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HomeMy WebLinkAboutTUP2025-03-13Letter 947 (Rev. 2-2020) Catalog Number 35152P Department of the Treasury Internal Revenue Service Tax Exempt and Government Entities P.O. Box 2508 Cincinnati, OH 45201 THE TOM AND SUSAN DURANT FOUNDATION INC PO BOX 1717 GRAPEVINE, TX 76099 Date: 01/05/2023 Employer ID number: 92-1074058 Person to contact: Name: Customer Service ID number: 31954 Telephone: 877-829-5500 Accounting period ending: December 31 Public charity status: 509(a)(2) Form 990 / 990-EZ / 990-N required: Yes Effective date of exemption: November 8, 2022 Contribution deductibility: Yes Addendum applies: No DLN: 26053756004532 Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Letter 947 (Rev. 2-2020) Catalog Number 35152P For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. We sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, Stephen A. Martin Director, Exempt Organizations Rulings and Agreements BOOKING AND LICENSE AGREEMENT This agreement made the _10th__ day of __March__, 2025. B E T W E E N : INTEGRATED PROPERTY SOLUTIONS, LLC As agent for: Grape Office, LLC (the “Owner”) (hereinafter referred to as the "Licensor") A N D Wine Fusion Winery, LLC (hereinafter referred to as the "Licensee") In consideration of the fee, covenants and agreements herein contained, the Licensor and the Licensee agree as follows: The Licensor hereby authorizes the Licensee to use specific areas (the "Premises") of Grapevine Office (the “Centre”) as indicated on the attached plan, on the date or dates (the “Term”) and at the times listed for the purpose described, subject to the following: Dates: April 12, 2025 Area: Schedule A Use: Charitable Event hosted in the main parking lot (approx. 20 pkg spaces) Cost: $0.00 1. The Licensee will supply all necessary equipment required in order to conduct its business. 2. The Licensee shall conduct its business in accordance with all applicable Government Regulations. 3. The Licensee shall conduct its business on the Premises in a manner acceptable to the Licensor in every aspect and any equipment used will be of a kind and type acceptable to the Licensor. 4. The Licensee shall take out and keep in force during the Term, comprehensive insurance of the type commonly called general public liability, wherein the Landlord and Integrated Property Solutions, LLC are all named additional insured, and which shall include coverage for personal liability, contractual liability, tenant’s legal liability, liquor liability, non-owned automobile liability, bodily injury, death, and property damage, all on an occurrence basis with respect to the business carried on, in, or from the Premises and the Licensee’s use and occupancy of the Premises and of any other part of the Centre, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000,000) [except coverage for non-owned automobile liability shall be One Million Dollars ($1,000,000)]. 5. The Licensee agrees that the Licensor shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to, the Licensee or its employees, invitees or Licensees or any other person in, on or about the Premises unless resulting from the act, omission or negligence of the Licensor or any agent, employee or contractor of Licensor, and in no event shall the Licensor be liable (unless caused in whole or in part by Licensor’s act, omission, or negligence): (i) for any damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Centre or from the pipes or plumbing works, including the sprinkler system, therein or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of sprinkler heads or for any damage caused by anything done or omitted by any tenant or person; (ii) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor services, security services, supervision of any other work in or about the Premises or the Centre; (iii) for loss or damage, howsoever caused, to merchandise, stock in trade, money, securities, negotiable instruments, papers or other valuables of the Licensee; or (iv) for any interruption of, or interference with, the Licensee's use and occupancy of the Premises which is beyond the reasonable control of the Licensor. 6. The Licensee agrees to indemnify and save harmless the Licensor in respect of: (i) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Licensee or any agent, employee, contractor, invitee or licensee with respect to the Premises of the Licensee, and in respect of all costs, expenses and liabilities incurred by the Licensor in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (ii) any loss, cost, expense or damage suffered or incurred by the Licensor arising from any breach by the Licensee of any of its covenants and obligations under this agreement; and (iii) all costs, expenses and reasonable legal fees that may be incurred or paid by the Licensor in enforcing against the Licensee the covenants, agreements and representations of the Licensee set out in this agreement. 7. The Licensee shall not under any circumstances assign this agreement to any other party. 8. It is understood and agreed that no tenancy is created by virtue of this license agreement and that the Licensor is not responsible for providing anything other than the Premises. 9. The Licensee shall be responsible for the cost of repair of any damage to property caused by reason of its use of the Premises or any other part of the Centre. The Licensee shall not affix anything to the walls or ceilings, doors landscaped areas, sidewalk or parking lot of the Centre without express written permission of the Licensor. The Licensee is responsible for all repairs to the asphalt and other areas if damaged. 10. The Licensor reserves the right to cancel this booking and license agreement at its sole discretion at any time with ten (10) days prior notice. IN WITNESS WHEREOF the parties hereto have executed this Booking and License Agreement. INTEGRATED PROPERTY SOLUTIONS, LLC As agent for: Grape Office, LLC (the “Owner”) per:________________________ Name: Melissa Glider Title: Director of Property Management Signature (Licensor) Wine Fusion Winery, LLC per: _ Name: Nicholas Kaufman Title: Owner Signature (Licensee) Schedule A BOOKING AND LICENSE AGREEMENT This agreement made the _10th__ day of __March__, 2025. B E T W E E N : INTEGRATED PROPERTY SOLUTIONS, LLC As agent for: Grape Office, LLC (the “Owner”) (hereinafter referred to as the "Licensor") A N D Wine Fusion Winery, LLC (hereinafter referred to as the "Licensee") In consideration of the fee, covenants and agreements herein contained, the Licensor and the Licensee agree as follows: The Licensor hereby authorizes the Licensee to use specific areas (the "Premises") of Grapevine Office (the “Centre”) as indicated on the attached plan, on the date or dates (the “Term”) and at the times listed for the purpose described, subject to the following: Dates: April 12, 2025 Area: Schedule A Use: Charitable Event hosted in the main parking lot (approx. 20 pkg spaces) Cost: $0.00 1. The Licensee will supply all necessary equipment required in order to conduct its business. 2. The Licensee shall conduct its business in accordance with all applicable Government Regulations. 3. The Licensee shall conduct its business on the Premises in a manner acceptable to the Licensor in every aspect and any equipment used will be of a kind and type acceptable to the Licensor. 4. The Licensee shall take out and keep in force during the Term, comprehensive insurance of the type commonly called general public liability, wherein the Landlord and Integrated Property Solutions, LLC are all named additional insured, and which shall include coverage for personal liability, contractual liability, tenant’s legal liability, liquor liability, non-owned automobile liability, bodily injury, death, and property damage, all on an occurrence basis with respect to the business carried on, in, or from the Premises and the Licensee’s use and occupancy of the Premises and of any other part of the Centre, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000,000) [except coverage for non-owned automobile liability shall be One Million Dollars ($1,000,000)]. 5. The Licensee agrees that the Licensor shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to, the Licensee or its employees, invitees or Licensees or any other person in, on or about the Premises unless resulting from the act, omission or negligence of the Licensor or any agent, employee or contractor of Licensor, and in no event shall the Licensor be liable (unless caused in whole or in part by Licensor’s act, omission, or negligence): (i) for any damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Centre or from the pipes or plumbing works, including the sprinkler system, therein or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of sprinkler heads or for any damage caused by anything done or omitted by any tenant or person; (ii) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor services, security services, supervision of any other work in or about the Premises or the Centre; (iii) for loss or damage, howsoever caused, to merchandise, stock in trade, money, securities, negotiable instruments, papers or other valuables of the Licensee; or (iv) for any interruption of, or interference with, the Licensee's use and occupancy of the Premises which is beyond the reasonable control of the Licensor. 6. The Licensee agrees to indemnify and save harmless the Licensor in respect of: (i) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Licensee or any agent, employee, contractor, invitee or licensee with respect to the Premises of the Licensee, and in respect of all costs, expenses and liabilities incurred by the Licensor in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (ii) any loss, cost, expense or damage suffered or incurred by the Licensor arising from any breach by the Licensee of any of its covenants and obligations under this agreement; and (iii) all costs, expenses and reasonable legal fees that may be incurred or paid by the Licensor in enforcing against the Licensee the covenants, agreements and representations of the Licensee set out in this agreement. 7. The Licensee shall not under any circumstances assign this agreement to any other party. 8. It is understood and agreed that no tenancy is created by virtue of this license agreement and that the Licensor is not responsible for providing anything other than the Premises. 9. The Licensee shall be responsible for the cost of repair of any damage to property caused by reason of its use of the Premises or any other part of the Centre. The Licensee shall not affix anything to the walls or ceilings, doors landscaped areas, sidewalk or parking lot of the Centre without express written permission of the Licensor. The Licensee is responsible for all repairs to the asphalt and other areas if damaged. 10. The Licensor reserves the right to cancel this booking and license agreement at its sole discretion at any time with ten (10) days prior notice. IN WITNESS WHEREOF the parties hereto have executed this Booking and License Agreement. INTEGRATED PROPERTY SOLUTIONS, LLC As agent for: Grape Office, LLC (the “Owner”) per:________________________ Name: Melissa Glider Title: Director of Property Management Signature (Licensor) Wine Fusion Winery, LLC per: _ Name: Nicholas Kaufman Title: Owner Signature (Licensee) Schedule A A Any Auto Included in Garage A PROD / CUSTOMER ID: LOC LOC LOC OTC LOC $ $ AUTO ONLY (Ea accident) $AGGREGATE ONLY HIRED AUTOS AUTOS USED IN GARAGE BUSINESS NON-OWNED AUTOS JECT COLLISION EXCESS PERILSSPECIFIED PRIMARY COMP / DIRECT BASIS LEGAL LIABILITY GARAGE KEEPERS LIABILITY $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-LOC N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) REMARKS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $ OTHER THAN AUTO ONLY $EA ACCIDENT GARAGE LIABILITY ALL OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER Risk Services (A/C, No, Ext):PHONE INSURED REVISION #:CERTIFICATE #:COVERAGES The ACORD name and logo are registered marks of ACORD IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF GARAGE INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 30 (2010/12) © 2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER 866-955-6665 @ally.com A REMARKS (Attach ACORD 101, Additional Remarks Schedule, if more space is required)