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Home My WebLink AboutC2007-513 - 1/16/2007 - ApprovedUSE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section.l, Corpus Christi City Charter, in consideration of Seven Hundred Twenty Dollars ($720.00) to be paid by the Island Foundation, a Texas corporation, ( "Owner "), of 14493 South Padre Island Drive, PMB 307A, Corpus Christi, Texas 78418, 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 300 linear feet eastbound along the east side of the Palmira Avenue public right -of -way, and approximately 170 linear feet northbound along the north side of an undeveloped portion of the Marquesa Street dedicated public right -of -way, to an existing city manhole; within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A. 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 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 B. The General Liability policy must name the City as Additional Insured. Upon City Manager's written request, Owner Use Privilege Agreement Page 1 of 5 Seashore Middle Academy 2007 -513 01/23/07 Ord 027109 Island Foundation NUtrzo %* K` EPEE 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 ( "Development 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. I. Owner must submit a set of construction drawings to the Development 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 construction. The plans will tie the centerline of the proposed Improvements to the centerline of the Use Privilege Improvement Area. Anycenterline improvements will also be tied to the existing utility centerlines. The Owner must provide the Director of Development Services or designee ( "Development Services Engineer') with a complete depth profile, distance, and location of its Improvements from existing City utilities, otherfranchised 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" AT &T (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 "A ". The Owner must provide the Director of Development Services or designee ( "Development 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. Use Privilege Agreement Page 2 of 5 Seashore Middle Academy (Island Foundation) 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, AT &T, 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 when excavating 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, 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 -826 -1957) 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. The Improvements must be constructed within one year from the date of the ordinance approving the Agreement. Use Privilege Agreement Page 3 of 5 Seashore Middle Academy (Island Foundation) U. Owner must file and record this Agreement at the Deed Records of the Nueces County Courthouse, Nueces County, Texas to ensure that public interests needing to use the right -of -way and any future owner of the property are aware of the agreement. V. 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. IN TESTIM , t e i f Co s Christi has caused these presents to be executed on this the day f '2007. ATTES : City Secretary APPROVED: CITY O ORPUS CHRISTI By: G(eokpk Noe, City Manager AU I NW04i., 1V ODIIJNCIL�djz day of �Jct n clG!�} 2007 •- °".. "' "° By: 7 t' Ga6 W Smith, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Noe, City Manager of the City of Corpus Christi, a Tex corporation. /I Use Privilege Agreement Seashore Middle Academy (Island Foundation) SECS 273b07, by George K. ration, on behalf of said Notary Public, State of Texas MEE] xpires Page 4 of 5 7 The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the day of 2007, by P Y) '��ri'�,YY�_ President of Island Foundation, the Owner herein, and /Owner agrees to keep and perform the cco td�itions imposed by said Agreement and Island Foundation, is bound by all of the terms of the same. Island Foundation By: y�/� �. r- Name: Lollee Yl I r 1L..,La+ -,y rP Title:_ V re.L53 Ae'f *- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ��- l , 2007, by N_0 (� �.. ,� �I "1'1 �� 4 �a..,, r as of Island Fdundation, a Texas corporation, on behalf of said corpora tion. Ng ary Public, State of Texas Printed Name (- 1 l ;a 19 i 2. b)Cid 1 t JULIANNE CHADIC Iro>ARYPAUSTATEOFUMS Expiration Date: tr c c '^ COMMISSION UFIRES: p JUNE 27, 2009 Use Privilege Agreement Page 5 of 5 Seashore Middle Academy (Island Foundation) •r I � � cwt 'e� I "NCS661.tlo� E i. j "P L kckoot 9�Ikfk -� i �i _ • 27 . 25 -,Lam r ¢.a Z_ I W ' Ey r N W Q :1 :I m xa 6.6 9 Lo 4A am • a . 462 6A4 e s L61 ].8 'we SM • 698x 69B• SAS . 67 MARQdESA STREET (Undmipped) 614 s 6.66 686 tl@ C CD O w w � �' uy � aa) Z.?o�yQa mm ("D m o ,�ID °w yoaLo � f[,11 b 4= LLE .a fY CD .6 .0 Oi Ip U 214 C Ljj U C 1 O C E — b U og o °'g aw l 11,111� arl III I H Ctl 2 W EXHIBIT B INSURANCE REQUIREMENTS I. PERMITTEE'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, Bodily Injury and Property Damage material change or termination is required on all Per occurrence aggregate certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 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 AUTOMOBILE LIABILITY — OWNED, NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $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. !I. 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. B. 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 1.13 (11) - (7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1) -(7) are included or excluded. EXHIBIT B ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 01/10/2007 PRODUCER Kelly & Honeycutt, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4455 So. Padre Island Dr. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 25 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78411 INSURERS AFFORDING COVERAGE INSURED island Foundation, Inc. INSURER A: Philadelphia Insurance Co an INSURER B- dba Seashore Learning Center INSURER C: 14493 S. Padre Island Drive #307A INSUREIR 0., Corpus Christi TX 78418 rnsuRER E 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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION L1MIT5 GENERAL UABILJTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR PHPK11781 03/09/2006 03/09/2007 EACH OCCURRENCE s 1,000,000 FIRE DAMAGE one fire 5 100,000 MEO EXP i!Any one inniml S 5,000 PERSONAL& AOV INJURY 5 1,000000 GENERAL AGGREGATE s 2,000,000 OWL AGGREGATE LIMIT APPLIES PER: POLICY 1 PRQ- LOC PRODUCTS- COMPnDPAGG S 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDUL.EDAUTOS HIRED AUTOS NON -OWNED AUTOS _ COMBINED SINGLE LIMIT (Ea accident) ' S BODILY INJURY IPerPerson) S BODILY INJURY (Pera[cidenl) 5 PROPERTY DAMAGE {Per accident) S GARAGE LIABILITY ANY AUTO ALPT20 ONLY -EAA (DENT S OTHER THAN FA ACC ( AUTO ONLY: A S EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, ell blackouts Of photocopy, discolored paper additions and changes were present at the time the instrument was filed and recorded EACH OCCURRENCE S AGGREGATE 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STAT{F OTH- E-L. EACH ACCIDENT It E. L. DISEASE - EA EMPLOYEE S E.L. DISEASE' POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS ILOCATIONSIVEHtCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPErML PROVISIONS Certificate holder is shown as Additional insured per attached form CG20260704. Reference.2" PVC main on Pahnira(300LF) &Marquesa St (170LF) for Seashore Middle Schaal Academy. Ciry of Corpus Christi Development Services P. O. Box 9277 Corpus Christi TX '78469 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 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 94W KIND UP*-WE ENSURER, ITS AGENTS OR EXHIBIT B ACORD 25.5 (7197) //' ! 7 j ,/ C ACORD POLICY NUMBER: PHPKI61896 COMMERCIAL GENERAL LIABILITY CG 20 36 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAb IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Corpus Christi Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ® ISO Properties, Inc., 2004 EXHIBIT B Page 1 of 1 ❑ Avow CERTIFICATE OF LIABILI' Swantner & Gordon P. O. Box 870 Corpus Christi TX Phone:361 -883 -171 1 Ins. Agcy -CC 78403 -0870 rax:36i- 844 -0101 501AhbaC8aadorcR wn, Inc. Corpus Christi TX 78416 N INSURANCE L`SR ;1 DATE (A�MfoDiYYYY), �NBFi- -1 01/11/01 THIS CERTIFICATE IS mSUEO 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 S INSURER& Clarendon AMOriaa Ins Cd INSURER& American Mapougy Inauwance INSURERC: Amer Intl !pea Lns ins Co rNSURER& Great American Ins Ca INSURER S: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY AERIOD INDICATED. NOTIMTHBrmDING " ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS ABJECT TO ALL THE TERMS, EXCLUSIONS AND OONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Ma NSR TYPE F INSURANCE POLICYNUMBER AA M OA LIMITS EACH OCCURAENCE $ 1 000,000 GENERAL LIABILITY A X COMMERCIAL GENERALUmLrTY DCT000009348 01/01/07 01/01/08 PREMISES o Mawr0a $ 100,000 CLAIMS mpmE X❑ OCCUR MEDSIPWyonapaMon) S 5,000 PERSONA. S ADV INJURY S 1 , 000 000 GENERAL AGGREGATE $2,000,000 GfW'LAGGREGATELIIAIrAPPLIE PM. PROR.)JOTS- COMPIOPAGG S2,000,000 POLICY Fx71 P LOC AXR9pMILELIABILITY i' admal EDENOLELIMIT 51,000,000 B X ANYAUTO BAP4510516 01/01/.07 01/01/08 tEas ALL OWNEDAUTOB BODILY INJURY 5 (Per wm) SCHEDULEDAUTOS RECORDER'S MEMORANDUM HIRED AUTOS At the time of recordation, this instrument was found BODILY INJURY $ NON-OVMEDAMS to be inadequate for the best photographic reproduction because of illegibility, carbon or PROPERTY DAMAGE $ Photocopy, discolored paper etc. All blackouts, (Fargo dml) additions and changes were present at the time the AUTOCNLY- GpACCIDIENT S GARAGE LIABILITY instrument was filed and recorded. ANYAUTO OTHER THAN EAACC 5 AUTO ONLY: AGG S EXCESSAIMBRKLA LABILITY EACH OCCURRENCE $2,000,000 C OCCUR ❑CLAIMS MADE BINDER 01/01/07 01/01/08 Aw"AAT9E 5 5 L1DEDUCTIBLE 3 RETENTION S 10 000 L IV WORRER$ GONPISATIONAND LIMI 6MPLOYERWLXABLITY EL. EACH ACCIDENT $ MY PROM IDGCLIID� EL DISEASE - EA EMPLOYE $ !f desorlbaWtdar below E.L. DISEASE - POUCYLIMIT S SPECIAL RROV!$IONS OTHER D Builders Risk n&7558705 01/02/07 01/01/08 Per Loa. 2,000,000 Few 000. 4,000,000 off FTXOH OP OFWA Ml - LOCATIONS IV$ UMnI EXGLUSIDNB ADDED BY MCGMEMNT ISPECIAL'PRDVI8IONS Re: Seashore Middle Academy Additional Insured in favor of Certificate Holder as required by written insured contract applicable to the General Liability & Automobile Liability policies. Waiver of Subrogation in favor of Certificate Holder as required by written insured contract applicable to the General Liability Palicy- CERTIFICATE HOLDER CANCELLATION CICC —CC $HC=ANY OF THEABOYE OEBORM POLICIES BE CANGaJ.LW BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENBEAVORTO [NAIL 30 DAYS WRITTEN City of Corpus Christi ROT=T0 THE CERfOMTE HOLDER NAM TO THE LEFT. SUr 0MLORE TO 13000 S "ALL Developmental Services IMpon NOOBLIGATiON ORLMSILITYOFANY REND UPON THE INSURER, ITS AGENTS OR F. O. Box 9277 REP Corpus Christi TX 78469 -9277 AUC TF EXHIBIT B ® AC011M CORPORATION 19 1La 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 B NV VRU iA %4UU -11U0! ACM CERTIFICATE OF LIABILII Swentner & Gordon Ins. AgcY -CC P. 0. Box 870 Carpus Christi TX 78403 -0870 Phone :361 -883 -1711 rax:361- 844 -0101 5019hALDa sadgrcR own' Inc. Carpus Christi TX 78416 -Y INSURANCE CSR ADM ; DATE (MM1DDm YYl . wIr><sx -1 01/10/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXT9ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THE POLICIES OF INSURANCE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURERS AFFORDING COVERAGE NAIL 0 INSURER A: Clarendon America Ins CO MMKM POLICY NUMBER DATE MIIWA E DATE (MID LIMITS LTR NSR TYPE OF INSURANCE EACH OCCURRENCE INSURERS: American Mej2Ea Insurance GENERAL LIABILR Y }[ COMMERCOL GENERAL LIABILn-Y L)CT000009349 01/01/07 01 /01 /O8 PREMISES EaaeuBnes INSURER G Amer Intl $ ea Lns Ins CO A MADE 7K MED EXP (AnY one Pelson) INSURER Great American Ins Cc CLAIMS PERSONAL. &AOVINJURY $1,000400 GENERAL AGGREGATE INSURER E. PRODUCTS- CAMPfOPAGG COVERAGES LIS ED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING BE ISSUED OR THE POLICIES OF INSURANCE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM& MMKM POLICY NUMBER DATE MIIWA E DATE (MID LIMITS LTR NSR TYPE OF INSURANCE EACH OCCURRENCE $1,00-0,00-0 GENERAL LIABILR Y }[ COMMERCOL GENERAL LIABILn-Y L)CT000009349 01/01/07 01 /01 /O8 PREMISES EaaeuBnes $ i00 00c) A MADE 7K MED EXP (AnY one Pelson) $ 5,000 CLAIMS PERSONAL. &AOVINJURY $1,000400 GENERAL AGGREGATE Is 2 , 000 000 PRODUCTS- CAMPfOPAGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER., POLICY X ECT LOC r AUTOMOBILE LIABILITY COMBIIIIED SINGLE LIMIT 01/01/07 01/01/08 (ea$cd'tenq $1,000,000 B X ANYAUTO 8AR4510516 ALL OWNEDAUTOS BODILY INJURY (PerPe�on) S EDEDAUrOS SCHEDULED RECORDER'S MEMORANDUM BODILYINJURY HIRED HIRED AUTOS At the time of recordation, this instrument was found (Peracadend) % NON -OWNED AUTOS to be inadequate for the best photographic Y DAMAGE reproduction because of illegibility, carbon or P PROPERTY $ photocopy, discolored paper etc. All blackouts, additions and changes were present at the time the AUTO ONLY -EA ACCIDENT $ GARAGBLIABILITY instrument was filed and recorded. EA ACC $ TIERTHAN ANYAUTO AUTO ONLY: AG(i $ EACH OCCURRENCE $2,000,000 EXCESSIUMBRELLA LIABILITY MAW BINDER 01/01/07 01/01/08 AGGREGATE Q S C X OCCUR CLAUS $ 0 DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS! LIABILITY ANy (CLUDE CUTIVE E.L. DISEASE - EA, EMPLOYE $ OfPICEOPR!MBERR E LIMIT $ IIyaa dasai6e under E.L. DISEASE - POLICY BPFIAL PROVISIONS Below OTHER IMP7558705 01/01/07 01/01/08 Loc. D Builders Risk Per 4.000,000 DESCRIPTKIN OF OPERATIONS 1 LOOAriON$ I VEHiOLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRO 'DNS 949 -8341 Re: Seashore Middle Academy FAX: in favor of Certificate Holder as required by written Additional Insured insured contract applicable to the General Liability 6 Automobile Liability policies. waiver of Subrogation in favor of Certificate Holder as required by written insured contract applicable to the General Liability Policy. CERTIFICATE HOLDER CANCELLATION OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ISFO —CO SHOULD ANY GATE THEREOF. THE ISSUINQ INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN island Foundation NOTICE TO THE ORNTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO $HALL Attn : Barbara B0810r IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THK INSURER, ITS AGENTS OR 15801 Lncantada IWRP.SE TArFVES. Corpus Christi TX 78418 wool E E EXHIBIT B 0 R CORPORATION 1888 ACORD 25 (200IM6) 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 endorsemenks). 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_policfes listed thereon. EXHIBIT B ACORD 25 (2001/00) STATE OF TEXAS COUNTY OF NUECES I 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, Te Has O - ` L g". k 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 unenforceable under FEDERAL LAW, 3/12/89. Doc# 21007006973 # Pages 16 02/08/2007 11:28AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $75.00€ 401cwPaschrr al '90yeapment services? Special Services 9490 Leopard, Suite 100 @@fPMS Christi, TX 78408