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R-03-06-26-11E1 - 6/26/2003 RESOLUTION NO. R-03-06-26-11131 WHEREAS, the City of Round Rock ("City") prohibits the placement of signs in the public rights-of-way, and WHEREAS, the City recognizes that a need exists to direct prospective home buyers to new homes and subdivisions within the City, and WHEREAS, the City desires to establish a program whereby new homebuilders and new subdivisions may place signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to new homes and subdivisions, and WHEREAS, National Sign Plaza ("NSP") is in the business of erecting and maintaining such signs and administering such a directional sign program, and WHEREAS, NSP and City staff have negotiated a License Agreement for Signs in City Rights-of-Way, which the Council wishes to approve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement for Signs in City Rights-of-Way with National Sign Plaza, a copy of same being attached hereto as Exhibit "A" , and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R30626EI.WPD/sc upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 2 NY W L, Mayor Cityttof Round Rock, Texas A ST: uj� CHRISTINE R. MARTINEZ, City Sec tary 2 LICENSE AGREEMENT FOR SIGNS IN CITY RIGHTS-OF-WAY This LICENSE AGREEMENT FOR SIGNS IN CITY RIGHTS-OF-WAY (this "Agreement") is made this 26' day of June, 2003, by and between National Sign Plaza, a California corporation ("NSP") as Licensee and the City of Round Rock, Texas, a Texas home rule city ("City") as Licensor. RECITALS A. City is the owner of real property in the City consisting of public rights-of-ways for streets. B. City desires to establish a program whereby new homebuilders and new subdivision developers may place signs in certain City rights-of-ways for the sole purpose of directing prospective buyers to new homes and subdivisions. C. NSP is in the business of erecting and maintaining such signs and administering such a directional sign program. D. City and NSP desire to enter into this License Agreement to establish such a directional sign program on selected City rights-of-way. NOW,THEREFORE,it is agreed as follows: 1. Definitions. Terms used herein shall be defined as follows: a) Community Sign.A Community Sign is a Plaza Structure that is more than five feet (5') high,but does not exceed eight feet(8'). b) Homebuilder. A Homebuilder is a person or business entity in the business of constructing new single-family homes within the corporate limits or extraterritorial jurisdiction of City for sale directly to the public. C) License Fee.License Fee means the sum paid by NSP to City for the rights granted herein. d) Neigkborhood Sign.A Neighborhood Sign is a Plaza Structure that does not exceed five feet(5')in height. e) New Subdivision.A New Subdivision is a predominantly single-family subdivision, development,orarea within the corporate limits or extraterritorial jurisdiction ofCity and in which the number of vacant single-family lots exceed 10%of the total number of single-family lots. 00051539 1 EXHIBIT 9 "All f) Plaza Structure. A Plaza Structure is a structure placed on the Property for the purpose of displaying Sign Panels. g) Primary Sign. A Primary Sign is a Plaza Structure that is more than eight feet (8) high,but does not exceed twelve feet(12'). h) Prope . The Property means the City's rights-of-way along certain designated arterial and collector streets in the City. i) Sign Panel.A Sign Panel is a metal sign blade that is installed on a Plaza Structure containing the name and/or logo of a New Subdivision or Homebuilder and directional information.A Sign Panel may have name and/or directional information on both faces. 2. License. Subject to the terms and conditions contained herein,NSP shall have the right to install, repair, replace, operate, and maintain Plaza Structures on City's Property. It is understood that NSP shall have the right to charge Homebuilders and the owners of New Subdivisions for the right to place name and/or directional information on the Sign Panels. 3. Consideration.In consideration for this license,NSP shall pay to City a License Fee equal to $10.00 per month for each face of each Sign Panel containing name and/or directional information located on City's Property.Said License Fee shall be paid quarterly and no later than thirty(30) days following the end of each calendar quarter. NSP shall not be required to pay a License Fee for Sign Panels providing directions to City or other government owned facilities. 4. _Plaza Structure Specifications. All Plaza Structures placed on the Property shall meet the following specifications and requirements: a) Plaza Structures shall be constructed of steel and/or aluminum and shall be capable of displaying no more than ten(10)Sign Panels. b) The name and official logo of City shall be displayed at the top of each Plaza Structure and shall be visible from each side. C) Sign Panels on Primary Signs and Community Signs shall not exceed forty inches (40") in length or ten inches (10") inches in height. Sign Panels on Neighborhood Signs shall not exceed twenty-four inches(24")in length or twenty-four inches(24") in height. d) Sign Panels shall contain only the following;Name, trademark and/or logo of the New Subdivision or Homebuilder,directional information,and a line of text which 2 is part of a recognized trademark or logo. Sign Panels may also contain the name of a governmental facility and directional information. e) Sign Panels shall not be allowed to contain the names of, or give directional information for subdivisions or homebuilders located outside of the corporate limits and extraterritorial jurisdiction of City. fl Paint colors of the Plaza Structures and Sign Panels shall be subject to the prior written approval of the City. Fluorescent colors will not be approved. g) Plaza Structure shall contain no additions, tag sign streamers, attention-getting devices or other appurtenances. h) NSP shall submit proposed Plaza Structures and Sign Panels to City for its review and approval. i) No Sign Panels other than those manufactured and installed by NSP shall be allowed on the Plaza Structures. 5. Maintenance of Plaza Structures.NSP agrees to maintain Plaza Structures and Sign Panels in accordance with the following: a) NSP agrees at all times to maintain all Plaza Structures and Sign Panels in good condition and to immediately perform needed repairs and/or replacement of any damaged Sign Plazas or Sign Panels, as requested by City. b) NSP agrees to remove for repair any Plaza Structures or Sign Panels within 72 hours of notification of need for repair by the City. NSP further agrees to replace the repaired or new Plaza Structures or Sign Panel within 5 days of the aforesaid notification. C) NSP agrees to maintain a regular schedule to check each Plaza Structure for needed repairs. 6. Location and Number of Plaza Structures. Plaza Structures will be allowed in specific locations that are approved in advance and in writing by City at its sole and absolute discretion. The total number of Plaza Structures and the number per location shall also be subject to the prior written approval of the City. 7. Term of License. Unless terminated sooner, the term of this License shall expire on December 31, 2007. 3 8. Notice and Oppgrtuni1y to Cure.Notwithstanding any provision in this Agreement,on the occurrence of an event of default under this Agreement and prior to any right of City to declare an event of default or exercise anyremedy under this Agreement,NSP shall have the right to written notice of default specifically stating the default claimed("Default Notice") and the opportunity to cure such default or condition giving rise to City's right to declare a default NSP shall have ten(10)business days to cure any default or conditions specified in the Default Notice. 9. Termination for Cause.If NSP fails to cure the default within ten(10)business days of the date that NSP receives the Default Notice,as specified in paragraph 8 above,then the City may declare an event of default under this Agreement and immediately declare that this Agreement is terminated.If the City terminates this Agreement for cause before the end of the term stated above,NSP agrees that all Plaza Structures shall remain in place,the Sign Panels and all receivables from the leasing of the Sign Panels shall become the property of City.Further,NSP agrees to transfer promptly all information related to the lease of the Sign Panels to the City,including,but not limited to,the original lease documents,an accounting of all open accounts and all other relevant documents. 10. Termination at Will.It is agreed and fully understood by NSP that after the first anniversary of this License,City may terminate this license at will by giving NSP ninety(90)days actual written notice. If this License is terminated at will by the City, all signage and plaza structures shall remain the property of NSP and shall be removed by NSP within said ninety (90) day period. Any signage and plaza structures not removed within said period shall become the property of City. 11. Indemnification.NSP agrees to hold harmless,defend,and indemnify City for and from any third party claim or liability(including reasonable defense costs and attorneys' fees)to the extent arising from NSP's exercise of the license under this Agreement. 12. Insurance. NSP shall maintain in full force and effect throughout the entire term of this Agreement insurance with an insurance company authorized to conduct business in Texas, with the following policy limits. a) Comprehensive General Liability-$1,000,000 combined aggregate b) Automobile Liability-$1,000,000 C) Workers Compensation: Bodily Injury by Accident- $100,000 Bodily Injury by Disease-$500,000 NSP shall present a Certificate of Insurance in a form satisfactoryto the City Attomeywhich shall name the City as an additional insured party on City's Comprehensive General and 4 Automobile Liability policies. If during the term of this Agreement, any such insurance is OppVled,or if NSP fails to renew same,or if the policy limits are reduced below the limits _ Muired Anve� curb event shall constitute a default of this Agreement. 13. Insurance Endorsements. Each insurance policy hereunder shall include the following _- conditions by endorsement to the policy: a) Each policy shall require that thirty(30) days prior to the expiration, cancellation, non-renewal or any material change in coverage,a notice thereof shall be given to City. NSP shall also notify City, within 24 hours of receipt, of any notices of expiration,cancellation,non-renewal,or material change in coverage it receives from its insurer. b) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of NSP. C) Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions,departments,and officers of City and individual members,employees and agents in their official capacities,or while acting on behalf of the City of Round Rock. d) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City,to any future coverage,or to City's Self-Insured Retentions of whatever nature. 14. Cost of Insurance.The cost of all insurance required herein to be secured and maintained by NSP shall be borne solely by NSP. 15 Additional Terms.NSP agrees to the following additional terms and provisions: a) NSP agrees to provide annual reports for each calendar year of this Agreement to the City detailing the number of Plaza Structures and Sign Panels. The annual report shall be due on or before February 1 for the preceding calendar year. b) NSP agrees that in no event will the City be liable for any lease payment or other fees related to the leasing of the Sign Panels. c) NSP agrees to include in all leases or agreements with Homebuilders or owners of New Subdivisions a clause assigning NSP's rights to lease payments to City in the event City terminates this Agreement for cause. 5 d) NSP shall provide,at no cost to City,up to twenty percent(20%)of all Sign Panels for use as directional signs to City or other governmental owned facilities. e) NSP shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended. f) NSP is an independent contractor, not City's employee. NSP's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship.Neither party has authority to enter into contracts as agent for the other party. g) NSP agrees that the license granted herein is personal to NSP. It is not assignable, and any attempt to assign this license will terminate the license. 16. Miscellaneous Provisions. a) Notices.All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: i)When delivered personally to the recipient's address as stated in this Agreement; or ii) Three (3) days after being deposited in the United States mail, with postage prepaid to: City: City Manager 221 East Main Street Round Rock,TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, TX 78664 6 NSP: National Sign Plazas Attn:Alex Lingas, CFO Hangar 13,Parrett Field Angwin,CA 94508 b) Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. c) Exclusive Agreement. This document,and all appended documents,constitutes the entire Agreement between City and NSP. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. IN WITNESS WHEREOF,the parties hereto have signed this Agreement to be effective the 26°d day of June, 2003. National Sign Plazas By: 1A Eleanor late,Pref Tent Date: )U"e- � � ) ZbV 3 City of Round Rock,Texas By: Nyle Maxwell,Mayor Date: Attest: Christine Martinez, City Secretary 7 Date: June 20, 2003 Subject: City Council Meeting - June 26, 2003 Item: 11.E.1. Consider a resolution authorizing the Mayor to execute a License Agreement with National Sign Plaza to establish a program to place signs in public rights-of-way to direct prospective buyers to new homes and subdivisions, Resource: Joe Vining, Planning Director History: Staff brings this license agreement in an effort to mitigate the problem of"bandit signs" in the right-of-way. Funding: Cost: N/A Source of Funds: N/A Outside Resources: N/A Impact/ Benefit: Provides directions to new homes for sale. Public Comment: None required. Sponsor: Planning and Community Development Department EXECUTED DOCUMENT FOLLOWS 4 LICENSE AGREEMENT FOR SIGNS IN CITY RIGHTS-OF-WAY This LICENSE AGREEMENT FOR SIGNS IN CITY RIGHTS-OF-WAY (this "Agreement") is made this 26"d day of June, 2003, by and between National Sign Plaza, a California corporation ("NSP") as Licensee and the City of Round Rock, Texas, a Texas home rule city ("City") as Licensor. RECITALS A. City is the owner of real property in the City consisting of public rights-of-ways for streets. B. City desires to establish a program whereby new homebuilders and new subdivision developers may place signs in certain City rights-of-ways for the sole purpose of directing prospective buyers to new homes and subdivisions. C. NSP is in the business of erecting and maintaining such signs and administering such a directional sign program. D. City and NSP desire to enter into this License Agreement to establish such a directional sign program on selected City rights-of-way. NOW, THEREFORE, it is agreed as follows: 1. Definitions. Terms used herein shall be defined as follows: a) Community Sign.A Community Sign is a Plaza Structure that is more than five feet (5') high,but does not exceed eight feet(8'). b) Homebuilder. A Homebuilder is a person or business entity in the business of constructing new single-family homes within the corporate limits or extraterritorial jurisdiction of City for sale directly to the public. C) License Fee. License Fee means the sum paid by NSP to City for the rights granted herein. d) Neighborhood Sign.A Neighborhood Sign is a Plaza Structure that does not exceed five feet(5') in height. e) New Subdivision.A New Subdivision is a predominantly single-family subdivision, development,or area within the corporate limits or extraterritorial jurisdiction of City and in which the number of vacant single-family lots exceed 10%of the total number of single-family lots. 00051539 1 f) Plaza Structure. A Plaza Structure is a structure placed on the Property for the purpose of displaying Sign Panels. g) Primary Sign. A Primary Sign is a Plaza Structure that is more than eight feet (8) high,but does not exceed twelve feet(12'). h) Pro e . The Property means the City's rights-of-way along certain designated arterial and collector streets in the City. i) Sign . A Sign Panel is a metal sign blade that is installed on a Plaza Structure containing the name and/or logo of a New Subdivision or Homebuilder and directional information.A Sign Panel may have name and/or directional information on both faces. 2. License. Subject to the terms and conditions contained herein,NSP shall have the right to install, repair, replace, operate, and maintain Plaza Structures on City's Property. It is understood that NSP shall have the right to charge Homebuilders and the owners of New Subdivisions for the right to place name and/or directional information on the Sign Panels. 3. Consideration. In consideration for this license,NSP shall pay to City a License Fee equal to $10.00 per month for each face of each Sign Panel containing name and/or directional information located on City's Property.Said License Fee shall be paid quarterly and no later than thirty(30)days following the end of each calendar quarter. NSP shall not be required to pay a License Fee for Sign Panels providing directions to City or other government owned facilities. 4. Plaza Structure Specifications. All Plaza Structures placed on the Property shall meet the following specifications and requirements: a) Plaza Structures shall be constructed of steel and/or aluminum and shall be capable of displaying no more than ten (10) Sign Panels. b) The name and official logo of City shall be displayed at the top of each Plaza Structure and shall be visible from each side. C) Sign Panels on Primary Signs and Community Signs shall not exceed forty inches (40") in length or ten inches (10") inches in height. Sign Panels on Neighborhood Signs shall not exceed twenty-four inches(24")in length or twenty-four inches(24") in height. d) Sign Panels shall contain only the following; Name, trademark and/or logo of the New Subdivision or Homebuilder,directional information,and a line of text which 2 is part of a recognized trademark or logo. Sign Panels may also contain the name of a governmental facility and directional information. e) Sign Panels shall not be allowed to contain the names of, or give directional information for subdivisions or homebuilders located outside of the corporate limits and extraterritorial jurisdiction of City. f) Paint colors of the Plaza Structures and Sign Panels shall be subject to the prior written approval of the City. Fluorescent colors will not be approved. g) Plaza Structure shall contain no additions, tag sign streamers, attention-getting devices or other appurtenances. h) NSP shall submit proposed Plaza Structures and Sign Panels to City for its review and approval. i) No Sign Panels other than those manufactured and installed by NSP shall be allowed on the Plaza Structures. 5. Maintenance of Plaza Structures.NSP agrees to maintain Plaza Structures and Sign Panels in accordance with the following: a) NSP agrees at all times to maintain all Plaza Structures and Sign Panels in good condition and to immediately perform needed repairs and/or replacement of any damaged Sign Plazas or Sign Panels, as requested by City. b) NSP agrees to remove for repair any Plaza Structures or Sign Panels within 72 hours of notification of need for repair by the City. NSP further agrees to replace the repaired or new Plaza Structures or Sign Panel within 5 days of the aforesaid notification. C) NSP agrees to maintain a regular schedule to check each Plaza Structure for needed repairs. 6. Location and Number of Plaza Structures. Plaza Structures will be allowed in specific locations that are approved in advance and in writing by City at its sole and absolute discretion. The total number of Plaza Structures and the number per location shall also be subject to the prior written approval of the City. 7. Term of License. Unless terminated sooner, the term of this License shall expire on December 31, 2007. 3 8. Notice and Opportunity to Cure. Notwithstanding any provision in this Agreement,on the occurrence of an event of default under this Agreement and prior to any right of City to declare an event of default or exercise any remedy under this Agreement,NSP shall have the right to written notice of default specifically stating the default claimed("Default Notice") and the opportunity to cure such default or condition giving rise to City's right to declare a default.NSP shall have ten(10)business days to cure any default or conditions specified in the Default Notice. 9. Termination for Cause. If NSP fails to cure the default within ten(10)business days of the date that NSP receives the Default Notice, as specified in paragraph 8 above, then the City may declare an event of default under this Agreement and immediately declare that this Agreement is terminated. If the City terminates this Agreement for cause before the end of the term stated above,NSP agrees that all Plaza Structures shall remain in place,the Sign Panels and all receivables from the leasing of the Sign Panels shall become the property of City. Further,NSP agrees to transfer promptly all information related to the lease of the Sign Panels to the City,including,but not limited to,the original lease documents,an accounting of all open accounts and all other relevant documents. 10. Termination at Will.It is agreed and fully understood by NSP that after the first anniversary of this License,City may terminate this License at will by giving NSP ninety(90)days actual written notice. If this License is terminated at will by the City, all signage and plaza structures shall remain the property of NSP and shall be removed by NSP within said ninety (90) day period. Any signage and plaza structures not removed within said period shall become the property of City. 11. Indemnification.NSP agrees to hold harmless,defend,and indemnify City for and from any third party claim or liability (including reasonable defense costs and attorneys' fees)to the extent arising from NSP's exercise of the license under this Agreement. 12. Insurance. NSP shall maintain in full force and effect throughout the entire term of this Agreement insurance with an insurance company authorized to conduct business in Texas, with the following policy limits. a) Comprehensive General Liability- $1,000,000 combined aggregate b) Automobile Liability- $1,000,000 C) Workers Compensation: Bodily Injury by Accident - $100,000 Bodily Injury by Disease - $500,000 NSP shall present a Certificate of Insurance in a form satisfactory to the City Attorney which shall name the City as an additional insured party on City's Comprehensive General and 4 Automobile Liability policies. If during the term of this Agreement, any such insurance is canceled,or if NSP fails to renew same, or if the policy limits are reduced below the limits required above, such event shall constitute a default of this Agreement. 13. Insurance Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: a) Each policy shall require that thirty(30) days prior to the expiration, cancellation, non-renewal or any material change in coverage, a notice thereof shall be given to City. NSP shall also notify City, within 24 hours of receipt, of any notices of expiration,cancellation,non-renewal,or material change in coverage it receives from its insurer. b) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of NSP. C) Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions,departments,and officers of City and individual members,employees and agents in their official capacities,or while acting on behalf of the City of Round Rock. d) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self-Insured Retentions of whatever nature. 14. Cost of Insurance.The cost of all insurance required herein to be secured and maintained by NSP shall be borne solely by NSP. 15 Additional Terms. NSP agrees to the following additional terms and provisions: a) NSP agrees to provide annual reports for each calendar year of this Agreement to the City detailing the number of Plaza Structures and Sign Panels. The annual report shall be due on or before February 1 for the preceding calendar year. b) NSP agrees that in no event will the City be liable for any lease payment or other fees related to the leasing of the Sign Panels. C) NSP agrees to include in all leases or agreements with Homebuilders or owners of New Subdivisions a clause assigning NSP's rights to lease payments to City in the event City terminates this Agreement for cause. 5 d) NSP shall provide,at no cost to City,up to twenty percent(20%) of all Sign Panels for use as directional signs to City or other governmental owned facilities. e) NSP shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended. f) NSP is an independent contractor, not City's employee. NSP's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship.Neither party has authority to enter into contracts as agent for the other party. g) NSP agrees that the license granted herein is personal to NSP. It is not assignable, and any attempt to assign this license will terminate the license. 16. Miscellaneous Provisions. a) Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: i)When delivered personally to the recipient's address as stated in this Agreement; or ii) Three (3) days after being deposited in the United States mail, with postage prepaid to: City: City Manager 221 East Main Street Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, TX 78664 6 NSP: National Sign Plazas Attn: Alex Lingas, CFO Hangar 13, Parrett Field Angwin, CA 94508 b) Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. C) Exclusive Agreement. This document, and all appended documents, constitutes the entire Agreement between City and NSP. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. IN WITNESS WHEREOF,the parties hereto have signed this Agreement to be effective the 26"d day of June, 2003. National Sign Plazas By: Eleanor Plate, President Date: L t `> City ofd oc By: y ax ayor Date: Attest: Christine Martinez, City Secretary 7 OP ID M DATE(MM/DDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE ASSIE-1 07/23/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Malloy Imrie & Vasconi Ins SH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # 0054782 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. BOX 725 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Helena CA 94574 Phone: 707-963-2777 Fax:707-963-4073 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Vigilant Insurance Company 20397 INSURER B: Chubb Insurance Group National Signs Plaza INSURER C: Hartford Insurance Company B 2013 Wells ranch Parkway #303 INSURER D: Austin TX 78728 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFE TIVE POLI Y EXPIRATI N LIMITS LTR NSR TYPE OF INSURANCE DATE MM/DD/YY DATE MM/DD1YY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 35390508 12/01/02 12/01/03 PREMISES(Eaoccurence) $ Incl rd CLAIMS MADE FK OCCUR MED EXP(Any one person) $ 10000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Inc r d POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 71 ANY AUTO 74996371 (TX) 04/09/03 12/01/03 (Ea accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS I ER Ulm C EMPLOYERS'LIABILITY 21WECGF0866 11/06/02 11/06/03 E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as Additional Insured with respects to the Permanent Placement of the signs per contract. This certificate replaces the one issue on 7-1-03. CERTIFICATE HOLD/ER / CANCELLATION CITYR-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Round Rock IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: Kathy Miller 301 West Bagdad, Ste. 210 REPRESENTATIVES. Round Rock TX 78664 7 -- ACORD 25(2001/08) ©ACORD CORPORATION 1988 07/08/03 10:45 iii JOE MILONE IM 001/001 AW ARD. CERTIFICATE OF LIABILITY INSURANCE �I DATE(Me%a 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 141u1 oy Imrie i Vasaoni Ina SH ONLY AND COWERS NO MOWS UPON THE CERTIFICATE License 9 0054782 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR p. 0. N3OX 725 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. at. Helena CII 94574 phone: 707-963-2777 rax:707-963-4073 INSURERS AFFORDING COVERAGE NAICI(I INBBREo INBURERA, Vigilant Insurance CoWany 20397 INSURER B: Chubb Insu>ranco Group j g�a pp�� INSURER C: Hartford InsuranCt C b £iTXs�8711cha 'arkway 1)303 INSURER D: 87 {NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,YERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TUE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER TE UMTTS GENERALLUMUTY EACH OCCURRENCE 81000000 ItERTED A X X COMMERCIAL GENERAL LIABILITY 3539A508 — 12/01/02 12/01/03 MORE ) III InclId WIMS MADE `_- 'OCCUR MED EXP(Arty ene PWro ) 810000 PERSONAL A ADV INJURY 31000000 GENERAL AGGRUGATE s2000000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AUG II InC f d POLICY .281 LOC AUTOMOWLELIADILITY COMBINED SINGLE LIMIT $1000000 B ANY AUTO 74996371 (TX) 04/09/03 12/01/43 (E--°m" ALL OWNED AUTOS BODILY INJURY 5 X SCHEDULEOAUTOS ( W) HIRED AUTOS BODILY INJURY 5 (Per ecaw") NON-OWNED AUTOS PROPERTY DAMAGE 5 (Pa GARAGE LNABUJTY AUTO ONLY-EA ACCIDENT i ANY AUTO OTHER TKAH EA ACC S AUTO ONLY: AGG S EXCESWUMSRELLA LIABILITY EACH OCCURRENCE 5 OCCUR FICLAIMS MADE AGGREGATE i 3 DEDUCTIBLE S RETENTION f = WORKERS COMPENSATION AND TORY LIMIT ER EMPLOYERS m UAIRL C ANY PROPRIEYOWPARTNERIEXECUTIVE 21Ti�1laC6E06.6f .._ 11/06/02 .11/0.6/03 .EACH ACCIDENT - :4,10A0000 OFyFaeFICERIMEMBEREXCLUDED? E.LDISEASE-GAEMPLOYE 51000000 S0.dwaft PEMPROVISIONSDeIow EL DISEASE-POLICYLIMIT I SIOOOOOO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PR BIONS Certificate Holder is named as Additional Insured with respects to the Permanent Placement of the signs per contract. CERTIFICATE HOLDER CANCELLATION CITTA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORR THE EXPIRATION DATE THEMF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM ED TO THE LEFT,BUT FAILURE To DO SO SHALL City of Round Rock IMPOSE NO OBUGATION OR LMBIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 221 East Main Street REPRESENT Round Rock TX 78664 ACORD 25(2001108) ®ACORD CORPORATION 1998