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HomeMy WebLinkAboutC2006-568 - 12/19/2006 - ApprovedUSE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of Two Thousand Three Hundred and Thirty Eight Dollars ($2,338) to be paid by the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, ( "Owner"), of 7433 Leopard Street, Corpus Christi, Texas 78409, the receipt of which is acknowledged, hereby grants, upon the conditions hereinafter stated, unto said Owner, a use privilege for the right to install, operate, repair, replace and maintain a private 2 -inch PVC force main approximately 2,188 feet along the south side of the Leopard Street public right -of -way from 7433 Leopard Street located just east of the Southern Minerals Road right -of -way, westbound to an existing City manhole; within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit 1. TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right -of -way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Owner's compliance with the following conditions: A. This Use Privilege Agreement (Agreement) may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee (City Manager). B. OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, (INDEMN#TEES) AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT -OF -WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES Use Privilege Aareemant 2006 -568 12/19/06 Ord027090 Contractors Safety Council Page 1 of 6 OR ANY OF THEM. OWNER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. C Owner must acquire and maintain commercial general liability insurance pertaining to the Use Privilege Improvements and the activities related to the Use Privilege Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit 2. The General Liability policy must name the City as Additional Insured. Upon City Manager's written request, Owner shall provide copies of all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or materially changed without 30 days advance written notice to the City's Director of Development Services, or designee ( "Asst. Director of Special Services Engineer"). D Owner's use of the Use Privilege Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently ', ocated in said rights -of -way) needs access to the rights -of -way, Owner must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. E Owner must not dose or barricade a public street, or any portion of the public street, to install, repair, or maintain the Use Privilege Improvements until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F Owner must pay to maintain or repair the Use Privilege Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement immediately. G. Owner must comply with all applicable Federal, State, and local laws and regulations, as may be amended. H Owner must not assign this Agreement without City's prior written consent. I. Owner must submit a set of construction drawings to the Asst. Director of Special Services Engineer for all work proposed for the Improvements located within the City of Corpus Christi and its extraterritorial jurisdiction, one month prior to the start of Use Privilege Agreement Contracbrs Safety Council Page 2 of 6 construction. The plans will tie the centerline of the proposed Improvements to the centerline of the Use Privilege Improvement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Owner must provide the Asst. Director of Special Services Engineer with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within all affected City right -of -way crossings. The Owner is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below. Water - 18" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande (ClearSource) - 12" Storm water - 18" Expedius - 12" Caprock - 12" Owner must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 12- inches from existing ground or roadway pavement, as shown on Exhibit 1. The Owner must provide the Asst. Director of Special Services Engineer with a 24 "x 36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Owner's Use Privilege Agreement being forfeited by the City. J. Owner at least 48 hours prior to beginning work, must give notice and verify depth and location of all existing City Water, Wastewater, Gas, AEP, SBC, TimeWarner, and Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK, communication fiber optic cables. Owner must also call the 1- 800 - DIG -TESS, Lone Star Notification Center (1- 800 - 669 - 8344), and SBC (1 -800- 828 -5127) for locations of existing utilities at least 48 hours prior to the start of construction. A City Inspector may request a utility line be uncovered to verify its depth or location. K. Owner must properly compact backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. L. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). M. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $301.31 for each day spent inspecting construction, Use Privilege Agreement Contractors Safety Council Page 3 of 6 maintenance, repair, replacement or relocation of the Use Privilege Improvements pursuant hereto. A half -day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $56.49 an hour. Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. N. Owner must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. O. Damage to driveways, curb & gutters, culverts, head walls and any other structure, public or private, must be repaired by the Owner at his expense within 30 days after being notified of damage to same. P. Owner will be responsible for any damage to all existing City and private utilities within the construction areas. Q. Owner must not store or leave any equipment or material in City right -of -way overnight. R. Owner must notify Street Superintendent (361- 857 -1940) 24 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. S The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. T If this Agreement terminates for any reason, then Owner shall remove all obstructions and encroachments from the right -of -way within 60 days of termination. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. Use Privtege Agreement Contractors Safety Council Page 4 of 6 IN TESTIMONY WH the of .Co pu Christi has caused these presents to be executed on this the „"(? `day of a� c 2006. ATTEST City Secretary APPROVED: "N day of y ; t , , 2006 CITY OF RPUS CHRISTI By: By: t Ga W. Smith, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § G rg& . Noe, City Manager AU K�c�► 6; COUNCIL . ' .. C U ci SFCRETA This instrument was acknowledged before me on YID-& r 12006, by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Use Privilege Agreement Contractors Safety Council L)AJx Pa��v Notary Public, State of Texas Page 5 of 6 IPUL Connie Parks i a My Commission Expires 90 4° November 09, 2007 The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the 1571j day of PkCt 4a. , 2006, by ('ot38`f (24.4 cgvt-L,c-ft of Contractors Safety Council of the Coastal Bend, Inc., the Owner herein, and Owner agrees to keep and perform the conditions imposed by said Agreement and Contractors Safety Council of the Coastal Bend, Inc. , is bound by all of the terms of the same. THE STATE OF TEXAS § COUNTY OF NUECES § Contract By: / f- Col}gcil of Caastal Bend, Inc. -ice rr� Name: RoP,B'r Rqi cuvEUet Title: (4491-10,41,- J :vet This instrument was acknowledged before me on DcicL -8rt 15 , 2006, by go girl C144ELIe't of the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, on behalf of said corporation. MOLES F. BAISH 111 Wows Public, State of Texas My Commission Expires February 14, 2010 Notary Public, tate of Tear- Printed Name: C (- F.4.CCtr c 'A; r i.. f �= Expiration Date: r4A,4(.1 i`r 2-0 to Attachments: Exhibit 1 - Project Location /Plan and Profile Exhibit 2 - Insurance Requirements Use Privilege Agreement Contractors Safety Council Page 6 of 6 The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the day of , 2006, by of Contractors Safety Council of the Coastal Bend, Inc., the Owner herein, and Owner agrees to keep and perform the conditions imposed by said Agreement and Contractors Safety Council of the Coastal Bend, Inc., is bound by all of the terms of the same. Contractors Safety Council of the Coastal Bend, Inc. By: Name: Title: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2006, by of the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: Expiration Date: Attachments: Exhibit 1 — Project Location /Plan and Profile Exhibit 2 — Insurance Requirements Use Privilege Agreement Contracbrs Safety Council Page 6 of 6 CITY of CORPUS CHRISTI D.wspowntsees Dopetramt CITY COUNCIL EXHIBIT DEVELOPMENT SERVCES DEPARTMENT PROJECT LOCATION MAP CONTRACTOR'S SAFETY COUNCIL 7433 LEOPARD STREET EXHIBIT 1 Page 1 of 6 � M M ©5 +b (£ 'v CHS L 3 3 :S) f d _ 1 , , rM 'N ri , , I I . 1 +00 -- 2 +00 3 +00 E _ - _ NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING A .A :i le FiI!IIIJ%tI_ 1. r n Fri- o Nos, ,..AA......t.A..A��� .SL- IN i 8 ‘ mm s i II v. 1 a 2 r r� • (b 133HS 33S 00 +6 'Y1S 3NI1 HO1YW a, 0 11.0.1.0 -,091 b LEOPARD ST. (t 133HS 33S) 05 +$ 'VAS 3NI1 H3.LWI • 1f J 0 W 0 _ SO J ng !4si Lea 8 Wl0Z J � 8 0 g elo • (5 133HS 33S) 09+£6 'ViS 3N11 HOIVW E •I a (£ L33HS 33S) 00+6 'YLS 3NI1 HO1VW NM MI NM I ME I i 11 11 1110111 1 .I 1 0 ft; abqz ,poi 4r4) y 52n e ps8 0 V ON' doh ti (9 133HS 33S) 00 +81. 'V1S 3NI1 HO1VW LEOPARD ST, (i 133HS 33S) 09 +0 'V1S 3N11 H3111W MEN. MOM I MI 1 0 3 0 O O O 0 m W n. 0 m 4117 leo 0 s x a 0 rti c Y I I g• �� t —— = — — c. d n t • rem i t 19 +00 _ 20 +00 21 +00 1 1 L T NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING a e • fir . ... 111/ II I I ..,„ .0_,, 1 18 +00 Seals i••a vs. __. 1 (G J.331-1S 00+ V' 1 335) 3 NIl H1ltlW EXHIBIT 2 INSURANCE REQUIREMENTS I. PERNIITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including 1. Commercial Form 2. Premises – Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY — OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. EXHIBIT 2 Page 1 of 2 11. ADDITIONAL REQUIREMENTS A Permittee 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. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. ▪ The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required on all policies. C If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)- (7) are included or excluded EXHIBIT 2 Page 2 of 2 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of Two Thousand Three Hundred and Thirty Eight Dollars ($2,338) to be paid by the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, ( "Owner "), of 7433 Leopard Street, Corpus Christi, Texas 78409, the receipt of which is acknowledged, hereby grants, upon the conditions hereinafter stated, unto said Owner, a use privilege for the right to install, operate, repair, replace and maintain a private 2 -inch PVC force main approximately 2,188 feet along the south side of the Leopard Street public right -of -way from 7433 Leopard Street located just east of the Southern Minerals Road right -of -way, westbound to an existing City manhole: within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit 1 TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right -of -way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Owner's compliance with the following conditions A This Use Privilege Agreement (Agreement) may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee (City Manager). B. OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS 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 ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT -OF -WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES Use Privilege Agreement 2006 -0568 12/19/06 Ord027090 Contractors SafetF t,ouncil Page 1 of 6 OR ANY OF THEM. OWNER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. C Owner must acquire and maintain commercial general liability insurance pertaining to the Use Privilege Improvements and the activities related to the Use Privilege Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit 2. The General Liability policy must name the City as Additional Insured. Upon City Manager's written request, Owner shall provide copies of all insurance policies to the City Attorney Such policies may not be canceled, renewed, or materially changed without 30 days advance written notice to the City's Director of Development Services. or designee ( "Asst. Director of Special Services Engineer "). D Owner's use of the Use Privilege Improvements must not interfere with City's construction, operation. repair, replacement or maintenance of any existing or future proposed sidewalks, utility lines. or other uses. If City (or any other franchisee with utilities currently located in said rights -of -way) needs access to the rights -of -way, Owner must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. E Owner must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain the Use Privilege Improvements until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F Owner must pay to maintain or repair the Use Privilege Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement Immediately. G Owner must comply with all applicable Federal, State, and local laws and regulations, as may be amended. H Owner must not assign this Agreement without City's prior written consent. 1. Owner must submit a set of construction drawings to the Asst. Director of Special Services Engineer for all work proposed for the Improvements located within the City of Corpus Christi and its extraterritorial jurisdiction, one month prior to the start of Use Privjiege Agreement Contractors Safety Council Page 2 of 6 construction. The plans will tie the centerline of the proposed Improvements to the centerline of the Use Privilege Improvement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Owner must provide the Asst. Director of Special Services Engineer with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within all affected City right -of -way crossings. The Owner is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below Water - 18 " TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande (ClearSource) - 12" Storm water - 18" Expedius - 12" Caprock - 12" Owner must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 12- inches from existing ground or roadway pavement, as shown on Exhibit 1. The Owner must provide the Asst. Director of Special Services Engineer with a 24 "x 36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Owner's Use Privilege Agreement being forfeited by the City. Owner at least 48 hours prior to beginning work, must give notice and verify depth and location of all existing City Water, Wastewater, Gas, AEP, SBC, TimeWarner, and Grande Communications lines. as well as Expedius, KMC, CSW, and CAPROCK, communication fiber optic cables. Owner must also call the 1- 800 - DIG -TESS, Lone Star Notification Center (1- 800 - 669- 8344), and SBC (1 -800- 828 -5127) for locations of existing utilities at least 48 hours prior to the start of construction. A City Inspector may request a utility line be uncovered to verify its depth or location. K. Owner must properly compact backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. L If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s. M. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $301.31 for each day spent inspecting construction, Use Privilege Agreement Contractors Safety Council Page 3 of 6 maintenance, repair. replacement or relocation of the Use Privilege Improvements pursuant hereto. A half -day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays. must be calculated at a daily rate of $56.49 an hour. Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase N Owner must take every precaution not to disturb the soil surrounding any existing water or wastewater line. including all thrust blocks. 0 Damage to driveways, curb & gutters, culverts, head walls and any other structure, public or private, must be repaired by the Owner at his expense within 30 days after being notified of damage to same. P Owner will be responsible for any damage to all existing City and private utilities within the construction areas. Q Owner must not store or leave any equipment or material in City right -of -way overnight R. Owner must notify Street Superintendent (361- 857 -1940) 24 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. S The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. T. If this Agreement terminates for any reason, then Owner shall remove all obstructions and encroachments from the right -of -way within 60 days of termination. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. Use Privilege Agreement Contractors Safety Council Page 4 of 6 IN TESTIMONY WH the Qof Corpus Christi has caused these presents to be executed on this the ` day of '`. tAi 2. ,,--". , 200e.7 ATTEST City Secretary CITY OF CORPUS CHRISTI By APPROVED: rh day of ,200$7 By: r ; 'u ,L. )11{/L Gary AO Smith, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § e K. Noe, City Manager QUL 02,,, x... AU ! tittkit.•_, This instrument was acknowledged before me on by George K. Noe, City Manager of the City of Corp Corporation, on behalf of said corporation. Use Privilege Agreement Contractors Safety Council ;hristi, a T SECRETAt , 200,/ s Municipal Public, State of Texas Page 5 of 6 Pr PV C ! Connie ie 'arks a M. t.o�1,r osion Ex. re.s (�F. .'.00 ply The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the 15 day of f cc L-wr'; & 2006, by (-409,61 kV 1-4 v« r cpt of Contractors Safety Council of the Coastal Bend, Inc., the Owner herein, and Owner agrees to keep and perform the conditions imposed by said Agreement and Contractors Safety Council of the Coastal Bend, Inc , is bound by all of the terms of the same. Contractbm-Saf C ci stal Bend, Inc. Name: ' -t Rqy cuvfz, Title: (,uR'iar %/0,0 LvAl THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on l:c , 2006, by }e 8h- L'rk-R of the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, on behalf of said corporation. f�F CHARLES F. BAISH III Notary Public, State of Texas My Commission Expires February 14, 2010 s 1 Notary Public, tate of Texa Printed Name: c ( A&u r r. BA; s {, i Expiration Date: F ctic ,(4.ci 14, 2-6to Attachments: Exhibit 1 — Project Location /Plan and Profile Exhibit 2 — Insurance Requirements Use Privilege Agreement Contractors Safety Council Page 6 of 6 CITY of CORPUS elAto• CHRISTI Den loomed Salvias DWI. Mont CITY COUNCIL EXHMIT DEVELOPMENT SERVCES DEPARTMENT PROJECT LOCATION MAP CONTRACTOR'S SAFETY COUNCIL 7433 LEOPARD STREET EXHIBIT 1 P of 6 (£ 133HS 33S; 094 'V.S 3Nn HOJ.YbI I -t; ' ' ' 1 1 1Ii imam 11111111111 MN MO AMU MUM IMMO 1 Et M EN -*.o. o-,ot 3 Eh is I 11 ug Or 33HS 33S) 00+8 v1S 3NI1 H010W (a 133Hs 33S) 09.1? Y1S 3NIi Hawn (b naHS 33S) 'vim 3M1 H0,.v'v (ti39145 3 S) 09+v Y1S 3*1 MN G F • m r v h 0 1 i w� (S 133HS 33S) O9+g t V.LS 3N(l HO LWI p2 i ZQ N2 W 7 5 111'011 .-„0111. ig g Lk WI l (� 1.1316 33s) 01}+8 1i►1l 3N111.01141 An ECHE VIM NNW NM= 111 MOMS 8 8 Pormormil • I 4 (9 133HS 33s) 00+91 'V1S 3NI1 Ha1VW 13316 33s) OI KI 1f1S 31W I HOIVPI 1 t 1 0 6 6 6 (S 133HS Ms) 00+66 'V1! 3Nr1 H3111w 1 a 11 1 o EXHIBIT 2 INSURANCE REQUIREMENTS PEITTEE'S LIABILITY INSURANCE A Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - renewal, material change or termnnation is required on all ceetlficates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1 Commercial Form 2 Premises - Operations 3. Underground Hazard 4 Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7, Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must fumish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. EXHIBIT 2 Page 1 of 2 II. ADDITIONAL REQUIREMENTS A. Permittee 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. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required on all policies. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)- (7) are included or excluded. EXHIBIT 2 Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR CM PROGR -4 PRODUCER Swanther & Gordor Ins A <:4_y - P 0 Box 873 Corpus Christi "Y. 7840 1 - ): 7:; Phone 361- -883 -17:1 Fax:361- 844 -0101 INSURED Progressive Structures, Inc P.O. Box 270713 Corpus Christi TX 78427 -0713 DATE (MM/DD/YYYY) 09/14/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # VSURER A American Caa. Co. of Reading VSURER B. Transportation Insurance Co. VSURER C. Landmark Insurance Company (VSURER D. Continental Casualty Company 20494 INSURER E Great American Insurance Co. COVERAGES 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 AL:. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INISH LTR ADD 'L NW D TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDM') LIMITS GENERAL LIABILFT, EACH OCCURRENCE $1,000,000 A T ' 2074578244 09/11/06 09/11/07 '. 0:::. 1. ',,, ,AIMS MAD' ' X _ GEN`. AGGREGATE _IMIT APPLIES 1,E—( POLICY X jr EC >L UAMAGt IL) HEN I tU PREMISES (Ea occurence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 AUTOMOBILE LIABIL IT, B X ANN AJ 2074578194 09/11/06 09/11/07 ALL :)WNED A, r: — SCHEDULED A Ti ;r, : X :HIRED AJTOS X NON -OWNED A ?T' s COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 r r BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY Au''^ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS /UMBRELLA LIABILITY C X OCCUR CLAIMSMADE LHN036542 09/11/06 09/11/07 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 JEDUCTBLE X RETENTION $ 10 000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2081332059 09/11/06 09/11/07 D ANY PROPRIETOR/PARTNER/E.XECUTVF OFFICERJMEMBEREXCLU ^EC'' It yes oescribe under SPECIAL PROVISIONS emu, '� X TORY SLIM TS ER E EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER E Builders Risk IMP6003462 09/11/06 ■ 09/11/07 j Each Bldg $2,000,000 Per Occ $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project Name: New Multipurpose Facility for Contractors Safety Council of the Coastal Bend Please see attached NOTEPAD for additional wording. C CICC -11 City of Corpus Christi Development Services Attn: G M Medina, Engnr AS S t 2406 Leopard, Suite 100 Corpus Christi TX 78408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ORQEDRE� EXHIBIT 2 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. EXHIBIT 2 ACORD 25 (2001108) Add onai Tnsured as required by written contract in favor of the City of Corps 7h„7-:ti applicah:e to he Genera Liabilaty and Auto policies. Waiver of Surogation as required by written contract in favor of the City of Corpus Christi applicable 7.o the Ceneral Liability, Auto and Workers' Compensation policies. Umbrella policy follows form EXHIBIT 2 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT ('HANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Corpus Christi Department of Engineering Services Attn Contract Administrator P. O Box 927" Corpus Christi Texas 78469 -9277 If no entry appears above. information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) A Section II - Who Is An Ensured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2 Exclusions This insurance does not apply to "bodily injury" or property damage" occurring after: (1 All work. including materials. parts or equipment furnished in connection with such work, on the project other than service. maintenance or repairs) to he performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (< That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of same project CG 20 10 10 Insured: Progressive Structures, Inc. Effective: 9/11/06 Randal M Lee Authorized Representative Pol # 2074578244 Managing Partner Title: EXHIBIT 2 COMMERCIAL GENERAL LIABILITY CG 02 05 01 96 THIS ENDORSEMENT c _HANGES THE POLICY - PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE 1-his endorsement modifies insurance provided under the fol sowing: COMMERCIAL GENERAL LIABILITY" COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS : COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P O. Box 9277 Corpus Christi, TX 78469 -927' Number of days advance notice: THIRTY {30) Named Insured: Progressive Structures, Inc. Policy Number: 2074578244 Effective Date of This Endorsement: 9/11/06 Authorized Representative Name (Printed): R. M. Lee Title (Printed) Managing Partner CG0205 (01 !96) ATTACHMENT 3 I OF 3 EXHIBIT 2 TE 99 01B ADDITIONAL INSURED 1'his endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the .olicy unless another date is indicated below: Endorsement Effective y' 1 1'06 Named Insured Progressive Structures. Ins: Authorized Representative) The provisions and exclusions that apply to [.IABILITY COVERAGE also apply to this endorsement. Additional Insured: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P O. Box 9277 Corpus Christi, TX 78469 -9277 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable. declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of an■ cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 O1B - ADDITIONAL INSL:RED Texas Standard Automobile Endorsement Prescribed by March 19, 1992 ATTACHMENT 2 2 OF 2 covera a EXHIBIT 2 TE 02 02A CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM this endorsement changes the policy effective on the inception date of the .olicy unless another date is indicated below: Endorsement Effective 1'06 Named Insured Progressive Structures.nc. Countersigned by (Authorized Representative) LHIR FY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice : fthe cancellation or change to City of Corpus Christi Dept Of Engineering Services Attn: Contract Administrator P. 0 Box 927 Corpus Christi. TX 78469 -9277 Authorized Representative Name (Printed): Title (Printed) FORM TE 02 02A - R M. Lee Managing Partner This CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement (Ed. Effective 3/92) 'c,F1i'e h . •'_ cove;cg`' �s4z�� the �� ATTACHMENT 3 20F3 EXHIBIT 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (ED. 7 -85) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. in the event of cancellation or other material change of the policy. we will mail advance notice to the person or organization named in the Schedule The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Number of days advance notice: Notice will be mailed to City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P 0 Box 9277 Corpus Christi. TX 78469 -92' This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective. 9 11;06 Insured Progressive Structures, Inc. insurance Company WC 42 06 (1 Ed. ' ->;4) Policy- No. 2081332059 Transportation Ins Cc Countersigned By: Name (Printed): Tile (Printed): • TtliS • nit encircled U � Endorsement No. 1 R. M. Lee Managing Partner ATTACHMENT 3 30F3 N7-07-0.T ATIN rtiiifs,ate holder. alter the coverage EXHIBIT 2 i..iENERA 1 ENDORSEMENT Name of Person ar organization insured Progressive Structures, Inc. Date this endorsement takes effect 9,11'06 Endorsement Number 1 Pc hcy Number 1MP6003462 Policy Period 9/11/06 — 9/11/07 Name of Company issuing this endorsement Builders Risk / Installation Floater Great American Insurance Company (Vt e will not fill n the above unless we issue this endorsement after we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services Attn: Contract Administrator P 0 Box 9277 Corpus Christi. TX 78469 -92'77 Should the above described policy be canceled or materially' changed before the expiration date thereof, the issuing company will mail 30 days written notice to the above named. Signature: KK-GLOO Authorized Agen idt ATTACHMENT 4 1 of 1 tE, coverage EXHIBIT 2 DocAic 2007009781 81 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of Two Thousand Three Hundred and Thirty Eight Dollars ($2,338) to be paid by the Contractors Safety Council of the Coastal Bend, Inc., a Texas corporation, ( "Owner "), of 7433 Leopard Street, Corpus Christi, Texas 78409, the receipt of which is acknowledged, hereby grants, upon the conditions hereinafter stated, unto said Owner, a use privilege for the right to install, operate, repair, replace and maintain a private 2 -inch PVC force main approximately 2,188 feet along the south side of the Leopard Street public right -of -way from 7433 Leopard Street located just east of the Southern Minerals Road right -of -way, westbound to an existing City manhole; within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit 1. TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right -of -way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Owner's compliance with the . following conditions: A. This Use Privilege Agreement (Agreement) may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee (City Manager). B. OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS 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 ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT -OF -WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES Use Privilege Agreement Contractors Safety Council Page 1 of 6 City of Corpus Christi Development Services! Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78406 STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, re uas r WvN4;t ,-1 f) . l ,A 'n d DIANA T BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the S ale. Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, .....Handicap,.Familial.Status, or National Origin is invalid and unenforreable. under FEDERAL LAW, 3/12/89. Doc0 20071313978 1 Panes 24 02/22/2007 i 1.34A[ Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $107.00