMITS LF LIABILITY
BODILY INJLPY AND PRCPEFiUY DAMAGE COMBINED
COPEREHci\SIVE GENLkAL EACH
LIABILITY INSURANLL CCCURRENCE AGGREGATE
i1,CCC,COC $1,000,000
S C R F L L L E C F L O C A I I O N S
LOCATULN NUe"BE3 ANC ACJR-S S Thu is to candy that Ih6 is s true and cored
-- _ - -- copy of the orioinalll/,/ /r /^/ A
,, — Si9C ttLNTINcLD ON NIXT PAUL) PAGE 1
1 ni7ri .; - '1 :TI Pr; — Lia0II .T`,' F I('Y
NAMED INSURED
AJSTLn FOt!'Z.,
17C :.i -PITCL OF 7LNA. HWY 2'C1
AUSTIN TX 7074
COPIES OF THIS (DOCUMENT HAVE BEEN SENT TO:
It,'SL E
8268 LATE
POLICY IDENTIFICATION
JLPI =1: 71 3 u5 7
PROOULE BILL
870206 HU
1 ilFlLARATif'DIS, - , 14. I IAITIX PUIICY
MAAADENALIma
AUSTIN HOMES, INC.
1705 CAPITOL OF TEXAS HWY 201
AUSTIN TX 78746
UAIFNT HAVE BEEN SEb1T TO:
1N5URE
8268 LATE
PROOUGER 81L4I
8702
S C H E D G L E Li L O C A T I O N S C 0 N T'D
1 1705 CAPITOL Li- TEXAS HWY 201; AUSTIN, TX 7874E
S C H E D L L E O F C O V E R A G E S
THE CLASSIFICATION AND RATING LSED IN THI5 POLICY ARE DEVELOPED BELCI, AS FOLLORS:
FIRST LINE
__--- CLASS CODE CLASSIFICATION DESCRIPTION
SECOND AND SUBSLLJ NT LINES
LOCATION COVERAGE PREMIUM BASIS CODE EXPOSURE RATE PREMIUM
WHEN USED AS A PREMIUM BASIS TFE FOLLOWING CODE DEFINITIONS APPLY:
C —TOTAL COST — PER $100 OF TOTAL COST P— PAYROLL — PER 4100 OF PAYROLL
R— RECEIPTS — PER $1000 OF RECEIPTS U —UNITS — PER UNIT
COMPREHENSIVE GENERAL LIABILITY INSURANCE
THE FOLLOWING DISCLOSES ALL HAZARDS INSURED HEREUNDER KNOYN TO EXIST AT THE
EFFECTIVE DATE OF THIS POLICY, UNLESS OTHERWISE STATED HEREIN
PREMISES — OPERATICNS HAZARD
1 -65310 1SODEL HOMES
1 BI U 8 110.6700 885
PD U 8 8.7910 70
7 -15192 CLNTRACTORS — CCNSIRUCTICN CR ERECTION —
EXECUTIVE SUPERVISORS EXERCISING SUPERVISION
THROUGH SUPERINTENDENTS AND FOREMAN — NOT DIRECT
SLP>RVI SIGN
1 81 P 200000 2.0400 4080
PO P 200000 .7970 1594
LJ — •>s :o LCC1TINUEu CN Ni:XT PAu, 1 i %AGO L
1 ilFlLARATif'DIS, - , 14. I IAITIX PUIICY
MAAADENALIma
AUSTIN HOMES, INC.
1705 CAPITOL OF TEXAS HWY 201
AUSTIN TX 78746
UAIFNT HAVE BEEN SEb1T TO:
1N5URE
8268 LATE
PROOUGER 81L4I
8702
INA
NAMED INSURED
1
ENLLriSLMENT
NOMBE , 4
GI P
PO P
SC� MEN'f HAVE BEEN SENT Tp
1N ;UnE
INA CF TL)AS
— 1 1A; IL11Y PCLLCY
AUSTIN HOMES, INC.
1705 CAPIT6L CF TEXAS HWY 201
AUSTIN IX 78746
S C H E D U L E L t C C V E R A G L S C G N T'G
7- 15191 CLLANL S — REMOVAL OF DEBRIS IN CCNNECTIUN WITH
CCNSTRUCTILN CR ERECTION
75000
75000
ESCALATL S HAZARD (NUMBER AT PREMISES/
N'i.NE ANLWN AT INCLPT1L —
CCVEREC, IF ANY EXPCSUAE, AT COMPANY'S MANUALS CF RUES AND HATES
1NUCPGNUENT CONTRACTORS HAZARC
3- 1:1291 CLNSTRUCTION CPEkATIONS — CCNTRACTOR !NCI RAIL —
RCAGS) — EXCLUDING OPERATIONS ON BOARD SHINS
JI L 825C000 .0570 4703
PJ 8250600 .0290 239i
- UOUCsS — CCMPLETEU CF0iATI0N5 hAZARC
R 15C000i;0
R 15000000
A D 11 1 L N A L C L V t.
ENi0 St:MLNT DESCPIPTIQN
ANC a2 C1AL CLNJITIGNS
IC, 08 NLXT PHUT)
.4210
S
POLICY tDENT,FICATION
:LPN bG 71 52 65 A
PR0uUCER BILLF
1.7110 1283
.9300 698
5 - 151 C CONTRACTING — OU1LDING CCNST8LCTION (NOT
rEFAE<ICATEG) — ONL L;t TWO FAMILY DWELLINS
TUTAL A VANC. PREM1UP GENCkAL LIA:.ILITY 1 .S.0, -, Ad\CL) 3C,406
PAGE
6405
14295
8.613 LATE 870206 ;
0,‘A Arc3T/INS — [:FNL
41 I IALII ITV ill I Ii Y
NAMED INSURED
AUSTIN HUMES, ANL.
170: CAPITOL OF TEXAS riirY 2C1
AUSTIN TX 78746
A .: i; 1 1 I L iv A L C L V L A u
Lu4F LEDULIiELL LIABILITY 1hSUdANCE
NCIE: SCE LivOL. FOR ANy LIMITATION if ELCUCTILLE.
TN -c IrrLL1:1t,Z LELUC11iLE AMOUNTS APPLY:
,DVL. +ACC AMOUNT ANC BASIS t?.t LEBUC[ftLL
Li:-7 i'n3
P[,us',:I;TY ;AIhAC1 82,9GC PLR Claim
Lu4r47 31;GA FL441 LOmPFLhENSIVE L CNDCRSEMEt:1 8109922
UNJLk 1HIS ENUL :i LtfiLhl 1I-L Pt;CM1UM CALLULATILN IS AS FOLLCMS:
JC.G4 Lt TOTAL CENTRAL LIABILITY c—B1 LY INJURY
Atc.: LAMAk.L FPCMIUM AS CTiEM:ISz
CLTE..NINLE
Pk =MIUM L1S1LUt1 LNELiSEMCNT — TEXAS
AMC FiiLLL4i1Nt: CLi\CiTILtS PERTAIN TO P L ,i_+ C.1`.CLUNT:
A. TABLE L 1i-XAS Ps DISCOUNT PLRELA1Ai,LS
PicLi IUM JISCL;L. +T PLRO2NTA.;E
TOTAL STAhL:Aii. AFPLICA6LE T._ TEXAS CLNEttAL
rt;LMIUM LIABILITY STANOAt.L PREMIUM
` 47, 28 17.24
E. S'.hL.LLL r POLICIES ANL PREMIUM
PLLICY ESTIMATED STAit:A;;L Pt..2MILi
LP —[3U 1132651 u47,32D
L. API'LICa35LC PRcP1t4M DISCOUNT PLRCJNTACE iiAScil UN TOTAL
EST1inATLU ALVANCt STANDARD PFLMIUM: 17.24
TOTAL ADVANCE PREMIUM (AJDIIILNAL COVERAGE) a1O,922
P H L I U E S U M M I Y I N r Ci R M A T I O N
COMPREHENSIVE GEtuCKAL LIABILITY INSURANCE
ADDITIONAL CCVEHAGES
TOTAL ACVANCE PREMIUM
(CONTINUED EN NLXT PACLI
CO TH15 NAVE BEEP? SENTTO•
1 I PIES NSU 9tC
a4 SLATE
POLICy IDENTIFICATION
GLPII "0 11 32 65 71
PRODUCER 8I1LE
O u N T'i;
36,4U6
$10,922
447,328
IN
NAMED INSURED
COPIES OF THIS
INSURE
OCI1MFNi HAVE BEEN SEAT TO:
INA fE T xi
1 i _..:7 I N - ra h t, ; i,;F :TY P,LCY
AUSTIN HOMES, INC.
1705 CAPITLL OF TEXAS HhY 2 I
AUSTIN IX 7674(
S26$ LA
POLICY IDENTIFICATION
GLPI
I Gj 71 2 65 7I
PRUi:U&:Eh Siu.t
6 ,: P S A N D E A D U R f t_ N T S
FUKP S ARC LA . 4.ir1J ATTA:. - L IC PCLICY AT INCEPT ITN:
1.0-i GENERAL LIAE. ST E. PRCV. JACKET
LO-L.;1:72 CLPPREHENSIVE GLALRAL LIABILITY INS.
GL -0i1I CAACGLLA - 11EN & NENALNEhAL PRUVISICNS -TX
GL -1.1U3 AF':cNDATWRi ENED.:SLM.ih7- NOTICE (1LXAS)
SIAGL LIYI2 ,t. LIP(- SINGLE AGGREGATE
LO- CEELLTIDLE LIABILITY INSURANCE
Liz -4F47A i3RUAD FCRM CUMPRET,ENSIVE G L LNCUi:SEMENT
LO-4F48A likCAD FLR10 COMPREHENSIVE G L ENDLRSEMENT
LU-4Fi3 PREMIUM DISCOUNT ENDCRSEMENT - TEXAS
1L -CS28 PCLLUTLUN EXCLUSIEN EADLRSEMENI
THIS .L AND t.OVEAi,E PARTIS), iITh PCLICY STAICARJ PROVISILN: AND
ENDORSEMENTS, IF ANY, ISSUEC TL FORM A PART THEREOF, COMPLETES THE ABCVE
NUMBERED POLICY.
JURIAG THE PAST TWEE YEARS N, INSURER HAS CANCELLED INSURANCE, ISSULE TL [H
NAMEC INSUREC, SIMILAR TO THAT AfFURUEU HEREUNDER, UNLESS ;OTHERWISE STATED
hE k E IN.
UGUNTERSIGNEC AT: 3.4 /,n AUTHLIRIZED AGENT: 2
DATE:
L0-`496 (LAST PAGE)
PAGE ti
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
As respects bodily injury liability coverage and property damage liability coverage, unless the company is prejudiced by the insured's failure to comply with
the requirement, any provision of this policy requiring the Insured to give notice of action, occurrence or loss, or requiring the insured to forward demands,
notices, summons or other legal process, shall not bar liability under this policy.
GL 01 03 05 73
GENERAL LIABILITY
AMENDATORY ENDORSEMENT — NOTICE
(Texas)
GL 01 03
(Ed. 05 73)
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the policy relating to the following:
COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE
COMPREHENSIVE GENERAL LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
DRUGGISTS LIABILITY INSURANCE
FARM LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
POLLUTION LIABILITY INSURANCE
STOREKEEPERS LIABILITY INSURANCE
GL 02 11 04 86
GL0211
(Ed 04 86)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless
otherwise stated 'herein. (The following information is required only when this endorsement is issued subsequent
to preparation of policy.)
Endorsement effective Policy No. Endorsement No
Named Insured Countersigned by
(Authorized representative)
CANCELLATION AND NONRENEWAL PROVISIONS
(Texas)
1. It is agreed that the first paragraph of the "Cancellation" Condition is replaced by the following:
This policy may be cancelled by the insured named in item 1 of the declarations by surrender thereof to the
company or any of its authorized agents or by mailing to the company written notice stating when thereafter the
cancellation shall be effective.
This policy may be cancelled by the company by mailing to the insured named in item 1 of the declarations at the
address shown in this policy, written notice stating when not less than forty -five days thereafter such cancellation
shall be effective, except:
a. Upon failure of the named insured to discharge his obligation in the payment of premium for the policy or
any installment thereof, whether payable directly to the company or its agents or indirectly under any
premium finance plan or extension of credit, the company may cancel the policy by mailing written notice to
the named insured at least ten days prior to the effective date of cancellation;
b. Upon a substantial change in operations resulting in an increase in exposure within the control of the
insured which would produce an increase in rate, the company may cancel the policy by mailing written
notice to the named insured at least ten days prior to the effective date of cancellation;
c. Upon a determination by the State Board of Insurance that the continuation of the policy would violate or
place the company in violation of the Insurance Code, the company may cancel the policy by mailing written
notice to the named insured at least ten days prior to the effective date of cancellation;
d. Where a company has been placed in supervision, conservatorship, or receivership, the company may
cancel a policy by mailing written notice to the named insured at least ten days prior to the effective date of
cancellation upon approval or at the direction of the supervisor, conservator or receiver; or
e. On a new policy, not a renewal in the same company, a company may cancel within sixty days of the initial
effective date of the policy by mailing written notice to the named insured at least ten days prior to the
effective date of cancellation.
The company may comply with this provision by requiring or permitting its agent to notify the policyholder.
However, the responsibility of giving notice to the named insured remains with the company if the agent fails to
carry out its instructions to notify the named insured.
The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and
hour of cancellation stated in the notice shall become the end of the policy period. Delivery cif such written notice
either by the named insured or by the company shall be equivalent to mailing.
Copyright, Insurance Services Office, Inc. . 1986 Page 1 of 2
2. The following Condition is added:
NONRENEWAL
If the company elects not to renew this policy, it shall mail to the insured named in item 1 of the declarations, at the
address shown in this policy, written notice of such nonrenewal not less than forty -five days prior to the expiration
date, except where a company has been placed in supervision, conservatorship, or receivership, the company may
decline renewal of a policy by mailing written notice to the named insured at least ten days prior to the expiration
date upon approval or at the direction of the supervisor, conservator or receiver.
The company may comply with this provision by requiring or permitting its agent to notify the policyholder.
However, the responsibility of giving notice to the named insured remains with the company if the agent fails to
carry out its instructions to notify the named insured.
The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and
hour of nonrenewal stated in the notice shall become the end of the policy period. Delivery of such written notice by
the company shall be equivalent to mailing.
GL 02 1104 86 Copyright, Insurance Services Office, Inc., 1986 Page 2 of 2
IL 09 28
(Ed. 6-85)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of poky.)
Endorsement effective Policy No. Endorsement No.
Countersigned by
Named Insures
POLLUTION EXCLUSION
IL 09 28 06 85 Copyright, Insurance Services Office, Inc., 1985
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
BUSINESSOWNERS POLICY
COMPREHENSIVE GENERAL LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
STOREKEEPERS INSURANCE
It is agreed that the exclusion relating to the discharge, dispersal, release or escape of smoke, vapors. soot,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollu-
tants is replaced by the following:
(1) to bodily Injury or property damage arising out of the actual, alleged or threatened discharge, dispersal,
release or escape of pollutants:
(a) at or from premises owned, rented or occupied by the named insured;
(b) at or from any site or location used by or for the named insured or others for the handling, storage,
disposal, processing or treatment of waste;
(c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or
for the named Insured or any person or organization for whom the named insured may be legally
responsible; or
(d) at or from any site or location on which the named insured or any contractors or subcontractors
working directly or indirectly on behalf of the named insured are performing operations:
(i) if the pollutants are brought on or to the site or location in connection with such operations; or
(ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize
the pollutants.
(2) to any loss, cost or expense arising out of any governmental direction or request that the named insured
test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
INA AMENDMENT — LIMITS LIABILITY
(Single Limit)
(Policy Aggregate Limit)
Named Insured
Effective Policy Number
Issued By (Name of Insurance Company/
The above is required la be completed only when this endorsement is issued subsequent to the preparation of the policy.
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
It is agreed that the provisions of the policy captioned "LIMITS OF LIABILITY" relating to Bodily Injury Liability and
Property Damage Liability are amended to read as follows:
LIMITS OF LIABILITY
Regardless of the number of 111 Insureds under this policy, (21 persons or organizations who sustain bodily injury or
property damage, or 13) claims made or suits brought on account of bodily injury or property damage, the Company's
liability is limited as follows:
Bodily Injury Liability and Property Damage Liability:
(al The Limit of liability stated in the declarations of this policy as applicable to "each occurrence" is the total limit of
the Company's liability for all damages including damages for care and loss of services because of bodily injury
and property damage sustained by one or more persons or organizations as a result of any one occurrence, pro-
vided that with respect to any occurrence for which notice of this policy is given in lieu of security, or when this
policy is certified as proof of financial responsibility under the provisions of the Motor Vehicle Financial Respon-
sibility Law of any state or province, such limit of liability shall be applied to provide the separate limits required by
such law for Bodily Injury Liability and Property Damage Liability to the extent of the coverage required by such
law, but the separate application of such limit shall not increase the total limit of the Company's liability.
Ib1 If an aggregate amount is stated in the declarations, then, subject to the above provision respecting "each oc-
currence" the total liability of the Company for all damages because of all bodily injury and property damage
which occurs during each annual period while this policy is in force commencing from its effective date, shall not
exceed the limit of liability stated in the declarations of this policy "aggregate ".
Id For the purpose of determining the limit of the Company's liability, all bodily injury and property damage arising
out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising
out of one occurrence.
Authorized Agent
D -4r15a Pid. in U.S.A. IGt 9916 Ed. 03 811
INA
Named Insured
DEDUCTIBLE LIABILITY INSURANCE
Ellecnve Polley Number
Issued By (Name of Insurance Company)
It Is agreed that
the above is required to be completed only when this endorsement is issued subsequent to 150 Orel
Authorised Agent
iu. of t polic
This endorsement modifies such Insurance as is afforded by the provisions of the policy relating to the lollowmg-
COMPREHENSIVE GENERAL LIABILITY INSURANCE
COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS LANDLORDS AND TENANTS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
1 The company's obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the insured,
applies only to the amount of damages in excess of any deductible amounts stated in the policy declarations as applicable to such coverages,
and the limit of liability shown in the policy declarations as being applicable to each occurrence" for such coverages shall be reduced by the
amount of such deductible. The limit of liability shown in the policy declarations as "aggregate," if any, for such coverages shall not be reduced
by the application of such deductible amount.
2. The deductible amounts stated in the policy declarations apply as follows.
le) PER CLAIM BASIS — if the deductible is on a per claim" basis, the deductible amount applies under the Bodily Injury Liability or Proper-
ty Damage Liability Coverage, respectively, to all damages because of bodily injury sustained by one person, or to all propel ty damage
sustained by one person or organization, as the result of any one occurrence.
dal PER OCCURRENCE BASIS — it the deductible is on a "per occurrence" basis, the deductible amount applies under the Bodily 1111016
Liability or Property Damage Liability Coverage, respectively, to all damages because o1 all bodily injury or property damage as the result of
any one occurrence, regardless of the number of persons or organizations who sustain damages because of that occurrence.
3. The terms of the policy, including those with respect to lel the company's tights and duties with respect to the defense of suits and (bl the rm
sured's duties in the event of an occurrence apply irrespective of the application of the deductible amount
4. The company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action
taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company
APPLICATION OF ENDORSEMENT (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles
apply to all loss however caused):-
L D -4 F35bI G L 03 00 Ed. 07/811
•
BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT
Named Insured
Elfeclive Policy Number
Issued By (Name of Insurance Company/
The above is required to be completed only when this endarsement is issued subsequent to the preparation of the policy.
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated
herein.
SCHEDULE
Personal Injury and Advertising Injury Liability
Aggregate Limit shall be the per occurrence bodily injury liability limit unless otherwise indicated herein.
Limit of Liability $ Aggregate
Limit of Liability — Premises Medical Payments Coverage: $1,000 each Person unless otherwise indicated herein.
$ each person
Limit of Liability — Fire Legal Liability Coverage: 550,000 per occurrence unless otherwise indicated herein:
$ per occurrence
CONTRACTUAL LIABILITY COVERAGE (31 if the indemnitee of the Insured is an architect, engineer
IA) The definition of incidental contract is extended to include or surveyor, to the liability of the indemnitee, his agents
any oral or written contract or agreement relating to the con- or employees, arising out of
duct of the Named Insured's business. laj the preparation cr approval or the failure to prepare or
181 The insurance afforded with respect to liability assumed approve maps, drawings, opinions, reports, surveys,
under an incidental contract is subject to the following change orders, designs or specifications, or
additional exclusions (b) the giving of or the failure to give directions or instruc-
11) to bodily inluiy or property damage for which the Insured tions by the indemnitee, his agents or employees,
provided such giving or failure to give is the primary assumed liability under any incidental contract, d such
injury or damage occurred prior to the execution of the cause of the bodily injury or property damage.
incidental contract; (4) to any obligation for which the Insured may he held liable
121 if the Insured is an architect, engineer or surveyor, to in an action on a contract by a third party beneficiary for
bodily injury or property damage arising out of the bodily injury or property damage arising out of a pi eject
rendering of or the failure to render professional services for a public authority; but this exclusion does not apply to
by such Insured, including an action by the public authority or any other person or
organization engaged in the project.
1al the preparation or approval of maps, drawings, opin-
ions, reports, surveys, change orders, designs or 151 to bodily injury or property damage arising out of con -
specifications, and struction or demolition operations, within 50 feet of any
lb) supervisory, inspection or engineering services: railroad property, affecting any railroad bridge or trestle,
tracks, road beds, tunnel, underpass or crossing; but
NOTE: This endorsement, in its entirety, consists of this exclusion does not apply to sidetrack agreements.
Forms LD -4F47b and LD- 4F48a-
LD-4F47b (GL 0404 Ed, 3 -811
Page 1 014
' underpass or crossing; but this exclusion does not apply
to sidetrack agreements.
(C) The following exclusions applicable to Coverages A (Bodily
Injury) and B (Property Damage) do not apply to this Contrac-
tual Liability Coverage: )b), (c), (2). (d) and (e).
ID) The following additional condition applies:
Arbitration
The Company shall be entitled to exercise all of the Insured's
rights in the choice of arbitrators and in the conduct of any
arbitration proceeding.
11. PERSONAL INJURY AND ADVERTISING
INJURY LIABILITY COVERAGE
(A) The Company will pay on behalf of the Insured all sums which
the Insured shall become legally obligated to pay as damages
because of personal injury or advertising injury to which this
insurance applies, sustained by any person or organization
and arising out of the conduct of the Named Insured's
business, within the policy territory, and the Company shall
have the right and duty to defend any suit against the Insured
seeking damages on account of such injury, even if any of the
allegations of the suit are groundless, false or fraudulent, and
may make such investigation and settlement of any claim or
suit as it deems expedient, but the Company shall not be
obligated to pay any claim or judgment or to defend any suit
alter the applicable limit of the Company's liability has been
exhausted by payment of judgments or settlements.
IB) This insurance does not apply:
I1) to liability assumed by the Insured under any contract or
agreement;
12) to personal injury or advertising injury arising out of the
willful violation of a penal statute or ordinance committed
by or with the knowledge or consent of the Insured;
(3) to personal injury or advertising injury arising out of a
publication or utterance of a libel or slander, or a publica-
tion or utterance in violation of an individual's right of
privacy, if the first injurious publication or utterance of the
same or similar material by or on behalf of the Named
Insured was made prior to the effective date of this
insurance;
(4) to personal injury or advertising injury arising out of libel
or slander or the publication or utterance of d elamatory or
disparaging material concerning any person or organiza-
tion or goods, products or services, or in violation of an
individual's right to privacy, made by or at the direction of
the Insured with knowledge of the falsity thereof;
(51 to personal injury or advertising injury arising out of the
conduct of any partnership or joint venture of which the
Insured is a partner or member and which is not desig-
nated in the declarations of the policy as a Named Insured;
(6113 advertising injury arising out of
(a) failure of performance of contract, but this exchision
does not apply to the unauthorized appropriation of
ideas based upon alleged breach of implied contract, or
(b) infringement of trademark, service mark or trade name,
other than titles or slogans, by use thereof on or in
connection with goods, products or services sold,
offered for sale or advertised, or
(d incorrect description or mistake in advertised price of
goods, products or services sold, offered for sale or
advertised;
17) with respect to advertising injury
(a) to any Insured in the business of advertising, broad-
casting- publishing or telecasting, or
(b) to any injury arising out of any act committed by the
Insured with actual malice.
(C) Limits of Liability
Regardless of the number of (11 Insureds hereunder, (2)
persons or organizations who sustain injury or damage, or 431
claims made or suits brought on account of personal injury or
advertising injury the total limit of the Company's liability
under this coverage for all damages shall not exceed the limit
of liability stated in the declarations as subject to this en-
dorsement, or in the schedule of this endorsement, as
"aggregate ".
Pa
Additional Definitions
"Advertising Injury" means injury arising out of an offense
committed during the policy period occurring in the course of
the Named Insured's advertising activities, if such injury
arises out of libel, slander, defamation, violation of right of
privacy, piracy, unfair competition, or infringement of
copyright, title or slogan.
'Personal Injury" means injury arising out of one or more of
the following offenses committed during the policy period:
I. false arrest, detention, imprisonment, or malicious pros-
ecution;
2. wrongful entry or eviction or other invasion of the right of
private occupancy;
3. a publication or utterance
la) of a libel or slander or other defamatory or dispar-
aging material , or
)b) in violation of an individual's right of privacy;
except publications or utterances in the course of or related
to advertising, broadcasting, publishing or telecasting ac-
tivities conducted by or on behalf of the Named Insured shall
not be deemed personal injury.
III. PREMISES MEDICAL PAYMENTS COVERAGE
The Company will pay to or for each person who sustains bodily
injury caused by accident all reasonable medical expense in-
curred within one year from the date of the accident on account
of such bodily injury, provided such bodily injury arises out of (a)
a condition in the insured premises or (b( operations with
respect to which the Named Insured is afforded coverage for
bodily injury liability under the policy.
This insurance does not apply:
(Al to bodily injury
(11 arising out of the ownership, maintenance, operation,
use, loading or unloading of
la) any automobile or aircraft owned or operated by or
rented or loaned to any insured. or
(hl any other automobile or aircraft operated by any per-
son in the course of his employment by any insured;
but this exclusion does not apply to the parking of an
automobile on the insured premises, if such automobile is not
owned by or rented or loaned to any insured;
12) ansrng out of
(al the ownership, maintenance, operation, use, loading
or unloading of any mobile equipment while being used in
any prearranged or organized racing, speed or demolition
contest or in any stunting activity or in practice or prepara-
tion for any such contest or activity, or
(b) the operation or use of any snowmobile or trailer
designed for use therewith;
bl owned or operated by or rented or loaned to any in-
sured, or
(a) operated by any person in the course of his employ-
ment by any insured;
131 arising out of the ownership, maintenance, operation,
use, loading or unloading of
(a) any watercraft owned or operated by or rented or loan-
ed to any insured, or
I bl any other watercraft operated by any person in the
course of his employment by any insured
bul this exclusion does not apply to watercraft while
ashore on the insured premises;
141 arising out of and in the course of the transportation of
mobile equipment by an automobile owned or operated by or
rented or loaned to the named insured,
IB) to bodily injury
(1) included within the completed operations hazard or the
products hazard;
(2) arising out of operations performed for the Named In-
sured by independent contractors other than
(a) maintenance and repair of the insured premises or
(b) structural alterations at such premises which do not
involve changing the size of or moving buildings or
other structures;
ge2o14
(3) resulting from the selling, serving or giving of any al-
coholic beverage
(al in violation of any statute, ordinance or regulation,
(6) to a minor,
Ic( to a person under the influence-of alcohol, or
(d) which causes or contributes to the intoxication of any
person,
if the Named Insured is a person or organization
engaged in the business of manufacturing, distribut-
ing, selling or serving alcoholic beverages, or it not so
engaged, is an owner or lessor of premises used for
such purposes, but only part (al of this exclusion (B) (3)
applies when the Named Insured is such an owner or
lessor;
(4) due to war, whether or not declared, civil war, insurrec-
tion, rebellion or revolution, or to any act or condition
incident to any of the foregoing;
IC) to bodily injury
(1) to the Named Insured, any partner therein, any tenant or
other person regularly residing on the insured premises
or any employee of any of the foregoing if the bodily injury
arises out of and in the course of his employment there-
with;
(2) to any other tenant if the bodily Injury occurs on that part
of the insured premises rented from the Named Insured
or to any employee of such a tenant if the bodily uyury
occurs on the tenant's part of the insured premises and
arises out al and in the course of his employment for the
tenant;
(3) to any person while engaged in maintenance and repair of
insured premises or alteration, demolition or new con-
struction at such premises;
(4) to any person if any benefits for such bodily Injury are
payable or required to be provided under any workmen's
compensation, unemployment compensation or disability
benefits jaw, or under any similar law_
(5) to any person practicing, instructing or participating in
any physical training, sport, athletic activity or contest
whether on a formal or informal basis.
(6) if the Named Insured is a club, to any member of the
Nained Insured.
(7) if the Named Insured is a hotel, motel, or tourist court, to
any guest of the Named Insured.
ID) to any medical expense for services by the Named In-
sured, any employee, thereof or any person or organiza-
tion under contract to the Named Insured to provide such
services.
LIMITS OF LIABILITY
The limit of liability for Premises Medical Payments Coverage is
$1,000 each person unless otherwise stated in the schedule of
this endorsement. The limit of liability applicable to "each per-
son ", is the limit of the Company's liability for all medical expense
for bodily Injury to any one person as the result of any one
accident; but subject to the above provision respecting "each
person", the total liability of the Company under Premises Medi-
cal Payments Coverage for all medical expense for bodily injury
to two or more persons as the result of any one accident shall
not exceed the limit of bodily injury liability stated in the policy as
applicable to "each occurrence`.
When more than one medical payments coverage afforded by
the policy applied to the loss, the Company shall not be liable for
more than the amount of the highest applicable limit of liability,
BROAD FORM COMPREHENSIVE GENERAL LIABILITY
ENDORSEMENT (continued)
ADDITIONAL DEFINITIONS
When used herein:
"insured premises" means all premises owned by or rented to
the Named Insured with respect to which the Named Insured is
afforded coverage for bodily injury liability under this policy, and
includes the ways immediately adjoining on land;
"medical expense" means expenses for necessary medical, sur-
gical, x-ray and dental services, including prosthetic devices, and
necessary ambulance, hospital, professional nursing and funeral
services.
LD - 41400 IOL 0404 00 3 011 Page 3 of
ADDITIONAL CONDITION
Medical Reports; Proof and Payment of Claim
As soon as practicable the injured person or someone on his
behalf shall give to the Company written prool 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 organiza-
tion rendering the services and the payment shall reduce the
amount payable hereunder for such injury. Payment hereunder
shall not constitute an admission of liability of any person or,
except hereunder, of the Company
IV. HOST LIQUOR LAW LIABILITY COVERAGE
Exclusion (h) does not apply with respect to liability of the
Insured or his indemnitee arising out of the giving or serving of
alcoholic beverages at functions incidental to the Named In-
sured's business, provided the Named Insured is not engaged in
the business of manufacturing, distributing, selling or serving of
alcoholic beverages.
•
V. FIRE LEGAL LIABILITY COVERAGE — REAL PROPERTY
With respect to property damage to structures or portions
thereof rented to or leased to the Named Insured, including
fixtures permanently attached thereto, if such property damage
arises out of fire;
(A) All of the exclusions of the policy, other than the Nuclear
Energy Liability Exclusion (Broad Form), are deleted and
replaced by the following:
This insurance does not apply to liability assumed by
the Insured under any contract or agreement,
(B) The limit of property damage liability as respects this Fire
Legal Liability Coverage —Real Property is $50,000 each oc-
currence unless otherwise stated in the Schedule of this
endorsement.
(CI The Fire Legal Liability Coverage -- -Real Properly shall be
excess insurance over any valid and collectible property
insurance (including any deductible portion hereof), available
In the Insured, such as, but not limited to, Eire, Extended
Coverage, Builder's Risk Coverage or Installation Risk Cov-
erage, and the Other Insurance Conditions of the policy is
amended accordingly.
VI. BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE
(Including Completed Operations)
The insurance for property damage liability applies, subject to
the following additional provisions:
(Al Exclusions (k) and lo) are replaced by the following:
(1) to property owned or occupied by or rented to the In-
sured, or, except with respect to the use of elevators, to
property held by the Insured for sale or entrusted to the
insured for storage or safekeeping.
121 except with respect to liability under a written sidetrack
agreement or the use of elevators
(a) to property while on premises owned by or rented to
the Insured for the purpose of having operations per-
formed on such property by or on behalf of the In-
sured,
(b( to tools or equipment while being used by the Insured
in performing his operations,
lc) to property in the custody of the Insured which is to he
installed, erected or used in construction by the In-
sured,
(dl to that particular part nl any property, not on premises
owned by or rented to the Insured,
(I) upon which operations are being performed by or
on behalf of the Insured at the time of the prop-
erty damage arising out of such operations, or
(ii) out of which any property damage arises, or
(iii) the restoration, repair or replacement of which
has been made or is necessary by reason of faulty
workmanship thereon by or on behalf of the In-
sured;
(31 witIr respect to the completed operations hazard and with
respect to any classification stated in the policy or in the
Company's manual as "including completed operations',
to property damage to work performed by the Named
Insured arisng out of such work or any portion thereof, or
out of such materials, parts or equipment furnished in
connection therewith,
113) The Broad Form Property Damage Liability Coverage shall
be excess insurance over any valid and collectible prop-
erty insurance (including any deductible portion thereof)
available to the Insured, such as, but not limited to, Fire,
Extended Coverage, Builder's Risk Coverage or Installa-
tion Risk Coverage, and the Other Insurance Condition of
the policy is amended accordingly.
VIL INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE
The definition of bodily injury is amended to include Incidental
Medical Malpractice Injury.
Incidental Medical Malpractice Injury means injury arising out of
the rendering of or failure to render, during the policy period, the
following services:
(A) medical, surgical, dental, x -ray or nursing service or treat-
ment or the furnishing of food or beverages in connection
therewith; or
(B) the furnishing or dispensing of drugs or medical, dental or
surgical supplies or appliances.
This coverage does not apply to:
(1) expenses incurred by the Insured for first -aid to others at
the time of an accident and the "Supplementary Pay-
ments" provision and the "Insured's Duties in the Event of
Occurrence, Claim or Suit" Condition are amended accord-
ingly; or
(2) any Insured engaged in the business or occupation of
providing any of the services described under VII (A) and
(B) above.
(3) injury caused by any indemnitee if such Indemnitee is
engaged in the business or occupation of providing any of
the services described under VII IA) and (B( above,
VIII. NON-OWNED WATERCRAFT LIABILITY COVERAGE
(under 26 feet in length)
Exclusion (e) does not apply to any watercraft under 26 feet in
length provided such watercraft is neither owned by the Named
Insured nor being used to carry persons or property fora charge.
Where the Insured is, irrespective of this coverage, covered or
protected against any loss or claim which would otherwise have
been paid by the Company under this endorsement, there shall
be no contribution or participation by this Company on the basis
of excess, contributing, deficiency, concurrent, or double insur-
ance or otherwise.
IX. LIMITED WORLDWIDE UABILITY COVERAGE
The definition of policy territory is amended to include the
following
Page 4 of 4
14) Anywhere in the world witft respect to bodily injury,
property damage, personal injury or advertising injury
arising out of the activities of any Insured permanently
domiciled in the United States of America though tem-
porarily outside the United States of America, its ter-
ritories and possessions or Canada, provided the original
suit for damages because of any such injury or damage is
brought within the United States of America, its ter-
ritories or possessions or Canada.
Such insurance as is afforded by paragraph (4) above shall not
apply:
(a) to bodily injury or property damage included within the
completed operations hazard or the products hazard;
(b( to premises medical payments coverage_
X. ADDITIONAL PERSONS INSURED
As respects bodily injury, property damage and advertising injury
and personal injury coverages, under the provision "Persons
Insured ", the following are added as insureds:
IA) Spouse— Partnership - the Named Insured is a partner-
ship, the spouse of a partner but only with respect to the
conduct of the business of the Named Insured.
I8) Employee —Any employee )other than executive officersl of
the Named Insured while acting within the scope of his duties
as such, but the insurance afforded to such employee does
not apply:
(a) to bodily injury or personal injury to another employee
of the Named Insured arising out of or in the course of
his employment;
lb) to personal injury or advertisng injury to the Named
Insured or, if the Named Insured is d partnership or
joint venture. any partner or member thereof, or the
spouse of any of the foregoing;
(c) to property damage to property owned, occupied or
used by, rented to, in the care, custody or control of or
over which physical control is being exercised for any
purpose by another employee of Named Insured, or by
the Named Insured or, if the Named Insured is a
partnership of joint venture, any partner or member
thereof or by the spouse of any of the foregoing.
XIL. EXTENDED BODILY INJURY COVERAGE
The definition of occurrence includes any intentional act by or at
the direction of the Insured which results in bodily injury, if such
injury arises solely from the use of reasonable force for the
purpose of protecting persons or property.
XII. AUTOMATIC COVERAGE — NEWLY ACQUIRED
ORGANIZATIONS (90 DAYS)
The word Insured shall include as Named Insured any organiza-
tion which is acquired or formed by the Named Insured and over
which the Named Insured maintains ownership or majority in-
terest, other than a joint venture, provided this insurance does
not apply to bodily injury, property damage, personal injury and
advertising injury with respect to which such new organization
under this policy is also an Insured under any other similar
liability or indemnity policy or would be an Insured under any
such policy but for exhaustion of its limits of liability. The insur-
ance ahorded hereby shall terminate 90 days Irom the date any
such organization is acquired or formed by the Named Insured_
Aur!woad Agent
(End)
PREMIUM DISCOUNT ENDORSEMENT —TEXAS
(General Liability Insurance)
Named Insured
Effective t Policy Number
t
Issued BY (Name of Insurance Company)
The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
It is agreed that the premium pertaining to Texas for General Liability and Medical Payments insurance is subject to
discount in accordance with the following procedure:
1. Texas General Liability Standard Premium. Such premiurn pertaining to Texas computed in accordance with the
provisions of the policies designated in the declarations as subject to Premium Discount, other than this endorsement
and exclusive of the application of any retrospective rating plan, shall be known as the Texas General Liability Standard
Premium.
2. Total Standard Premium for All States. The General Liability and Medical Payments Premium computed in accordance
with the provisions of the policies designated in the declarations as subject to Premium Discount, other than this
endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment
Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endorsement, shall be known as the
Total Standard Premium.
3. Premium Discount— Texas.
(a) For policy periods of one year or less —The Texas General Liability Standard Premium shall be subject to the
applicable discount percentages for the Total Standard Premium obtained from the Table of "Texas Premium
Discounts (General Liability) ".
(b) For policy periods of more than one year —The Texas General Liability Standard Premium for each annual period or
portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table
of "Texas Premium Discounts (General Liability)" opposite the Total Standard Premium for the policies for each
such period or portion thereof during the policy period.
(c) If retrospective rating is applicable to a part of the premium pertaining to Texas, the amount of premium discount
applicable to the Texas General Liability Standard Premium, exclusive of any premium subject to any Retrospective
Rating Plan, shall be the difference between (1) the discount determined by applying to the Texas General Liability
Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium, and (2)
the discount determined by applying to that portion of the Texas General Liability Standard Premium which is
subject to retrospective rating the applicable percentage stated in said Table opposite so much of the Total Standard
Premium as is subject to retrospective rating.
Authorized Agent
LD -7F93 Prd in U.S.A.
COMPREHENSIVE GENERAL LIABILITY INSURANCE
COVERAGE PART
1. COVENAGE A— BODILY INJURY UABILIYY
COVERAGE B— PROPERTY RAMIE LIABILITY
The Company will pay on behalf of the Insured all sums which the Insured
shall become legally obligated to pay as damages because of
A. bodily injury or
B. property damage
to which this insurance applies, caused by an occurrence and the Company
shall have the right and duty to defend any suit against the Insured seeking
damages on account of such bodily injury or property damage, even it any
of the allegations of the suit are groundless. false or fraudulent, and may
make such investigation and settlement of any claim or suit as it deems
expedient, but the Company shall not be obligated to pay any claim or judg•
ment or to defend any suit after the applicable limit of the Company's liability
has been exhausted by payment of judgments or settlements.
Exclusions
This insurance does not apply:
la) to liability assumed by the Insured under any contract or agreement
except an incidental contract; but this exclusion does not apply to a
warranty of fitness or quality of the Named Insured's products or a war•
ranty that work performed by or on behalf of the Named Insured will be
done in a workmanlike manner;
lb) to bodily injury or property damage arising out of the ownership, mainte.
nonce. operation, use, loading or unloading of
(1) any automobile or aircraft owned or operated by or rented or loaned to
any Insured, or
121 any other automobile or aircraft operated by any person in the course
of his employment by any Insured;
but this exclusion does not apply to the parking of an automobile on prem-
ises owned by, rented to or controlled by the Named Insured or the ways
immediately adjoining, if such automobile is not owned by or rented or
loaned to any Insured;
Icl to bodily injury or property damage arising out o1 (1) the ownership.
maintenance, operation, use, loading or unloading of any mobile equip.
ment while being used in any prearranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or preparation
for any such contest or activity or (2) the operation or use of any snow.
mobile or (railer designed for use therewith;
(d). to bodily injury or property damage arising out of and in the course of
the transportation of mobile equipment by an automobile owned or
operated by or rented or loaned to any Insured;
le1 to bodily injury or properly damage arising out of the ownership, mainte-
nance, operation, use, loading or unloading of
(11 any watercraft owned or operated by or rented or loaned to any
Insured, or
12) any other watercraft operated by any person in the course of his
employment by any Insured;
but This exclusion does not apply to watercraft while ashore on premises
owned by, rented to or controlled by the Named Insured;
1f) to bodily injury or property damage arising out of the discharge; dispersal,
release or escape of smoke, vapors, soot, fumes, acids. alkalis, toxic
chemicals, liquids or gases, waste materials or other irritants, con-
taminants or pollutants into or upon land. the atmosphere or any water
course or body of water; but this exclusion does not apply if such dis.
charge, dispersal, release or escape is sudden and accidental;
(g) to bodily injury or property damage due to war, whether or not declared,
civil war, insurrection. rebellion or revolution or to any act or condition
incident to any of the foregoing, with respect to
(11 liability assumed by the Insured under an incidental contract, or
(2) expenses for first aid under the Supplementary Payments provision;
(h) to bodily injury or property damage for which the Insured or his indem.
nitee may be held liable
111 as a person or organization engaged in the business of manufacturing,
distributing, selling or serving alcoholic beverages, or
12) if not so engaged, as an owner or lessor of premises used for such
purposes,
if such liability is imposed
Id by, or because of the violation el, any statute, ordinance or regulation
pertaining to the sale, gift, distribution or use of any alcoholic
beverages, or
lift by reason of the selling. serving or giving of any alcoholic beverage
to a minor or to a person under the influence of alcohol or which
causes or contributes to the intoxication of any person;
but part lift of this exclusion does not apply with respect to liability of
the Insured or his indemnilee as an owner or lessor described in 121 above;
(i) to any obligation for which the Insured or any carrier as his insurer may
be held liable under any workmen's compensation, unemployment com-
pensation or disability benefits law, or under any similar law;
(j) to bodily injury to any employee of the Insured arising out of and in the
course of his employment by the Insured or to any obligation of the
Insured to indemnity another because of damages arising out of such
injury but this exclusion does not apply to liability assumed by the
Insured under an incidental contract;
Ik) to property damage to
(11 property owned or occupied by or rented to the Insured,
(21 property used by the Insured, or
(31 property in the care, custody or control of the Insured or as to which
the Insured is for any purpose exercising physical control;
but parts (2) and (31 of this exclusion do not apply with respect to liability
under a written sidetrack agreement and part 131 of This exclusion does
not apply with respect to property damage (other than to elevalors)
arising out of the use of an elevator at premises owned by, rented to or
controlled by the Named Insured,
((1 to property damage to premises alienated by the Named Insured arising
out of such premises or any part thereof;
Imlto loss of use of tangible properly which has not been physically injured
or destroyed resulting from
(1) a delay in or lack of performance by or on behalf of the Named Insured
of any contract or agreement, or
12) the failure of the Named Insured's products or work performed by or
on behalf of the Named Insured to meet the level of performance,
quality, fitness or durability warranted or represented by the Named
Insured;
but this exclusion does not apply to loss of use of other tangible properly
resulting Irom the sudden and accidental physical injury to or destruction
of the Named Insured's products or work performed by or on behalf of
the Named Insured alter such products or work have been put to use
by any person or organization other than an Insured;
(nl to property damage to the Named Insured's products arising out of such
products or any part of such products;
(o) to properly damage to work performed by or on behalf of the Named
Insured arising out of the work or any portion thereof, or out of materials,
parts or equipment furnished in connection therewith;
Ip1 10 damages claimed for the withdrawal, inspection, repair, replacement,
or loss of the use of the Named Insured's products or work completed
by or for the Named Insured or of any property of which such products
or work form a part, if such products, work or properly are withdrawn
from the market or from use because of any known or suspected defect
or deliciency therein;
1qI to property damage included within:
IN the explosion hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "x',
121 the collapse hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "c ",
13) the underground property damage hazard in connection with opera-
tions identified in this policy by a classification code number which
includes the symbol "u ".
lover)
LO -9F72 %d. In U.S.A.
II. PERSONS INSURED
Each of the following is an Insured under this insurance to the extent set
forth below:
W i1 the Named Insured is designated in the declarations as an individual,
the person so designated but only with respect to the conduct of a
business of which he is the sole proprietor, and the spouse o1 the Named
Insured with respect to the conduct of such a business;
1bl if the Named Insured is designated in the declarations as a partnership or
joint venture, the partnership or joint venture so designated and any
partner or member thereof but only with respect to his liability as such;
lc) it the Named Insured is designated in the declarations as other than an
individual, partnership or joint venture, the organization so designated and
any executive officer, director or stockholder thereof while acting within
the scope of his duties as such;
(r0 any person bother than an employee of the Named Insured) or organization
while acting as real estate manager for the Named Insured; and
10 with respect to the operation, for the purpose of locomotion upon a public
highway, of mobile equipment registered under any motor vehicle registra-
tion law,
(1) an employee of the Named Insured while operating any such equipment
in the course of his employment, and
Iii) any other person while operating with the permission of the Named
Insured any such equipment registered in the name of the Named
Insured and any person or organization legally responsible for such op.
eralion, but only if there is no other valid and collectible insurance
available, either on a primary or excess basis, to such person or
organization;
provided that no person or organization shall be an Insured under this
paragraph eel with respect 10:
(1) bodily injury to any fellow employee of such person injured in the
course of his employment, or
12) property damage to property owned by, rented to, in charge of or occu-
pied by the Named Insured or the employer of any person described in
subparagraph liil.
This insurance does not apply to bodily injury or properly damage arising out
of the conduct of any partnership or joint venture of which the Insured is a
partner or member and which js not designated in this policy as a Named
Insured.
11I. LIMITS OF LIABILITY
Regardless of the number of (1) Insureds under This policy, (2) persons or
organizations who sustain bodily injury or property damage, or 131 claims made
or wits brought on account of bodily injury or property damage, the Com-
pany's liability is limited as follows:
Coverage A — The total liability of the Company for all damages, including
damages for care and loss of services, because of bodily injury sustained
by one or more persons as the result of any one occurrence shall not exceed
the limit of bodily injury liability stated in the declarations as applicable to
"each occurrence."
Subject to the above provision respecting "each occurrence", the total
liability of the Company for all damages because of (1) all bodily injury
included within the completed operations hazard and (2) all bodily injury
included within the produces hazard shall not exceed the limit of bodily
injury liability stated in the declarations as "aggregate ".
Coverage B—The total liability of the Company for all damages because of all
property damage sustained by one or more persons or organizations as the
result of any one occurrence shall not exceed the limit of property damage
liability slated in the declarations as applicable to "each occurrence ".
Subject to the above provision respecting "each occurrence ", the total
liability of the Company for all damages because of all property damage 10
which this coverage applies and described in any of the numbered sub
paragraphs below shall not exceed the limit of property damage liability
stated in the declarations as "aggregate ":
II) all properly damage arising out of premises or operations rated on a
remuneration basis or contractor's equipment rated on a receipts basis,
including property damage tor which liability is assumed under any in-
cidental contract relating to such premises or operations, but ex-
cluding property damage included in subparagraph 12) below;
(2) all property damage arising out of and occurring in the course of opera
lions performed for the Named Insured by independent contractors and
general supervision thereat by the Named Insured, including any such
property damage for which liability is assumed under any incidental
contract relating to such operations, but this subparagraph (2) does
not include property damage arising out of maintenance or repairs at
premises owned by or rented to the Named Insured or structural altera-
tions at such premises which do not involve changing the size of or
moving buildings or other structures;
(3) all property damage included within the products hazard and all prop-
erty damage included within the completed operations hazard.
Such aggregate limit shall apply separately to the property damage described
in subparagraphs (1), (2) and 13) above, and under subparagraphs (1) and 12),
separately with respect to each project away from premises owned by or
rented to the Named Insured.
Coverages A and D —For the purpose of determining the limit of the Com-
pany's liability, all bodily injury and property damage arising out of continuous
or repealed exposure to substantially the same general conditions shall be
considered as arising out of one occurrence.
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs
within the policy territory.
When used in the declarations as a basis of premium for this coverage:
(1) "admissions" means the total number of persons, other than employees of the Named Insured, admitted to the event insured or to events conducted on the
premises whether on paid admission tickets, complimentary tickets or passes;
(2) "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the Named Insured other than chauffeurs
(except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in
accordance with the manuals in use by the Company;
(3) "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 governmental division;
(4) "cost' means the total cost to the Named insured with respect to operations performed lot the Named Insured during the policy period by independent
contractors 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 0 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;
15) "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
Insured and such others collect as a separate item and remit directly to a governmental division.
This exclusion modifies the provisions of this policy relating to ALL LIABILITY AND MEDICAL PAYMENTS
INSURANCE OTHER THAN COMPREHENSIVE PERSONAL. AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
This policy does not apply:
a. Under any Liability Coverage, to bodily injury or property damage:
(11 with respect to which an Insured under the policy is also an Insured
under a nuclear energy liability policy issued by Nuclear Energy Liability
Insurance Association, Mutual Atomic Energy Liability Underwriters, or
Nuclear Insurance Association of Canada, or would be an Insured under
any such policy but for its termination upon exhaustion of its limit of
liability; or
(2) resulting from the hazardous properties of nuclear material and with
respect to which (al any person or organization is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954, or any
law amendatory thereof, or lb) the Insured is, or had this policy not
been issued would be, entitled to indemnity from the United States of
America, or any agency thereof, under any agreement entered into by
the United Stales of America, or any agency thereof, with any person
or organization.
b. Under any Medical Payments Coverage, or under any Supplementary
Payments provision relating to first aid, to expenses incurred with respect
to bodily injury resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any person or
organization;
c. Under any Liability Coverage, to bodily injury or property damage resulting
from the hazardous properties of nuclear material, if:
11) the nuclear material (a) is at any nuclear facility owned by, or operated
by or on behalf of, an insured, or (51 has been discharged or dispersed
therefrom;
(2) the nuclear material i5 contained in spent fuel or waste at any time
possessed, handled, used, processed, stored, transported or disposed
of by or on behalf of an Insured; or
(3) the bodily injury or property damage arises out of the furnishing by an
Insured of services, materials, parts or equipment in connection with
the planning, construction, maintenance, operation or use of any
nuclear facility, but if such facility is located within the United Stales of
America, its territories or possessions, or Canada, this exclusion (3) ap.
plies only to property damage to such nuclear facility and any property
thereat;
1. Premium
All premiums for this policy shall be computed in accordance ,with the
Company's rules, rates, rating plans, premiums and minimum premiums
applicable to the insurance afforded herein.
Premium designated in this policy as "advance premium" is a deposit
premium only which shall be credited to the amount of the earned premium
due at the end of the policy period. At the close of each period for part
thereof terminating with the end of the policy period) designated in the
declarations as the audit period the earned premium shall be computed for
such period and upon notice thereof to the Named Insured, shall become
due and payable. If the total earned premium for the policy period is less
than the premium previously paid, the Company shall return to the Named
Insured the unearned portion paid by the Named Insured,
The Named Insured shall maintain records of such information as is
necessary for premium computation, and shall send copies of such records
to the Company at the end of the policy period and at such times during the
policy period as the Company may direct.
2. Inspection and Audit
The Company shall be permitted but not obligated to inspect the Named In-
sured's property and operations at any lime. Neither the Company's right
to make inspections nor the making thereof nor any report thereon shall
constitute an undertaking, on behalf of or for the benefit of the Named In-
sured or others, to determine or warrant that such property or operations
are safe or healthful, or are in compliance with any law, rule or regulation.
The Company may examine and audit the Named Insured's books and
records at ay time during the pokey period and extentions thereof and
within three years alter the final termination of this policy, as far as they
relate to the subject matter of this insurance.
NUCLEAR ENERGY LIABILITY EXCLUSION
(BROAD FORM)
CONDITIONS
Page 3
d. As used in this Exclusion:
(1) "Hazardous properties" include radioactive, toxic or explosive proper-
ties;
(2) "Nuclear material" means source material, special nuclear material or
by- product material;
131 "Source material ", "special nuclear material" and "by-product
material" have the meanings given them in the Atomic Energy Act of
1954 or in any law amendatory thereof;
(41 "Spent Iuel " means any fuel element or fuel component, solid or liquid
which has been used or exposed to radiation in a nuclear reactor;
151 "Waste" means any waste material (a) containing by- product material
other than tailings or wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed primarily for as
source material content, and Ibl resulting from the operation by any
person or organization of any nuclear facility included under the first
two paragraphs of the definition of nuclear lacihty.
(6) "Nuclear facility" means, lal any nuclear reactor, (blany equipment or
device designed or used for lit separating the isotopes of uranium or
plutonium, lit) processing or utilizing spent fuel, or iml handling, pro-
cessing or packaging waste; Icl any equipment or device used for the
processing, fabricating or alloying of special nuclear material d at any
rime the total amount of such material in the custody of the Insured at
the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any com-
bination thereof, or more than 250 grams of uranium 235; Id) any struc-
ture, basin, excavation, premises or place prepared or used for the
storage or disposal of waste; and le) includes the site on which any of
the foregoing is located, all operations conducted on such site, and all
premises used for such operations;
17) "Nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain a critical
mass of fissionable material;
(8) "Properly damage" includes all forms of radioactive contamination of
property.
3. Financial Responsibility Laws
When this policy is certified as proof of financial responsibility for the
future under the provisions of any motor vehicle financial responsibility
law, such insurance as is afforded by this policy for bodily injury liability
or for property damage liability shall comply with the provisions of such
law to the extent of the coverage and limits of liability required by such
law. The Insured agrees to reimburse the Company (or any payment
made by the Company which it would not have been obligated to make
under the terms of this policy except for the agreement contained in this
paragraph.
4. Insured's Duties in the Event of Occurrence, Claim or Suit
(a) In the event 0( an occurence, written notice oontaimng particulars
sufficient to identify the Insured and also reasonably obtainable in-
formation with respect to the time, place and circumstances
(hereof, and the narn05 and addresses of the mjured and of
available witnesses, shall be given by or for the Insured to the
Company or any of its authorized agents as soon as practicable,
lb) 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.
(c) The Insured shall cooperate with the Company and, upon the
Company's request, assist in making settlements, in the conduct
of suits and in in enforcing any right of contribution or indemnity
against any person or organization who may be liable m the In-
sured because of injury or damage with respect to which insurance
is afforded under This policy; and the Insured shall attend hearings
and trials and assist in securing and giving evidence and obtaining
the attendance of witnesses. The Insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation
or incur any expense other than for first aid to others at the time of
accident.
5. Action Against Company
No action shall he against the Company unless. as a condition precedent
thereto, (here shall have been lull compliance with all of the terms of this
policy, nor until the amount of the Insured's obligation to pay shall have been
finally determined either by judgment against the Insured alter actual Trial or
by written agreement of The Insured, the claimant and the Company.
Any person or organization or the legal representative thereat 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.
No person or organization shall have any right under this policy to loin the
Company as a party to any action against the Insured to determine the In-
sured's liability. nor shall the Company be impleaded by the Insured or his
legal representative- Bankruptcy or insolvency of the Insured or oI the In-
sured's estate shall not relieve the Company of any of its obligations here-
under.
6. Other Insurance
The insurance afforded by this policy is primary insurance, except when stated
to apply in excess of or contingent upon the absence oI other insurance. When
this insurance is primary and the Insured has other insurance which is stated
to be applicable to the loss on an excess or contingent basis, the amount of
the Company's liability under this policy shall not be reduced by the existence
Of such other insurance.
When both this insurance and other insurance apply to the loss on the same
basis. whether primary, excess or contingent, the Company shall not be liable
under this policy for a greater proportion of the loss than that stated in the
applicable contribution provision below:
la) Contribution by Equal Shares. if all of such other valid and collectible
insurance provides for contribution by equal shares, the Company shall not
be liable tor a greater proportion of such loss than would be payable it
each insurer contributes an equal share until the share of each insurer
equals the lowest applicable limit of liability under any one policy or the
full amount of the loss is paid, and with respect to any amount of loss not
so paid the remaining insurers then continue to contribute equal shares
of the remaining amount of the loss until each such insurer has paid its
limit in lull or the lull amount of the loss is paid.
WI Contribution by Limits. If any of such other insurance does not provide for
contribution by equal shares, the Company shall not be liable for a greater
proportion of such loss than the applicable limit of liability under This
policy for such loss bears to the total applicable limit of liability of all
valid and collectible insurance against such loss.
7. Subrogation
In the event of any payment under this policy, the Company shall be subro-
gated to all the Insured's rights of recovery therefor against any person or
organization and the Insured shall execute and deliver instruments and papers
CONDITIONS CONTINUED
Pape 4
and do whatever else is necessary to secure such rights. The Insured shall do
nothing after loss to prejudice such rights.
I. Changes
Notice 10 any agent or knowldege 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.
9. Assignment
Assignment of interest under this policy shall not bind the Company until its
consent is endorsed hereon; it. however, the Named Insured shall die, such
insurance as is afforded by this policy shall apply 11) to the Named Insured's
legal representative, as the Named Insured, but only while acting within the
scope of his duties as such. and (2) with respect to the property of the Named
Insured, to the person having proper temporary custody thereof, as Insured,
but only until the appointment and qualification of the legal representative.
10. Three Year Policy
II this policy is issued for a period of three years any limit of the Company's
liability stated in this policy as "aggregate" shall apply separately to each
consecutive annual period thereof.
Cancellation
This policy may be cancelled by the Named Insured by surrender thereof to the
Company or any of its authorized agents or by mailing to the Company written
notice staling when therealler the cancellation shall be enective. This policy
may be cancelled by the Company by mailing to the Named Insured at the
address shown in this policy, written notice slating when not less than len
days thereafter such cancellation shall be effective. The mailing oI notice as
aforesaid shall be sufficient proof of notice. The time of surrender or the
effective date and hour of cancellation staled 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.
11 the Named Insured cancels, earned premium shall be computed in accord.
ante with the customary short rale table and procedure. II the Company
cancels, earned premium shall be computed pro rata. Premium adjustment
may be made either at the time cancellation is effected or as soon as prat
ticable alter cancellation becomes ell eclive. but payment or tender of un-
earned premium is not a condition of cancellation.
12. Declarations
By acceptance of this policy, the Named Insured agrees That the statements in
the declarations are his agreements and representations. that this policy is
issued in reliance upon the truth of such representations and that this policy
embodies all agreements existing between himself and the Company or any
of its agents relating to this insurance.
11.
IN WITNESS WHEREOF, the INA OF TEXAS has caused this policy to be signed by its President and a Secretary at Dallas. Texas, and countersigned on
the Declarations page by a duly Authorized Agent of the Company.
CHARLES MCCULLDUGH, Presidenl
THE STATE OF TEXAS :
COUNTY OF WILLIAMSON:
THIS AGREEMENT is made and entered into this day of
, 1987, by and between the Qty of Round Rock, a Texas
municipal corporation (Licensor), and Austin Homes, Incorporated, its
successors and assigns (Licensee).
RECITALS
WHEREAS, Licensee owns and occupies certain real property in Round
Rock, Williamson County, Texas, and being more particularly described as
Lots 1 through 5 inclusive, Block B, Windy Park Subdivision, Section I (the
Property); and
WHEREAS, Licensee operates a subdivision sales office and model home
complex at said location; and
WHEREAS, Licensee has need for security fencing enclosing the front
yards of the Property as well as a portion of the public right -of -way
adjacent to the Property, as indicated on Exhibit "A" (the License Parcel),
attached hereto and incorporated herein for all purposes; and
WHEREAS, such fence would not adversely affect the public's use of
said right -of- way, since the Property and the License Parcel are located on
an otherwise undeveloped street; NOW THEREFORE, for and in
consideration of TEN and NO/ 100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the right to use
and maintain a security fence on the License Parcel, provided said fence
shall be constructed of open wrought iron pickets of a height no greater
than 48- inches, so as to not obstruct views in any way.
Page 1 of 4 Pages
2. The License granted herein shall be revocable by Licensor upon the
sale, lease or other transfer of one or more of the model homes, provided
such sale or lease is for the purpose of ceasing use of the home as a model
home and the commencement of residency, by an owner or tenant. At such
time, Licensor shall give to Licensee, its successors or assigns, sixty (60)
days written notice of Licensor's intent to revoke this License. Licensee
agrees to remove said fence within sixty (60) days after receipt of such
written notice from Licensor.
3. Licensee further agrees to indemnity Licensor against liability, loss
or damage Licensor may suffer as a result of costs or judgments against
Licensor arising out of the existence of the herein described fence upon the
License Parcel, if said liability, loss or damage would not have occurred had
the herein described fence not existed upon the License Parcel at the time
of the occurance giving rise to the liability, loss or damage. Further,
Licensee agrees to keep in force the liability insurance policy evidenced
hereto as Exhibit "B," or any other replacement insurance policy of equal or
superior coverage, and to name the Licensor as an additional insured on
the current insurance policy or any replacement insurance policy, for the
purposes described herein.
4. The License granted herein Is assignable by Licensee, its successors
and assigns, without the consent of Licensor, to any subsequent owner of
the Property, provided said subsequent owner shall not change the use of
said Property, that use being as a subdivision sales office and model home
complex. This agreement shall be binding upon and enforceable by the
parties hereto, and their respective successors and assigns.
5. This License, until its expiration or revocation, shall run with title to
the Property, and the terms and conditions hereof shall be binding on any
subsequent owners or holders thereof. Licensee shall cause any immediate
successors in interest to have factual notice of this License agreement.
6. This License shall be for a period of one year from the date herein,
but shall automatically renew for an additional one year unless Licensor
notifies Licensee of its intent not to renew within thirty days prior to the
conclusion of the one year period. Should Licensor elect not to renew this
License, Licensee shall remove said fence from the License Parcel within
30 -days of the expiration of this License.
Page 2 of 4 Pages
7. Neither the granting of this License, nor of any related permit,
constitutes an abandonment by the Licensor of its property, easement or
easements, or any other rights in and to the above described property.
Licensee expressly stipulates and agrees by Licensee's acceptance of this
License that Licensee neither asserts or claims any interest or right of any
type or nature whatsoever, either legal, equitable or otherwise in and to
Licensor's property.
8. The notice required of Licensor herein shall be in writing and shall
be deemed to have been properly delivered as of the date such notice is
hand delivered to the occupant of the Property or deposited in the United
States Mail, certified or registered mail, return receipt requested, postage
prepaid, addressed to Austin Homes, Inc., Post Office Box 1207, Round Rock,
Texas 78680.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST: The City of Round Rock, Texas
JOANNE LAND, City Secretary
LICENSOR:
Page 3 of 4 Pages
MICE ROBINSON, Mayor
LICENSEE:
Austin Homes, Incorporated
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me, a notary public, this
day of , 1987, by Mike Robinson, Mayor of
the City of Round Rock, Texas, a Texas municipal corporation, on behalf of
said corporation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Page 4 of 4 Pages
Notary Public, State of Texas
(Printed Name)
Commission Expires
This instrument was acknowledged before me, a notary public, this
day of `1A'`AA c- - , 1987, by James L. Sullins,
President of Austin Homes, incorporated, on behalf of said corporation.
NANCY K. N?P?'S
P he Texas
3�
1 M / Commission Exoir
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