HomeMy WebLinkAboutC2025-017 - 2/18/2025 - Approved •
REVOCABLE EASEMENT
(City of Mathis)
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That, the City of Corpus Christi, a Texas home-rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its
duly authorized City Manager, or designee, ( City Manager") in consideration of the sum
of Ten Dollars ($10.00) to it in hand paid by CITY OF MATHIS, TEXAS, whose address
is 411 E. San Patricio Avenue Mathis, TX 78368, ("Grantee"), the receipt of which is
acknowledged, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said CITY
OF MATHIS, the right to relocate, install, operate, repair, replace, and maintain up to one
emergency generator not to exceed 19'-6" x 18'-7" and other improvements as described
on the attached Exhibit A to be placed as shown on the Revocable Easement Area as
described on the attached Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as shown on the attached and
incorporated Exhibit "A and B", for the purpose of relocating, installing, operating,
repairing, replacing, and maintaining said Improvements under the following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home-rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or designee.
d) Director means City's Director of Engineering Services or designee.
e) Risk Manager means City's Director of Risk Management or designee.
f) City Attorney means City's City Attorney or designee.
g) Grantee means City of Mathis, Texas.
h) Improvements means one 150 kw emergency generator on foundation
slab of 19'6" x 18'7", together with security fencing, all within City property
and other improvements as described on attached and incorporated Exhibit
A.
i) Contractor means Grantee's agent to construct, maintain, replace,
Revocable Easement
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SCANNED
repair, or remove the Improvements.
j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing
the locations where the Improvements enter or cross City property. A more
definitive location description will be furnished upon completion of the
construction.
k) City Utilities means the City's Water, Wastewater, Storm Water and Gas
divisions.
I) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1) prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative, and the Stormwater Representative is the
respective name for each division's authorized representative as set out
above, and collectively called the Utilities Representative.
n ) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2-feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
o) City Inspector means that person acting on behalf of the City inspecting
the relocation, installation, operation, repair, replacement, and maintenance
of the Improvements.
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced, and
maintained as described on attached and incorporated Exhibit B. The
parties acknowledge that the Revocable Easement Area cannot be located
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below the 94' contour of Lake Corpus Christi.
2. Construction Standards. All work proposed by Grantee to install, repair,
operate, maintain or replace the improvements will equal or exceed manufacturer
specifications and industry standards for same or similar equipment.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies.
4. Generator Security Fencing and Noise Decibel Limitation. The City of
Mathis agrees to install and maintain permanent security fencing around the generator
for public safety. The City of Mathis agrees to install and maintain muffled insulation on
the generator to prevent unnecessary disturbance of the visitors to the Sunrise Beach
area and noise suppression equipment to reduce the sound to 70 decibels or below. The
generator will have an overflow or emergency spill catch basis (containment tank). Extra
fuel may not be stored on site. In addition, generator should only be exercised once a
week at approximately 2:30 p.m. and run for minimum amount of time so as not to disturb
visitors at the Sunrise Beach RV Park. The parties acknowledge that the generator
cannot be located below the 94' contour of Lake Corpus Christi.
5. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of the
terms of this Agreement, or applicable State or Federal laws or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
of such notice to commence to cure the stated violations, within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations, this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
6. Improvements Markers. Grantee will place markers at the Improvement
bearing Grantee's name and emergency telephone number.
7. Assignability. This Revocable Easement, and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person, firm, corporation, partnership, or other entity, with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
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City of Mathis
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Grantor's consent to the assignment.
8. Construction Drawings &As-Builts. Grantee must provide Director with a
set of final construction plans for all work proposed for the Improvements located within
the Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water - 60" TimeWarner - 12" KMC - 12"
Wastewater - 18" SWB - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12"
Storm Water - 18" ESPIRE - 12" Caprock - 12"
The Grantee must provide the Director with a 24"x36" size reproducible set of as-built
drawings of the Improvements within 60 days after completion of construction; failure to
do so may result in termination of Grantee's Revocable Easement.
9. Insurance. The Grantee must not commence work within the Easement
area until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
of required insurance coverage is specified in the attached and incorporated Exhibit C.
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed, the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity requirements of this Agreement. Such policies of insurance must include the
City as an additional insured with respect to any liability arising out of the Grantee's and
its Contractor's use or maintenance of the Improvements in the Revocable Easement
Area. The insurance policies specified must include an endorsement stating that the
insurance company(ies) must give the Director 30 days written notice by certified mail,
before any policy covered thereby is canceled, not renewed, or materially changed.
Copies of all insurance policies from Grantee and Contractor must be provided to City
Attorney within 30 days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
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incident-relating to the Improvements or Grantee's operations hereunder-occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attorney
General for a determination whether the records are "Public Records" under the Texas
Public Information Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
10. Indemnity. To the extent permitted by law, Grantee must fully
indemnify the City of Corpus Christi, its officers, employees and agents
("Indemnitees") against any and all liability, damage, loss claims, demands, and
actions of any nature whatsoever on account of personal injuries (including
without limitation, workers; compensation and death claims), or property loss or
damage of any kind, or any other kind of damage which arise or are claimed to arise
out of or in connection with the Grantee's or Grantee officers', agents', and
employees' ("Grantee's Agents") and/or Grantee's contractors' negligent acts or
omissions or acts of intentional or willful misconduct in their respective installing
or marking of the Improvements or other construction, operation, maintenance,
repair, control, or use of the Improvements or the Revocable Easement Area,
including but not limited to, those damages arising out of Indemnitees' intentional
or negligent acts in cutting or causing damage to the Improvements during
installation, repair, replacement, maintenance, or operation of City utilities located
in or adjacent to the Revocable Easement Area; and including but not limited to
those damages arising out of the Grantee's or Grantee's Agents' intentional or
negligent acts in cutting or causing to be cut City utility lines during Grantee's or
Grantee's Agents' of Grantee's contractors' use of the Revocable Easement Area.
This provision shall continue so long as Grantee's Improvements are located on
City property.
11. Repairs to City's Improvements or Franchisees' Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street, sanitary sewer, storm water, gas, drainage facility, or to a Franchisees' Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
12. Abandonment of Improvements. Grantee may leave abandoned
Improvements in place unless the Director requires the Grantee to remove the abandoned
Improvements to facilitate city operations or protect the public safety. Upon notice from
the Director, Grantee shall promptly remove the specified abandoned Improvement. If a
Grantee abandons Improvements, the Grantee remains responsible for the safe condition
of the Improvements. The City will not assume ownership or control over the abandoned
Improvements, and the City assumes no responsibility for their maintenance and safety,
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City of Mathis
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unless the City in writing accepts a particular facility. If Grantee removes any
Improvements, the Grantee shall restore the City property, at the sole cost of the Grantee.
13. General Conditions.
a) Recordation. Grantee will record the Revocable Easement at the Office
of the County Clerk, San Patricio County Courthouse, and Grantee will
provide a recorded copy to Grantor.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
Contractor must notify the Utility Representatives to verify depths and
locations before beginning construction or repair work. The Utility
Representatives, the Street Superintendent, and the Franchisee's
Representatives may have a representative present during Grantee's
construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director if the Grantee will provide the Director or "Designee" sufficient
and satisfactory soil analysis information to support the wet bore.
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it) Open-Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub-base, and replace with new concrete
or asphalt. The pavement repair must consist of 5-inches of compacted
Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e.,
3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement
must extend over the existing base for a width of 12-inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC-
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline, such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand, with a minimum of 8-inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
transmission main (16" diameter and above), the Contractor will uncover
the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3-foot vertical separation; however Grantee must maintain a twelve (12)foot
vertical and 5-foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City constructions standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City costs (labor and equipment) associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice. The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
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If Contractor's work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area, including without limitation work around any existing Water
main, City Inspector retains the right to and may exercise such right to
inspect the construction, maintenance, repair, replacement or relocation of
said Improvements. Grantee shall not be charged for such inspections.
f) Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements, Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing, operating, repairing, and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave overnight
any equipment or material on City property except as provided for in
separate Memorandum of Understanding and Temporary License between
the parties. Grantee's equipment or stock pile of material on private
property, temporary construction easement or on City right-of-way during
the day, must not obstruct the vision of vehicles or pedestrians for 500 feet
either direction from a street intersection or driveways onto a street.
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i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal, tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required, the number, location, and frequency of testing. All testing is at the
Contractor's expense.
k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
1) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as-built drawing required by Section 10, to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal, state, and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes.
It is mutually understood and agreed that this Agreement, in addition to the
separate Temporary License and Memorandum of Understanding, as written, cover all
covenants, agreements, and stipulations between the parties and that no representations
or statements, written or oral, have been made modifying, adding to, or changing the
terms hereof, and that any party securing this conveyance on behalf of Grantee is without
authority to make representation, stipulation, covenant or agreement not herein
expressed.
Revocable Easement
City of Mathis
9
Executed this the a_S day of ' (\k , 2024
GRANTOR
ATTEST: THE CITY OF C U RISTI
1)\4e,e, By:
City Secretary J H. Edmonds, P.E.
Director of Engineering Services
APPROVED S TO LEGAL FORM:
9-0 day of F- ( '->1 L 2024 AUTHORIZED
BY COUNCIL
By: ( �.t l _ ,. !a W6 6
7 Assistant City Attdrey SECRETARY
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on - - • Z l , 2026by Jeff
H. Edmonds, P.E., Director of Engineering Services, of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
40 *"' Bobby C. Harraid Jr /
ki Commission ExpirJr I 41(
0 12/10/2026
4 Notary ID 8000753 f Notary 1u4tate of T-
Revocable Easement
City of Mathis
10
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted, and Grantee agrees to
keep and perform the conditions imposed by the Revocable Easement.
City of Mathis
By:
Name: r A Sr.
Title: (l, .7Ly
/Va,ha5 er
THE STATE OF -rPXa 5 §
COUNTY OFSn Alf i c:c §
This instrument was acknowledged before me this ! day of 9ch i f r
2024, by 0e4r, C k/ �at v;_s Sr as (2,--iy /144 V1 a 5 r r
of City of Mathis, Texas who declared that they executed the same for the purposes
therein stated and with proper authority to do so.
4,..._,,paitkv,,,
otary Public, State of Texa&_
1 tV°Le ROXANNE R RAMIREZ
= `No Notary ID*131323361
,y���,t My Commission Expires
1.or ' November 2,2025
Revocable Easement
City of Mathis
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•
EXHIBIT A
[Final description of Improvements to be installed]
New 150 kw emergency generator
Security Fencing
Generator Foundation Slab 19'6" x 18'7"
Foundation for the generator approximately 3A' depth
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EXHIBIT B
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i ille APPROXIMATE PROPOSED LOCATION Of ►
FUTURE GENERATOR
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OF THE CONCRETE PIER
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City of Mathis
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EXHIBIT C
INSURANCE REQUIREMENTS
I. GRANTEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish to the City's Risk Manager and Director of Development Services,
two (2)copies of Certificates of Insurance with applicable policy endorsements, showing
the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured for the General Liability and
Auto Liability policies and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises— Operations
3. Underground Hazard(if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/ Advertising Injury
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
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AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
POLLUTION LEGAL LIABILITY $5,000,000 Per Claim
including; $5,000,000 Aggregate
Third Party Remediation
WORKERS' COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act And Paragraph Ii Of
Domiciled in Texas This Exhibit
EMPLOYERS' LIABILITY $500,000/$500,000/$500,000
C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers'compensation obligations
incurred will be promptly met. An "All States" endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change.Grantee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3980
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D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers'
compensation and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City. City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract.Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required,the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Revocable Easement
City of Mathis
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