HomeMy WebLinkAboutResolution - 4317 - Multiple Use Agreement - TDOT - Citibys Shelter Locations - 11_11_1993Resolution No. 4317
November 11, 1993
Item #29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a document enti-
tled "Multiple Use Agreement" with the Texas Department of Transportation,
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
e ty,,W.- Johriton, City ecre ary
APPROVED AS TO CONTENT:
Ed ucy, Might -of -Way Agent
APPROVED AS TO FORM:
--aimn1di ard, AssistantCity
Attorney
EW:js/TXDPTTRN.RES
D2-Agenda/October 11, 1993
MULTIPLE USE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
Revised 4/93
THIS AGREEMENT made by the State of Texas by and between the
Texas Department of Transportation, hereinafter referred to as
" S t a t e", p a r t y o f t h e f i r s t p a r t,
and THE CITY OF LUBBOCK-CITIBUS , hereinafter
called the "City" party of the second
part, is to become effective when fully executed by both parties.
WITNESSETH
WHEREAS, on the 11th day of November , 19L3 , the governing
body for the City , entered into
Resolution/(13RE 5i i No. herein after identified by
reference, authorizing the City Is
participation in this agreement with the State; and
WHEREAS, the City has requested
the State to permit the construction, maintenance and operation of
a public Bus Shelters on
the highway right-of-way, Six Locations, 4th st., 19th st., Ave. Q, 4th st.
I-27, I-27 (see map with Exhibit "B")
(general description of area);
shown graphically by the preliminary conceptual site plan in
Exhibit "A" and being more specifically described by metes and
bounds of Exhibit "B", which are attached and made a part hereof;
and
WHEREAS, the State has indicated its willingness to approve
the establishment of such facilities and other uses conditioned
that the City will enter into
agreements with the State for the purpose of determining the
respective responsibilities of the City
and the State with reference thereto, and conditioned that such
uses are in the public interest and will not damage the highway
facilities, impair safety, impede maintenance or in any way
restrict the operation of the highway facility, all as determined
from engineering and traffic investigations conducted by the State.
I T
I•
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto to be by them
respectively kept and performed as hereinafter set forth, it is
agreed as follows:
1. CONSTRUCTION PLANS
The parties hereto will prepare or provide for the construction
plans for the facility, and will provide for the construction work
as required by said plans at no cost to the State. Said plans
shall include the design of the access control, necessary
horizontal and vertical clearances from highway structures,
adequate landscape treatment, and general layout; and they shall
also delineate and define the construction responsibilities of both
parties hereto and when approved shall be attached. to the agreement
and made a part thereof in all respects. Any future revisions or
additions of permanent improvements shall be made after prior
written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed
for Federal Highway Administration
equipment when highway maintenance
for inspection purposes; and upon
activities for periods required
prohibited.
3. PARKING REGULATIONS
at all times to such facility
personnel and State Forces and
operations are necessary, and
request, all parking or other
for such operations will be
Parking regulations shall be established limiting parking to single
unit motor vehicles of size and capacity no greater than prescribed
for 1-1/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces.
4. PROHIBITIONS/SIGNS
Regulations shall be established prohibiting the parking of
vehicles transporting flammable or explosive loads and prohibiting
use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility.
The erection of signs other than those required for proper use of
the area will be prohibited. All signs shall be approved by the
State prior to the actual erection.
2
S. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the
responsibility of the City Such
responsibility shall not be transferred, assigned or conveyed to a
third party without the advanced written approval of the State.
Further, such responsibility shall include picking up trash, mowing
and otherwise keeping the facility in a clean and sanitary
condition, and surveillance by policy patrol to eliminate the
possible creation of a nuisance or hazard to the public. Hazardous
or unreasonably objectionable smoke, fumes, vapor or odors shall
not be permitted to rise above the grade line of the highway, nor
shall the facility subject the highway to hazardous or unreasonably
objectionable dripping, droppings or discharge of any kind,
including rain or snow.
6. FEES
Any fees levied for use of the facilities in the area shall be
nominal and no more than are sufficient to defray the cost of
construction, maintenance and operation thereof, and shall be
subject to State approval.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein
granted to both parties to terminate this agreement upon notice,
and upon the exercise of any such right by either party, all
obligations herein to make improvements to said facility shall
immediately cease and terminate.
8. MODIFICATION/TERMINATION. OF AGREEMENT
If in the sole judgment of the State it is found at any future time
that traffic conditions have so changed that the existence or use
of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being
properly operated, that it constitutes a nuisance, is abandoned, or
if for any other reason it is the State's judgment that such
facility is not in the public interest, this agreement under which
the facility was constructed may be: (1) modified if corrective
measures acceptable to both parties can be applied to eliminate the
objectionable features of the facility or (2) terminated and the
use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by
the agreement shall be fire resistant. The storage of flammable,
explosive or hazardous materials is prohibited. Operations -deemed
to be a potential fire hazard shall be subject to regulation by the
State.
3
10. RESTORATION OF AREA
The City shall provide written notification to the
State that such facility will be discontinued for the purposed
defined herein. The City shall, within thirty
(30) days from the date of said notification, clear the area of all
facilities that were its construction responsibility under this
agreement and restore the area to a condition satisfactory to the
State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or
supersedes the terms and provisions of any existing agreements
between the parties hereto.
12. INDEMNIFICATION
The City shall, insofar as it is
legally permitted and subject to such limitations, indemnify the
State against any and all damages and claims for damages, including
those resulting from injury to or death of persons or for loss of
or damage to property, arising out of, incident to or in any manner
connected with its construction, maintenance or operation of the
facility, which indemnification shall extend to and include any and
all court costs, attorney's fees and expenses related to or
connected with any claims or suits for damages and shall, if
requested in writing by the State to do so, assist that State with
or relieve the State from defending any suit brought against it.
Neither party hereto intends to waive, relinquish, limit or
condition its right to avoid any such liability by claiming its
governmental immunity.
When notified by the State to do so, the other party hereto shall
within thirty (30) days from receipt of the State's written
notification pay the State for the full cost of repairing any
damages to the highway facility which may result from its
construction, maintenance or operation of the facility, or its duly
authorized agents or employees, and shall promptly reimburse the
State for costs of construction and/or repair work made necessary
by reason of such damages.
Nothing is this agreement shall be construed as creating any
liability in favor of any third party against the State and the
City Additionally, this agreement shall
not ever be construed as relieving any third party from any
liability against the State and the City , but
the City shall become fully
subrogated to the State and shall be entitled to maintain any
action over and against the third party which may be liable for
having caused the City to pay or disburse any sum
of money hereunder.
.4
13. INSURANCE
The City shall provide necessary
safeguards to protect the public on State -maintained highways
including adequate insurance for payment of any damages which might
result during the construction of the facility occupying such
airspace or thereafter, and to save the State harmless from
damages, to the extent of said insurance coverage and insofar as it
can legally do so. Prior to beginning work on the State's right-
of-way, the City or it 's construction
contractor shall submit to the State a completed insurance form
(TxDOT Form No. 1560) and shall maintain the required coverages
during the construction of the facility.
14. USE OF RIGHT-OF-WAY
It is to be understood that the State by execution of this
agreement does not impair or relinquish the State's right to use
such land for right-of-way purposes when it is required for the
construction or reconstruction of the traffic facility for which it
was acquired, nor shall use of the land under such agreement ever
be construed as abandonment by the State of such land acquired for
highway purposes, and the State does not purport to grant any
interest in the land described herein but merely consents to such
use to the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway
purposes. The City shall be
responsible for obtaining such additional consent or agreement as
may be necessary due tp this agreement. This includes, but is not
limited to, public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal -Aid Highway System,
"ATTACHMENT All, which'states additional requirements as set forth
in the Federal Highway Administration's Federal -Aid Highway Program
Manual, shall be attached to and become a part of this agreement.
5
II.
17. CIVIL RIGHTS ASSURANCES
The City , for itself, its personal
representatives, successors and interests and assigns, as part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that: (1) no persons, on the ground
of race, color, sex, age, national origin, religion or disabling
condition, shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use
of said facility; (2) that in the construction of any improvements
on, over or under such land and the furnishing of services thereon,
no person on the ground of race, color, sex, age, national origin,
religion or disabling condition, shall be excluded from
participation in, denied the benefits of, or otherwise be subjected
to discrimination; ( 3 ) that the City
shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non-discrimination in Federally -Assisted programs of the
Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination
covenants, the State shall have the right to terminate the
agreement and reenter and repossess said land and the facilities
thereon, and hold the same as if said agreement had never been made
or issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the
parties hereto shall be enacted by a written amendment executed by
both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement
shall for any reason be held invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall
not affect any provision hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision
had never been contained in this agreement.
6
20. NOTICES
All notices required under this agreement shall be mailed or hand
delivered to the following respective addresses:
STATE P.O. Box 2000 Lubbock, Texas 79457
(Mailing Address) (Mailing Address)
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (SDHPT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
7
IN WITNESS WHEREOF, the parties have hereunto
signature, the City of Lubbock _
November 11 , 1993 , and the
Aav of
19
uavia A. i.anS5UUU
Mayor, City of Lubbock
ATTEST:
Title
Betty M. Johnson
City of Lubbock Secretary
affixed their
on the day of
State on the
STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies or
work programs heretofore approved
and authorized by the Texas
Transportation Commission under
the authority of Minute Order
100002.
By:
Director of
Maintenance and Operations
8
APPROVAL RECOMMENDED:
District Engineer
Director of Highway Design
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the
following additional requirements as applicable with the Federal
Highway Administration's Federal -Aid Highway Program Manual.
1. Any significant revision in the design or construction of the
facility shall receive prior approval by the Texas Department
of Transportation subject to concurrence by the FHWA.
2. Any change in the authorized use of airspace shall receive
prior approval by the Texas Department of Transportation
subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to
another party without prior Texas Department of Transportation
approval subject to concurrence by the FHWA.
4. This agreement will be revokable in the event that the
airspace facility ceases to be used or is abandoned.
EXHIBIT E
No Text
PLAT OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN THE EXISTING SOUTH
R.O.W. OF U.S. HWY82 (4TH Sr.), WEST OF AVENUE T,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
4TH ST.
(U.S. hw.82)
S 87057,49" [
aWx or am SET ear MIL sir Mina
a a
b N 111.00 SO. F T. to
w
4TH Sr. ROW 15.0g, S 8705;
sar -r- ON Mr— N 87'J742" W I ur mot- ON awe,
F�
FROM THIS POINT THE N.E. COR
OF SLK. J4, OVERTON ADDW.
BEARS S 87•J742" E $6.45'
AND S 02'2046" W 4.2J'
LOT 2
BLOCK 34
OVERTON ADDITION
SCALD 1" t to,
OCT. 12, 1995
DESCRIPTION
Field Notes on a 191.00 square foot tract of land out of the existing South
right—of—way of U.S. Mghway 82 (also known as 4th St.), Ci;y of Lubbock Lubbock
County, Texas and being more particularly described as by metes and bounds as
fodws:
BEGINNING at the Southeast comer of this trod, a 'X' set on concrete on the
South Nine of sold U.S. Nghway 82 right —of way, whenee the Northeast comer of
Block J4, Overton Addition bears South 87'J7.42' East 56.45 feet and South
2'20'46' West. 4.2J feet;
THENCE North 870J7142' West along the South Ilne of sold U.S. Hl hwoy 8$ 15.00
feet to a 'X' set on conarofe for the Southwest comer of this trod{{
THENCE North 2030'40' East, 12.70 feet to a 60d no# set for the Northwest comer
of this tract;
THENCE South 87.57'49' East, 15.00 feet to a 60d nail set for the Northeast corner
of this tract;
THENCE South 2'22'33' West, 12.80 feet to the place of beginning.
CONTAINING 191.00 square feel.
• BEARINGS SHOWN ARE GRID BEARINGS Or TEXAS COORDINATE S1'STEX (1927)
e REFERENCE BEARING FOR THIS SURVEY IS THE SOUTH R.O.W. LINE Or 4TH St.
( S 87'J742- E )
This survey substanflally compiles wl/h the curmnf Texas Soclety of
Professlonal Surveyors Standards and SpecMcaflons for a Category
Condition u survey.
R. S o.466
PLA T 0 NSURVEY
A BUS SHELTER PAD EASEMENT OUT OF A PORTION OF TRACT A,
A REPLAT OF BLOCK 7, McCRUMMENS SECOND ADDITION, CITY
OF LUBBOCK, AND IN THE EXISTING R.O.W. OF U.S. HWY. 62,
LUBBOCK COUNTY, TEXAS
( U.S NW. 62 & S. f f T.
PART I
6! ss ft".
0 a �' sue a1.rT. E-W
2 `� 14.93' h : �-,� rh- Roo
w
FROM THIS POINT THE MOST WESTERL
NORTREAST COR. OF TRACT A. A REPLAT Q
OF BLOCK 7, McCRUMMENS SECOND ADD1170H
BEARS N 0e17'10" W d.21' AND EAST 22.24'
TRACT A
McCRUMMEN'S SECOND ADDITION
PART 1
Feld Notes on a 63.24 square foot tract of lend out of Tract A. a replat of 81oat
7, McCnrmmons Second Addriloa. Cit' of Lubbock Lubbock Count, Texas and being
more por&vAsrO, descrffiod as fodorsl;
BEGINNING at s 1/2' rod set for the Southeast corner of We tract whence the moat
Nestery Hutheost comer of Troot A. a replot of Mock 7, MoCrummons Second Addition
bears North O.f7'10' west, e.21 feet and East 22.24 feet;
THENCE South 89'SJ'27' %A 1e45 foot to a I/2' rod set for the Southwest corner
of tile tact:
THENCE North 0•42158' Pest 4.2! feet to a point on the South Right —of —Way Inc of
19th Street (also known or uS Hwy. 62 and SA I14). for the Northwest tamer of
MIN tract;
THENCE East, along the South RI ht—of--way of sold 18th Streot lI.DB foot to a pobrt
for the Northeast corner of Mb tract:
THENCE South 0.17,10' East e.21 feet to the ploce of beginnkp.
CONTA/MNG 83.24 square foot
PART 2
field Notes on a 86.6J square foot tract of land out of the existing ht—of—way
of 19th Street (also known as U.S Nwy. 62 and S.H. I I %Q. ClW of Lub ook Lubbock
Count; Texas and being nwre particula* described by metes and bounds as follows
BEGINMNG at a point on the South Right —of —Noy Inc of sold 19th Street for the
Southeast comer of this troet whence Mo most westerfy Northeast comer of Tract
A. a replat of Block 7. llcCn m nons Second Addition bears East 22.2i het•
THENCE west along the South Right —of —Nay Ins of sold 19th Sleet 1448 foot to
a point for the Southwest comer of Oils tract;
THENCE North 01e2.38' west 5.78 feet to a 60d nag set for the Northwest comer of
this tract:
THENCE South 89.34120" East 13.0,3 het to a 60d nail set for the Northeast comer
of this tract
THENCE South 0•17110" Cost S76 foot to the place of beginning.
CONTAiMNG 88.63 square feet
• REFERENCE BrAR1NG FOR rHIS SURVEY LS THE RECORDED NORTH UN£ OF TRACT A.
A REPLAT OF BLOCK 7. McCRUAIMENS SECOND ADDITION. (EAST-WESn
This survey subsfanNaliy compiles with the current Texas Society of
Professfona/ Surveyors Standards and Spec/flcatfons for a Category 10,
CondlNon R, survey.
R.P.LS. No.4666
r
SCALE. 1" - 10'
OCT. 12, 1993
r—
PLAT OF SURVEY
uer
A BUS SHELTER PAD EASEMENT IN THE
EXISTING R. 0. W. OF U.S. HWY. 84 AND A
PORTION OF LOT 1, O.L. SLATON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
A VtUS. ur.a4) Q
sa ea
b M
pp PANT 1 >"
e3.6I SOW. � !
xr o rep sus s�>T� JE�E---rz
mrx wt.rem Aire
I FROM THIS POINT THE HOST NORTHERLY SCALE: I" - 10,
y SOUTHWEST COR. Of LOT 1. O.L. SLATON OCT. 12. 1993
y ADD'N. BEARS S 81055'24" W 2.54' AND
• SOUTH 75.56,
LOT 1
0. L. SLA TON SCHOOL ADDITION
PART 1
FWd Notes on a $5.54 square loot trod of land out of the exWng Right —of—*'
of U.S Nry 8s (also known as Avenue 0), C* of Lubbock Lubbock Count, Texas
and boing more particuk* descaod by motes and bounds as Wore:
BEGI NNM at a point on the ex&tlng fast RIDDht—of—Way of sold Avenue 0. for the South—
east comer of this tract, whence the most Northero, Southwest comer of Lot 1,
O.L. Skton Addtlon, boors South. 7J.56 loot
THENCE South 89033'24' West S.18 het to a 60d nai sot for the Southwest corner
Of MIS tract
THENCE NOR7K 1119 lost to a 60d nail set for Me Northwest comer of this tract
THENCE South 8912JIJII fast 4E18 loot to a point an the East Right —of --Way free of
sold Avenue 0. for the Northeast comer of this tract
THENCE South, along the oxisting Right —of —Way Inc of sold Avenue 0. 15.08 loot to
the plaeo of beginning.
COMA/NWO 9S.S4 equate foot
PART 2
Plod Notes on a J6.21 square foot tract of land out of Lot 1. O.L. SW- Addklon,
C* of Lubbock Lubbock Count. Texas and bong more particularte describod by
motes and bounds as follows:
B£CJNNW at a 1/2, rod set for Me Southeast comer of this trod whence the most
Northers Southwest comer of Lot 1. O.L. Slaton Addlt/on, bears South 89•JJ'26' Wes{,
2.3e feet and South 7156 loot
THENCE South 89'33'24' West Z54 feet to a pobt on the odsting East Right—of--Wy
ins of Avenue 0 and boing In the West ins of sold Lot 1. O.L. Waton Addtlon, for
the Southwest corner of this tract
THENCE North, along the sold Right —of --Wog free. 15.08 feet to a point for the
Northwest comer of MIS tract
THENCE South 69'2J'J1' fast 2.54 lest to a 1/2' nod sot for Northeast comer of
this tract
THENCE South. 1103 loot to the place of beglnnbrg.
COMAIMNC 36.21 square feet
o REFERENCE BEARING FOR THIS SURVEY 15 THE RECORDED BEARING FOR THE W£5T
LINE Of LOT 1. O.L. SLATON ADDIT10N. (NORTH -SOUTH)
This survey substantially compiles with current Texas Socldy of
FWesslonal Surveyors Standards and Speclflcations for a Category f6,
Condit/on N, survey.
c ?
�� •R.P.L.S. No.4666
PLAT OF o SURVEY
A BUS SHELTER PAD EASEMENT IN THE EXISTING NORTH
R.O.W. OF U.S. HWY.82 (47H Sr.), CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
A. W. BLANKENSHIP ADDITION NO. I
32' ACCESS DRIVE
VOL 498 P. 531
SCALE: 1 " r 10'
OCT. 12. 1991
j
210.50 SQ.FT.
N 8705$119" W
4TH
(U.S.HWY.82)
DESCRIPTION
-FROM THIS POINT THE S.C. COR.
SEC. 20, BLK. A BEARS
S 1'05'14" W 50.05' AND
S 870J726" E J42.JS'
S T.
Mid Notes on a 210.50 square foot tract of land out of the existing R/pht-of-Way
of 4th Street (also known as U.& Hwy. 82), CIIX of Lubbock. Lubbock County, Texas
and being more particularly described by metes and bounds as fofiows:
BEGINNING at a 112" rod set for the Southeast corner of this tract, whence the South-
east comer of Section 20, Block A. bears South 1005' 14" West, 50.05 feet and South
87.J7'261 East 342.35 feet;
THENCE North 87.39' 19' West f8.90 feet to a 112" rod set for the Southwest comer
of this tract
TNENC£ North 1.58'091 East If. 18 feet to a Point on the existing North Right -of -Way
fine of 41h Street, for the Northwest comer of this tract
THENCE South 870J9'tg' East along the North Ri ht-of-Way line of sold 4th Street
18.70 feet to a polnt for the Northeast comer of this tract;
THENCE South 1'05' 14' West 11.18 feet to the place of beginning.
CONTAINING 210.50 square feel.
• BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE SYSTEM (1027)
• REF£RENCC BEARING FOR THIS SURVEY is NORTH RIGHT-OF-WAY LINE OF
4TH STREET. (S 87'J$'19" E)
This survey substantially compiles with the current Texas Society of
Professional Surveyors Standards and SpecMeaflons for a Category 14
Condltlon Il, survey.
-4i"- /.7.
R.P.LS, No.4666
r-
PLA T OF SURVEY
ON
A BUS SHELTER PAD £AS£dIENT IN THE EXISTING EAST
R.O.W. OF I-27, AT THE CORNER OF 1-27 FRONTAGE
ROAD AND 28TH STREET, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
1-27 r"R0NTAor
ROAD
V1
y
210.7p SO.fT,
a6Z3K--Fo aer,.AW
i-27 STA.244+f 1RO�W R?8l9.)g�
FROM THIS POINT THE S.W. COR. OF LOT 7,
BLK. 4, MORNING SIDE ADD'N. BEARS
S 80'07'22" E 0.72' AND A CHORD BEARING
AND DISTANCE OF S 0974'06" W 0.26'
LOT 7
SLK. 4, MORNING SIDE ADD'N.
SCALE: IN t 10'
OCT. 12, 199J
DESCRIPTION
fkld Notes on a 210.79 square loot tract of land out of the existing East right—
of—way of Interstate 27 at statton 244+11,81, Clty of Lubbock Lubbock County,
Texas and being more porticulo* described by metes and bounds as follows.
BEGINNING at a 112" rod set for the Southeast comer of this tract; whence the
Southwest comer of Lot 7, Block 4, Mom/ng Side Addltlon bears South 80007,22, East;
0.72 feet and a chord bearing and d/stance of South 9'J4'06" (Vest; 0.26 feet;
THENCE North 80007122" West, 12.J9 feet to a 60d nali set for the Southwest comer
of this tract;
THENCE North 9040'06" East, 17.11 feet to a 60d null set for the Northwest comer
of this tract;
THENCE South 79022'5I" East 12J7 feet to a 112" rod set for the Northeast comer
of this trod
7HENCE South 9'J6'2J" West, 16.96 feet to the place of beglnning.
CONTAINING 210.79 square feet
• BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE SYSTEM (1927)
• REFERENCE BEARING FOR THIS SURVEY IS THE CHORD BEARING OF THE EASTT R.O.W.
OF 1-27 FROM R.O.W. MON./195 TO MON.1192 (N 6'2J'Jl" EA
Th/s survey subsfanNally compiles with current Texas Soclety of
Frofesslonal Surveyors Standards and Speelfleatlons for a Category 10,
CondNlon d, survey,
.3 . ..�
R..ts: No.4aas
r
PLAT OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN TH£ WEST R.O.W. OF 1-27,
SOUTH OF 38TH STREET, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
LOT 1
BUCKNER GIRLS HOME
ADD'N.
y
~
1-27 STA.107+27.02
M
- 27
ROW
N 02.27'150 E
scr 0. av,
02. 3'S 1 "
scr r/s• srro
19.91
FR0m THIS POINT THE iIOST
NORTNEASTERLY COR. Of LOT 1,
SCALE: 1' = 10'
233.15 $0. FT.
BUCKNER GIRLS HONE ADDW.
v BEARS N 87•46'18" W 1.7J'
OCT. 12, 199J
u'
AND N 02.27'13" E 289.98'
Aux or MRA
20.02'
SET 0. ar
S 02.33'22" W
srr L1• Caro
I-27 FRONTAGE ROAD
DESCRIPTION
Fkld Notes on a 2JJ 15 square foot tract of land out of the ex/sting West right -
of --way of Interstate 27 at station 207+27.02, City of Lubbock, Lubbock County,
Texas and being more particu/orly described by metes and bounds as follows:
BEGINNING at c 112' nod set for the Northwest comer of this tract rhence the
most Northeasterly comer of Lot 1, Buckner Girls Home Addition bean North 87046,
18' West 1.7J feet and North 20271151 East 289.98 feet;
THENCE South 87•46' 18- East, 11.71 feet to a 1/2' rod set for the Northeast comer
of this trot(;
THENCE South 2•JJ'22' West 20.02 feet to a 112" rod set for the Southwost comer
of this tract;
THENCE North 8701J'J0' West, 11.65 feet to a 112' rod set for the Southwest comer
of this track:
THENCE North 2.23'51' East, 19.91 feet to the place of beginning.
CONTAWNG 23J.15 square feel
• BEARINGS SHOWN ARE GRID BEARINGS OF. TEXAS COORDINATE Swat (1929
e REFERENCE BEARING FOR INIS SURVEY IS WEST RIGHT-OF-WAY LINE OF 1-27
( N 2.27'15- E )
This survey substantlalty complies with current Texas Soclety of
Professional Surveyors Standards and Spectllcatlone for a Category 14
Condlflon N, survey.
.L� No.4666
r-
FRONT 2 1/r
73 1/,C 86 1/i
DAnn 83 S/i G
OPfRttrC TO TO' TO BOTTOM
/ OF HEADER OF FASCIA
2 t/2'
1 1/f MUUJON TYP
2 1%I 21 7/g' TIP D.O.
I ( 130 1/,V 7Y FASCIA
I - - - - I t Itl 8F]rCrijBAdcRESt 6S VIC
PL" il
III SCHEDULE ii LE HOLDER I
'L--------------- -iI
_----- r-----_-- SLIR
t 2 I/f Trp
144 3/4' O.D.
151' FASCIA
FINISH IS 313 DARK BRONZE ANODIZED
GLAZING IS 1/� BRONZE -TINT ACR7LIC
ROOF IS 1/4' NOu. WMITE VUSSLIXENT ACIMC BUBBLE DOVE
6'-0.5/8' LONG ALUMMIM BDICH AND BACKREST TO MATCH
24' SCHEDULE HOLDER tw," 1/4 CLEAR ACRYLIC CAM .
SHEUFJt CONFORMS TO A.DA REOU ITS
SIDE
BRi4JCD
tlwAstn, W-
13M UL Dion
s
Texas Department of Transportation
P.O. BOX 771 • LUBBOCK, TEXAS 79408-0771 • (806) 745-4411
March 11, 1994
Mr. Larry Hoffman
Director of Transportation
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Sir:
Attached is a copy of the above captioned agreement. Please note
comments made by Mr. Walter Chambers, P.E. in the memorandum to Mr.
Carl Utley, P.E. These comments will have to be addressed in
future addendums to this agreement or other agreements in the
future.
CCK/dw
Attachment
Sincerely,
Claude C. Kneisley
District Right of W 7y�Administr for
Lubbock District
An Equal Opportunity Employer
v&;;L
Memorandum
Texas
Department
of Tramsportadon
TO: Carl Utley, P.E.
Lubbock District
Attn: Claude C. Kneisley
FROM: Walter W. Chambers, P.E.
Construction and Maintenance Division
SUBJECT: Executed Multiple Use Agreement for
Bus Shelters
US Hwys 62, 82, 84, and 1H 27
City of Lubbock
MAR 10 1994
DJSTRMT RVE
DATE: March 8, 1994
ORIGINATING OFFICE:
Terry Palmer (512)416-3197
Attached are three fully executed originals of the Multiple Use Agreement
between the State and the City of Lubbock.
The Design Division reviewed and approved the Agreement, but noted that
the Agreement did not indicate any limits on how close to the curb these
bus shelters can be constructed. They need to be at least three (3) feet
behind the face of the curb to meet clear zone requirements (desirable).
Further, the General Services Division has commented that while the bus
shelter drawings appear to satisfy ADA requirements, individual site layouts
would be necessary to make a complete analysis for accessibility. They also
note that, though structurally, the shelter will probably be adequate, the
drawings provide insufficient information for a full structural analysis.
If you need additional information, please contact Terry Palmer at the
above telephone number.
TP:dg
Attachments
MULTIPLE USE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
Revised 4/93
THIS AGREEMENT made by the State of Texas by and between the
Texas Department of Transportation, hereinafter referred to as
" S t a t e", p a r t y o f t h e f i r s t p a r t,
and THE CITY OF LUBBOCK-CITIBUS hereinafter
called the "City" party of the second
part, is to become effective when fully executed by both parties.
WITNESSETH
WHEREAS, on the 11th day of November , 19933 , the governing
body for the City , entered into
Resolution/K&W No. 4317 herein after identified by
reference, authorizing the City Is
participation in this agreement with the State; and
WHEREAS, the City has requested
the State to permit the construction, maintenance and operation of
a public Bus Shelters on
the highway right-of-way, Six Locations, 4th st., 19th st., Ave. Q, 4th st.
I-27. I-27 (see man with Exhibit "B")
(general description of area);
shown graphically by the preliminary conceptual site plan in
Exhibit "A" and being more specifically described by metes and
bounds of Exhibit "B", which are attached and made a part hereof;
and
WHEREAS, the State has indicated its willingness to approve
the establishment of such facilities and other uses conditioned
that the City will enter .into
agreements with the State for the purpose of determining_, the
respective responsibilities of the City
and the State with reference thereto, and conditioned that such
uses, are in the public interest and will not damage the highway
facilities, impair safety, impede maintenance or in any way
restrict the operation of the highway facility, all as determined
from'!engineering and traffic investigations conducted by the State:
1
I.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto to be by them
respectively kept and performed as hereinafter set forth, it is
agreed as follows:
1. CONSTRUCTION PLANS
The parties hereto will prepare or provide for the construction
!plans for the facility, and will provide for the construction work
as required by said plans at no cost to the State. Said plans
shall include the design of the access control, necessary
horizontal and vertical clearances from highway structures,
adequate landscape treatment, and general layout; and they shall
also delineate and define the construction responsibilities of both
parties hereto and when approved shall be attached to the agreement
and made a part thereof in all respects. Any future revisions or
!additions of permanent improvements shall be made after prior
!written approval of the State.
2. INSPECTION
;Ingress and egress shall be allowed
:for Federal Highway Administration
'equipment when highway maintenance
for inspection purposes; and upon
activities for periods required
,prohibited.
3. PARKING REGULATIONS
at all times to such facility
personnel and State Forces and
operations are necessary, and
request, all parking or other
for such operations will be
Parking regulations shall be established limiting parking to single
unit motor vehicles of size and capacity no greater than prescribed
for 1-1/2 ton trucks, such vehicles to conform in size and use to
,governing laws. Parking shall be permitted only in marked spaces.
4. PROHIBITIONS/SIGNS
;Regulations shall be established prohibiting the parking of
:vehicles transporting flammable or explosive loads and prohibiting
;use of the area in any manner for peddling, advertising or other
;purposes not in keeping with the objective of a public facility.
IThe erection of signs other than those required for proper use of
:the area will be prohibited. All signs shall be approved by the
jState prior to the actual erection.
S. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the
responsibility of the City Such
responsibility shall not be transferred, 'assigned or conveyed to a
third party without the advanced written approval of the State.
Further, such responsibility shall include picking up trash, mowing
and otherwise keeping the facility in a clean and sanitary
condition, and surveillance by policy patrol to eliminate the
possible creation of a nuisance or hazard to the public. Hazardous
or unreasonably objectionable smoke, fumes, vapor or odors shall
not be permitted to rise above the grade line of the highway, nor
shall the facility subject the highway to hazardous or unreasonably
objectionable dripping, droppings or discharge of any kind,
including rain or snow.
6. FEES
Any fees levied for use of th
nominal and no more than are
construction, maintenance and
subject to State approval.
7. TERMINATION UPON NOTICE
e
facilities in the area shall be
sufficient to defray the cost of
operation thereof, and shall be
This provision is expressly made subject to the rights herein
granted to both parties to terminate this agreement upon notice,
and upon the exercise of any such right by either party, all
obligations herein to make improvements to said facility shall
immediately cease and terminate.
S. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time
that traffic conditions have so changed that the existence or use
of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being
properly operated, that it constitutes a nuisance, is abandoned, or
if for any other reason it is the State's judgment that such
facility is not in the public interest, this agreement under which
the facility was constructed may be: (1) modified if corrective
measures acceptable to both parties can be applied to eliminate the
objectionable features of the facility or (2) terminated and the
use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by
the agreement shall be fire resistant. The storage of flammable,
explosive or hazardous materials is prohibited. Operations deemed
to be a potential fire hazard shall be subject to regulation by the
State.
3
10. RESTORATION OF AREA
The City shall provide written notification to the
State that such facility will be discontinued for the purposed
defined herein. The 'City shall, within thirty
(30) days from the date of said notification, clear the area of all
facilities that were its construction responsibility under this
agreement and restore the area to a condition satisfactory to the
State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or
supersedes the terms and provisions of any existing agreements
between the parties hereto.
12. INDEMNIFICATION
The City shall, insofar as it is
legally permitted and subject to such limitations, indemnify the
State against any and all damages and claims for damages, including
those resulting from injury to or death of persons or for loss of
or damage to property, arising out of, incident to or in any manner
connected with its construction, maintenance or operation of the
facility, which indemnification shall extend to and include any and
all court costs, attorney's fees and expenses, related to or
connected with any claims or suits for damages and shall, if
requested in writing by the State to do so, assist that State with
or relieve the State from defending any suit brought against it.
Neither party hereto intends to waive, relinquish, limit or
condition its right to avoid any such liability by claiming its
governmental immunity.
When notified by the State to do so, the other party hereto shall
within thirty (30) days from receipt of the State's written
notification pay the State for the full cost of repairing any
damages to the highway facility which may result from its
construction, maintenance or operation of the facility, or its duly
authorized agents or employees, and shall promptly reimburse the
State for costs of construction and/or repair work made necessary
by reason of such damages.
Nothing in this agreement shall be construed as creating any
liability in favor of any third party against the State and the
City Additionally, this agreement shall
not ever be construed as relieving any third party from any
liability against the State and the City , but
the City shall become fully
subrogated to the State and shall be* entitled to maintain any
action over and against the third party which may be liable for
having caused the City to pay or disburse any sum
of money hereunder.
.4
13. INSURANCE
The City shall provide necessary
safeguards to protect the public on State -maintained highways
including adequate insurance for payment of any damages which might
result during the construction of the facility occupying such
airspace or thereafter, and to save the State harmless from
damages, to the extent of said insurance coverage and insofar as it
can legally do so. Prior to beginning work on the State's right-
of-way, the City or it 's construction
contractor shall submit to the State a completed insurance form
(TxDOT Form No. 1560) and shall maintain the required coverages
during the construction of the facility.
14. USE OF RIGHT-OF-WAY
It is to be understood that the State by execution of this
agreement does not impair or relinquish the State's right to use
such land for right-of-way purposes when it is required for the
construction or reconstruction of the traffic facility for which it
was acquired, nor shall use of the land under such agreement ever
be construed as abandonment by the State of such land acquired for
highway purposes, and the State does not purport to grant any
interest in the land described herein but merely consents to such
use to the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway
purposes. The City shall be
responsible for obtaining such additional consent or agreement as
may be necessary due to this agreement. This includes, but is not
limited to, public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal -Aid Highway System,
"ATTACHMENT All, which states additional requirements as set forth
in the Federal Highway Administration's Federal -Aid Highway Program
Manual, shall be attached to and become a part of this agreement.
5
II.
17. CIVIL RIGHTS ASSURANCES
The City , for itself, its personal
representatives, successors and interests and assigns, as part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that: (1) no persons, on the ground
of race, color, sex, age, national origin, religion or disabling
condition, shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use
of said facility; (2) that in the construction of any improvements
on, over or under such land and the furnishing of services thereon,
no person on the ground of race, color, sex, age, national origin,
religion or disabling condition, shall be excluded from
participation in, denied the benefits of, or otherwise be subjected
to discrimination; ( 3 ) that the City
shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non-discrimination in Federally -Assisted programs of the
Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination
covenants, the State shall have the right to terminate the
agreement and reenter and repossess said land and the facilities
thereon, and hold the same as if said agreement had never been made
or issued.
i10Y � �IIT,WZY
Any changes in the time frame, character or responsibilities of the
parties hereto shall be enacted by a written amendment executed by
both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement
shall for any reason be held invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall
not affect any provision hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision
had never been contained in this agreement.
A
20. NOTICES
All notices required under this agreement shall be mailed or hand
delivered to the following respective addresses:
P.O. Box 771 Lubbock, Texas 79408-0771 City of Lubbock
STATE P.O. Box 2000 Lubbock, Texas 79457
(Mailing Address) (Mailing Address)
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (SDHPT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
7
IN WITNESS WHEREOF, the parties have
signature, the City of Lubbock
November 11 , 1993 ,
day of
19 94
vavia ic. i,angsLou
Mayor, City of Lubbock
ATTEST:
Title
Betty M. Johnson
City of Lubbock Secretary
hereunto
e
affixed their
on the day of
State on the
STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies or
work programs heretofore approved
and authorized'by the Texas
Transportation Commission under
the authority of" Minute Order
100002.
By:
Director of
Construction and Maintenance
11
APPROVAL RECOMMENDED:
Distric
Director of Highway Design
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the following additional
requirements as applicable with the Federal Highway Administration's Title 23, Code of
Federal Regulations, Section 713.
1. Any significant revision in the design or construction of the facility shall
receive prior approval by the Texas Department of Transportation subject to
concurrence by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by
the Texas Department of Transportation subject to concurrence by the
FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party
without prior Texas Department of Transportation approval subject to
concurrence by the FHWA.
4. This agreement will be revokable in the event that the airspace facility ceases
to be used or is abandoned.
I N: C
mm
mm
PLAT OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN THE EXISTING SOUTH
R.O.W. OF U.S. HWY.62 (47H Sr.), WEST OF AVENUE T,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
4TH ST.
( U.S. HWY.82 )
S 87•5749" E
ACC Or aw SET ea ma s2T Md
LW
bAMi
bo b
N 1! 1.00 S0. iT. �'•
w w
47H ST. ROW _ 5.00, S 87057
aer x off Cave. N 870J7142" W i a r — ON cow-
FROM THIS POINT THE N.E. COR.'
OF BLK. 54, OVERTON ADDW.
BEARS S 87'3742" E 56.45'
ANDS 02020'46" W 4.25'
Q
LOT 2
BLOCK 34 I
OV£RTON ADDITION t
SCALE: 1" - 10,
OCT. 12, 199J
DESCRIPTION
Fled Notes on a 191.00 square foot tract of land out of the exlsting South
right-of-way of U.S. Highway 82 (also known as 4th St.), City of Lubbock Lubbock
County, Texas and being more particularly described as by mefes and bounds as
fanws:
BEGINNING at the Southeast comer of this tract a "X" set on concrete on the
South line of sold U.S Arighway 82 right -of way, whence the Northeast comer of
Block 34, Overton Addition bears South 87037'42" East, 56.45 feet and South
2'20'46" West, 4.23 feet;
THENCE North 870J7'421 West along the South fine of said U.S. Highway 8$ 15.00
feet to a 'X" set on concrete for the Southwest comer of this tract*
THENCE North 20JO140" East 12.70 feet to a 60d nail *of for the Northwest corner
of this tract;
THENCE South 87057'49" East, 15.00 feet to a 60d nail set for the Northeast comer
of this tract*
THENCE South 2.22'JJ' West 12.80 feet to the place of beginning.
CONTAINING 191.00 square feet
• BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE SYSAW (1927
• REFERENCE BEARING FOR THIS SURVEY 1S Tf£ SOUTH R.O.W. LINE OF 4TH ST
( S 87'3742" E )
fits survey subslantlaliy compffos with the current Texas Soclety of
Professional Surveyors Standards and Specifications for a Category
Condlfion II survey.
R.P .S. No.466
s�
PLAT OF SURVEY
ON
A BUS SHELTER PAD EASEMENT OUT OF A PORTION OF TRACT A,
A REPL4T OF BLOCK 7, McCRUMMENS SECOND ADDITION, CITY
OF LUBBOCK, AND IN THE EXISTING R.O.W. OF U.S. HWY. 62,
LUBBOCK COUNTY, TEXAS
( U.S9HWY. 6 t S.H. 114 )
PART S
SX63 sarr.
PART 1 - c E=W " 1�
6u4 $OJT.
., eAt.
FROM THIS POINT THE MOST WESTERL)'�
NORTHEAST COR. OF TRACT A. A REPLAT Q
OF BLOCK 7, McCRUMMENS SECOND ADDITION
BEARS N 0.17,1011 W 4,21' AND EAST 22.24'
TRACT A
McCRUMMEN'S SECOND ADDITION
PART 1
Field Nobs on a 63.24 square foot trod of land out of Tract A. a replat of Block
7, keftmmens Second Addition, CI{y of Lubbock, Lubbock Count; Texas and being
mart porticularfy described as follows;
B£G1h7J/NG at a 112" rod set for the Southeast comer of Ws tract, whence the most
IYsater� Northeast comer of Trod A, a replat of Black 7, McCrummens Second Addition
boon North 0.17'10" West 4.21 feet and East 22.24 foot;
THLNCE South 89.53.27' West 14.05 feet to a 1/2' rod set for the Southwest comer
of this tract;
THENCE North 0042,58' West 4.24 fiat to a point an the South Right —of —Way One of
loth Street (also known as US. Hwy. 62 and S.R 114), for the Northwest comer of
this tract:
THENCE East along the South Right —of --Way of sold 19th Street 14.98 feet to a point
for the Northeast comer of this tract;
THENCE South 0.17' 10" East 4.21 foot to the place of beginning.
CONTAINING 9124 square feet
PART 2
Field Notes on a 86.63 square foot trod of land out of the exlstinp Rlyht—of—Way
of loth Street (also known as U.S Hwy. 62 and S.H. 114), CrV of Lubbock, Lubbock
Count, Texas and being more particularty described by met" and bounds as foflows.
BEGINNING at a point on the South Right —of —Way 1lne of sold loth Street for the
Southeast comer of this tract whence the most Western Northeast corner of Tract
A. a replat of Block 7, UcCrummons Second Addx1on bears East, 22.24 foot'
INENCE West along the South Right —of —Way Ono of sold IM Street 14.98 fiat to
a point for the Southwest comer of Ods tract
THENCE North 0.42'58" West 178 het to a 60d na0 set for the Northwest comer of
this trod;
1NENCE South 89.54120" East, 15.03 foot to a 60d na0 eat for the Northeast comer
of this trot!;
THLNCE South 0.17' 10" East AM het to the place of beginning.
CONTAINING 86.63 ,quart feet
e REFERENCE BEARING FOR THIS SURVEY IS THE RECORDED NORTH LINE OF TRACT A.
A R£PLAT OF BLOCK 7. MCCRUWENS SECOND ADDITION. (EAST -WEST)
This survey substantia* compiles with the current Texas Soctely of
Professional Surveyors Standards and Specifications for a Category 10,
Condition ti, surrey.
R.P.L.S. No.6666
a
SCALE. 1'
OCT. 12. 1 Sad
r-
PLAT OF SURVEY.
ON
A BUS SHELTER PAD EASEMENT IN THE
EXISTING R.O.W. OF U.S. HWY. 84 AND . A
PORTION OF LOT 1, O.L. SLATON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
A VEUE (UNhW. 84) Q
sET ON NOL srr eN Nit
l4Cx aF IXAffi q15.191
last son.
O RO '2
N - S rutr r AJE.
SEr 1,4 -
i vacAM smawt � � ��—
FRON THIS POINT THE HOST NORTHERLY SCALE: 1" s 10'
y SOUTHWEST COR. OF LOT 1, O.L. SLATOR OCT. 12, 1993
-4 ADD'N. BEARS S 8003324" W 2.34' AND
• SOUTH 73.56'
LOT 1
0. L. SLATON SCHOOL ADDITION
PART 1
Fleld Notes on a 05.54 square foot bract of land out of the exfsUng Rightrof—W�
of U.S Hwy 84 (also known as Avenue 0), City of Lubbock. Lubbock County, Texas
and being mom particular6, described by metes and bounds as follows:
BEGlNUNG at a point on the exlsUng East Rlyyht—of—Way of sold Avenue 0 for the South—
east comer of this tract whence the most Northers Southwest corner of Lot f,
O.L. Slaton Addltion, beam South, 7.158 feet'
THENCE South 89.33.24" West 6.18 het to a 60d no# set for the Southwest comer
of this tract;
THENCE NORTK 15.19 feet to a $Od pall set for the Northwest comer of this trod
THENCE South 89.25131" East S.18 feet to a polnt an the East Right—o%Way Bne of
sold Avenue 0, for the Northeast comer of this tract,
THENCE South, o"" the existing Right —of --Way fins of sold Avenue 0 1108 feet to
the place of beginning.
CONTAINING 05.34 square feet
PART 2
field Nobs on a J6.21 square foot tract of land out of Lot 1, O.L. Seaton AddWon,
City of Lubbock, Lubbock Count; Texas and being more portkulartp described by
metes and bounds as fofiows:
BEGINNING of a 112" rod set for the Southeast comer of this &act whence the most
Norther!&, Southwest comer of lot 1, O.L. Seaton Addition, beam South 8903J'24" W#$t
2.54 feet and South 7156 feet
THENCE South 89•JJ'24" West 2.54 het to a point on the ex/sting East Right —of —Way
Bne of Avenue 0 and being In the West fine of sold Lot 1, O.L. Seaton Addition, for
Me Southwest comer of thb tract
THENCr North, along the sold Right —of —Way One, 15.08 feet to a point,, for the
Northwest corner of this tract
THENCE South 89.2J'Jf" East 2.54 feet to a 112" rod set for Northeast comer of
this tract
THENCE South, 15W feet to the place of beginning.
CONTAWNG 38.21 square loot
e REFERENCE BEARING FOR THIS SURVEY IS THE RECORDED BEARING FOR THE WEST
LINE OF LOT t, O.L Sum ADDITION. (NORTH -SOUTH)
This survey subslanffally compiles with current Texas Society of
Professlonal Surveyors Standards and Speclficatlons for a Category 18,
Condltlon R, survey.
R.P.LS. No.4666
PLA T ' OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN THE EXISTING NORTH
R.O.W. OF U.S. HWY.82 (47H Sr.), CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
A. W. BLANKENSHIP ADDI TION NO. I
32' ACCESS DRIVE
VOL. 498 P. 531
SCALE: 1 " = I &
OCT. 12, 1993
210.50 SOFT.
eon
N 87.39'19" W
FROU THIS POINT THE S E. OOR.
SEC. 20, BLK. A BEARS
S 1.05'14" W 50.05' Ah'D
S 87.3726" E 542.35'
4 T H S T.
(U.S.HW ..82)
DESCRIPTION
Field Notes on a 210.50 square foot tract of land out of the existing Right —of —Way
of 4th Street (olso known as U.S. Hwy. 82), City of Lubbock. Lubbock County, Texas
and being more particu/arty described by metes and bounds as follows:
BEGINNING at a 112" rod set for the Southeast corner of this tract, whence the South—
east comer of Section 20, Block A, bears South 1.05' 14" West, 50.05 feet and South
87037'26' East, 342.35 feet;
THENCE North 87•J9' 19' West, 18.90 feet to a 1/2" rod set for the Southwest comer
of this tract;
THENCE North 1.58'09" East, 11.18 feet to a point on the existing North Right —of —Way
line of 4th Street, for the Northwest comer of this tract;
THENCE South 87•J9' 19" East, along the North Right —of —Way 11ho of said 4th Street
18.70 feet to a point for the Northeast comer of this tract
-
THENCE South 1.05' 14" West 11. I8 feet to the place of beginning.
CONTAINING 210.50 square feet.
e BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE SYSTELI (1127)
e REFERENCE BEARING FOR THIS SURVEY IS NORTH )P1GHT—OF— WAY LINE OF
4TH STREET. (S 87•59'19" E)
This surrey substantially eomplles w1th the current Tunas Soclety of
Professional Surveyors Standards and Speeh4cat/ons for a Category 18,
Condition 9, survey.
R.P.L.S. No.4666
Q
Z
J
r-
PLAT OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN THE EXISTING EAST
R.O. W. OF 1-2 7, AT THE CORNER OF I-27 FRONTAGE
ROAD AND 287H STREET, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
-27 FRONTAGE
ROAD
sEr ee, —
210.70 SO.FT.
E�—'-
47 ram• X i SCALE: 1 " = 10'
f6.9S' OCT: 12, 1005
► 4 S 09•J6'?J,, W s�T i/i' RAa
CIO 7' 27ROW R_ ,
— 7 STA.244+ 11.d 11 ?84� 79
`i FROM THIS POINT THE S.W. COR. OF LOT 7,
r BLK. 4, MORNING SIDE ADD'N. BEARS
S 80.07'22" E 0.72' AND A CHORD BEARING
AND DISTANCE OF S 09034'06" W 0.26'
'~ LOT 7
BLK. 4, MORNING SIDE ADD'N.
DESCRIPTION
Field Notes on a 210.79 square foot tract of land out of the existing East Hght—
of—way of Interstate 27 at station 244+11.81, City of Lubbock Lubbock County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 112" rod set for the Southeast comer of this tract, whence Me
Southwest comer of Lot 7, Block 4, Moming 5/de Add/tion bears South 80.07'22" East,
0.72 feet and a chord bearing and distance of South 9.34106" West 0.26 feet;
THENCE North 80.07122" West, 12.J9 feet to a 60d nad set for the Southwest corner
of this tract;
THENCE North 9.40'06" East, 17.11 feet to a 60d poll set for the Northwest comer
of this tract;
THENCE South 79.22151" East, 12.J7 feet to a 112" rod set for the Northeast corner
of this tract;
THENCE South 09J612J" West, 16.95 feet to the place of beglnning.
CONTAINING 210.79 square feet.
• BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE SYSTEM (1027
• REFERENCE BEARING FOR THIS SURnr IS THE CHORD SEARING OF THE rAsr R.O.W.
OF 1-27 FROM R.O.W. MON-1195 TO MON. j192 ( N 6.2J'J1" E ).
This survey substanf/ally complies with current Texas Society of
Professlonal Surveyors Standards and Speeiflcoflons for a Category 18,
Cond/tlon 8, survey:
R. .L.S. No.4666
PLAT -OF SURVEY
ON
A BUS SHELTER PAD EASEMENT IN THE WEST R.O.W. OF 1-27,
SOUTH OF 38TH STREET, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
LOT 1
BUCKNER GIRLS HOME ADD'N. I ti
bt7 fit- ROD N 02' J S 1'- sFT o- ROD
19.91' MOM THIS POINT TH£ MOST
NORTHEASTERLY COR. Of LOT 1,
BUCKNER GIRLS HOU£ ADDW.
SCALE: 1" = fO' 255.15 50. FT. k BEARS N 87-46'18" W 1.7J'
OCT. 12, 199J AND N 02.27'15" E 289.98'
a
a 20.02' 12
snr IA- ROD S 02•JJ'22" W aar I,&- ROD
1 -27 FRONTAGE ROAD
DESCRIPTION
Fm1d Notes on a 233.15 square foot tract of land out of the existing West right—
of—way of Interstate 27 at station 207+27.02, City of Lubbock Lubbock County,
Texas end being more particularly described by metes and bounds as follows:
BEGINNING at a 112" rod set for the Northwest comer of this tract; whence the
most Northeasterly comer of Lot 1, Buckner Girls Home Additlon bears North 8704C,
18" West 1.7J feet and North 20271150 East, 289.98 feet;
THENCE South 87.46' 18" East; 11.71 feet to a 112" rod set for the Northeast comer
of this tract:
THENCE South 29J3122" West, 20.02 feet to a 112" rod set for the Southeast comer
of this tract.
THENCE North 8701J130" West, 11.65 feet to a 1/2" rod set for the Southwest comer
of this tract;
THENCE North 2.2J'51" East, 10.91 feet to the place of beginning.
CONTAINING 2JJ.15 square feet.
• BEARINGS SHOWN ARE GRID BEARINGS OF TEXAS COORDINATE S)'STEII (1027)
• REFERENCE BEARING FOR THIS SURVEY IS WEST RIGHT —Or —WAY LINE OF 1-27
(N2.27'15"E)
This survey substantially complies with current Texas Society of
Professional Surveyors Standards and Specifications for a Category 19.
Condition 11, survey.
W.L.S. No.4666
FRONT
III'll�iti�lll�i���Ill�li��ll'III�
f//
2 1 /2'
73 1 /,V
DAYLn
OPENING
2 1/f
86 1/r
TO TOP
OF HEADER
1 1/2' ►LUJON TYP
2 1/2' 21 7/g' TVP D.O.
' 150 1 f r %r FASCIA
Iq 1---- Qr PLAN 3g
SCHEDULE HOLDER �I I
73 5/8' 2 1/2' TYP a w
t44 3/4' O.D.
151' FASCIA as
Cl,
83 5/16'
TO BOTTOM
OF FASCIA
FINISH 5 313 DARK BRONZE RHOOIZED
UONG IS 1 4' BRONZE -TINT ACRYLIC
ROOF IS 1/NOS. WHITE TR4 .UCENT ACRYLIC BU881.E DOME
F-0.5/8' LONG ALUMtMUM 804CN AND BACKREST TO MATCH
24' SCHEDULE HOLDER w/ 4/4 CLEAR ACRYLIC GAZING
SHELTER CONFORMS TO A.DA REQUIREMENTS
BRASCO
ego. W-
13271 ML Mod
)Obvk ",I', 4E212
. 1
COMMON POLICY DECLARATIONS
POLICY NO. T GL 191-60-94 RA MEMBERS OF THE PRODUCER NO:
33466
RENEWAL OF: NEW AMERICAN INTERNATIONAL GROUP, INC Al TRANSPORT
COLONY SQUARE BOX 448
EXECUTIVE OFFICES
1. NATIONAL UNION FIRE INSURANCE 70 PINE STREETATLANTA
COMPANY OF PITTSBURGH,PA.
GA 30361-C
NEW YORK, N.Y.
2. AMERICAN HOME ASSURANCE COMPANY
COVERAGE IN
COMPANY ESIGNATED BY NDED
3. THE INSURANCE COMPANY OF THE ❑ UMBER
STATE OF PENNSYLVANIA 3 A STOCK INSURANCE COMPANY
(HEREIN CALLED THE COMPANY)
NAMED INSURED CITY TRANSIT MANAGEMENT CO , INC DBA C I T 1 BUS
MAILING ADDRESS P.O. BOX 2000 801 TEXAS AVE.
LUBBOCK TX 79457-0000
POLICY PERIOD: From 01 /07/93 To 01 /07/94
At
12:01 A.M. Standard Time at your mailing address shown above
BUSINESS DESCRIPTION PUBLIC AUTO .
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF THIS POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A
PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT
PREMIUM
Boiler and Machinery Coverage Part
$ NOT COVERED
Commercial Auto Coverage Part
$ NOT COVERED
Commercial Crime Coverage Part
S NOT COVERED
Commercial General Liability Coverage Part
$ 5.00
Commercial Inland Marine Coverage Part
$ NOT COVERED
Commercial Property Coverage Part
S NOT COVERED
Farm Coverage Part
S NOT COVERED
TOTAL
S 5, OC
Premium shown is payable: S
Forms applicable to all Coverage Parts:
1,247 at inception.
SEE ATTACHED SCHEDULE.
(Show numbers)
COUNTERSIGNED BY
(Date) (Authorized Signature)
In Witness Whereof, we have caused this policy to be executed and attested, and, if required
state law, this policy shall not be valid unless countersigned by our authorized representative.
Secretary ° r�• ••
Nation ion Fire Insurance Company of Pittsburgh PA. The Insurance y
Omer can Home Assurance Camoany State Of i+.•• • .... •.,
'me Insurance Comoany Of the
State Ct Pennsylvania
:ate -ssuea: 0 % i C
FORMS SCHEDULE
EFFECTIVE DATE: 0 1 /07/93
NAMED INSURED: CITY TRANSIT MANAGEMENT CO , INC- DBA CITIBUS
POLICY No: 191-6o-94
CG21491188
CG2146o187
S428330885
CG21041185
CG21350187
CG21371185
CG21451185
CG21381185
IL00211185
IL00031185
CGO1031185
IL00171185
CGOOOII188
IL02751187
CG21470989
S457820587
TEXCOM0990
S533650392
S536900592
Installment Sc
Additional Ins
1. 4t TONAL UNION FIRE :NSURANCE
COMPANY OF PITTSBURGH
A STOCK COMPANY
2. AMERICAN HOME ASSURANCE COMPANY
A STOCK COMPANY
AMMember Companies of
American Intemational Group
EXECUTIVE OFFICES
70 PINE STREET, NEW YORK N.Y. 10270
3. THE INSURANCE COMPANY 30; T
STATE OF PENNSYLVANIA
A STOCK COMPANY
F 3� COVERAGE IS PROVIDED IN THE
COMPANY DESIGNATED 8Y NUMBER
(HEREIN CALLED THE COMPANY).
COMMERCIAL GENERAL LIABILITY DECLARATIONS
POLICY NO. TGL 19 1 -60-94 RA
NAMED INSURED CITY TRANSIT MANAGEMENT CO , INC DBA C 1 T I BUS
MAILING ADDRESS P.O. BOX 2000 801 TEXAS AVE.
LUBBOCK
POLICY PERIOD: From 01 /07/93
TX 79457-0000
to 01/07/94 at
12:01 A.M. Standard Time at your mailing address shown above
1N RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF THIS POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE
GENERAL AGGREGATE LIMIT (Other Than Prod -Comp Operations) $ 1,000,000
PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT $
PERSONAL & ADVERTISING INJURY LIMIT $
EACH OCCURRENCE LIMIT $ 1,000,000
FIRE DAMAGE LIMIT $ Any One Fire
MEDICAL EXPENSE LIMIT $ Any One Per!
Forms Of Business: ❑ Individual ❑ Partnership ❑ Joint Venture F7X Organization
(Other than Partnership
Business Description: PUBLIC AUTO
or Joint Venture)
Location Of All Premises You Own, Rent or Occupy: SEE ATTACHED SCHEDULE
CLASSIFICATION CODE NO. PREMIUM BASIS RATE. ADVANCE PREMIUM
PR/CO ! ALL OTHER
SEE ATTACHED SCHEDULE
Premium shown is payable: $ at inception. TOTAL: $ 5,000
ENDORSEMENTS ATTACHED TO THIS POLICY: SEE ATTACHED SCHEDULE.
COUNTERSIGNED
(Date)
BY
(Authorized Representative)
Copyright: Insurance Services Office, Inc., 1983, 1984 Date Issued: 01 /0(
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION
D. INSPECTIONS AND SURVEYS
1. The first Named Insured shown in the
We have the right but are not obligated to:
Declarations may cancel this policy, by
mailing or delivering to us advance written
1. Make .inspections and surveys at any time:
notice of cancellation.
2. Give you reports on the conditions we
2. We may cancel this policy by mailing or
find; and
delivering to the first Named Insured
3. Recommend changes.
written notice of cancellation at least
Any ins ections, surveys, reports or rec-
a. 10 days before the effective date of
ommendations relate only to insurability and
cancellation if we cancel for nonpay-
the premiums to be charged. We do not
ment of premium; or
make safety inspections. We do not
b. 30 days before the effective date of
undertake to perform the duty of any person
cancellation if we cancel for any other
or organization to provide for the health or
safety of workers or the public. And we
reason.-
do not warrant that conditions.
3. We will mail or deliver our notice to the
1. Are safe or healthful; or
first Named Insured's last mailing address
known to us.
2. Comply with laws, regulations, codes or
4. Notice of cancellation will state the ef-
standards.
fective date of cancellation. The policy
that date.
This condition applies not only to us, but also
to any rating, advisory, rate service or similar
period will end on
5. If this
the first
policy is cancelled, we will send
Named Insured any re-
organization which makes insurance in -
spections, surveys, reports or recommen-
fund due.
premium
If the
dations.
we cancel, refund will
be pro rats If the first Named Insured
E. PREMIUMS
cancels, the refund may be less than pro
The first Named Insured shown in the Dec-
rata. The cancellation will be effective
larations:
we have not made or offered a
efundf
1. Is responsible for the payment of all
6. If notice is mailed, proof of mailing will
Premiums; and
be sufficient proof of notice.
2. Will be the payee for any return premi-
B. CHANGES
ums we pay.
F. TRANSFER OF YOUR RIGHTS AND DUTIES
This policy contains all the agreements be-
P Y 9
UNDER THIS POLICY
tween you and us concerning the insurance
afforded The first Named Insured shown
Your rights and duties under this policy may
in the Declarations is authorized to make
not be transferred without our written con -
changes in the terms of this policy with our
sent except in the case of death of an in -
consent This policy's terms can be amended
dividual named insured.
or waived only by endorsement issued by
If you die, your rights and duties will be
us and made a part of this policy.
transferred to your legal representative but
C. EXAMINATION OF YOUR BOOKS AND RE-
only while acting within the scope of duties
CORDS
as your legal representative. Until your legal
We may examine and audit our books and
Y Y
records as they relate to this policy at any
representative is appointed, anyone having
proper temporary custody of your property
have duties but
time during the policy period and up to three
will your rights and only with
respect to that property.
years afterward
IL 00 17 11 85 Copyright, Insurance Services Office, Inc., 1982, 1983 C
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALCULATION OF PREMIUM
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESS AUTO COVERAGE PART _
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK
The following is added:
The premium shown in the Declarations was computed based on rates in effect at the time the
policy was issued. On each renewal, continuation, or anniversary of the effective date of this
policy, we will compute the premium in accordance with our rates and rules then in effect
IL 00 03 11 85 Copyright, Insurance Services Office, Inc., 1983 O
Copyright, ISO Commercial Risk services, Inc., 1983
CGL EXTENSION SCHEDULE
X Commercial General Liability Insurance H
Railroad Protective Liability
Policy TGL 121-60-94 RA Product Liability Policy Liquor Liability
No Owners & Contractors Protective - (OCP)
Code Premium Advance Premium
Classificatlon No. Basis Rate
PR/CO All Other
s s
LOC:001 STATE/TERR:042/001
BUS STATIONS OR TERMINALS 41210 1 T FLAT INCLUDED 5,000.
T=OTHER I
M-ADMISSIONS
A -AREA
S=GROSS SALES = PER $100
P-PAYROLL
C=TOTAL COST
U=UNITS = EACH
Total: S 5.00
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict cov-
erage. Read the entire policy carefully to de-
termine rights, duties and what is and is not
covered
Throughout this policy the words "you" and
"your" refer to the Named Insured shown in the
Declarations, and any other person or organ-
ization qualifying as a Named Insured under this
policy. The words "we," 'us" and "our refer to
the company providing this insurance.
The word "insured" means any person or or-
ganization ualifyYing as such under WHO IS AN
INSURED (SCTION 11).
Other words and phrases that appear in quo-
tation marks have special meaning. Refer to
DEFINITIONS (SECTION V).
SECTION 1 - COVERAGES
COVERAGE A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured
becomes legally obligated to pay, as
damages because of "bodily injury or
"property damage" to which this insurance
applies. We will have the right and duty
to defend any "suit" seeking those dam-
ages. We may at our discretion investigate
any We
and settle any claim or
"suit' that may result But
(1) The amount we will pay for damages
is limited as described in LIMITS OF
INSURANCE (SECTION III); and
(2) Our right and duty to defend end when
we have used up the applicable limit
of insurance in the payment of judg-
ments or settlements under Coverages
A or B or medical expenses under
Coverage C.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B.
b. This insurance applies to "bodily injury"
and "property damage" only if:
(1) The "bodily injury" or "property dam-
age" is cause by an "occurrence" that
takes place in the "coverage territory;"
and
(2) The "bodily injury" or "property dam-
age" occurs during the policy period.
c. Damages because of "bodily injury" in-
clude damages claimed by any person or
organization for, care, loss of services
or death resulting at any time from the
"bodily injury."
2. Exclusions.
This insurance does not apply to:
a. "Bodily injury" or "property damage" ex-
pected or intended from the standpoint
of the insured. This exclusion does not
apply to "bodily injury" resulting from the
use of reasonable force to protect per-
sons or property.
b. "Bodily injury" or "property damage" for
which the insured is obligated to pa
damages by reason of the assumption off
liability in a contract or agreement This
exclusion does not apply to liability for
damages:
(1) Assumed in a contract or agreement
that is an "insured contract," provided
the "bodily injury" or "property dam-
age" occurs subsequent to the exe-
cution of the contract or agreement;
or
(2) That the insured would have in the
absence of the contract or agreement
c. "Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages
to a person under the legal drinking
age or under the influence of alcohor
or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution
or use of alcoholic beverages.
This exclusion applies only if you are in
the business of manufacturing, distribut-
ing, selling, serving or furnishing alcoholic
beverages.
CG 00 01 11 88 Copyright, Insurance Services Office, Inc., 1982, 1988 Page 1 of 12 0
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle created
by the "loading or unloading" of it;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials;
(3) Products or operations for which the
classification in this Coverage Part or
in our manual of rules includes pro-
ducts or completed operations.
12. "Property damage" means:
a. Physical injury to tangible propert , in-
cluding all resulting loss of use oyf that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is
not physically injured All such loss shall
be deemed o occur at the time of the
"occurrence" that caused it
13. "Suit' means a civil proceeding in which
damage because of "bodily incur�y,' "property
damage," "personal in jury" or advertising in-
jury" to which this insurance applies are al-
leged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which you
must submit or do submit with our con-
sent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which you submit with
our consent
14. "Your product" means:
a. Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by.
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose busi-
ness or assets you have acquired; and
b. Containers (other than vehicles), materials,
parts or equipment furnished in con-
nection with such goods or products.
"Your product" includes
a. Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
your product; and
b. The ,providing of or failure to provide
warnings or instructions.
"Your product" does not include vending
machines or other property rented to or
located for the use of others but not sold
15. "Your work" means:
a. Work or operations performed by you
or on your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
"Your work" includes
a. Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work;" and
b. The providing of or failure to provide
warnings or instructions.
Page 12 of 12 Copyright, Insurance Services Office, Inc„ 1982, 1988 CG 00 01 11 88 C
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
(b) The activities of a person whose
home is in the territory described
in a above, but is away for a short
time on your business; and
(2) The insured's responsibility to pay
damages is determined in a "suit" on
the merits, in the territory described
in a above or in a settlement we
agree to.
5. "Impaired property" means tangible property,
other than "Your product' or "your work,"
that cannot be used or is less useful be-
cause:
a. It incorporates "your product' or "your
work" that is known or thought to be
defective, deficient, inadequate or dan-
gerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by-
e. The repair, replacement, adjustment or
removal of "your product or "your
work;" or
b. Your fulfilling the terms of the contract
or agreement
6. "Insured contract' means:
a. A lease of premises;
b. A sidetrack agreement;
c. Any easement or license agreement, ex-
cept in connection with construction or
demolition operations on or within 50
feet of a railroad;
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 pertainin to your business
(including an indemnification of a munici-
ality in connection with work performed
or a municipality) under which you as-
sume the tort liability of another party to
pay for "bodily injury" or "property
damage" to a third person or organization.
Tort liability means a liability that would
be imposed by law in the absence of any
contract or agreement
An "insured contract" does not include that
part of any contract or agreement
a. That indemnifies any person or organiza-
tion for "bodily injury" or "property
damage' arising out of construction or
demolition operations, within 50 feet of
any railroad property and affecting any
railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
b. That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(1) Preparing, approving or failing to
prepare or approve maps, drawings,
opinions, reports, surveys, change or-
ders, designs or specifications; or
(2) Giving directions or instructions, or
failing to give them, if that is the pri-
mary cause of the injury or damage;
c. 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 those
listed in b. above and supervisory, in-
spection or engineering services; or
d. That indemnifies any person or organiza-
tion for damage by fire to premises
rented or loaned to you
7. "Loading or unloading" means the handling
of property.
a. After it is moved from the place where
it is acce ted for movement into or onto
an aircraft, watercraft or "auto;"
b. While it is in or on an aircraft, watercraft
or "auto;" or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where
it is finally delivered;
but "loading or unloading" does not include
the movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft,
watercraft or "auto."
8, "Mobile equipment" means any of the fol-
lowing types of land vehicles, including any
attached machinery or equipment
Page 10 of 12 Copyright, Insurance Services Office, Inc., 1982, 1988 CG 00 01 11 88
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal th papers received in connection with e
claim or "suit;"
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement or defense of the claim or
"suit;" and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of injury
or damage to which this insurance may
also apply.
d. No insureds will, except at their own
cost, voluntarily make a payment, assume
any obligation, or incur any expense,
other than for first aid, without our
consent
3. Legal Action Against Us.
No person or organization has a right under
this Coverage Part
a. To join us as a party or otherwise bring
us into a "suit' asking for damages from
an insured; or
b. To sue us on this Coverage Part unless
all of its terms have been fully complied
with.
A person or organization may sue us to
recover on an agreed settlement or on a
final judgment against an insured obtained
after an actual trial; but we will not be liable
for damages that are not payable under the
terms of this Coverage Part or that are in
excess of the applicable limit of insurance.
An agreed settlement means a settlement and
release of liability signed by us, the insured
and the claimant or the claimant's legal rep-
resentative.
4. Other Insurance.
If other valid and collectible insurance is
available to the insured for a loss we cover
under Coverages A or B of this Coverage
Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If this insurance is primary,
our obligations are not affected
unless any of the other insurance is also
primary. Then, we will share with all that
other insurance by the method described
in c. below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or similar
coverage for "your work;"
(2) That is Fire insurance for premises
rented to you; or
(3) If the loss arises out of the mainte-
nance or use of aircraft, "autos" or
watercraft to the extent not subject
to Exclusion g. of Coverage A (Section
1).
When this insurance is excess, we will
have no duty under Coverage A or B to
defend any claim or "suit' that any other
insurer has a duty to defend If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
insureds rights against all those other
insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that ex-
ceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any,
with any other insurance that is not de-
scribed in this Excess Insurance provision
and was not bought specifically to apply
in excess of the Limits of Insurance
shown in the Declarations of this Cover-
age Part
c. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this ap-
proach each insurer contributes equal
amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first
Page 8 'of 12 Copyright, Insurance Services Office, Inc., 1982, 1988 CG 00 01 11 88
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
4. All reasonable expenses incurred by the in-
sured at our request to assist us in the in-
vestigation or defense of the claim or "suit,"
including actual loss of earnings up to $100
a day because of time off from work.
5. All costs taxed against the insured in the
"suit."
6. Prejudgment interest awarded against the
insured on that part of the judgment we pay.
If we make an offer to pay the applicable
limit of insurance, we will not pay any pre-
udgment interest based on that period of
ime after the offer.
7. All interest on the full amount of any judg-
ment that accrues after entry of the jud -
ment and before we have paid, offered io
payy, or deposited in court the part of the
judgment that is within the applicable limit
of insurance.
These payments will not reduce the limits of
insurance.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as
a. An individual, you and your spouse are
insureds, 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.
c. An organization other than a partnership
or joint venture, you are an insured. Your
executive officers and directors are in-
sureds, 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 stock-
holders.
2. Each of the following is also an insured:
a. Your employees, other than your execu-
tive officers, but only for acts within the
scope of their employment by you.
However, no employee is an insured for.
(1) 'Bodily injury' or "personal injury" to
you or to a co -employee while in the
course of his or her employment, or
the spouse, child, parent, brother or
sister of that co -employee as a con-
sequence of such bodily in ury or
"personal injury," or for any obligation
to share damages with or repay
someone else who must pay damages
because of the injury; or
(2) "Bodily injury' or "personal injury'
arising out of his or her providing or
failing to, provide professional health
care services; or
(3) "Property damage" to property owned
or occupied by or rented or loaned
to that employee, any of your other
employees, or any of your partners
or members (if you are a partnership
or joint venture).
b. Any person (other than your employee),
or any organization while -acting as your
real estate manager.
c. Any person or organization having proper
temporary custody of your property if
you die, but only-
(1) With respect to liability arising out of
the maintenance or use of that prop-
erty; and
(2) Until your legal representative has been
appointed.
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 Part
3. With respect to "mobile equipment' regis-
tered in your name under any motor vehicle
registration law, any person is an insured
while driving such equipment along a public
highway with your permission. Any other
person or organization responsible for the
conduct of such person is also an insured,
but only with respect to liability arising out
of the operation of the equipment, and only
if no other insurance of any kind is available
to that person or organization for this li-
ability. However, no person or organization
is an insured with respect to:
a. "Bodily injury" to a co -employee of the
person driving the equipment, or
b. 'Property damage" to property owned
by, rented to, in the charge of or occu-
pied by you or the employer of any
person who is an insured under this
provision.
4. Any organization you newly acquire or form,
other than a partnership or joint venture, and
over which you maintainownership or ma-
jority interest, will qualify as a Named in-
sured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 90th day after you acquire
or form the organization or the end of
the policy period, whichever is earlier;
Page 6 of 12 Copyright, Insurance Services Office, Inc., 1982, 1988 CG 00 01 11 88
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
(1) "Your product;'
(2) "Your work;" or
(3) "Impaired property;"
if such product, work, or property is
withdrawn or recalled from the market
or from use by any person or organiza-
tion because of a known or suspected
defect, deficiency, inadequacy or dan-
gerous condition in it
Exclusions c. through n. do not apply to
damage by fire to premises rented to you
A separate limit of insurance applies to this
coverage as described in LIMITS OF INSUR-
ANCE (SECTION Ilq.
COVERAGE B. PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "personal injury" or
"advertising injury" to which this coverage
part applies. We will have the right and
duty to defend any "suit" seeking those
damages. We may at our discretion in-
vestigate any "occurrence" or offense and
settle any claim or "suit" that may result
But
(1) The amount we will pay for damages
is limited as described in LIMITS OF
INSURANCE (SECTION III); and
(2) Our right and duty to defend end when
we have used up the applicable limit
of insurance in the payment of judg-
ments or settlements under Coverage
A or B or medical expenses under
Coverage C.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B.
b. This insurance applies to:
(1) "Personal injury" caused.by an offense
arising out of your business, excluding
advertising, publishing, broadcasting or
telecasting done by or for you;
(2) "Advertising injury" caused by an of-
fense committed n the course of ad-
vertising your goods, products or
services;
but only if the offense was committed
in the "coverage territory" during the
policy period
2. Exclusions.
This insurance does not apply to:
a. "Personal injury" or "advertising injury."
(1) Arising out of oral or written publi-
cation of material, if done by or at the
direction of the insured with know-
ledge of its falsity;
(2) Arising out of oral or written publi-
cation of material whose first publi-
cation took place before the beginning
of the policy period;
(3) Arising out of the willful violation of
a penal statute or ordinance committed
by or with the consent of the insured;
or
(4) For which the insured has assumed li-
ability in a contract or agreement This
exclusion does not apply to liability
for damages that the insured would
have in the absence of the contract
or agreement
b. "Advertising injury" arising out of:
(1) Breach of contract, other than missp-
propriation of advertising ideas under
an implied contract;
Page 4 of 12 Copyright, Insurance Services Office, Inc., 1982, 1988 CG 00 01 11 88
COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT
YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF
THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX
149091 (DEPARTMENT C, 1110 SAN JACINTO STREET), AUSTIN, TEXAS 78714-9091, FAX (512) 475-1771
(78786). THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BE-
COME A PART OR CONDITION OF THIS POLICY.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF
TRANSPORTATION
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily
injury" or "property damage:"
(1) With respect to which an "insured" under
the policy is also an insured under a nu-
clear energy liability policy issued by
Nuclear Energy Liability Insurance Associ-
ation, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Associ-
ation of Canada or any of their succes-
sors, or would be an insured under any
such policy but for its termination upon
exhaustion of its limit of liability; or
(2) Resulting from the "hazardous proper-
ties" of nuclear material" and with re-
spect to which (a) any person - or
organization is required to maintain fi-
nancial protection pursuant to the Atomic
Energy Act of 1954, or any law
amendatory thereof, or (b) the "insured"
is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or or-
ganization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily
injury" resulting from the "hazardous prop-
erties" of "nuclear material" and arising out
Of the operation of a "nuclear facility" by
any person or organization.
C. Under any Liability Coverage, to "bodily
injury" or "property damage" resulting from
"hazardous properties" of nuclear material,
if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on
behalf of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent
fuel" or "waste " at any time possessed,
handled, used, processed, stored, trans-
ported or disposed of, by or on behalf of
an "insured;" or
(3) The "bodily injury" or 'property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment
in connection with the planning, con-
struction, maintenance, operation or use of
any "nuclear facility," but if such facility is
located within the United States of America,
its territories or possessions or Canada, this
exclusion (3) applies only to "property
damage" to such 'nuclear facility" and any
property thereat
2. As used in this endorsement
"Hazardous properties" includes radioactive,
toxic or explosive properties;
"Nuclear material" means "source material,"
"Special nuclear material" or "by-product
material;"
"Source material," "special nuclear material,"
and "by-product material" have the meanings
given them in the Atomic Energy Act of 1954
or in any law amendatory thereof;
"Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been
used p or exposed to radiation in a "nuclear
reactor;"
IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 C
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraph 2. of the CANCELLATION Com-
mon Policy Condition is replaced by the
following:
2.a. We may cancel this policy by mailing
or delivering to the first Named in-
sured written notice of cancellation,
stating the reason for cancellation, at
least 10 days before the effective
date of cancellation.
b. If this policy has been in effect for
60 or fewer days, we may cancel for
any reason.
c. If this policyY has been in effect for
more than 60 days, we may cancel
only for one or more of the following
reasons:
(1) Fraud in obtaining coverage;
(2) Failure to pay premiums when due;
(3) An increase in hazard within the
control of the insured which would
produce an increase in rate;
(4) Loss of our reinsurance covering
all or fart of the risk covered by
the policy; or
(5) If we have been placed in super-
vision, conservatorship or
receivership and the cancellation is
approved or directed by the
supervisor, conservator or receiver.
B. The following condition is added and su-
persedes any provision to the contrary:
NONRENEWAL
a. We may elect not to renew this policy
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 be-
yond the expiration date will be computed
pro rata based on the previous year's
premium
b. If notice is mailed, proof of mailing will
be sufficient proof of notice.
IL 02 75 11 87 Copyright, Insurance Services Office, Inc., 1987 C
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYMENT -RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following exclusion is added to
COVERAGE A (Section q:
o. 'Bodily injury" arising out of any.
(1) Refusal to employ;
(2) Termination of employment;
(3) Coercion, demotion, evaluation, re-
assignment, discipline, defamation,
harassment, humiliation, discrimi-
nation or other employment -related
practices, policies, acts or omis-
sions; or
(4) Consequential "bodily injury" as a
result of (1) through (3) above.
This exclusion applies whether the insured
may be held liable as an employer or in
any other capacity and to any obligation
to share damages with or to repay
someone else who must pay damages
because of the injury.
2. The following exclusion is added to
COVERAGE B (Section 1):
c. "Personal injury" arising out of any.
(1) Refusal to employ;
(2) Termination of employment;
(3) Coercion, demotion, evaluation, re-
assignment, discipline, defamation,
harassment, humiliation, discrimi-
nation or other employment -related
practices, policies, acts or omis-
sions; or
(4) Consequential "personal injury" as a
result of (1) through (3) above.
CG 21 47 09 89 Copyright, Insurance Services Office, Inc., 1988 ❑
ENDORSEMENT
This endorsement, effective 12:01 A.M. 01 /07/93 forms a part of
policy No. TGL 191-60-94 RA issued to CITY TRANSIT MANAGEMENT CO , INC 08A C I T I BUS
by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
RADIOACTIVE MATTER EXCLUSION
This policy does not apply to:
"Bodily Injury" or "Property Damage" arising from the actual, alleged or threatened exposure of person(s) or property
to any radioactive matter.
AUTHORIZED REPRESENTATIVE
45782(5, 87)
NOTICE TO POLICYHOLDER OF
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
This notice is to inform you of our loss control programs available in the State of Texas.
We have Field Safety Representatives with the experience and expertise to provide
accident/loss prevention services reasonably commensurate with the hazard, loss experience,
size and nature of your business operation.
Our services may include loss prevention surveys, risk exposure analysis, staff training,
counseling, accident and loss analysis, worker health and safety evaluations, risk improvement -
recommendations, educational material and literature related to your specific profession or
industry.
In the event you decide not to utilize our loss control services and opt to use your own safety
department or hire an outside contractor, the service must be provided by qualified loss
prevention representatives who are recognized by the State of Texas.
If you elect not to utilize our loss control services you are required by Texas statute to provide
us with the following information (on your company letterhead stationary, signed by an officer
of your firm):
• Acknowledgement of our offer of loss control services and your written rejection.
Your reasons for selection of an alternative.
• Your alternative loss control program, which must be reasonably commensurate with
the risk.
• Verification of the qualification of those who will be performing your loss control
services.
• Acknowledgement that quarterly summaries of activities outlined in your loss control
program will be submitted to us for review.
If you have any questions or wish to discuss this matter, contact our Texas Loss Control
Service Coordinating Unit, AIG Consultants, Inc. at 1-800-221-0651.
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
70 PINE STREET
NEW YORK, NEW YORK 10270
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the company's toll -free telephone
number for information or to make a complaint
at:
1-800-553-6938
You may contact the Texas Department of In-
surance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insur-
ance
P:O. Box 149104
Austin, TX 78714-9104
Fax # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you
have a dispute concerning your premium or
about a claim you should contact the agent first.
If the dispute is not resolved, you may contact
the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached doc-
ument.
TEXAS NOTICE
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Usted puede Ilamar al numero de telefono gratis de la
compania para informacion o para someter una queja al:
1-800-553-6938
Puede comunicarse con el Departamento de Seguros
de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax # (512) 475-1771
DISPUTAS S013RE PRIMAS O RECLAMOS: Si tiene
una disputa concerniente a su prima o a un reclamo,
debe comunicarse con el agente primero. Si no se
resuelve la disputa, puede entonces comunicarse con
el departamento (TDI).
UNA ESTE "ISO A SU POLIZA: Este aviso es solo
para proposito de informacion y no se convierte en parte
o condicion del documento adjunto.
POLICY NUMBER: TGL 191-60-94 RA
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL POLLUTION EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Exclusion f. * under COVERAGE A (Section 1) is
replaced by the following
f.(1) "Bodily injury" or "property damage" which
would not have occurred in whore or part
but for the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of pollutants at any
time.
(2) Any loss, cost or expense arising out of
any -
(a) Request, demand or order that any
insured or others test for, monitor,
clean up, remove, contain, treat
detoxify or neutralize, or in any way
respond to, or assess the effects of
pollutants: or
(b) Claim 'or suit by or on behalf of a
governmentat authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of pollutants.
Pollutants means any solid, liquid, gaseous, or
thermal irritant or contaminant including smoke,
vapor, soot, fumes, acid, alkalis, chemicals and
waste. Waste includes material to be recycled,
reconditioned or reclaimed
CG 21 49 11 88 Copyright, Insurance Services Office, inc. 1988
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RUB D IT CAREFULLY.
ABUSE OR MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to "bodily injury," "property damage," "advertising injury" or "personal
injury" arising out of:
(a) the actual or threatened abuse or molestation by anyone of any person while in the care, custody
or control of any insured, or
(b) the negligent
(i) employment;
00 investigation;
(iii) supervision;
(iv) reporting to the proper authorities, or failure to so report; or
(v) retention;
of a person for whom any insured is or ever was legally responsible and whose conduct would
be excluded by (a) above.
CG 21 46 01 87 Copyright, Insurance Services Office, Inc., 1986 ❑
ENDORSEMENT
This endorsement, effective 12:01 A.M. 01/07/93 forms a part of
policy No. TGL 191-60-94 RA issued to C I TY TRANSIT MANAGEMENT CO , INC 08A C I T I SUS
by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
ASBESTOS EXCLUSION ENDORSEMENT
It is hereby understood and agreed that such insurance as is afforded by the Company, Policy#
TGL 19 1 -60-94 RA , for Bodily Injury Liability and Property Damage lability is subject to the following exclusion:
This insurance does not apply to any liability for property damage, bodily injury, sickness, disease, occupational dis.
ease, disability, shock. death, mental anguish and mental injury at any time arising out of the manufacture of, mining
of, use of, sales of, installation of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust
or to any obligation of the insured to indemnify any parry because of damages arising out of such property damage,
bodily injury, sickness, disease, occupational disease, disability, shock, death, mental anguish and mental injury at any
time as a result of the manufacture of, mining of, use of, sales of, installation of, distribution of, or exposure to
asbestos products, asbestos fibers or asbestos dust.
It is further understood and agreed that the company is not obligated to defend any suit or claim against the insured
alleging bodily injury or property damage and seeking damages. if such suit or claims arises from bodily injury or
property damage resulting from or contributed to, by any and ail manufacture of, mining of, use of, sales of, installation
of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust.
AUTHCRIZ=DD :;E=c;EJcNTATIVE
=2833(8,85)
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - PRODUCTS - COMPLETED OPERATIONS
HAZARD
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
This insurance does not apply to "bodily injury" or "property damage" included within the "products
— completed operations hazard".
CG 21 04 11 85 Copyright, Insurance Services Office, Inc., 1984 p
i
POLICY NUMBER: TGL 191-60-94 RA CCNINIERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION -COVERAGE C-MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description and Location of Premises or Classification:
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
With respect to any locations or classification shown in the Schedule, coverage C. MEDICAL PAY—
MENTS (Section 1) does not apply and none of the references to it in the Coverage Part apply.
The following is added to SUPPLEMENTARY PAYMENTS (Section Ik
8. Expenses incurred by the insured for first aid to others at the time of an accident for "bodily
injury" to which this insurance applies.
CG 21 35 01 87 Copyright, Insurance Services Office. Inc., 19e6
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - EMPLOYEES AS INSUREDS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Part 2.a of WHO IS AN INSURED (Section Iq does not apply.
CG 21 37 11 85 Copyright, Insurance Services Office, Inc., 1984
l
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - PERSONAL AND ADVERTISING INJURY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
COVERAGE B (Section 1) does not apply and'none of- the references to it in the Coverage Part apply.
CG 21 38 11 85 Copyright, Insurance Services Office, Inc., 19134 0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - FIRE DAMAGE LEGAL LIABILITY
This endorsement modifies insurance provided under the following -
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
1. The last paragraph of 2. EXCLUSIONS under Coverage A (Section 1) does not apply.
2. Paragraph 6. of LIMITS OF INSURANCE (Section III) does not apply.
3. Any reference in the Declarations to "Fire Damage Legal Liability' does not apply.
CG 21 45 11 85 Copyright, Insurance Services Office, Inc., 1985 0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - CONDITIONS REQUIRING NOTICE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
With regard to Bodily Injury and Property Damage Liability, unless we are prejudiced by the insureds
or your failure to comply with the requirement, any provision of this Coverage Part requiring you
or any insured to give notice of occurrence, claim or suit, or forward demands, notices, summonses
or legal papers in connection with a claim or suit, will not bar liability under this Coverage Part
CG 01 03 11 85 ' Copyright, Insurance Services Office, Inc., 1984 C
INSTAIJ 4ENT SCHEDULE
NAMED INSURED: CITY TRANSIT MANAGEMENT CO., INC.
DBA CITIBUS
POLICY NUMBER: TGLI916094RA
POLICY PERIOD: Januaru 7, 1993 TO January 7, 1994
DUE & PAYABLE DATE:
01/07/93
02/07/93
03/07/93
04/07/93
05/07/93
06/07/93
07/07/93
08/07/93
10/07/93
AMOUNT
DUE:
$
1,247.00
$
417.00
$
417.00
$
417.00
$
417.00
$
417.00
$
417.00
$
417.00
$
834.00
Authorize epresentative
t.rw
r r
ENDORSEMENT
This endorsement, effective 12:01 A.M., January 7, 1993 forms a part of
Policy No:TGL1916094RA Issued To: City Transit Management Co., Inc.
DBA Citibus
By: THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
ADDITIONAL INSURED
It is hereby understood and agreed that the following entities are
Additional Insureds under this policy as respects to the operations of
the Named Insureds, but only with respect to claims and/or occurrences
arising out of the negligence of the Named Insured, its agents, servants,
or employees.
THE CITY OF LUBBOCK
ATTN: VICTOR KILLMAN
P.O. BOX 2000
LUBBOCK, TEXAS 79457
TEXAS TECH UNIVERSITY ITS EMPLOYEES
AND BOARD & BOARD OF REGENCY
Dr. Robert Ewalt
P.O. BOX 4610
LUBBOCK, TEXAS 79409-1101
Authorized Representative