HomeMy WebLinkAboutContract 45560 CITY SECRETAW 0
CONTRACT
N000
LICENSE AG R 4 EMENT BETWEEN THE CITY OF FORT WORTH AND
CITIZENS SUPPORT GROUP FOR THE FORT WORTH POLICE MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PAN
This LICENSE AGREEMENT FOR A PORTION OF WEST' COMMUNITY PA
(""License"") is made and entered into by and between the CITY of FORT WORTH ("Licensor"), a
hone rule municipal corporation organized under the laws of the State of Texas and acting by and
through Charles Daniels, its duly authorized Assistant City Manager, and CITIZENS SUPPORT
GROUP FOR THE FORT WORTH POLICE MOUNTED PATROL ("Licensee"), a Texas non-
profit corporation, acting by and through Bradford S. Byrnes , its President.
RECITALS
HE AS, Licensor o vns and operates the West Cornmunity Park located, at 8787 Heron
Drive, Foil Wol-di, Texas; and
WHEREAS, Licensor has authorized the use of 10 acres of West C ommUl i ty Park for.the
purpose of constructing, operating and maintaining a, Police Depai-tment Mounted Patrol
EgUestrian Facility C L 15459, 10/23/12); and
WHEREAS, Licensor and its residents desire to, constr-Lict a, Mounted Patrol Equestrian
Facility ("Facility") to provide a modern facility for housing, training and care of Licensor"s
horses, as well as educational opportt1111 ties for students participating in the Future Farmers of
Arnerica (FFA) program.; and
WHEREAS, several generous benefactors in the community have stepped forward to
pledge funds to Licensee for construction of the Facility; and
WHER-EAS, Lice so* desires to license to Licensee and Licensee desires to license fµron
Licensor a portion of West Comnunity Parl for the purpose of allowing Licensee to construct
t ,e Facility, after which Licensee intends to donate the Facility to the City of Fort Worth.
NOW", THEREFORE, in consideration of the n utual covenants, promises and obligations
contained herein, the parties agree as follows:
I. PROPERTY LICENSED.
Licensor hereby grants Unto Licensee a non-exclusive license over 10 acres of' West
Community Park., the location and boundary of which are attached as Exhibit "A and incorporated
rn
herein for all purposes (the "Licensed Premises"'). Licensor shall provide Licensee full access to the
Licensed Premises during the Term, as defined herein.
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OFFICIAL
C 'SECRETARY ,
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2. TERM OF LICENSE,.
The Tet-m of this License shall commence on the date of its execution ("Effective Date")
and expire, on the earlier of(1) eighteen (1,8) months after the Effective Date, or (ii) seven (7) days
after Licensor's receipt of notice from Licensee, of Licensees abandonment of the Licensed
Premises ("Term").
3. RENT.
Licensee shall pay to Licensor the SLIM of$100.00 as rental for the ftill Term of the License,
on or before the effective date, and prior to Licensee's entry onto the Licensed Premises.
4. CONSTRUCTION AND IMPROVEMENTS.
4.1. ffiscrefi* Imp-rovements.
Licensee may., at its sole discretion and subject to the terms herein, pei-form
modifications, renovations, improvements, and other construction work on the Licensed
Premises. Any modifications, renovations, it or other construction work on the
Licensed Premises shall be referred to hereafter as "Discretionary Improvements"", and shall
be performed by an independent contractor engaged by and paid exclusively by Licensee
t> y
("Licensee's, Contractor"). Licensee may not initiate any Discretionary Improvement on or
to the Licensed Premises unless it first submits all plans, specifications and estimates for the
costs of the proposedi work in writing and also requests and receives, in writing approval
frorn the Licensor, or its designated representative (""Licensors Representative"), which
Licensor herein designates as the Director of the Parks and Community Services
Department or his designee.
Upon start of construction of any Discretionary Improvement on or to the Licensed
Prernises by Licensee pursuant to plans approved by Licensor pursuant to Section 4.2.
Licensee shall substantially complete the Discretionary Improvements in accordance with
the plan specifications within the Terni. For the purposes of this Section, "start of
construction" shall mean the date stated in a Notice to Proceed or other similar document)
issued by Licensee to its Contractor, and "substantial completion" shall mean that point in
time when the Di.scretionary Improvements are completed to such extent as the City of Fort
Worth could issue a Certificate Of OCCLIpancy and a final punch-list is developed by
Licensee and its Contractor. Licensee covenants and agrees that it shall fully comply with
all provisions of this Section 4 in the performance of any such Discretionary Inip,rove ments.
Upon completion of any stich Discretionary Improvements or earlier terniination of this
License, Licensor shall take full. title to any Discretionary Improvements on the Licensed
Premises.
Any of Licensor's property adjacent to the Licensed, Premises that is damaged during the
course of consti"LICtingthe Discretionary Improvements shall be repaired and returned to
LICENSE AGE. EEMENTWITH CITIZENS SUPPORT
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PARK PAGE 2 of 16
its previous condition or better, at Licensee's sole cost and expense. Such repairs shall be
performed prior to Licensee's Conti-actor deniobitizing from the Licensed Premises.
Licensee agrees that no improvement to the Licensed Premises will be designed or
constructed in such a manner that it causes an adverse impact to the usability of
I j censor wch is parkland.
s adjacent property hi 1
4.2. Process for Approval of Plans.
Licensee's plans for construction and itnprovements shall conform to the
architectural stai:idards established by Licensor's *Representative and must also receive
writ-ten approval from the Chief of Police of the City of Fod Worth or his/her designee and
any other city departments as shall be required under ordinance or City policy. All plans,
specifications and work shall conform to all federal,, state and local laws, ordinances, rules
and regulations in force at the time that the plans are presented for review. The City of Fort
Worth shall inspect all work pursuant to its construction inspection procedures.
4.3. Docurnents.
Licensee shall supply Licensor's Representative with coniprehensive Sets of
documentation relative to any Discretionary Improvements,, including, at a minis-nuns, as-
built drawings of each project. As-built drawing s shall be navy w drwings oi- redline changes
to drawings previously provided to Licensor's Representative. Licensee shall supply the
textual, documentation in computer format as requested by Licensor.
4.4 Indemniffication.
LICEJVSEE FURTHER AGREES TO DEFEND AND INDEMNIFY
LICENSOR FROM ANY CLAIM ASSERTED, BY LIEN CLAIM4NTS ON THE
LICENSED PREMISES WHICH LICENSOR POSSESSES PURSUANT TO THIS
I CL"NSE, ARISING OUT OF THE PERF40RMANCE OF CONSTRUCTIONOF
DISCRETIONARY IMPROVF-WENTS BY LICENSEE'S CONTI?ACTOR ON THE'
LICENSED PREA11SES.
5. USE OF LICENSED PIZEMISES.
Licensee hereby agrees to use the Licensed Premises strictly in accordance with the terms
and conditions of this License, solely for purposes related to equestrian care, or for the construction
of Discretionary Improvements related to equestrian care.
6. UTILITIES.
Licensee, at Licenseels sole cost and expense, shall be responsible for the installation and
use of all utilities services to all portions of the Licensed Premises and for all other related utilities
expenses,1 including, but not limited to, deposits and expenses required for the installation of meters
LICENSE AGREEMENT WITH CITIZEN'S SUPPORT
GROUP FOR THE FORT WORT F1 MOUNTED PATROL
FOR A PORT]ON OF WEST COMM UN IT)" PARK PAGE 3 of 16
L 'I the expirat' i nat' of the Tenn. Licensee further covenants and agrees to pay
Intl ion or earlier term' jon
all costs and expenses for any extension, maintenance or repair of any and all utilities serving me
Licensed Premises during the Term. In addition, Licensee agrees that all utilities, air conditioning
and Beating equipment and other electrically operated equipment which may be used on the
Licensed Premises shall fully comply with Licensor's Mechanical, Electrical, Plumbing, Building
and Fire Codes ("Coldies"), as they exist or may hereafter be amended.,
7'. MAINTENANCE AND, REPAIRS.
7.1. Maintenance and Re airs by Ucensee.
Licensee agrees to keep and maintain the Licensed Premises in a good, clean and
sanitary condition at all times throughout the Term. Licensee covenants and agrees that it
will not make or suffer any waste of the Licensed Premises. Licensee, at Licensee's sole
cost and expense, will make all repairs necessary to prevent the deterioration in condition or
value of the Licensed Premises and any improvements thereon, including, but not limited to,
doors, windows and roofs for such improvements, and all fixtures, equipment,
modifications and pavement on the Licensed Premises throughout the Term,. Licensee shall
be responsible for all damages caused by Licensee, its agents, servants, employees,,
contractors, 'subcontractors, licensees or invitees during the Term, and Licensee agrees, to
fully repair or otherwise cure all such damages at Licensee's, sole,cost and expense.
Licensee agrees, that all improvements, trade fixtures, furnishings,, equipment and
other personal property of every kind or description which may at any time be on the
Licensed Premises shall be at Licensee's sole risk or at the sole risk of'those claiming Under
Licensee. Licensor shall not be liable for any damage to such property or loss suffered by
Licensee's business or business operations which may be caused by the bursting,
overflowing or leaking of sewer or steam pipes, from water from any source whatsoever, or
from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or fi-om
causes of any other matter.
7.2. Compliance with ADA.
Licensee acrt7)ives to submit the plans and specifications for the Discretionary
Improvements to the Texas Dear-tment of Licensing and Regulation for review and
approval for compliance with applicable accessNlity statutes and regulations prior to the
commencement of conSti-LICtion of the Discretionary Improvements,
9
7.3. Insipec�tionsi.
7.3.1. Licensor shall have the right and privilege, through its officers, agents,,
servants or employees, to inspect the Licensed Premises. Except in the event of an
emergency, Licensor shall conduct such inspections during Licensee's ordinary
business hours and shall use its best efforts to provide Licensee at .least two (2)
hours' notice prior to any inspection.
LICENSE AGREEMENT WITH CITIZENS SUPPORT
CROUP FO R TI-1 E FORT WORTH M 0 U NT L D PA'"I-RO 1,
FOR A PORTION OF WEST COMMUNITY PARK PAGE 4 of 16
7.3.2. If Licensor determines during an inspection of the Licensed Premises that
Licensee is responsible under this License for any maintenance or replairs, Licensor
shall, noti�, Licensee in vwiting. Licensee agrees to begin such maintenance or
repair work diligently within thirty (30) calendar days following receipt of such
notice and to then complete such maintenance or repair work within a reasonable
time, I ails, to begin the
1, considering the nature of the work to be done. If Licensee f
recd mended maintenance or repairs within such time or falls to complete the
maintenance or repairs within a reasonable time,, Licensor may, in its discretion,,
perfon-n stich maintenance or repairs on behalf of Licensee. In this event, Licensee
will reimburse Licensor for the cost of the maintenance or repairs, and Such
reimbursernent will be due immediately upon written request of Licensor,.
7.3.3. During any inspection, Licensor may perform any obligations that Licensor
is authorized or required to perform under the terms of this License or pursuant to its
goverru-nental duties under federal state or local laws, rules or regulations.
7.3.4. Licensee will permit the City's Fire Marshal or his or her authorized agents
to inspect the Licensed Premises and Licensee will comply with all requirements of
the Fire Marshal or his or her authorized agents that are necessary to bring, the
Licensed Premises, into compliance with the City of Fort Worth Fire Code and
Building Code provisions regarding fire safety, as stich provisions exist or may
hereafter be amended. Licensee shall maintain in proper condition accessible fire
extinguishers of a number and type approved by the Fire Marshal or his or her
authorized agents for the particular hazard involved.
7.4. Envi*ronmental emediation.
To the best of icensor's ki-iowledge, the Licensed Premises comply with all
applicable federal, state and local. environmental regulations or standards. Licensee agrees,
that it has inspected the Licensed Premises, and is ftilly advised of its own rights without
relimce upon any representation made by Licensor concerning the environi-rental condition
of the Licensed Premises, LICENSEE,.AT ITS SOLE COST AND E EN E,A GREL,'S
THATIT SHALL BE FULLY RESPONSIBLE FOR THE REMEDIATION OF' Off'
A-NY V70LATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL
EN"RONMENTAL REGULATIONS OR STANDA.RDS TIJAT IS CAUSED BY
LICENSEE, ITS OFFICERS, AGFfNTS, SERVANTS, EMPLOYEES,
CONTRA CTORS, SUBCONTRA CTORS ORINV77E ES.
7.5 Protection of Lade Worth.
Due to the proximity of the Licensed Pren,iises to Lake Worth, Licensee shall use
cornmerclally reasonable efforts to protect the integrity and water quality of Lake Worth,
including,, Witl`0L]t lil-nitatioll, providing and maintaining suitable methodls and means for
LICENSE AGREEMENT WITH CITIZENS SUPPORT
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PARK PAGE 5 of 16
the disposal of trash, body waste, and excreta in compliance with applicable sanitation laws
and ordinances.
8. 1UGHTS AND RESERVATIONS OF LICENSOR.
Licensor hereby retains the following rights and reservations-
8.1. tAcensor reserves the right to take any action it considers necessary to prevent
Licensee from erecting or permitting to be erected any building or other structure which, in
the opinion of Licensor, would limit the usefulness of the Licensed Premises or diminish the
capability of use of adjacent property owned by Licensor.
8.2. Licensor reserves the right to develop and improve adjacent property owned and
operated by Licensor and any improvements thereon.
8.3. Licensee's rights hereunder shall be subject to all existing, and future utility and
drainage easernents and rights-of-way granted by Licensor for the installation, maintenance,
inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer,
commun I cation or other utility companies. Licensee's rights shall additionally be Subject to
all rights granted by any ordinance or statute which allows utility companies to use publicly-
owned property for the provision of utility services.
90 INSURANCE.
9.1. Licensee shall require Licensee's Contractor to procure, and maintain at all times
during the Term, in full force and effect, the following policies, of insurance: (1) statutory
worker's compensation insurance for all of Contractor's employees and all work-Men on the
Licensed Premises performing construction of Discretionary Improvements, (ii) commercial
general liability insurance, (Ili) business automobile insurance, and (iv) builder's risk
insurance. The con-imercia] general liability insurance policy and the automobile liability
insurance policy shall be primary to all other insurance maintained by Licensee or Licensor
and shall be non-contribUtOl-y; shall contain an endorsement listing the Licensor and
Licensee as additional insured (endorsement C'G 20 1.0 1,o 01 and CG 20 3)7 10 01 such that
Coverage is provided to the additional Insured parties for completed operations; and shall be
written for not less than the limits of liability as follows-,
(1) Conityiercial General Liabil
$2,000,000 each occurrence,
$3,000,0 o general aggregate per project;
$3,000,000 product / completed operations agD,egate; and
$2,000,000 personal and advertising injtiry.
LICENSE AGREEMENT wrri-t CITIZENSSIUPPORT
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORTION OF wEsTCOMMUNrry PARK PAGE 61 olf 16
ii Business Automobile Liahiit
$1,0 00,000 combined single limit.
The conimercial general liability policy shall contain a contractual liability endorsement and
a products completed operations endorsement. the insurance policies stall not include an
of the following endorsements e c tiding or limiting coverage; (1) contractual liability
limitation, CG 21 39 ii amendment of insured contract definition, CG 24 26; (iii)
exclusion — explosion, collapse and underground property dan-cage hazard, CG 21 42 or C
21 3; (iv) limitation of coverage to designated premises or project, CG 21 44 o v
exclusion — dunnage to work perfornied by subcontractors on your behalf, CG 22 94 or C
22 95; vi any type of construction defect completed operations exclusion; and/or (vii) any
type of punitive, e ernp[ar , or multiplied damages exclusion..
The worker's s compensation policy shall contain a waiver of subrogation endorsernent in
favor of Licensor and Licensee.
9.2. Certificates.
As a condition precedent to the effectiveness of this License, Licensee shall firnish
Licensor \with appropi-iate cerwti sates of insurance signed by tl�ie respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. If any such policy shall expire before the Term of this License, Licensee
shall furnis]"i to Licensor a renewal certificate of insurance not less than thirty 30 days
prior to the expiration of any such insurance policy required he reunder..
9.3. Additional Requirements.
All insurance companies providing coverage pursuant to the requirements of this
License Agreement shall have a minit-num Best's,s dating of A- and a Financial Size
Category listing of no lower than VII, both as provided by A.M. Best Company, Inc. Upon
request by Licensor, Licensee shall deliver a copy of all such policies of insurance regUired
I n this License Agreement.
10. INDEPENDENT" C ONT RACI" R.
It is expressly understood and agreed that Licensee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative or
employee of Licensor. Licensee shall have the exclusive right to control the details of'its operations
and activities on the Licensed premises and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees.
Licensee acknowledges that the doctrine of rresp r d. > st,,I) r ior shall riot apply as between
Licensor and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee
fui-her agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between Licensor and Licensee..
LICENSE AGREEMENT WI I1 CITIZENS SUPPORT
GROU FOR THE FOR]-WORTH MOUNTED PATROL,
FOR A PORTION OF W s 1.' `OMMUN1..I.., PARR PAGE 7 of 1
11. INDEMNIFICATION.
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR A SSER TED, ARISING OUT OF OR IN CONNECTION WITH ITS
USE OF OR OPERA TIONS ON THE LICENSED PREMISES D URING THE TERM OR
WITH THE MAINTENANCE, USE, OR OCCUPANCY OF THE LICENSED PREMISES OR
ANY IMPROVEMENTS THEREON DURING THE TERM, EXCEPT TO THE EXTENT
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
L CENSOR, ITS OFFICERS,A GENTS, SER VANTS OR EMPL O PEES.
DURING THE TERM OF THE LICENSE, LICENSEE COVENANTS AND AGREES
TO, AND DOES HER B Y, INDEMNIFY, HOLD IIARMLESS AND DEFEND LICENSOR,
ITS OFFICERS, A GENTS, SER VANTS AND EMPLOYEES. FROM AND A GAINST ANY
AND ALL CLAIMS OR LA YES UI TS FOR EITHER PROPERTY DAMAGE OR LOSS
ANDIOR PERSONAL INJUR Y. INCL UDING D E A TH, TO ANY AND ALL PERSONS, OF
ANY KIND OR CHARACTER, WHETHER REAL OR A SSER TED, ARISING OUT OF OR
IN CONNECTION WITH THE USE, MAINTENANCE, OR OCCUPANCY OF THE
LICENSED PREMISES OR ANY CONSTRUCTION OF IMPROVEMENTS THEREON,
EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL
MISCOND UCT OF LICENSOR, ITS OFFICERS A GENTS, SER VA NTS OR EMPL O PEES.
LICENSEE ASSUMES ALL RESPONSIBILITY AND A GREES TO PA Y LICENSOR
FOR ANY AND ALL INJURIES OR DA MA GE TO THE LICENSED PREMISES OR ANY
IMPR O VEMENTS THE RE ON, WHI CII A RISE O UT OF OR IN CONNECTION WITH A NY
AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES,
EXCEPT TO THE EXTENT CA USED B Y THE GROSS NEGLIGENCE OR INTENTIONA L
MISCONDUCT OF LICE NSORY ITS OFFICERS,AGENTS, SER VANTS OR EMPL O PEES.
12. DEFAULT AND 4"ERMINATION.
In addition to termination rights contained elsewhere In this License, Licensor shall
have the right to terminate this License as follows:
12.1. Failure by Licensee to Pay Rent Fees or Other Char es.
If Licensee fails to pay any rent, fees or other charges due under this License,
Licensor shall deliver- to Licensee a written invoice and notice to pay the invoice within ten
(10) calendar days. If Licensee falls to pay the balance outstanding within such time,
Licensor shall have the right to terminate this License immediately.
LICENSE AGREEMENT WITH CITIZENS SUPPORT
GROUP FOR THE FOR"I,wou"I-I MOULTED PATROL
FOR A PORTION OF WEST COMMUNFI-Y PARK PAGE 8 of 16
12.2., Breach or Default by Licensee,
If Licensee commits any breach or default, other than Licensee's failure to pay rent,,
Licensor shall deliver written notice to Licensee specifying the nature of such breach or
default. Licensee shall have thirty (301) calendar days following such written notice to cure,
adjust or correct the problem to the standard, existing prior to the breach. If Licensee falls to
cure the breach or defaa,ilt within such time period, Licensor shall have the right to terminate
this License immediately.
12.3. Abandonment or Non-Use of the Licensed Preniises.
Licensee's abandonment or non-use of the Licensed Premises for any reason for
more than thirty (30) consecutive calendar days shall constitute grounds for immediate
termination of this License by Licensor.
12.4. Disco n tinual,tion or Fallut-e to COM tie h
Consh-ucoti of Diseret"10,
Improvements.
If Licensee ceases construction of the Discretionary Iniprovements for more than
thirty (30) consecutive calendar days, Licensor shall deliver written notice to Licensee
specifying the nature Of Such breach or default. Licensee shall have ten (1 0) calendar days,
following such written notice to resume consti-Liction. If Licensee fails to resume
construction within such time period, Licensor shall have the right to terminate this License
immediately.
If' Licensee fails to substantially complete construction of the Discretionary
Improvements in accordance with the approved plans and specifications within twelve
months of the start of construction,, Licensee shall be in default of the License, absent a
mutually agreed-upon written waiver of this time requirement for substantial completion.
In the event of a default or ten-nination under this Section 12.4 in addition to
Licensee's financial of to Licensor upon termination as provided in Section 12.5,
Licensee shall have the r1olit pursuant to Section 4.4, to draw down the necessary funds to
pay the reasonable costs of completion of the Discretionary Improvements in accordance
with the approved plans and specifications.
Licensor reserves all other rights and remedies available to it whether expressly
stated or not.
12-5. Licensee's Financial Obligations to licensol- up on Teriiiination, BI-eacti or
Default.
If Licensor terminates this License for any non-payment of rent, fees or other
charges or for any other breach or default as provided in Sections 12.1, 12.2, 12.3, or 12.4 of
this License,, Licensee shall ble liable for and shall pay to Licensor all refit due Licensor for
LICENSE AGREE EN-f"WITH CITIZEN sS'U PPORT
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PARK PAGE 9 of 16
the remainder of the Ten-n as well as all arrearages of rentals, fees, and charges payable
hereunder. In no event shall a reentry onto or reletting of the Licensed P'r,e �.ises by Licensor
be construed as an election by Licensor to forfeit any of its rights under this License.
12.6. Rights of Licensot A Upon Termination or EXpiration..
Upon termination or expiration of this License, title to all improvements on the
I and other
Licensed Premises, the Discretionary Improvements', and all fixtures at
items attached to any structure on the Licensed Premises shall pass to Licensor. In addition,
all. rights, powers and privileges granted to Licensee hereunder shall cease and Licensee
shall vacate the Licensed Premises. Within twenty (20) days following the effective date of
termination or expiration, Licensee shall remove from the Licensed Premises all tools,
machinery, equipment,, materials and supplies placed on the Licensed Premises by Licensee
pursuant to this License (other than machinery, eqUipi-nent and n-taterials 'incorporated into
or used in the operation of the Facility). After such time, Licensor shall have the right to
to full possession of the Licensed Premises, by force if necessary, and to remove any and
all parties and property remaining on any pail of the Licensed Premises. Licensee agrees
that it will assert no claim of al,i), kind against, Licensor, its agents, servants,, employees or
representatives, '"Ihich may stern fi-om Licensors ter"i-iination of this License or any act
incident to Licensor"s, assertion of its right to terminate or Licensor 11 s, exercise of any rights
granted hereunder.
13. NOTICES.
Notices required pursuant to the provisions of this License shall be conclusively
determined to have been delive red when (i) hand-delivered to the other party, its agents,
I
employees, servants or representatives, or (ii) deposited in the United States Mail, postage
prepaid, addressed as follows:
To LICENSOR.
City of Fort Worth
Police Department
Attn: Joe Kornisarz
'150 Belk-nap
Fort, Worth, TX 76102
With a copy to.
City of Fort Worth
Parks and Community Set-vices Department
Attn: David Creek
4200 South Freeway', Suite 2200
Foil Worth, TX 76115
LICENSE AGREEMENT WITH CITIZENS SUPPORT
GROUP FOR THE FOR1'WORTH MOUNTED PA'_IROL
FOR A PORTION OF WEST COMMUNITY PAR]< PAGE 10 of 16
With a copy to
City Attorney's Office
Attn: Leann Guzman
1000 Th-rockmorton
Fort Worth, TX 76102
'I"'o LICENSEE:
Citizens Support Group for the Fort Worth Mounted Patrol
Attn: Bradford S. Barnes
PO Box 150
Fort Worth, Texas 76107
14 I-JENS, BY LICENSEE.
Licensee ackno wtedcyes that it has no authority to engage in any act or to make any contract,
which may create or be the foundation for any lien upon the property or interest in the property of
Licensor. If any such purported lien is created or filed, Licensee, at its sole co,st and expense, shall
liquidate and discharge the same within ninety (9 0) days of such creation or filing. Licensee's
failure to discharge any such purported hen shall constitute a breach of this License and Licensor
I written notice. However, Licensee I's financial
may terminate this License upon thirty (30) days' wr* 3
obligation to Licensor to liquidate and discharge such lien shall continue in effect following
termination of this License and U111til such a time as the lien is discharged.
151. TAXES AND ASSESSMENTS.
Licensee agrees, to pay any and all federai, state or local taxes, or assessments which may
lawful.ly be levied against Lileei"isee due to Licensee's use or occupancy of the Licensed Premises or
any improvements or property placed on the Licensed Premises by Licensee as a result of its
occupancy.
16. COMPLIANCE WITH LAWS, ORDINANCES RULES AND REGULATIONS.
Licensee covenants and agrees that it shall not engage in any Unlawful use of the Licensed
Premises. Licensee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors,, patrons, licensees or invitees to engage in any unlawful use of the
Licensed Premises and Licensee ii-n,med lately shall remove from the Licensed Premises any person
engaging in such unlawful activities. Unlawful use of' the Licensed Premises by Licensee itself
shall constitute an immediate breach of this License.
Licensee agrees to compily with all federal, state and local laws; all ordinances, rules and
regulations of Licensor; and all rules and regulations adopted by the City Council pertaining to the
1 9
Licensed Premises. If Licensor notifies Licensee or any of its officers, agents,, employees,
LICENSE AGREEMENT W11-1-4 CITIZENS SUPPORT
GROUP FOR]"HE FORT WOR-11-1 MOUNTED PATROL
FOR A PORTION OF wF-,s,r COMMUNITY PA R]< PAGE 1 1 of 16
contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or
regulations, Licensee shall immediately desist from and correct the violation.
17. NON-DISCRIMINATION COVENANT.
Licensee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees that no person shall be excluded from participation in or denied the
benefits of Licensee's use of the Licensed Premises on the basis of race, color, national origin,
religion, handicap, sex, sexual orientation, familial status, gender identity, gender expression, or
transgender. Licensee further agrees for itself, its personal representatives, successors in interest
and assigns that no person shall be excluded from the provision of any services on or in the
construction of any improvements or alterations to the Licensed Premises on grounds of race, color,
national origin, religion, handicap, sex, sexual orientation, familial status, gender identity, gender
expression, or transgender.
IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY LICENSEE, ITS PERSONAL
REPRESENTATIVES, SUCCESSORS IN INTEREST OR ASSIGNS, LICENSEE
AGREES TO INDEMNIFY LICENSOR AND HOLD LICENSOR HARMLESS.
18. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this License, Licensor does not waive or
surrender any of its governmental powers.
19. NO WAIVER.
The failure of Licensor to insist upon the performance of any term or provision of this
License or to exercise any right granted herein shall not constitute a waiver of Licensor's right to
insist upon appropriate performance or to assert any such right on any future occasion.
20. VENUE AND JURISDICTION.
If any action, whether real or asserted, at lain or in equity, arises on the basis of any
provision of this License or of Licensee's operations on the Licensed Premises, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas, Fort Worth Division. This License shall be construed in
accordance with the laws of the State of Texas.
21. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this License and
either party should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
LICENSE AGREEMENT WITH CITIZENS SUPPORT
CROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORT[ON OF WEST COMMUNITY PARK PAGE 12 of 16
agreement, Licensor and Licensee agree that each party shall be responsible for its own attorneys"
fees.
22. EVERABILITY.
If any provision of this License shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.,
23. FORCE MAJEURE.
If either party is unable, either in 'whole or part, to fulfidl its obligations under this Agreement due to
,acts of God,; stril�es, lockouts,, or other industrial disturbances; acts of public enemies; wars;
blockades; insurrections; 1*iots; epideniics; public health crises.; earthquakes, fires; floods; restraints
or prohibitions by any court, board, department, commission, or agency of the United States or of
any state; declaration of a state of disaster or emergency by the federal, state, county, or City
government in accordance with applicable law, issuance of an Imminent Threat Alert or Elevated
Threat Alert by the United States Department of Homeland Security or an equivalent alert system
that may be instituted by any agency of the United States- any arrests and restraints, civil
disturbances,,- or explosions; or son-ie other reason beyond the party's reasonable control
(collectively'. "Force 'MajeLire Event"), the obligations so affected by such Force, Majetire Event will
be suspended only during the continuance Of Such Force Majeure Event. If a Force Majeure Event
occurs, the City rnay, in its sole discretion, close or postpone the opening Of its COMMUnity centers,
parks, or Other City-owned and operated propeilies and facilities in the interest of public safety and
operate them as the City sees fit. Licensee hereby waives any claims it niay have against the City
for damages resulting from any such Force Majeure Event.
24. HEADINGS NOT CON'rROLUNG.
Headings and titles used in this License are for reference purposes only and shall not be
deemed a part of this License.
25. ENTIRE4"I"Y OF AGREEMEN"17
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire Understanding and agreement betweei"i Licensor and Licensee,, its
assigns and successors in interest,, as to the matters contained herein. Any prior or
contemporaneous oral. or written agreement is hereby declared null and void to the extent in conflict
with any provisions of this License. The terms and conditions, of this License shall not, be amended
unless agreed to in writing by both parties and, if necessary, approved by the City Council of
Licensor.
IN
W ITNESS WHERLE OF, the parties hereto, have executed this License in multiples, this
J�
& day of 2�O 14.
_tJ
LICENSE AGREEMENT WITH CITIZENS SUPPORT
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PAR]"", PAGE 13 of 16
LICENSOR:
CITY OF FORT WORTH:
Bar.
Ass is it ' Manager
APPROVED S T F AND LEGAL T
IY
By °
s
Senior Assistant City Attorney
rney
.. IOMNNNWI
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OFFICIAl RECORD
CITY SECRm `LICEENSE AGREE.MENT WITH CITIZENS S1.,.11,PP R
GROUP FOR THE FORT WORTH MOUNTED PATROL
FOR A,POR'riON OF WEST COIVIMUNITY PARK PAGE 14 of 1
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By. 0
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Mary J. Kayser co
City Secretary*0-2LiP99 —
AS
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Approved: 3/4/�=4
CITIZENS SUPPORT GROUP FOR THE
,FORT WORTH POLICE MOUNTED PATROL,
a Texas non-profit corporation
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Name: B rc,, �ord S. B art es
Title: President
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LICENSE AGREEMEN r WI TH CITIZENS SUPPORT
GROUP,FOR THE FORT WORTH MOUNTED 1NTED PAT OL
FOR,A PoRTIoff! OF WEST COMMUNITYPARK PAGE 15 o '16
EXHIBIT All
LICENSED PRE MISES
SEE ATTACHED DOCUMENT
LICENSE AGREEMENT EMENT WITH CITIZENS SUPPORT
GROUP FOR TIME FORT WORTH MOUNTED PATROL
FOR A PORTION OF WEST COMMUNITY PARK PAGE ]6 of 16
MAYOR, AND COUNCIL, COMMUNICATION
WEST COMNITAITY PARK
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M&C,Review Page I olf 2
Official site of the City olf Fort Worth,Texas
RAI VII& FORT WORT I]
CITY L'OUNCIL AGEnUA ?IUJI
COUNCIL ACTION: Apprloved on 3/4/2014
ROOM
DATE: 3/4/2014 REFERENCE NO.: C-26699 LOG NAME: 35MPEFDONATE
COD,El C TYPE: NON- PUBLIC NO
CONSENIT HEARING:
SUBJECT: Authorize Execution of a License Agreement with the Citizens support Group for the Fort
Worth: Police Mounted Patrol to Construct a Mounted Patrol Equestrian Facility at West
Park, Approve Development Fee Waivers, and Authorize Acceptance of a Gift, Deed
Conveying to the City of Fort Worth All Interest in the Mounted Patrol Equestrian Facility
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1,. Authorize the execution of a License Agreement with the Citizens Support Group: for the Fort
Worth Police Mounted Patrol to construct a Mounted Patrol Equestrian Facility at West, Park;
2. Approve the waiver of all development', fees associated with the project in the approximate amount
Of$103000-010;
3,., Find that the waiver of such feels serves to carry out the public purpose of promotion of public
safety and the construction of a facility to be donated to the City of Fort Worth pursuant to the License
Agreement, and that adequate controls are, in place through the License,Agreement to carry olu,t such
public purpose; and
4. Authorize the acceptance of a giift deed conveying to the City of Fort Worth all interest in any real
property improvements, fixtures and equipment at the Mounted Patrol Equestrian Facility.
DISCUSSION:
On October 23, 2012, (M&C L-15459) the City Council approved the use of approximately 101 acres of
West Park for construction of equestrian facilities for the Fort Worth Police Department.
The proposed project is needed to replace the existing facility used by the Mounted Patrol Unit in the
near,north s i d e/Stockya rds area. The existing facility is more than 25 years old, lacks restrololm and
locker room facilities and has inadequate storage and office areas. Since this facility was originally
built, the size of the Mounted Patrol Unit has more than doubled, and although temporary stalls were;
added to house the additional animals,' the current site does not provide sufficient exer,ci,se or turn-out
areas, for the animals. Construction of a new larger facility at West Park will allow the Police
Department to correct all of these deficiencies.
During 2013, the Citizens Support Group for the Fort Worth Police Mounted Patrol raised $3.2 million
from private sources to construct this facility and now desires to design and construct the equestrian
facility., The facility is projected to cost $,3.2 million to design and construct, and the projected
completion date is December 2014.
The City and thel Citizens Support Group for the Fort Worth Police Mounted Patrol' will enter into a
License Agreement outlining rules and requirements governing the relationship between the two
parties, allowing contractor access to the site for design and construction work, and providing, for the
donation of the facility to the City upon completion of the improvements via a Gift Deed.
Staff recommends that the City Council agree to waive the following fees related to the project that
would otherwise be charged by the City,: i all building plermit, plan review, inspection, and re
inspection fees, 0i) all zoning fees, (iii) all temporary encroachment fees, (iv), all platting fees, and, (V)
all fire, sprinkler, and alarm permit fees. All other fees charged or assessed by the City, in
accordance with applicable federal, state and local, laws, ordinances:, rules and regulations, including„
http://appis.cfwriet.org/council—packet/i-nc—review.asp?TD-19:475&coutic,iIdate=3/4/2014 3/6/20].4
M&C. Review Page 2 of 2
but not limited to, transportation impact fees and water and sewer impact fees, are not waived and
shall be fully payable. The estimated value of the fees to be waived is in the amount of
$101,0100.00. Staff recommends these fee waivers as an appropriate tool' that incentivizes, and
promotes private financial participation in City projects and maximizes the fiscal efficiency of the
financial participation. Construction of this facility will be overseen through the permitting processes
outlined in the City Code. The fee waivers will serve the public purpose of public safety and the
construction of a facility to be donated to the City pursuant to the License Agreement, which puts in
place adequate controls to carry out such public purpose.
The Police Department will budget for operating costs,of this facility beginning in the City's Fiscal
Year 2015 annual budget. The Fort Worth Police Department and the Parks and Community
Services Department has executed an Interdepartmental Agreement that specifies the roles and
responsibilities of each department.
The Fort Worth Mounted Patrol Citizens Support Group, retains the naming rights for this facility in
perpetuity, provided the exercise of this right does not negatively impact the reputation of the City.
West Park is located in COUNCIL DISTRICT 7, Map:sco 591 .
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services, Director certif'ies,that approval of the above recommendations
will have no material effect on City Funds.
TO Fund'/Account/Center:s FROM Fund/Account/Centers
.......... ................. .......11.......____................................................................ ...............__................. .............. ...........
Submitted for City Manager I S Office by.-, Charles Daniels (6199)
Originatip_q Department, Head: Jeffrey W. Halstead (42311)
Additional Information Contact.-. Joe Komisarz (42,89)
.............. ............
ATTACHMENTS
mou::nted site.ndf
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MAYOR AND COUNCIL COMMUNICATION
WEST COMNHJNITY PARK
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E)dsting F'FA Facility
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Client#: 88958 18CITIZ UP
ACORDTU CERTIFICATE OF LIABILITY INSURANCE DATE(MV/DI�IiYYY)
04/24/2014
THIS CERTIFICATE I'S ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR,NEGATIVELY AMEND,1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE FOR PRODVCE'R,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the,certificate'holder,is an ADDITIONAL NAL INSURED,the policy(ies)must be endorsed.If SUBRGGAT"ION'IS'W"AIVIED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s .
PRODUCER CONTACT
NAME:
Wortham Insurance&Risk M mt. PHONE FAX
A E�Stc No, :817 338-8838 Arc, 0): 817-3~38-8257
1800 West Seventh Street E-MAIL
ADDRESS:
Fort Worth,TX 76182-2576102-25,015 �� .............. INSURER($)AFFORDING COVERAGE NAIC_—.......,__M�..., o�. �_...
817 88��336-3030: n
INSURER A:Cincinnati Specialty Underwrite 18887.
INSURED INSURER B u
Citizens Support Group for the Fort �
INSURER C . mmw..
Worth Mounted Patrol
INSURER I
P.O, Box 158
INSURER E
Fort Forth, TX 78181
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT '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 01F 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID, CLAIMS.
INSR TYPE'OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP L�IMIITS
LTR INSR 'W IC POLICY NUMBER MN�NItI�IIC�,lYYYY MM/DDIYYYY
A GENERAL LIABILITY CSU0057 35 4121/2814 12/31/2014 EACH OCCURRENCE 1,00 ,080
DAMA E T RENTED
COMMERCIAL GENERAL LIABILITY PREMII ES Ea occurrence)
CLAIMS-MADE f OCCUR MED EXP(Any ru
"I ne person) $
f PERSONAL&AD'V INJURY
0 C P GENERAL AGGREGATE s2,01,00,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS CdMICP AGG
P
POLICY � LOG $
AUTOMOBILE LIABILITY r E accident SINGLE LIMIT
ANY AUTO BODILY INJURY(Per person) $
f ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident)
NON-OWNED PROPERTY DAMAGE:
HIRED AUTOS AUTOS Per eccidenfi.
UMBRELLA LtAB OCCUR EACH OCCURRENCE
EXCESS LIAB
CLAIM S-MADE I AGGREGATE $
DEU RETENTION$
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS"LIABILITY Y I N n QRY LIMITS µ
ANY OFICERJMEMBER EXCLUDED?ECUTIIJE Lj N/A
E.L.EACH ACCIDENT $
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,dec6e wonder
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS C LOCATIONS,I'VEHICLES(Attach ACORD 1011,Additional Remarks Schedule,If more space Is required)
CERTIFICATE HOLDER CANCELLATION
City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Fort Worth Police Dept. ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:Joe 1omulsarz
350 W Belknap AUTHORIZED REPRESENTATIVE
Fort'Wolrth,TIC 76102
1,988-2010 ACORD CORPORATION,All rights reserved.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#,S4588741M458878 18BKS
DINE,(I'M/DDIYYYY)
AC"Ri;
CERTIFICA 1 E Off" ►B ITS NSURAN E 04/1/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY" AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW'. THIS CERTIFICATE E OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT-. If the certificate holder is ;gin ADDITIONAL INSURED, the policy(ies)i must be endorsed. If SUBROGATION IS WAIVED, srubject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate dares not confer,rights to the
certificate holder in lieu of such endorsement (s).
PRODUCER CA 0OH64724 1-972-551-4400, CONTACT Michelle sauc'edo
Imo, Inc (Dallas Division) 1 r C„ 5.
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972 551-4400 AlC �I1 449C►
...,.,w. 7 ,, e,...... .
14185 Dallas Parkway
E-MAIL m chel.;le.eauced acorp.co w
suite 804 _ _..
Dallas, TX 75254 _ ..
�.,...�,...,,,�....n.. _....a. ..._...� ......�.,,INSURER AEoRCJII►IC��fVEF�A� ,...,, NAIC# .
INSURER A: AMER I SURE INS CO, ;194,8 8
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INSURED INSURER B S PAULA FIRE & MARINE INS CO 124767
TEXAS T,INS CO
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SED'AD�” Inc. & S'EDALaC"o, LIP INSURER C:
2564 E. Long Avenue INSURER D: TRAVELERS LLOYDS INS Co 41262
INSURER E __ ..ww.._..
Fort Worth, TX 7'6137 _ - � �,, � _..��.� a 1 ------
INSURER F
COVERAGES CERTIFICATE NDI" BER; 391249108 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 THIS POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N UG N W �� ' POLICY TYPE of INSURANCE POLICY NUMBER MM/ "YY MM/DD YY LIMITS
A GENERAL, PP2073836 12/31/13 12/31/14
[_EACH OCCURRENCE 1,000. 0
4 I
I MA`E` RED T�IU _w,
�..... COMMERCIAL GENERAL IAI NLNY P�ENI rere
111i.
�............. OCCUR " D EXP..(Any�� person)
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.....„„
PERSONAL&ADV INJURY $ 1,0 0 0,011010
._......W AGGREGATE
000,000
GEN' AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP ACC 2,00'0,0 0 CI
x ........ .. ..w ........ ��_ „W,��.�.._...... .., ......_
POLICY X PRC1 LDC $
AUTOMOBILE ILE LIABILITY CA 2 CN 7 3 8 3 6 10 12731/1 12/31/14!COMBINED,SINGLE LIMIT
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m..a_.�.. I Ee accident ,.. ..
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ANY AUTO BODILY INJURY person), ,
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$
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ALL OWNED _�... SCHEDULED BODILY INJURY(Pier evident) $
AUTOS AUTOS
NON-OWNED ( PROPERTY DAMAGE $
iIREN AUTOS AUTOS '; � Nder�I .._.. ................
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,..
UMBRELLA OCCUR ZUP12P29594l3NF 1�/3l�'l 12/31/14 EACH oCCURREN!CE $ 101 000, 00
EXCESS LlAB CLAIMSI-MADE AGGREGATE $ 10 0 0 0,0010
DECD 6 X RETENTION$1 10,00 0 $
iE
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woR14ER' TSF00012 7457 12/31,/13 12/3'1/14 X
AND EMPLOYERS LIABILITY � 'e.0 I,T.�_, � ,,,�...... ..- A... .,
EXCLUDED? ' N
ANY�ERP� �OR/PARTNE� ECUTI�E � E.L.�AC....I ACCIDENT ,m....,. 0 0 1 A M ,ER N�A _
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(Mandatory in NH)i U.Ee L DISEASE EA E�1PLC�YE��m ...._.� _... ...
If yes describe under ..
DESCRIPTION of OPERATIONS belle E.L.DISEASE-POLICY LIMIT 1,CN IJ 0, '0 0
D JBUILDERS ALL RISC QT'6+608850L1 9 12/31/1 12/31/141 MAX ANY OCC 210,000,
VALUES SPECIAL FORM � 1 EXCEPT
1
FRAME/BV/'JM 2,000,040
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
Re: New Facility for the Fort worth Police Mounted Patrol. Citizens Support Group and City of Fort Worth are included
as Additional Insured on the General and Auto Liability Policies if required by written contract or agreement subject to
p y Primary/Non-Contributory on the General and. Auto Liabilty Policies
the o.�.c terms and conditions. This Insurance �S Pr .rrlar
subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of "Additional Insured” on the
Worker's Compensation Policy if required by written contract or agreement subject to the policy terms and conditions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Citizens Support Group for the Fort Worth Police THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Mounted Patrol ACCORDANCE WITH THE POLICY(PROVISIONS.
P.o. Box 150
AUTHORIZED REPRESENTATIVE
Fort Worth, TX 76101-0150
'SA
1988-2010 ACORD,CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACCORD
msauedo
39249105
Policy # GA o 3 3600
THIS ENDORSEMENT CHANGES, THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS ADVANTAGE
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsemaent.
The premium for this endorsement is
1. BROAD FORM INSURED
SECTION 11 - LIABILITY COVERAGE,A.I.who Is An Insured is amended by the addition of the following.-,
d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability
company, and over which you maintain ownership or a majority interest,will qualify as a Named Insured.
However,
( Coverage under this provision is afforded only until the end of the policy period-
( Coverage does not apply to '"accidents"or"loss"that occurred before you,acquired or formed the
organization;and
(3) Coverage does not apply to an organization that is an 14 insured PIP under any other policy or would be an
"insured"but for its termination or the exhausting of its limit of insurance.
e. Any 4`employee 1"of yours using:
1 A covered 64 auto"'you do not own, hire or borrow,or a covered"auto"not owned by the"employee"or
a member of his or her household,while performing duties related to the conduct of your business or x
your personal affairs; or
( An"auto"hired or rented under a contract or agreement in that"employee's"name, with your
permission, while performing duties related to the conduct of your business. However,your
"employee"'does not qualify as an insured under this paragraph 2) while using a covered "'auto"
rented from you or from any member of the t`employee"s" household.
f. Your members, if you are a limited liability company,while using a covered ",auto'"you do not own, hire or
borrow and while performing duties related to the conduct of your business or your personal affairs,
. Any person or organization with whom you agree in a written contract, written ,agreemaent or permit, to
provide insurance such as is afforded under this policy, but only with respect to your covered `autos'.
This provision does not apply:
1 Ulnless the written contract or agreement is executed or the permit is issued prior to the"`bodily injury'
or"property damage"
2) To any person or organization,included as an insured by an endorsement or in the Declarations- or
To any lessor of"autos''unless:
a The lease agreement requires you to provide direct primary insuran ce for the lessor;
b The"'auto" is leased'without a driver; and
V
.Includes copyrighted material of Insurance Services Office, Inc.
A 1 1 11, 09 Page 1 of 5
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Policy#:C,A207383600
(c) The lease had not expired.
Leased"autos"covered under this provision will be considered covered 44autos"you own and not covered
"'autos"'you hire.
h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on,
the effective date of this endorsement.
This provision does not apply to"bodily injury 00 or"property damage"' for which an "'insured"is also an
insured under any other automobile policy or would be an insured under such a policy, but for its
termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically
in excess of this policy.
2. COVERAGE EXTENSIONS- SUPPLEMENTARY PAYMENTS
Under Section 11 - LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs(2) and (4) are
deleted and replaced as follows:
(12,) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because
of an"accident's we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the"insured"at our reque,s,t, including actual loss of earnings up to
$500 a day because of time off from work,
3. AMENDED FELLOW EMPLOYEE EXCLUSION
Under SECTION, 11 - LIABILITY''COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted
and replaced by the following:
5. Fellow Employee
0
"Bodily injury""to:
a. Any fellow employee"of the"insured arising out of and in the course of the fellow"employee's
employment or while performing duties related to the conduct of your business. However,this
exclusion does not apply to your""employees""that are officers, managers, supervisors or above.
Coverage is excess over any other collectible insurance.
b. The spouse, child, parent, ""employee""brother or sister of that fellow, employee"as a consequence of paragraph
a. above.
4. HIRED,AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE
A. Under SECTION III - PHYSICAL DAMAGE COVERAGE,A.COVERAGE, the following is added..
If any of your owned covered'"autos'"are covered for Physical Damage" we will provide Physical Damage
coverage to"autos"'that you or your""employees""hire or borrow, under your name or the"employee's"
name, for the purpose of doing your work.
We will provide coverage equal to the broadest physical damage coverage applicable to any covered
04 auto"'shown in the Declarations, Item three, Schedule of Covered Autos You Own, or on an
endorsements amending this schedule.
B. Under SECTION III PHYSICAL DAMAGE COVERAGE,A.4, Coverage Extensions. paragraph b. Loss,
Of Use Expenses,is, deleted and re laced with the following
-
b. Loss Of Us'e Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "'insured'" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental
contract or agreement,. We will pay for loss of use expenses if caused by:
(1) Other than collision, oinily if the Declarations,indicate that Comprehensive Coverage is provided
for any.colvered "auto";
Includes copyrighted material of Insurance Services Office, linc.
Paige 2 of 5 CA 71 1 8 11 0 9
Policy #:( A2073836OiO
(2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss
Coverage is provided for any covered idauto"", or
(3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered
44 auto".
However,the most we will pay for any expenses for loss of use is $3,0 per day, to a maximum Of
$2#1000.
C. Under SECTION IV'—BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance,
paragraph b. is replaced by the following:
b. For Hired Auto Physical Damage, the following are deemed to be covered"autos"you own:
1. Any covered"auto„you Ilease, hire, rent or borrow-, and
2. Any covered"auto"hired or rented by your"employees,"'under a contract in that individual,
"employee"s"'name, with your permission,.while performing duties related to the conduct of your
business.
However,any"'auto'"that is leased, hired, rented or borrowed with a driver is not a covered '"auto"", nor,
is any"auto#$you hire from any of your"'employees V1, partners (if you are a partnership), members if
you are a limited, liability company), or members of their households.
5-1 LOAN OR LEASE GAP COVERAGE
"Under SECTION III—PHYSICAL DAMAGE,COVERAGE,A.COVERAGE, the following is added:
If a covered 414 auto"' is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the
event of a covered total#4 loss 00, any unpaid amount clue on the lease or loan for a covered "auto"", less:
(a The amount paid under the Physical Damage Section of the policy* and:
M Any-
(1,) Overdue lease or loan, payments including penalties, interest or other charges resulting from overdue
payments at the time of the"loss,
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
1(3) Costs for extended warranties, Credit,Life Insurance, H:lealth,Accident o:r Disability Insurance
purchased with the loan or lease.,
(4) Security deposits not refunded by a lessor; and
(5) Carry-over balances from previous loans or leases.
6. RENTAL REIMBURSEMENT
Under SECTION III - PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions, paragraph a.
Transportation Expenses is deleted and replaced by the following:
ad, Transportation Expenses
(1) We will pay,up to $75 per day to a maximum of$2,000 for transportation expense incurred by you
because of covered "'loss". We will pay only for those covered"autos"for which you carry Collision
I
'Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay
for transportation expenses incurred during the period beginning 24 hours after the covered "loss"'
and ending, regardless of the policy's expiration,when the covered"auto'"is returned,to use or we
play for its"'loss". This coverage is in addition to the otherwise applicable coverage you have on a
covered "auto". No deductibles apply to this coverage.
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 18 11 09 Page 3 of 5
...........
Policy #:CA207383600
(2) This coverage does not apply while there is a spare or reserve"auto"available to you for your
operation.
7. AIRBAG COVERAGE
Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the
following:
3. We will not pay foir"loss"caused by or resulting from any of the following unless caused by other"loss'"
that is covered by this insurance:
(1) Wear, and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not
include the discharge of an airbag,
(2) Blowouts, punctures or other road damage to tires.
8. GLASS REPAIR—WAIVER OF DEDUCTIBLE
Section IIIPHYSICAL DAMAGE COVERAGE,D. Deductible is amended to add the following:
No deductible applies,to glass damage if the glass is repaired rather than replaced.
9. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE
Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following:
When there is a loss to your covered"auto" insured for Collision Coverage, no deductible will apply if the loss
was caused by a collision with another"'auto"insured by us.
10. KNOWLEDGE OF ACCIDENT
Under SECTION IV- BUSINESS AUTO CONDITIONS,A. Loss Conditions, 2. Duties In The Event Of
Accident, Claim,Suit Or Loss, paragraph a. is deleted and replaced by the following:
a. You must see to it that we are notified as soon as Practicable of an "accident", claim, "suit'or"loss'".
Knowledge of an"accident"', claim, "suit"or"loss" by your"'employees"shall not, in itself, constitute
knowledge to,you unless one of your partners,executive officers, directors, managers, or members (if you
are a limited liability company) has knliowledge of the""'accident", claim "suit or"'loss". Notice should
include.,
(1) How,when and where the"accident"or"loss"'occurred;
(2) The "insured's"name and address- and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION
Under SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 51. Transfer Of Rights
Of Recovery Against Others To Us is deleted and replaced by the following::
5. Transfer Of Rights Of Recovery Against Others To Us
If any person or organization to or for whom we make payment under this Coverage Form has rights to
recover damages from another, those rights are transferred to us. That person or organization must do
everything necessary to secure our rights and must do nothing:after accident"or"loss" to impair them.
However, iif the "insured"has waived rights to recover through a written contract, or if your work was
commenced under a letter of intent or work order, subject to a subsequent reduction in writing with
customers whose customary contracts require a waiver,we waive any right olf recovery we may have
under this Coverage Form.
Includes copyrighted material of Insurance Services Office, Inc.
Page 4 of 5 CA 71 18 11 09
Policy #-.CA207383600
12. UNINTENTIONAL FAILURE,TO DISCLOSE HAZARDS
Under SECTION IV- BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2.
Concealment, Misrepresentation Or Fraud is amended by the add ition of the folloo ing*
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards
,existing as of the inception date of this policy. You, must report to us any knowledge of an error or ornission
in your representations as soon as practicable after its discovery. This provision, does not affect our right to
collect additional premium or exercise our right,of cancellation or non-reniewal.
13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN'CONNECTION WITH RAILROADS
When, required by written contract or written agreement, the definition of"insured contract" is amended
as follows-
The exception contained, in paragraph H.3. relating to construction or demolition operations on or within
50 feet of a railroad; and
Paragraph H.a.
are deleted with respect to the use of a covered auto" in operations for, or affecting, a railroad.
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 18 11 09 Page 5 of 5
............ ..............."I'l""I'll'.11.11.11,111,11--l'I'll'-,-.,�I...................
Policy 207
CA38: 0! - EDALO, 111C. �I
THIS ENDORSEMENT CHANGES THE i POLICY'., PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION
PROVIDED BY' U'S
INumber of Days Notice
For any statutorily permitted reasonoither than, nonpayment of premiurn,the number of deny required, for notice of cancellation jis
increased to the number of days shown, in the Schedule above.
If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation
based on the number of days notice shown above.
S'CHEDU'LE
Name of Person or Organizatio n
The Name of Person or Organization is any person or orgainization holding a certificate of insurance
issued for you, provided the certificate:
1 Refers, to this policy;
2. States that notice of:
a. Cancellation;
b. Nonrenewal; or
c. Materiail change reducing or restricting coverage;
will be provided to that person, or organizatiom,
3 Is in effect at the time of the:
a. Cancellation;
b,. Nonreniewal; or
c. Material change reducing or restricting coverage; and
4. Is on file at your agent or broker"s, office for this policy.
Mailing Address
The Mailing Address is the address shown for that person or organiization in that certificate of
insurance.
IL 70 45 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS;
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided tinder the lollowincj:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number Agency Nlurrber Policy Effective Date
CPP2073835 12/31/13
Policy Ex pi ratio n/Ca n cell I ation Date Date Account Number
12/31/14
Named Insured Agency Issuing Company
SEDALCO,I -i� -e 'lnsuance Compa ny
nc. IMA, In c. Am,e i ,Lu i-
1. SECTION If -WHO! IS AN INSURED is amended to add as an insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement relating
to your business. The written contract or-written agreement must require additional insured status for a time
period during the term of this policy �nd be executod prior to the "bodily injury", "propert.y dQrnage", or"perconal
and advertising injury" giving rise to a claim under this policy. If, however, "your work"was commenced under
a, letter of intent or wort order, subject to a subsequent reduction to writing within 30 days from such
commencement and with customeirs whose customary contracts require they be named as additional insureds:,
we will provide additional insured status as specified n this endorsement.
However, if you hRve ente.red into q construct ion c_,orvt,�ct suh-ject to S uh-chapter C, of Chopter 151 of Suhfitle
of Title, 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such persons} or
organization s)only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of
the Texas Insurance Code.
2. SECTION 11 -WHO IS AN INSURED is amended to add the following,
It the addiitional Insured IS',
a., An individual, th,eiir spouse is also an additional insured.
b. A partnership or joint venture,, members, partners, and their spouses are also additional 'Insureds.
c. A limited liability company, members and manac.ers are also additional insureds.
d. An organization other than a partnership,joint venture,or limited liability company, executive officers and
directors of the organization are also additional i"ISUreds. Stockholders, are also additional' insureds) but
only with respect to their liability as stockholders
e. A trust, trustees are also, Insureds, but only with 'espect to their duties as trustees,
3. The insurance provided to the additional insured Linder this endorsement is limited as follows.,
a,. That person or organization Is only an additional insured with respect to Ilia bility arising out of,
(1) Premises, you own, rent, lease, or occupyt or
(2) Yni it nnonino nr)Prqhnnr,, i in1w;q the written cnntr;;irf nr written norppmpnt n1c;n r-pqi Jrp.q mair)MPCI
operations coverage or wording to the sarre effect), in which case the, coverage provided shall
I
extend to your completed operations for that additional insured.
Premises, as respects this provision, shall incline common or public areas about such premises if so
required in the written contract or written agreerrent.
Includes copyrighted material o-' Insurance Services Office, Inc.
CG 70, 85 12 11 Page 1 of 2
Policy#:CPP2073835
Ongoing operations, as respects this provision, does not apply to "bioldily injury"or"property dlamagie"'
occurring afters
�(a), All work including materiaJls, parts Or equipnent furnished iin connection with such work on the project
(other than 3erVice,, maintenance or repairs)to be performed by or on behalf of the additional
insured(s),at the site of the covered operations has been completed; or
(b) That portion of"your work 1) out of which the injury or,damage arises, has been put to its intended use
by any person Or organization other than arother contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
b. The limits of insurance applicable to the additional insured are the least of those specified in the written
contract or written agreement or in the Declarations of this policy. The limits of insurance applicable to the
wIrlitinnni inqiirp,(l qrp inr.1iiqivP of anri not in qrirlltinn to thp limits of inqijrpnr.p qhnwn in the nPr.inrntinn,0,
c. The additional insured status provided by this erdorsement does not extend beyond the expiration or
termination of a premises lease or rental agreerrient nor beyond the term of this policy.
d If n writfpn r.nntrnrt nr\Ajrittpn Aorppmpnt Aq ni iffinpri Ahc)\Ip rp(p iirpq thAt ArlditinnAl iwzi irpri ctAtl iq hp
provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are
incorporated into this endorsement as respects such additional insured, to the extent that Such terms do
not restrict coverage otherwise provided by this endorsement:
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS (FORM e)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization- Blanket Where Required by Written Contract or
Agreement that the terms of CO 20 10 1185 apply.
If no entry appears above, information required to complete this endorsement will
be shown, iin the (Declarations as alppllIcable to this endorsement)
-
WHO, IS I AN INSURED: (Section 11) is ame-ded to,iln�clude, as, an insured the person
or organization shown in the Schedule, but oin�lly,with respect to liability arising Out Of
t"your work"' for that insured by or for you.
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 11 85
e. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or
""personal and advertising injury` arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render,any professional set-vices including but not limited to:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,
change orders, design specifications; and
(2) Supervisory, inspection, or engineering services.
f. SGCTION IV - COMMF-RCIAL GF_NP_RAL LIABILITY CONDITIONS, parGgraph 4. Othor Incuranco is
deleted and replaced with the following:
4. Other Insurance.
Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
the additional i(ISUred whether primary, excess, contingent, or on any other basis unless the written contract or
written agreement requires that this insurance be primary, in which case this insurance will be primary without
contribution from such other insurance available to th.:,additional insured,
Includes copyrighted material lo:Insurance Services,Office, IInc.
CO 70 88 12 11 Page 2" of 2
Policy #:CPP20738,35
THIS ENDORSEMENT CHANGES -rHE POLICY. PLEASE READ IT CAREFULLY.
TEXAS
CONTRACTOR"S GENERAL. LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS,,, provisions 1. through G. of this cndoritcornont amend tho policy as follows:
1. LIQUOR LIABILITY
Exclusion c. Liquor Liabiil�lity is deleted.
2. NON OWNED WATER C RAFT'
Ex(Jubioii g. Aircraft, Auto or Watercraft, bubpaiagiaph (2,) is deleted and replaued with the falluwirly.'
(2) A watercraft you do not own that 'is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or proper for a charge.
3. PREMISES ALIENATED
A. Exclusion j. Damage to Property, subparagraph (2) is deleted,
B. The following paragraph is deleted from Exclus,iion J. Damage to Property,
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
4. PROPERTY CAI" AG:E LIABILITY -ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators.
B. Exclusion k,. Damage to Your Product does no-,apply to:
1. The use of elevators, or
2. Liability assurned under a sidetrack agreement.
6. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT
A. EXCILIsion j- Carnage, to Property, paragraph (41 does not apply to "property d.,_--Image" to borrowed
equipment while at a jobsite and not being used to perform operations.
B. With respect to any one borrowed equipment item, provision 5A. above does not apply to "property
damage" that exceeds $25,000 per occurrence or$25,000 annual aggregate.
6. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall of Products, Work or Impaired Property does riot apply to "Product recall expenses"
that you incur for the covered recall" of your product This exception to the exclusion does not apply,to
"product rocqll expenses" resulting frorn:
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval*,
4. Redistribution or replacemient of your product"'" which has been recalled, by like products or
substitutes,
S. Caprice or whirn of the 05ured-,
Includes copyrighted material ol' Insurance Services Office, Inc.
CO 7 0 63 12 11 Page 1 of 10
Policy #�CPP2073835
C. A condition likely to cause loss, about which any insured knew or had reason to know at the inception
of this insurance;
7. Asbestos, including loss, damage or clean up resulting from asbestos,or asbestos containing
materials,
8. Recall of"your product(s),J1 that have no known or suspected defect solely because a known or
Suspected defect in another of$I your prodUCt(S)" has been found.
B. Under SECTION III - LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8,. is added:
3. The Prod u cts-Cornpl eted Operations Aggregate Limilt is the most we will pay for the surn of
a. Damages under COVERAGE A BODILY INJURY AND! PROPERTY DAMAGE LIABILITY
i
because of"bodily injury" and "proper l/damage" included in the "prod ucts-colmpleted operations,
hazard$1 and
I . "Product recall expenses".
8. Subject to paragraph 5. above 1 , $25,000 is fie most we will pay for all "product recall expenses"
arisino out of th P_ same de_ftct or cip-Jidenc.y
The insurance afforded by reason of provisions 1. through 6. of this endorsernent is excess over any valid and
collectible 'insurance (including any deductible) available to the insured whether primary, excess or contingent, and
SECTION IV., paragraph 4. O,ther Insurance is changed accordingly.
T. BLANKET CONTRACTUAL LIABILITY— RAILROADS
When a written contract or written agreement requires Contractual Liability- Railroads, the definition of 11 insured
contract" in Section V- Definitions is replaced by the following with respect to operations performed for, or
affecting, a railroad:
A. Except for any provision of a construct ion contract subject to Tex. Ins,, Code § 1 51,102,
9. "Insured Corili'ac;t" irn earis:
a. A contract for a lease of prernises. However, that portion of the contract fora lease of premises,
that indemnifies any person or organization for damage by fire to premises while rented to you or
temporarily occupied by you with permission of the owner is not an W Insured contract
b. A sidetrack agreement-,
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a, Municipality-,
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an
indemnification of a municipality in connection with work performed for a municipality) under
which you assume the tort liability of another party to pay for"bodily injury" or"property damage"
to a third person or organization, provided the"bodily injury" or"property damage" is caused, in
whole or in part, by you or by those ac-ing on your behalf. Tort liability means a liability that
v�fould be Jnipo5ed by law In tree abst�nce of any conk"act,or agreement.
Paragraph f, does not include that parl of any contract or agreement'
(1) That indemnifies,an architect, engineer or Surveyor for injury or damage arising out of-
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; of
(b) Giving directions or instructions,, or failing to give them,
Includes copyrighted material o:Insurance Services Office, Inc,.
Page 2 of 1 0 CG 70 63 12 11
Policy#:CPP2073835
(2), Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury
or damage arising out or Me insured's rendering or failure to render professional services,
including those listed in Paragrap-i (1) above and supervisory, inspection, architectural or
engineering activities.
B. With respect to any provision of a construction contract subject, to Tex. Ins, Code § 151-102,
9. "Insuried Contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for darnage by fire to premises while rented to you or
temporarily occupied by you with permission of the owner is not an ""insured contract"*,
b. A sidetrack, agreement',
c. Any easement or license agreelm�ent;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a municipality;
e. An elevator maintenance agreement,
f. "I'hat part of any other contract or agreement pertaining to your business (including:an
indemnification:: of a municipality, in connection with work performed for a municipality)under
which you assume the tort liability of another party to play for"bodily injury 11 or"property damage"
to a third person or organization, but only to the extent that the "bodily injury"or"property
dar"nage 11 is caused by your acts or omissions or by the acts or omissions of those acting on your
behalf. Tort liability means a liability,that would be imposed by law in the absence of any
contract or agreement,
Paragraph f. does not include that pant of any contract or agreement:
(I)i That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions,
reports,: surveys, field orders, change orders or drawings and specifications, or
(b) Giving directions or instructions,, or failing to give them'
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury
or damage arising out of the insured's rendering or failure to render professional services,
including these listed if raragrap-i (11) above. at"id 3upervi13ory, inspection, architectural or
engineering activities,
8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY
Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions,, paragraph e. Contractual Liability is deleted,
91. SUPPLEMENTARY PAYMENTS
Under SECTION I - SUPPLEMENTARY PAYMENTS -COVERAGES A AND B, paragraph Ibi., is deleted and
replaced with the following:
1. b. Up to $,2,500 for cost of bail, bonds required because of accidents or traffic law violations arising out
of the use of any vehicle to which the Bodily Injury Liability Coverage applies. VVe do not have to
fUl0i:511 tht�6t: bcjndb.
10. BROADENED WHO IS AN INSURED
SECTION 11 -WHO IS AN INSURED is deleted and replaced with the following-.
1 If you are designated in the Declarations as:
a. An individual, you and your spouse are inSLreds, but only with respect to the conduct of a business of
which You are the sole owner,
b. A partnership or joint venture;, you are an Insured,. Your members, your partners, and their spouses
are also insureds, but only with respect to the conduct of your business.
Includes copyrighted material a:Insurance Services Office, Inc.
CG 7 0 63 12 11 Page 3 of 10
Policy#:CPP20,73,835
c. A limited liability company, you are an insured. Your members are also insureds, but only with
respect to the conduct of your business. Your managers are insureds, but only with respect to their
duties as your managers,
d. An organization other than a partnership, joint venture or lirnitod lioblililty company, you are an insured.
Your""executive officers it and directors are iisureds, but only with respect to their duties as your
officers or directors,, Your stockholders are also Insureds, but only with respect to their liability as
stockholders.
Paragraphs (1)(a),, (11)(b) and (1)(c), above do not apply,to your"employees"'wrio are:
,
(i) Managers;
(iii) Supervisors;
(m) Directors; or
Ov) Officers-,
with respect to"bodily injury" to a co-"employee .
2. Each of the following Is also an insured-1
a. Your "volunteer wo,rKers" only while plertorning cluties, related to the conduct of your IDusiness, or
your other than either your 11 e:<ecutive officers,,":(if you are an organization other than a
partnership, joint venture or limited liability company)or your managers (if you are a limited liability,
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. Hcwever, none of these "employees" or"volunteer workers"
are insured for:
(1) "Bodily injury" or"'personal and advertising injury":
(a), To you, to your partners or members (if you are a partnership or joint venture), to your
members (if you are a limited liability,company), to a col-ilemployee"while in the course of
his or her employment or performing duties related to the conduct of your business, or to
your other "volunteer workers"while performing duties related to the conduct of I your
business,,-
(bi) To the spouse, child, parent, brother or sister of that ico-"'employee'"" or volunteer worker as
a, consequence of paragraph (1)(a) above;
(c) For which there is any obligation lo share damages with oir repay someone ells,e who must
pay damages because of the injury described in paragraphs (1)(a) or(b) above,; or
(d) Arising out of his or her providing or failing to provide professional health care services,
except as provided in Provision 11. of this endorsement.
(2) ""Property damage" to property:
(a) ownielcl!, occuplecl or Used uy,
(b) Rented to, in the care, custody or control of, or over which physical control is being
exercised for any purpose by
you, any of your "employees," "volunteer workers", any partner or member(if you are a
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your it employee 19 or 'volunteer worker"), or any organization while acting as
your real estate manager.
c. Any person or organization having proper ternporary custody of your property if you die, but only,
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appolinted.
d. Your legal representative if you die, but only with respect to duties as such. That representative will
have all your rights and duties under this Coverage Form,
Includes copyrighted material o: Insurance Services Office, Inc.
,Page 4 of 10 CG 7'0 63 12 11
It,
Policy #:CPP2073835
e. Your subsidiaries if:
(1) They are legally 'incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this
policy.
If such subsidiaries are not shown in the Dc-clarations, you must report them to us within 180 days of
the ifl(;uptioll of your U11yWal puliuy.
Any person or organization, other than an architect, engineer or surveyor, required to be named
as an additional insured in a "work contract", letter of intent or work order. However, such
person or organization shall be an additional insured only with respect to covered "bodily injury,"
'"'property damage," and "personal and advertising injury" arising out of"your work" under that
"work, contract"'", letter of intent of work,order.
(2), We willl provide additional insured' coverage to such person or organization only:
I III letter of
(a), for a penod of 30 days after the elective date of the applicable wolrk contract",
intent or work order, or-
(b) iintil the end Inf the policy term In piffer.t qt the inic.ppItion of the Aippl'ir.,qhlp work rnntr;;r.t
letter of intent or work order-,
whichever is earlier.
(3) Coverage provided Linder this paragraph f. is excess over any other valid and collectible
insurance available to the additional insured whether primary, excess, contingent, or on any
other basis, unless the"work contract". letter of intent or work order requires this insurance be
primary, in which case this insurance will be primary without contribution from such other
insurance available to the additional insured.
(4) This par-,,graph f. does not apply if Porn CG 70 85, Texas Contractors Blanket Additional Insured
Endorsement, is attached to the policy.
g. Any pet-son or organization to whom you ar�D- obligated by virtue of a written contract to provide
insurance Such as is afforded by this policy: but only with respect to liability arising Out of the
maintenance Or- use of that part.of any prerriises leased to you, including common or public areas
about Such premises if so required In the contract.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes place after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such person or organization.
ti. Any state or political subdivision but only as respects legal liability incurred by the state or political
c s r it with respect to operations petlormeri by yn-it or ors
suh.division solely hpcAi isp, it has i-,-(;uPd q permit I
your-behalf.
However, no state or, political subdivision Is an insured with respect to-
(1) "'Bodily injury", "properly damage", "pe-sonal and advertising injury" arising out of operations
performed foir the state or,municipality-or
(211) "Bodily iinjury,"' or"property darnage"' included within the "products-completed operations hazard."
i. Any person or organization who is the lesser of equipment leased to you, to whom you are obligated
I
by virtue of a written contact to provide insurance such as is afforded by this ploillicy, but only with
respect to their liability arising out of the maintenance, operation or use of such equipment by you or
a subcontractor on Your behalf with your permission and under your supervision. However, if you
have entered into a constructnon contract subject to Suuchiapter C of Unapter 1 bil! of bubtitle G of 1 itlie
2 of the Texas Insurance Code with the adcItional insured, the insurance afforded to such persons):
or organization(s) only applies to the extent permitted by Subchapter,C of Chapter 1151 of Subtitle C
of Title 2 of the Texas Insurance Code.
No such person or organization, however, is an insured with respect to any "occurrence" that takes
place aft�t ll'ie equipi-rient leastf., �Aplles.
Includes copyrighted material o-' Insurance Services Office, Inc.
CG 70 63 12 11 Page 5 of 10
Policy #:CPP2073835
j. Any architect, engineer, or surveyor engaged by you but only with respect, to liability arising out of
your premises or"your worK," However) if you have entered into a construction contract subject to
Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional
I
insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C
of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code.
No architect, engineer, or surveyor, however, is an insured with respect to"bodily injury,"' "'property
damagc," or"plcrsonol and advortic-xing injury" arising out of the rcndcringil of or the failurc to rcndcr
any professional services by or for you, including-
(1) The preparing, approving, or failingi to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications- or
(2) Supervisory, inspectiont or engineering services.
This paragraph:j. does not apply if form CG 70 85, Texas Contractors Blanket Additional Insured
Endorsement, is attached to the policy.
k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises,, Including land leased to
you, but only with respect to liability arising out of the ownership, maintenance or use of that part of
the premises nr 1�ind l nse l to ynu
However, no such person or organization is an insured with respect to-
(1) Any'"occurrence that takes place after you cease to occupy that premises, of cease to lease the
land, or
(2) Structural alteration, new construction or demolition operations performed by or on behallf of that
person or organization.
I Any organization you newly acquire or form, other than a partnership;,, joint venture or limited liability
company and over which you maintain ownership or majority interest, will qualify as a Famed Insured if
there is no other sirnilar insurance available to that organization. However:
a_ Coverage under,this provision is afforded only until the end of the policy period;
b. Coverage A does not apply to "bodily,injury" or property damage" that occurred before you acquired
or formed the organization,
c. Coverage B does not apply,to personal and advertising injury arising out of an offense committed
before you acquired or formed the organization.
dl., Cover-age A doles not apply to,"product recall expense',, arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed,1 because of a written
contract or agreement to provide insurance is an 'insured, but only with respect to "bodily injury" or
damaqe" arising out of"your products"'that are distributed or sold in the regular course of the
vendor's business,
However, no such person or organization Is an insured with respect to*.
a. "Bodily injury" or"property damage"' for which the vendor is obligated to pay,damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
thqt the vendor wni ild hive in the nhsencp of the, contract ornoreement.
b. Any expiress warranty unauthorized by you,
c,. Any physical or chemical change in `"your product", made intentionally by the vendor',
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration,, testing, or
the substitution of parts under instructions from the manufacturer, and then repackaged in the original
clonitainer,
le. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or,nor mally undertakes to make in the usual course of business, in connection with the
distribution or sale of"your products",
Includes copyrighted material a: Insurance Services Office, Inc,
Page 6 of 10 CG 70 63 12 11
Policy #:CPP2073835
f. Demonstration, installation:, servicing or repair operations, except such operations performed at the
vendor's, premises in connection with the scale of the "your product It i
g. "Your products"which, after distribution or sale by you, have been labeled or relabeled or used as a
contoincr, part or ingrodicot of any other thiig or substanco by or for the endor.
11. "Bodily injury" or"property damage"'"arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else actingi on its behalf. However, this exclusion
does not apply to*
(1) The exceptions contained in subparagraphs d. or L, or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of
the products.
This insurance does not apply to any insured person or organization from which, you have acquired, "your
1
products$1, or any ingredient, pail, or container, entering into, accompanying or containing "your products".
No person or organization is an insured with respect to the conduct of any current or past partnership,joinit
venture or limited liia,bility company that is not shown as a Named Insured in the Declarations,
11. INCIDENTAL MALPRACTICE LIABILITY
As respects provision 10, SECTION 11—WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any
nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical
scrvlccs,, provided that you arc riot ongagcd in tho business or occupation of providing such scrviccs, and your
it employee"does not have any other insurance that would also cover claims arising under this provision,
whether the other 'insurance is primary, excess, contingent or on any other basis.
Under SECTION III -LIMITS OF INSURANCE, provisions 12. through 14. of this endorsement amend the policy as
tollows*
12. AGGREGATE LIMITS PER PROJECT
The General Aggregate Limit,applies separately to e-cch of your construction projects away from premises
owned by or rented to you.
131., INCREASED MEDICAL PAYMENTS LIMITS AND REPORTING PERIOD
A. The requirement under SECTION I — COVERAGE C MEDICAL PAYMENTS that expenses be incurred
and reported to us within one year of the date of the accident is changed to three years,
B. SECTION III - LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the
terms, of SECTION III — LIMITS OF INSURANCE and is the greater of:
1. $1110,000: or
2. The amount shown in the Declarations for Medical Expense, Limit.
C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the
provisions of the Coverage Form or by endorsement.
14. DAMAGE TO PREMISES RENTED TO YOU —SPECIFIC PERILS
A. The word fire is changed to "'specific perills$1 where it appears, in:
1. The last paragraph of SECTION I —COVERAGE A, paragraph 2. Exclusions-,
2- SECTION IV, pq-ragrq.ph 4-h, Excess Insumnce,
B. The Limits of Insurance shown in the Declarations will apply to all darnalge proximately caused by the
same event, whether such damage results from a "specific peril" or any combination of"specific perils."
C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE,
paragraph 6., is replaced by a new limit, which is the greater of,
1. $1 000,000- or
2. The amount shown in the Declarations for Damage To Premises Rented To You Limit.
Includes copyrighted material o: Insurance Services Office, Inc.
CG 7 0 63, 12 11 Page 7 of 10
Policy #:CPP20738351
D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I -
COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement.
Under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this
endorsement amend the policy as follow,-0:
15. KNOWLEDGE OF OCCURRENCE
Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced
and paragraphs e. and f. are added as follows:
a. You must see to it that we are notified as soon as practicable of an "occurrence' or an o, ease, reg ardliess
of the amount, which may result in a &laldrn. Kno,,viledgile of an "o1ccurrence"or an offense by your
1
employee(s)41 shall, not, in itseiff coinsti�tu�te, knowedge,to you unless one of your partners, members,
e'A,ClcuLii v,&QffiGeIFS,"direcLolt>li of iiianagers has knowledge of tht� lloccun,eiice" of offen5e. To [he extent
possible, notice should include,
(1) How, when and where the "occurrence" or offense took place-,
(2) Tho namccs and addresses of any injured persons and witnesses'; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense,
e. If you report an occurrence" to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time
of the"occurrence" shall not be deemed a violation of paragraphs a., b., and c, above. However, you shall
give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a
liability claim rather than a workers compensatio-i claim.
f. You must see to it that the following are done in the event of an actual or anticipated covered rec,alll" that
�1 $
may result in, product recall expense t.,
,
(1) Give us prompt notice of any discovery or notification that«1 your product It must be withdrawn or
recalled. Include a description of",your product"and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until It has been determined that all such products are free from defects that could be
a cause of loss under the insurance.
16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Flaragraph G. Representntiioti3 is deleted and rcplac--d with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
Those statements,are based upon representations you made to us, and
c. We have issued this ploilicy in reliance upon your representations.
We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards
existing as of the inception date of this policy, You must report to us any knowledge of an error or
omission in the description of any premises or operations intended to be covered by the Coverage
Form as soon as practicable after its discovery. However, this provision does not affect our right to
collect additional premium or exercise our right of cancellation or nonrenewal.
17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION)
Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
Includes copyrighted material o- Insurance Services Office, Inc.
Page 8 of 10 CG 70 63 12 11
Policy #:CPP'2073835
8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form!,,,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring, "suit" or transfer those rights to us and help us enforce them. However, if the insured
has waived rights to recover through a written centract, or if"'your work" was commenced Linder a letter of
intent or work order, subject to a subsequent reduction to writing with customers whose customary
contracts require a waiver, we wairvie any right of recovery we may have under this Coverage Form.
18. EXTENDED NOTICE OF' CANCELLATION AND NONRENEW'A,L
Paragraph 2AD, of A. Cancellation of the COMMON' POLICY CONDITIONS Is deleted and replaced wim true
follolwing:
b. 60 days before the effective date of the ca�nicella-ion if we cancel for any other reason.
Under SECTION IV—COMM E RCIAL GENERAL LIABILITY CONDITIONS, Paragraph 91. When We Do Not
Renew is deleted and replaced with the following:
9. When We Do Not Renew
a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code,
we may not refuse to renew this policy solely because the policyholder is an elected official.
b. If we elect not to renew this policy, we r-nay do so by mailing or delivering to the first Named Insured,
at the last mailing address, known to us, written notice of nonrenewal, stating the reason for
nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered: less than 60
days before the expiration date, this policy will remain In effect until the 61 st day after the date on
which, the notice is mailed or delivered. Earned premium for any period of coverage that extends
beyond the expiration date will be computed pro rata based on the previous year's, premium.
c. If notice is mailed, proof of mailing will be sufficient proof of notice.
d. The, transfer of a policyti,older between admitted companies within the same insurance group is not
considered, a refusal to renew.
19. MOBILE EQUIPMENT REDEFINED
Under SECTION! V - DEFINITIONS,, Ipaw.dg i,aph 12. "Wobile equipli-lel-ir", paragraph f. (1) does I'lul ap[)IY to Self-
propelled vehicles of less than 1 1000 pounds gross vehicle,weight that are not designed for highway use.
20. DEFINITIONS
1: SECTION V— DEFINITIONS, parogroph 4. "Co-vorogo territory" is rcploccd by the following definition:
""Coverage territory" means anywhere in the world with respect to liability arising out of"bodily injury,"
"property damage,11 or"'personal and advertising injury," including "personal and advertising injury':'
offenses that take place through the Internet or similar electronic means of communication provided the
Insured's responsibility to pay damages is determined in a settlement to which we agree or in a e4suit- on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V— DEFINITIONS is amended by the addiction of the following definitions'
Ili
Covered recall h'rneans a recall made necessary because you or a government body has determined that
a known or suspected detect, deticiency, inadeqjacy, or dangerous condition In "your product" has
resulted or will result in "bodily injury" or"property damage".
"Product Recall expenses" mean only reasonabl.n and necessary extra costs, which result from or are
related to the recall or withdrawal of"VOUr product" for.-
a. Telephone and telegraphic communication,radio or television announcements, computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcernents and postage or facsimiles;
c. Remuneration paid to regular employees for necessary overtime or authorized travel, expense;
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks,
Includes copyrighted material or Insurance Services Office, Inc.
CG 70 63 12 1 1 Pa e g o f 10
Policy #-CPP20'7383,5
e. Rental of necessary additional warehouse or storage space',
f. Packaging of or transportation or shipping of defective products to the location You designate; and
g. Disposal of 44 your products" that cannot be reused, Disposal expenses do not include:
(1) Expenses that exceed the original cosl of the materials incurred to manufacture or process such
product- and
(2) Expenses that exceed the cost of nori-nal trash discarding or disposal', except as,are necessary
i rty dam�age".
to avoid "bodi�liy injury 1:) or"'prope
"Specific Perils" means explosion;fire; lightning; windstorm or hail; smoke; aircraft or vehicles; riot or civil
7 1
commotion; vandalism, leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water
damage."
"Water damage" means accidental discharge or leakage of water or steam as the direct result of the
breaking or cracking of any part of a system or appliance containing water or steam.
"Work contract" means a written agreement between you and one or more parties for work to be
performed by you or on your behalf.
Includes copyrighted material o-' Insurance Services Office, Inc.
Page 1 0 of 1 0 CG 7 0 63 12:1 11
Policy#: CPP2073835 Narned Insured: SEDALCO, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.,
EARLIER 10 CE OF CANCELLATION
PROVIDED BY US
Number of Days Notice 3.0
For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is
increased to the number of days shown in the Schedule above.
If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule i notice of cancellation
based on the numbler of days, notice sihowin, a,bolve M.
SCHEDULE
Name of Person or Organization
The Name of Person or Organization is any person or organization holding a certificate of insurance
issued for you, provided the certificate.
Ili. Refers to this policy;
2. States that notice of
a. Cancellation:
b. Nonrenewal; or
c. Material change reducing or restricting coverage;
will be provided to that person or organization;
3. Is in effect at the time of the
a. Cancellation;
b. Nonrenewal; or
c. Material change reducing or restricting coverage; and
4. Is on file at your agent or broker's office for this policy.
Mailing Address
The Mailing Address is the address shown for that person or organization in that certificate of
insurance.
IL 70450507 1
P'ol'icy - TSF'001
Temsmuta WORKERySw COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLIO''
cmpaq WC 42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the Insurance provided by the policy because Texas is shorn in Item 3.A►. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the ,person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not narned in the Schedule,
Schedule
'I. Number of days advance notice. 3o
2. Notice will be mailed to
PER LIST ON FILE
This endorument changes the policy to which A is attached effective on the inception date of the policy unless a different date is Indicated below.
(The fold "ng"attaching hing clause"need be completed only when this endorsement is issued subsequent to preparation of the p liCY.
This endmwrn lent,effective on 12/3 11/13 at t 2mg'l AW.standard tame fd s a part of
Policy,Nc, TS —000 2 074517' 2,0111231 of the Texas Mutual Insurance Company
Issued to SEDALCO INC
Endorsement No. 1
Premium 0.00 A(/-,,� f
Authorized Representafive
"" ' t ECG.1.94)
I NSA E S COPY W S N P'S
L
WORKERS$ COMPENSATION AND EMPLOYERS
ix9mutu LIABILITY INSURANCE POLICY
Insurance Company WC 42 03 04 A
TEXAS WAIVER OF OUR RIGHT' TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance, provided by the policy because, 'Texas is shown in Item 3.A. of the
Information Page,
We have the right to recover our payments front anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization narned in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operations described in the Schedule where You are required by a written contract to obtain this waiver
from u s.
This endorsement shall not operate directly or indirectly to benefit anyone riot named in the Schedule.
The prernium, for this endorsement is shown in the Schedule.
Schedule
1. Specific Waiver
Name of person or organization
X Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver,
2. Operations: ALL TEXAS OPERATIONS
3. Premium
The premium charge for this endorsement shall be CID- percent of the premium developed on payroll in
connection with work performed for the above persons) or organization s} arising out of the operations described.
4. Advance Premium INCLUDED , SEE INFORMATION PAGE.
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following"'attaching clause"need be completed only when this endorsement is issueld,subsequent to preparation of the policy.)
This endorsement,effective on 12/31/14 alt 112:01 AM,standard time,forms a part of
Policy No. TSF—0 00 120 74'57 20 12 1123 1 of the Texas Mutual Insurance Company
Issued to SEDALCO INC
Endorsement No.
Premium$ or
Authorized Representative
WC420304A+ED. 1-01-2000)
13-2012
AGENT 'S C01PY QUSER 12-
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/15/2014
NAME OF INSURED: SEDiALCO, Inc. & SED:ALCO, LP
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