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HomeMy WebLinkAboutResolution - 2013-R0323 - Agreement - North And East Community Development Corporation - Grant Management - 09/26/2013Resolution No. 2013-RO323 September 26, 2013 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Grant Management Agreement for the purpose of promoting economic development within the North and East areas of the City, by and between the City of Lubbock and North & East Lubbock Community Development Corporation, and all related documents. Said Agreement is attached hereto as Exhibit "A" and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council; and Passed by the City Council this 26th day of September 2013. Z� �T C. ROfERTSON,OR ATTEs,r: LReb cca Garza, City Secre y 4APPR V AS TO CONTENT: uincy ', Assistant City Manager APPROVED ORM: fiA� �C?Nx �I Lau Pratt, Assistant City Attorney Resolution - NECDC Grant FY 2013-14 Resolution No. 2013-RO323 GRANT MANAGEMENT AGREEMENT THIS AGREEMENT (the "Agreement") is entered into between the CITY OF LUBBOCK, TEXAS, a municipal corporation ("City") and NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORPORATION a Texas not-for- profit corporation (the "Corporation"). PREAMBLE Pursuant to Local Government Code §380.002, Vernon's Texas Codes Annotated, the City of Lubbock (hereinafter called "City") has determined that it wishes to contract with a Texas Non -Profit Corporation for the purpose of promoting economic development within the North and East areas of the City. The Corporation desires to contract with the City of Lubbock for grants of municipal funds for the purpose of promoting, assisting and enhancing economic development. ARTICLE I PROGRAMS AND ACTIVITIES; TERM 1.01. Delegation. City hereby delegates to Corporation, and Corporation hereby accepts, responsibility for creating, managing, operating and supervising programs and activities for the purpose of promoting, assisting and enhancing economic development within the North and East areas of the City: (a) Housing development: Increase housing supply, land assemblage, and site development. (b) Community economic development: Provide project oversight and generate economic activity in the area. 1.02. Governmental Requirements. The Corporation shall conduct its programs and activities in accordance with all applicable laws, rules, statutes, and regulations of federal, state and local governments, including, without limitation, the provisions of Chapter 380 of the Local Government Code, as the same now exist or hereafter may be enacted and/or amended. 1.03. Term. This Agreement shall be for a term of one (1) year, beginning October 1, 2013 and ending September 30, 2014. GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 1 ARTICLE II FISCAL MATTERS 2.01. Funding. City agrees to provide for programs for the public purposes of development and diversification of the economy of the North and East areas of the City, reduction of unemployment and underemployment and development and expansion of commerce in the North and East areas of the City. The City hereby finds that programs within the limits described above are within the scope of Section 380.002 of the Texas Local Government Code and the City hereby delegates to the governing body of the Corporation the authority to determine the priorities and funding of individual programs to the extent allowed by law and subject to a proper and complete accounting of any public funds expended. 2.02. Budgets. The corporation shall prepare and submit to City a detailed annual budget in a form acceptable to City. City and Corporation contemplate that the budget shall be submitted in a form substantially identical to the form used by City's departments in its internal budgeting process, provided that such form may be varied by agreement of City and Corporation. Each budget shall be submitted to City in accordance with the City's budget calendar of the fiscal year to which the budget relates. The City shall notify Corporation of the budget calendar each year in the same manner as it does its own internal departments. Upon receipt of Corporation's proposed budget, City shall review such budget and promptly notify Corporation of any changes and/or supplements to the proposed budget that the City believes are necessary. City and Corporation agree to work with one another and cooperate in good faith to address any such changes and/or supplements to the proposed budget. Following completion of any revisions to the proposed budget, City shall submit the proposed budget to the City Council for review and approval by the City Council in accordance with Chapter 102, Local Government Code, and Chapter 1, Article X, Paragraph 4, Lubbock City Charter. The City's final approval of the budget, including any further revisions thereto which may be required by the City Council, shall be in writing. 2.03. Grant Terms. (a) Grant Amount. Upon the approval and execution of this agreement by the City Council of the City, the City shall fund to Corporation the total grant amount of Two Hundred Fifty One Thousand and Sixty Eight Dollars ($251,068) for the purposes stated in this Agreement. Grant payments shall be made quarterly in the amount of Sixty -Two Thousand Seven Hundred Sixty -Seven dollars ($62,767) according to the following schedule: October 1, January 1, April 1, and July 1. GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 2 All such grant amounts distributed to the Corporation shall be subject to and administered in accordance with this Grant Management Agreement. (b) Unexpended Funds. To the extent any unexpended funds shall remain at the end of a fiscal year, such unexpended funds are reappropriated to Corporation for use during the following fiscal year. Unless such unexpended funds already have been included in the approved budget for the following fiscal year or City and Corporation otherwise agree, Corporation shall determine the budget account or accounts in which such excess funds remain and the excess funds shall be added to the same account or accounts in the following budget in the same proportion. 2.04. Expenditures. Funds received by Corporation under the terms of this Agreement may be spent for day-to-day operations of the Corporation, supplies, salaries, office rental, travel expenses, expenses related to the preparation of business development incentives, or sums to be paid as incentives as a part of a program of grants and loans and other administrative costs, provided that no such revenues may be spent for the conduct of an activity the primary purpose of which is not directly related to the purposes described in paragraph 1.01 above. Corporation shall not make any expenditures using funds provided hereunder unless such expenditures are incurred pursuant to the terms of a budget approved by City as provided in this Agreement. 2.05. Financial Reporting. Corporation shall maintain complete and accurate financial records of each expenditure of funds provided by City pursuant to the terms of this Agreement. All financial records of Corporation shall be maintained on an accrual basis, in accordance with the Government Accounting Standards Board rules and guidelines consistently applied. Within thirty (30) days following the end of each fiscal quarter, Corporation shall provide to City a written financial statement for such quarter showing all revenues received by Corporation from City with respect to such quarter and listing all expenditures of the Corporation during such fiscal quarter in carrying out its programs and services under this Agreement. In addition, Corporation shall submit to City a quarterly report showing all items related to Corporation's long term commitments to third parties. Corporation agrees to make all of its records available to City and, to the extent required by law, to other persons, provided that any inspection or review of Corporation's financial records shall be conducted only during Corporation's normal business hours at its offices. City, at its option, shall be entitled to have an audit of Corporation's financial records conducted by an auditor of City's choosing. Any deficiencies noted in audits conducted by City or the auditor of its choosing shall be fully corrected by Corporation within thirty (30) days after receipt of notice of such deficiencies. However, if the nature of the deficiency is such that both parties agree that the deficiency cannot be reasonably cured in thirty (30) days due to economical, financial, or feasibility factors, GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 3 then the parties shall agree upon a schedule and a plan to cure said deficiency. Corporation agrees to abide by any such agreed upon schedule and plan to cure. Additionally, City is aware of the fact that Corporation routinely conducts a complete audit of its financial affairs following the end of each fiscal year through the Corporation's independent auditor. The Corporation agrees to provide City with a copy of any audit report furnished to Corporation. 2.06. Fiscal Year. For purposes of this Agreement, Corporation's fiscal year shall begin on October 1 of each calendar year and shall end on September 30 of the following calendar year. 2.07. Other Revenue. Nothing contained in this Agreement shall prohibit Corporation from obtaining funding for its programs and activities from other sources, including charitable contributions and grants from private foundations and governmental organizations. All funds received by Corporation pursuant to the terms of this Agreement shall be maintained in a segregated account and shall not be commingled with any other funds belonging to Corporation. No funds paid to Corporation pursuant to this Agreement shall be used for any purpose other than the purposes stated in Section 1.01 and 2.04 of this Agreement and, to the extent the Corporation incurs expenditures in connection with the programs and activities described in Section 1.01 which also benefit other programs and activities conducted by Corporation, such expenditures shall be allocated equitably among the various funding sources available to Corporation based upon the relative benefits of such expenditures to the various programs and activities conducted by Corporation. 2.08. Insurance. Corporation shall procure and carry, at its sole cost and expense during the term of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with the activities contemplated under this Agreement. A Certificate of Insurance specifying each and all coverages shall be submitted to the City no later than thirty (30) days subsequent to the date of this agreement. Corporation shall provide to the City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurers rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. (a) Crime insurance. Corporation shall have Crime Insurance in the amount of $100,000.00 that includes form A, employee dishonest coverage and form B, forgery or alteration coverage. GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 4 (b) Surety Bond. The Director for the Corporation must maintain a surety bond in the amount of $100,000.00 naming himself or herself as the obligee and the City as the principal. ARTICLE III PERSONNEL 3.01. Executive Director. Subject to the approval by the City, the Corporation's Board of Directors shall appoint a City employee to serve as the Executive Director of the Corporation. This City employee shall provide oversight and assistance to the Corporation in performing its responsibilities under the terms of this Agreement. 3.02. Personnel. Corporation shall set the qualifications for and shall hire any and all personnel Corporation deems necessary to discharge its responsibilities under the terms of this Agreement and shall have the authority to fix the compensation and other benefits payable to Corporation's employees. Corporation, in carrying on its programs and activities hereunder, shall be acting solely as an independent contractor and not as an agent or employee of City. All employees of Corporation shall have the sole right and authority to direct the time, place and manner in which its employees perform the tasks for which they are hired, and shall be solely responsible for all income tax withholding, benefits, unemployment compensation payments and other expenses associated with such employees. All contacts between City and Corporation personnel shall be coordinated through the President of Corporation's Board of Directors or such other person or persons as the Corporation's Board of Directors may designate. ARTICLE IV OFFICES 4.01. The offices of the Corporation shall be those described in its Articles of Incorporation. ARTICLE V TERMINATION 5.01. Termination. This Agreement may be terminated by the mutual agreement of City and Corporation or by default by either City or Corporation as provided in Section 5.02. 5.02. Default. Neither party shall be deemed to be in default under the terms of this Agreement unless and until it has received written notice from the other party GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 5 specifically describing any failure on its part to perform its duties and obligations hereunder and does not cure such failure within thirty (30) days following receipt of such written notice from the other party, provided, however, that in the event the nature of the failure is such that it reasonably cannot be cured within said thirty -day period, no default shall occur hereunder so long as the party failing to perform commences to cure such failure within said thirty -day period and thereafter diligently and in good faith prosecutes such cure to completion. Financial inability or delay shall not be deemed to be sufficient cause to extend the cure period, unless any failure to perform by Corporation results from City's failure to timely pay to Corporation funds in the amounts and at the times provided elsewhere in this Agreement. 5.03. Remedies Upon Default. If an event of default shall occur under this Agreement, the non -defaulting party may terminate this Agreement upon written notice to the defaulting party and thereafter pursue such other remedies against the defaulting party as may be permitted by applicable law. Anything contained elsewhere in this Agreement to the contrary notwithstanding, however, no director, officer, employee or agent of either party to this Agreement shall be personally liable for any default by such party. ARTICLE VI MISCELLANEOUS 6.01. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modification or amendment of this Agreement shall be in writing and executed by both parties. 6.02. Applicable Law. This Agreement shall be construed and enforced in all respects in accordance with the laws of the State of Texas and the laws of the United States applicable to transactions in Texas. 6.03. Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute but one and the same agreement. 6.04. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to persons or circumstances, other than those as to which it is determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 6 6.05. Captions. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement or the scope or content of any of its provisions. 6.06. Notices. (a) Any notice, report, request or demand required, permitted or desired to be given under this Agreement (hereinafter collectively referred to as "Notices") shall be in writing and shall be deemed to have been properly given or served when mailed by registered or certified mail, return receipt requested or personally delivered to the respective party at the following addresses: If to Corporation: Executive Director North & East Lubbock Community Development Corporation P. O. Box 3893 Lubbock, Texas 79452 If to City: City Manager City of Lubbock P. O. Box 2000 Lubbock, Texas 79457-0001 (b) Any addressee or name specified above may be changed by a Notice given by the addressee to the other party in accordance with Section 6.06(a) above. (c) All Notices shall be deemed effective as of the date of mailing or on the date of personal delivery, as appropriate. Any Notice to be given by and party hereto may be given by counsel for such party. 6.07. Interpretation. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. 6.08. Time. Time is of the essence to this Agreement and the obligations of the parties hereunder; provided, however, that if any date specified herein for performance of any duty, obligation or responsibility shall fall on a Saturday, Sunday or legal holiday for national banks doing business in Texas, the time for such performance shall be extended until the next day which is not a Saturday, Sunday or legal holiday for national banks doing business in Texas. GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. 7 EXECUTED this 26th day of September '2013. CITY: CITY OF LUBBOCK, TEXAS BY: GLEROB SON, MAYOR CORPORATION: AST LUBBOCK COMMUNITY VID LAN ATTEST: 1). 0.4.4 <.ne- L —5-K— eb cca Garza, Secretary APPROVED AS TO CONTENT: Quincy MO, Assistant City Manager APPROVED AS TO FORM: '�4� U 7hpLm Laur raft, Assistant City Attorney NE LUBBOCK CDC GRANT MANAGEMENT AGREEMENT FY 2013-14 GRANT MANAGEMENT AGREEMENT NORTH & EAST LUBBOCK COMMUNITY DEVELOPMENT CORP. CENTRAL (ig. INSURANCE COMPANIES Fulfilling the Promise Since 1876 OCTOBER 08, 2012 8371615 16 42 MHBT INC 8144 WALNUT HILL LN STE 1600 DALLAS TX 75231-4337 NORTH AND EAST LUBBOCK COMMUNITY DEVELOPMENT PO BOX 3893 LUBBOCK TX 79452 Dear Policyholder: GoGreens Visit www.central-insurance.com and select the Go Green logo to learn about online solutions. Thank you for renewing your policy with the Central Insurance Companies. We appreciate your business! Your renewal policy declarations page is attached. You will be issued a separate Billing Statement. Please review all information thoroughly as there may be other forms which require your attention. If you have questions regarding these forms or any part of your policy, please contact your agent at 972-770-1600. If you should experience a claim, you may report it to the agent listed above, or directly to Central by one of the following options: 1. Online via the myCentral® website. Visit www.central-insurance.com and click on the myCentral® link. 2. By phone to the following numbers: 888-263-2924. For Glass Claims, contact Central's glass network at 866-410-4753 or 800-988-9808, 24 hours a day, seven days a week. 3. Fax your claim to 800-736-7026. CENTRAL INSURANCE COMPANIES 800 South Washington St. • P.O. Box 351 • Van Wert, OH 45891-0351 • www.central-insurance.com 20-1916 09 04 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call our toll-free telephone number for information or to make a complaint at 1-800-733-2233 You may also write to us at: Central Mutual Insurance Company All America Insurance Company 7301 North State Highway 161, Suite 320 Irving, TX 75039 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company 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 document. 20-1806 05/10 20-1806 05/10 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de compania para informacion o para someter una queja al 1-800-733-2233 Usted tambien puede escribir a compania: Central Mutual Insurance Company All America Insurance Company 7301 North State Highway 161, Suite 320 Irving, TX 75039 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 Web: http://www.tdi.state.b(.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. CENTRAL (io. INSURANCE COMPANIES Fulfilling the Promise Since 1876 NOTICE TO POLICYHOLDERS 14-3336 0311 CENTRAL PREMIER@ PROPERTY EXTENSIONS COVERAGE ENDORSEMENT CENTRAL PREMIER PLUS@ PROPERTY EXTENSIONS COVERAGE ENDORSEMENT NO COVERAGE IS PROVIDED BY THIS SUMMARY NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATION PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THIS POLICY SHALL PREVAIL. Your previous policy included either our Central Premier@ Property Extensions Coverage Form or Central Premier Plus@ Property Extensions Coverage Endorsement. This notice has been prepared in conjunction with the implementation of changes to these endorsements. It contains a brief synopsis of the significant broadenings, restrictions and clarifications of coverage that were made in each of these endorsements. This notice does not reference every editorial change made in these endorsements. CENTRAL PREMIER@ PROPERTY EXTENSION COVERAGE ENDORSEMENT Restriction of coverage: • Debris Removal coverage is changed to increase the $10,000 limit found in the coverage form to $25,000. Previously the blanket limit applied. • Personal Effects -Property of Others is reworded to clarify that the $5000 limitation applies to any one person or entity. This could be considered a reduction in coverage. Broadening of coverage: • Added Outdoor Fences coverage. • Added Outdoor Light Poles to clarify that this property is considered outdoor fixtures. • Added coverage for Valuable Paper and Records while at a non -owned storage location. Clarifications: • Outdoor Signs coverage is reworded to reflect changes to the coverage form. • Tenant's Glass coverage is reworded for clarification. CENTRAL PREMIER PLUS@ PROPERTY EXTENSIONS COVERAGE ENDORSEMENT Restrictions of coverage: • Debris Removal coverage is changed to increase the $10,000 limit found in the coverage form to $25,000. Previously the blanket limit applied. • A sub -limit of $50,000 has been added to the Employee Theft section of the Crime Coverage. • A sub -limit of $25,000 has been added to the Inventory and Appraisal coverage extension. • Personal Effects -Property of Others is reworded to clarify that the $5000 limitation applies to any one person or entity. This may be considered a reduction in coverage. • The Sewer, Drain or Sump Back Up or Overflow coverage is amended to exclude loss that occurs within 5 days of the effective date of the coverage unless the coverage was added at the policy inception or renewal date. Also, excluding loss when damage due to flood, surface water, or overflow of a body of water also occurs. 14-3336 03 11 Page 1 of 2 Broadening of coverage: • Added Outdoor Fences coverage. A $50,000 sub -limit applies. • Added Outdoor Light Poles to clarify that this property is considered outdoor fixtures. • Added Lessor's Additional Expenses to cover specified expenses incurred when a tenant cancels a lease due to a covered loss. • Added coverage for Valuable Paper and Records at a non -owned storage location. • Extended Sewer and Drain Back Up coverage to apply to overflow and to sumps, sump pumps and related equipment. Clarifications: • Outdoor Signs coverage is reworded to reflect changes to the coverage form. • Tenant's Glass coverage is reworded for clarification. Please contact your agent if you have any questions. 14-3336 03 11 Page 2 of 2 14-3337 0311 CENTRAL (io. INSURANCE COMPANIES Fulfilling the Promise Since 1876 COMMERCIAL PROPERTY COVERAGE PART MULTISTATE REVISION OF FORMS AND ENDORSEMENTS ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your Commercial Property insurance. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THIS POLICY SHALL PREVAIL. The areas within the policy that broaden or reduce coverage, and other changes, are highlighted below. This notice does not reference every editorial change made in your policy. The material in this notice makes reference to form and endorsement numbers; however, not all forms and endorsements are included in a particular policy. PROPERTY DAMAGE AND RELATED COVERAGE FORMS 1. Broadenings In Coverage Outdoor Signs In Form CP0020, the Limit of Insurance for signs attached to the building is increased from $1,000 per sign to $2,500 per sign in any one occurrence. In Forms CP0010, CP0017, CP0018 and CP0099, the Limit of Insurance for attached outdoor signs is increased from $1,000 to $2,500 per sign in any one occurrence. The Limit of Insurance for detached outdoor signs is increased from $1,000 per -occurrence (in total) to $2,500 per sign in any one occurrence. Further, coverage for detached outdoor signs is broadened to include all causes of loss otherwise covered under the applicable Causes of Loss form. Fire Department Service Charge (CP0010, CP0017, CP0018, CP0020, CP0080, CP0099) The Fire Department Service Charge Additional Coverage is revised to enable purchase of a higher limit of coverage. This is a new coverage option which broadens a policy to which it applies. Party Walls (CP0010, CP0017, CP0020, CP0099) Potential broadening of coverage: As revised, the above captioned forms identify the exposure (parry walls) and convey loss adjusting procedures for it. Under this insurance, loss payment relating to a party wall reflects the insured's partial interest in that wall. However, if the owner of the adjoining building elects not to repair or replace that building (and the building insured under this insurance is being repaired or replaced), this insurance will pay the full value of the party wall subject to all other applicable policy provisions. 2. Other Changes Additional Coverages - Various In Forms CP0010 and CP0017, revisions are made to reinforce that the amount of coverage for Electronic Data and Increased Cost of Construction Additional Coverages applies in addition to the Limits of Insurance for any other coverages under these forms. In Forms CP0018 and CP0099, revisions are made to reinforce that the amount of coverage for Electronic Data applies in addition to the Limits of Insurance for any other coverages under these forms. 14-3337 03 11 Page 1 of 4 Forms CP0040 and CP0070 have been revised to make it more explicit that the amount of coverage under the Supplementary Payments Additional Coverage applies in addition to the Limit of Insurance under these forms. BUSINESS INTERRUPTION COVERAGE FORMS Broadenings In Coverage Civil Authority Additional Coverage (CP0030, CP0032, CP0050) The basic coverage period for the Civil Authority Additional Coverage is increased from three weeks to four weeks. If Endorsement CP1532 was and is used to increase the coverage period, there may be no actual change in the coverage period under a particular policy. 2. Reduction Or Potential Reduction Of Coverage Civil Authority Additional Coverage (CP0030, CP0032, CP0050) The use of a radius of one mile to circumscribe Civil Authority Coverage is, from a technical (though not historical) perspective, a reduction in coverage - that is, narrowing of the circumstances under which this coverage may apply. Optional Endorsement CP1532 may be used to modify the radius. 3. Other Changes Interruption In Computer Operations Additional Coverage (CP0030, CP0032, CP0050) Revisions are made to reinforce that the amount of coverage for the Interruption In Computer Operations Additional Coverage applies in addition to the Limits of Insurance for any other coverages under these forms. CAUSES OF LOSS FORMS Broadenings In Coverage Utility Services Exclusion (CP0070, CP0099, C121010, C121020, CP1030) With respect to time element coverage, there is a broadening of coverage, in that on -premises failure is limited to situations where the failure involves equipment used to supply utility service from an off -premises source. Reduction Or Potential Reduction Of Coverage Utility Services Exclusion (CP0070, C120099, CP1010, CP1020, CP1030) This exclusion newly applies to utility failure that originates at the described premises, when such failure involves equipment used to provide utility service supplied by an off -premises provider. With respect to time element coverage, the aforementioned statement is relevant to the covered building, since the current time element exclusion already includes failure originating on the described premises outside a covered building. Other Changes Product Errors (CP0070, CP1030) Coverage does not apply to loss or damage to any merchandise, goods or other product, caused by error or omission in any stage of the development, production or use of the product. But if the error or omission results in a covered cause of loss, the loss or damage attributable to the covered cause of loss is covered. Coverage intent is reinforced, with an explicit provision, in light of sporadic claims being asserted in contradiction of intent. NOTE TO INSURER: With respect to individual insurers, impact may vary based on past claims and loss settlement history. Collapse In Forms CP0070 and CP1030, the exclusion for collapse and the Additional Coverage - Collapse (which builds back limited coverage) are revised to reinforce that relationship. 14-3337 03 11 Page 2 of 4 In Form CP1020, the Additional Coverage - Collapse is revised to reinforce the applicability of such coverage with respect to certain perils that are not otherwise covered by the policy. Artificially Generated Electrical Current Exclusion (CP0070, CP0099, CP1010, CP1020, CP1030) This exclusion has been revised to explicitly incorporate various terms that reflect current understanding of technology with respect to power sources and associated systems, such as electromagnetic energy (including electromagnetic pulse or waves) and microwaves, and the various risks presented by them. ENDORSEMENTS 1. Broadenings In Coverage Discretionary Payroll Expense Endorsement CP1504 This endorsement enables covering the payroll expense of particular job classifications or employees regardless of whether such expense is necessary to resume operations. Such coverage may be provided for the entire period of restoration or limited to a specified maximum number of days. 2. Other Changes • Business Income - Landlord As Additional Insured (Rental Value) Endorsement CP1503, Business Income - Landlord As Additional Insured (Rental Value), provides coverage for loss of rental income for a landlord (the Additional Insured) under a tenant's policy. The amount of any payment made to the Additional Insured under this endorsement will be deducted from the Named Insured's business income loss. • Additional Insured and Loss Payee (Building Owner) Endorsement CP1219, Additional Insured - Building Owner, enables adding the building owner as an additional Named Insured under a tenant's Building Coverage. Endorsement CP1218, Loss Payable Provisions, is revised to add an option, Building Owner Loss Payable, to identify the building owner and recognize that entity as a loss payee. • Building Glass Under Tenant's Policy Endorsement CP1470, Building Glass - Tenant's Policy, is introduced to enable coverage of building glass under a tenant's policy that does not otherwise cover the building. Coverage, if any, was previously identified by means of Declarations entry. • Windstorm Or Hail Percentage Deductible Endorsement CP0321 The following editorial changes are made: The text of the endorsement no longer includes language pertaining to other causes or events that contribute concurrently or in any sequence to the loss, because the underlying policy addresses that concept. Language is added to make it more explicit that this endorsement does not affect the impact of the policy's Water Exclusion or any other exclusion in the policy, and does not affect the application of a Flood Deductible if the policy (or another policy) provides coverage for Flood. • Causes Of Loss Exclusion Endorsements (CP1054 and CP1056) Under Endorsement CP1054, a statement is added to reinforce the applicability of underlying policy exclusions. Under Endorsement CP1056, exclusionary language concerning seepage or leakage is added to conform to the provision in the underlying policy, with no change in coverage. • Dependent Properties -Time Element (CP1508, CP1509, CP1534) The revised description of Miscellaneous Locations makes it explicit that highways and other transportation conduits are not considered to be Miscellaneous Locations. • Electrical Apparatus And Electronic Commerce Endorsements Endorsements CP0410 and CP0430 are revised to reflect the changes to the Artificially Generated Electrical Current exclusion in the Causes of Loss forms. • Utility Services Coverage Endorsements (CP0417, CP1545) 14-3337 03 11 Page 3 of 4 These endorsements are revised to remove the qualification that the utility service property be located off the described premises (or outside a covered building, in the case of time element). With respect to a policy that was and is endorsed to cover utility services, there is no change in coverage. The revision to the coverage endorsements simply recognizes the revision to the underlying exclusion. Functional Building Valuation Endorsement CP0438 The section of the endorsement that addresses exclusion of pollution under Ordinance Or Law Coverage is revised to include reference to fungus and other contaminants and to follow similar provisions of the Increased Cost Of Construction Additional Coverage in the underlying policy. 14-3337 03 11 Page 4 of 4 CENTRAL (ig. INSURANCE COMPANIES Fulfilling the Promise Since 1876 NOTICE TO POLICYHOLDERS DATA COMPROMISE COVERAGE 14-3351 01 12 NO COVERAGE IS PROVIDED BY THIS SUMMARY NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATION PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THIS POLICY SHALL PREVAIL. Your previous policy included Data Compromise Coverage. This notice has been prepared in conjunction with the implementation of changes to this coverage. It contains a brief explanation of the changes that were made. This notice does not reference every editorial change made in coverage form. The Data Compromise Coverage applied only to specified expenses you incurred when personal information of others was lost, stolen or inadvertently released. This coverage has been broadened to provide a limited amount of coverage for defense costs and liability arising from suits brought against you by affected individuals as the result of a breach of personal information. This coverage is in addition to the coverage that has previously been provided. Please refer to the Data Compromise Coverage attached to your renewal policy for more detailed information. 14-3351 01 12 IN.CENTRAL INSURANCE COMPANIES -Since 1876 - NOTICE TO POLICYHOLDERS 20-1942 0194 Your policy has an exclusion for injury caused by asbestos and lead. The endorsement is a clarification of this excluded injury or damage and you should read it for the understanding of the coverage provided by this contract. 20-1942 0194 20-1956 1194 CENTRAL INSURANCE COMPANIES Fulfilling the Promise Since 1876 IMPORTANT INFORMATION ABOUT YOUR POLICY RENEWAL Thank you -- for allowing us to renew your policy. We appreciate your business. Please keep your existing policy forms. Be sure to review the enclosed renewal information carefully. To help control expenses, the only forms attached to this renewal are those forms which have been added or revised. If you have any questions about your policy, or this renewal, please don't hesitate to check with your agent. 20-1956 11 94 20-2118 06 08 NOTICE TO POLICYHOLDERS DISCLOSURE OF EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This notification does not form a part of your insurance contract. No coverage is provided by this notification, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this notification and the policy (including its endorsements), the provisions of the policy (including its endorsements) shall prevail. Carefully read your policy, including the endorsements attached to your policy. This notification provides information concerning the following endorsement, which applies to your new or renewal policy being issued by us: Exclusion of Loss Due to Virus Or Bacteria Endorsement CP0140 This endorsement makes an explicit statement regarding a risk that is not covered under your Commercial Property insurance. It points out that there is no coverage under such insurance for loss or damage caused by or resulting from any virus, bacterium or other microorganism that induces, or is capable of inducing, physical distress, illness or disease. The exclusion in this endorsement applies to all coverages provided by your Commercial Property insurance, including (if any) property damage and business income coverages. Contact your agent if you have any questions regarding the content of this notice. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT This notification is attached to and made part of your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This notification does not grant any coverage or change the terms and conditions of any coverage under the policy. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the policy Declarations. B. Disclosure of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap on Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CHANGE IN THE DEFINITION OF CERTIFIED ACTS OF TERRORISM AND INFORMATION ON LIMITATIONS ON FEDERAL AND INSURER LIABILITY This Notice has been prepared in conjunction with the implementation of changes related to the coverage of terrorism under your policy. This Notice does NOT form a part of your insurance contract, but is designed to alert you to revised provisions in the terrorism endorsement in this policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. Carefully read your policy, including the endorsements attached to your policy. Under the federal Terrorism Risk Insurance Program Reauthorization Act of 2007, the definition of "certified acts of terrorism" (which is more fully defined in the endorsement) no longer requires that the act of terrorism be 20-2118 06 08 Page 1 of 2 committed by or on behalf of a foreign interest. Therefore, coverage for "certified acts of terrorism" now encompasses, for example, an act committed against the United States government by a United States citizen, when the act is determined by the federal government to be a "certified act of terrorism" under the terms of the federal Terrorism Risk Insurance Program. Coverage is subject to all policy exclusions (for example, nuclear hazard and war exclusions) and other policy provisions. The government may participate in paying for some of the losses from a "certified act of terrorism." However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on our liability pursuant to the federal law; that is, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Refer to the terrorism endorsement for the definition of "certified acts of terrorism." Refer to the endorsement, and to the rest of the insurance contract, for provisions that govern coverage for, or that exclude coverage for, losses arising from terrorism. 20-2118 06 08 Page 2 of 2 CENTRAL (io. INSURANCE COMPANIES Fulfilling the Praise Since 1876 AVAILABLE PAY PLANS The company offers. 20-2143 10/07 1. EFT Plans (Electronic Funds Transfer): ** No service fees apply to any of the EFT plans. ** a. Annual EFT — the premium is paid in one installment withdrawn on the effective date of the policy. b. Semi -Annual EFT — the premium is paid in two installments, withdrawn six months apart. c. Quarterly EFT — the premium is paid in four installments, withdrawn three months apart. d. Monthly EFT — the premium is paid in twelve monthly withdrawals. 2. NON -EFT Plans: a. Annual — the premium is paid in one installment due on the effective date of the policy. No service fees apply. b. Semi -Annual — the premium is paid in two installments due six months apart. Service fees apply. c. Quarterly — the premium is paid in four installments due three months apart. Service fees apply. d. Monthly — the premium is paid in twelve monthly installments. Service fees apply. We offer account billing on each of the above plans which allows for multiple policies to be billed together on a single account. We require separate billing accounts for personal and commercial lines policies. 20-2143 10/07 22-1260 0111 CENTRAL INSURANCE COMPANIES Fulfilling the Promise Since 1876 AN IMPORTANT LOSS CONTROL MESSAGE FOR OUR LIABILITY POLICYHOLDERS The Central Insurance Companies have a broad range of Loss Control consulting services available to assist you with your safety program and activities. These services, commensurate with the hazards, exposures, experience, and size of your business, require your cooperation and participation to make them most effective. Loss Control pays. It preserves your most valuable assets ... your customers, your employees and your property. Central's Loss Control Department provides these consulting services based on your needs and requirements. The services available to you upon request at no charge are: Loss Control Surveys of your premises and operations. 2. Recommendations and suggestions based on the survey. 3. Assistance with your Safety Training Programs. 4. Audio-visual training aids, posters and booklets. 5. Consultation on technical safety problems you may have. 6. Analysis of accident causes and suggested corrective measures you can implement. 7. Consultation on your implementation of a Loss Control Program designed for your needs. Central's staff of Loss Control Consultants is prepared to consult with you on the effectiveness of your Safety Program and to assist you in implementing such a program. Simply contact your Central Agent or call our Regional Office and ask for the Loss Control Department. Regional Offices Van Wert, OH (IL, IN, KY, MI, OH) 1-800-736-7000 Alpharetta, GA (GA, NC, SC, TN, VA) 1-800-877-2233 Waltham, MA (CT, MA, NH, NJ, NY, PA) 1-800-359-2233 Irving, TX (AZ, CO, NM, NV, OK, TX) 1-800-733-2233 22-1260 01 11 7-14070310 CENTRAL INSURANCE COMPANIES Fulfilling the Promise Since 1876 COMMERCIAL INLAND MARINE COVERAGE PART MULTISTATE REVISION OF FORMS AND ENDORSEMENTS ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your Commercial Inland Marine insurance. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL. The areas within the policy that broaden or reduce coverage, and other changes, are highlighted below. This notice does not reference every editorial change made in your policy. The material in this notice makes reference to form and endorsement numbers; however, not all forms and endorsements are included in a particular policy. COVERAGEFORMS BROADENINGS IN COVERAGE NO CHANGES WERE MADE WHICH RESULTED IN A BROADENING OF COVERAGE. REDUCTIONS IN COVERAGE Collapse (CM0020, CM0021, CM0022, CM0026, CM0028, CM0029, CM0045, CM0052, CM0059, CM0066, CM0067) Coverage intent is reinforced with the added criterion that a collapse be abrupt. This represents a reduction in coverage to the extent that coverage might have applied to losses resulting from collapse not considered abrupt. OTHER CHANGES Covered Causes Of Loss Provision (CM0020, CM0021, CM0022, CM0026, CM0028, CM0029, CM0045, CM0052, CM0059, CM0060, CM0066, CM0067) The "open perils" Covered Cause of Loss provision is revised by the deletion of the term "risks of from the phrase "Covered Causes of Loss means risks of direct physical loss or damage." Collapse (CM0020, CM0021, CM0022, CM0026, CM0028, CM0029, CM0045, CM0052, CM0059, CM0066, CM0067) The exclusion for collapse and the Additional Coverage - Collapse (which builds back limited coverage) are revised to reinforce that relationship. Artificially Generated Electrical Current Exclusion (CM0021, CM0022, CM0026, CM0028, CM0029, CM0052) This exclusion has been revised to explicitly incorporate various terms that reflect current understanding of technology with respect to power sources and associated systems, such as electromagnetic energy (including electromagnetic pulse or waves) and microwaves, and the various risks presented by them. 7-1407 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 2 Nuclear Hazard Exclusion (CM0020, CM0021, CM0022, CM0026, CM0028, CM0029, CM0045, CM0052, CM0059, CM0066, CM0067) The Nuclear Hazard exclusion is simplified by the deletion of reference to weapons and of the phrase "from any other cause." The revised language simply excludes nuclear reaction or radiation, or radioactive contamination, however caused. War And Military Action Exclusion (CM0020, CM0021, CM0022, CM0026, CM0028, CM0029, CM0045, CM0052, CM0059, CM0060, CM0066, CM0067) A comma is added in the War And Military Action exclusion to express this exclusion more explicitly. ENDORSEMENTS BROADENINGS IN COVERAGE NO CHANGES WERE MADE WHICH RESULTED IN A BROADENING OF COVERAGE. REDUCTIONS IN COVERAGE NO CHANGES WERE MADE WHICH RESULTED IN A BROADENING OF COVERAGE. OTHER CHANGES Artificially Generated Current Coverage Endorsement CM2603 This endorsement, which is applicable to the Physicians And Surgeons Equipment Coverage Form CM0026, is revised to incorporate terms that reflect current technology consistent with changes made to the exclusion of this peril in the coverage form. The title is similarly revised to "Artificially Generated Electric, Magnetic Or Electromagnetic Energy Coverage." Additionally Covered Property Endorsement CM9901 This endorsement, which is applicable to various Commercial Inland Marine Coverage Forms, is reformatted to more explicitly express that the Valuation provisions in the endorsement apply only to coverage of improvements and betterments. 7-1407 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 2 of 2 CENTRAL (io INSURANCE OFFICE POLICY COMPANIES COMMON DECLARATIONS Fulfilling the Promise Since 1876 CENTRAL MUTUAL INSURANCE COMPANY POLICYNUMBER: CLP 8371615 RENEWAL OF POLICY 8371615 NAMED INSURED AND MAILING ADDRESS AGENT 4201 (972)770-1600 NORTH AND EAST LUBBOCK MHBT INC COMMUNITY DEVELOPMENT 8144 WALNUT HILL LN STE 1600 CORPORATION DALLAS TX 75231-4337 PO BOX 3893 LUBBOCK TX 79452 POLICY PERIOD: FROM 11/11/2012 TO 11/11/2013 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: COMMUNITY DEVELOPMENT FORM OF BUSINESS: CORPORATION IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE 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: PREMIUM COMMERCIAL PROPERTY COVERAGE PART 5576.00 COMMERCIAL INLAND MARINE COVERAGE PART 5399.00 COMMERCIAL CRIME COVERAGE PART 5171.00 COMMERCIAL GENERAL LIABILITY COVERAGE PART 5165.00 THE ADVANCE PREMIUM DUE AT INCEPTION IS51,311.00 ----------------- THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. ---------------------------------------------------------------------------------- THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TO ALL COVERAGE PARTS AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. IL0017 11 98 IL0171 09 07 IL0275 09 07 IL0952 01 08 20-1769 08 91 20-1770 08 91 20-1900 09 92 COUNTERSIGNED BY DATE 10/08/2012 16 PRESIDENT SECRETARY THESE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH THE COVERAGE PART COVERAGE FORM(S), AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 20-1595 11 85 PAGE 001 of 001 (io.CENTAL NSU ARCE CENTRAL PREMIER PLUS COMPANIES INCLUDING EQUIPMENT BREAKDOWN COVERAGE Fulfilling the PromiseSince 1876 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS CENTRAL MUTUAL INSURANCE COMPANY POLICY NUMBER: CLP 8371615 POLICY PERIOD: FROM 11/11/2012 TO 11/11/2013 NAMED INSURED: NORTH AND EAST LUBBOCK THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. CP0010 06 07 CP0030 06 07 CP0090 07 88 CP0140 07 06 CP0142 01 11 CP1030 06 07 CP1032 08 08 CP9993 10 90 IL0415 04 98 14-2012 11 85 14-2660 04 02 14-3039 02 11 14-3049 02 11 14-3064 06 08 14-3250 07 08 14-3254 07 08 14-3268 01 09 14-3359 03 12 ---------------------------------------------------------------------------------- INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH A LIMIT OF INSURANCE IS SHOWN. PREMISES BLDG NO NO 01 01 1708 CRICKET AVE LUBBOCK TX 79401-0000 OCCUPANCY: COMMUNITY DEVELOPMENT DEDUCTIBLE: 811000 EACH OCCURRENCE COVERAGES LIMIT OF COINSURANCE COVERED CAUSES INSURANCE OR LIMITATION OF LOSS BUILDING NO COVERAGE YOUR PERSONAL PROPERTY 825,000 NONE SPECIAL FORM PERSONAL PROPERTY OTHERS NO COVERAGE BUSINESS INCOME ACTUAL LOSS SUSTAINED INCLUDING RENTAL VALUE OPTIONAL COVERAGES/LIMITATIONS/EXCLUSIONS PERIOD OF RESTORATION - 365 DAYS REPLACEMENT COST APPLIES TO YOUR PERSONAL PROPERTY ONLY. PROTECTIVE SAFEGUARDS SYMBOLS APPLICABLE: P-1 (SPRINKLER SYSTEM). PREMIER PLUS INCLUDING EQUIPMENT BREAKDOWN 8156 PREMIER PLUS SECTION I COVERAGE EXTENSION LIMIT: 850,000 EQUIPMENT BREAKDOWN DEDUCTIBLE: 81,000 EACH OCCURRENCE DATA COMPROMISE & IDENTITY RECOVERY 8150 DEDUCTIBLES: DATA COMPROMISE: RESPONSE EXPENSES: 81000 DEFENSE & LIABILITY: 81000 IDENTITY RECOVERY: 8250 PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT 84.00 ---------------------------------------------------------------------------------- THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS 8576.00 DATE 10/08/2012 16 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 14-2010 11 85 PAGE 001 of 001 AL INSURANCE COMMERCIAL INLAND MARINE COVERAGE PART COMPANIES DECLARATIONS Fulfilling the Promise Since 1876 CENTRAL MUTUAL INSURANCE COMPANY POLICY NUMBER: CLP 8371615 POLICY PERIOD: FROM 11/11/2012 TO 11/11/2013 NAMED INSURED: NORTH AND EAST LUBBOCK THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. CLO100 03 99 CL0273 01 01 CM0001 09 04 CM0112 01 11 IM2089 09 06 7-1235 11 85 7-1261 02 11 14-2162 05 12 ---------------------------------------------------------------------------------- INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH A LIMIT OF INSURANCE IS SHOWN. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY INDICATED ABOVE AGREES TO PROVIDE THE INSURANCE STATED IN THIS POLICY. ---------------------------------------------------------------------------------- PREMISES BLDG NO NO O1 01 1708 CRICKET AVE LUBBOCK TX 79401-0000 LIMIT OF COVERAGE INSURANCE DEDUCTIBLE COMPUTER COVERAGE 550,000 HARDWARE, INCL MECHANICAL BREAKDOWN DEDUCTIBLE FOR BASE COVERAGE IS *1,000 MECHANICAL BREAKDOWN 52,500 PREMIUM: INCLUDED PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT 53.00 ---------------------------------------------------------------------------------- THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS 5399.00 DATE 10/08/2012 16 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 7-1257 09 87 PAGE 001 of 001 (ioTRAL INSU ANCE COMMERCIAL CRIME COVERAGE PART .COMPANIES DECLARATIONS Fulfilling the Promise Since 1876 CENTRAL MUTUAL INSURANCE COMPANY POLICY NUMBER: CLP 8371615 POLICY PERIOD: FROM 11/11/2012 TO 11/11/2013 NAMED INSURED: NORTH AND EAST LUBBOCK THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. CR0021 05 06 8-1530 04 07 ---------------------------------------------------------------------------------- INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH A LIMIT OF INSURANCE IS SHOWN. EMPLOYEE THEFT COVERAGE -BLANKET PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT LIMIT OF DED INSURANCE AMT 5100,000 5500 51.00 ----------------------------------------------------------------------------------- THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS $171.00 CANCELLATION OF PRIOR INSURANCE ----------------------------------------------------------------------------------- BY ACCEPTANCE OF THIS POLICY YOU GIVE US NOTICE CANCELLING PRIOR POLICY OR BOND(S). THE CANCELLATION IS TO BE EFFECTIVE AT THE TIME THIS POLICY BECOMES EFFECTIVE. THE POLICY OR BOND NO(S), IF ANY, ARE SHOWN ON A SEPARATE SCHEDULE. ----------------------------------------------------------------------------------- DATE 10/08/2012 16 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 8-1573 09 87 PAGE 001 of 001 (iBCENTAL NSU ARCE COMMERCIAL GENERAL LIABILITY COVERAGE PART .COMPANIES DECLARATIONS Fulfilling the Promise Since 1876 CENTRAL MUTUAL INSURANCE COMPANY POLICY NUMBER: CLP 8371615 POLICY PERIOD: FROM 11/11/2012 TO 11/11/2013 NAMED INSURED: NORTH AND EAST LUBBOCK LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT 82,000,000 (OTHER THAN PRODUCTS/COMPLETED OPERATIONS) PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT 831000,000 PERSONAL AND ADVERTISING INJURY LIMIT EXCLUDED EACH OCCURRENCE LIMIT 81,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 8100,000 ANY ONE FIRE MEDICAL EXPENSE LIMIT 85,000 ANY ONE PERSON ---------------------------------------------------------------------------------- THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. CG0001 12 07 CGO068 05 09 CGO103 06 06 CG2138 11 85 CG2170 01 08 CG2186 12 04 CG2196 03 05 CG2244 07 98 CG2425 12 04 CG2639 12 07 CG3390 05 12 IL0021 09 08 IL0168 09 08 8-1529 10 01 8-1834 12 04 20-1934 11 07 ---------------------------------------------------------------------------------- PREMIUM BASES A - AREA EXPOSURE REPORTING BASES A - EACH C - TOTAL COST B - PER 1,000 M - ADMISSIONS P - PAYROLL S - GROSS SALES U - UNITS ---------------------------------------------------------------------------------- IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY INDICATED ABOVE AGREES TO PROVIDE THE INSURANCE STATED IN THIS POLICY. ---------------------------------------------------------------------------------- PREMISES NUMBER 01 1708 CRICKET AVE LUBBOCK TX 79401-0000 CLASSIFICATION CODE TERR PREMIUM NET ADVANCE NO BASES RATE PREMIUM PREMISES AND OPERATIONS OFFICES- OCCUPIED BY 61225 020 AB INSURED'S EMPLOYEES - NOT -FOR-PROFIT ONLY 800 107.323 8164TO=MP (CUSTOMERS SELDOM ON PREMISES) PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT 81 ---------------------------------------------------------------------------------- THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS 8165 8-1572 09 87 PAGE 001 of 002 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS, CONTINUED NAMED INSURED NORTH AND EAST LUBBOCK POLICY NUMBER CLP 8371615 THE FOLLOWING INFORMATION IS REQUIRED TO COMPLETE FORM CG2244 07 98 EXCLUSION - SERVICES FURNISHED BY HEALTH CARE PROVIDERS DESCRIPTION OF OPERATIONS: PER GL SCHEDULE ON POLICY THE FOLLOWING INFORMATION IS REQUIRED TO COMPLETE FORM CG2425 12 04 LIMITED FUNGI OR BACTERIA COVERAGE FUNGI AND BACTERIA LIABILITY AGGREGATE LIMIT - STATES OTHER THAN GEORGIA & NEW JERSEY: $25,000 AGGREGATE LIMIT GEORGIA: 5 50,000 AGGREGATE LIMIT NEW JERSEY: 5100,000 AGGREGATE LIMIT IF THERE ARE MULTIPLE STATES ON THE POLICY, THE AGGREGATE LIMIT FOR THIS POLICY IS EQUAL TO THE STATE WITH THE HIGHEST AGGREGATE LIMIT LISTED ABOVE. DATE 10/08/2012 16 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 8-1572 09 87 PAGE 002 of 002