HomeMy WebLinkAboutC2009-080 - 2/9/2009 - NAMEMORANDUM OF UNDERSTANDING
Section 1. Parties. This Memorandum of Understanding (MOU) is made by and
between the City of Corpus Christi (City) and South Shores Estates Association, Inc.,
(SSEA).
Section 2. Definitions.
Parcel (1) -Lots 17A and 18B, Block 10, South Shores Estates, as shown by map
or plat of said South Shores Estates, said lots including all of the area Northeast of
Ocean Drive extending from the Southwest corner of Lot 18A to the Northwest
corner of Lot 17A of said Block 10, South Shores Estates;
Parcel (2) -All of that certain median strip in South Shores Drive of said South
Shores Estates extending from Ocean Drive to Cape Ann Drive, including the plants
and water distribution systems located therein;
Parcel (3) -The two small brick planters with ornamental lights in the right of way of
Cape Lookout Drive near the intersection of Alameda Street;
Parcel (4) -All Grantor's right, title, and interest in and to that certain property lying
between the present curb line of Alameda Street and Grantor's brick wall paralleling
the same, including the watering system installed therein. (However, the parties
acknowledge that there is no watering system located in Parcel (4).)
Section 3. Background. On February 6, 1969, the City and SSEA executed an
Agreement in which SSEA conveyed Parcel (1), Parcel (2) ,Parcel (3) and Parcel (4) to
the City, in exchange for City's use of Parcel (1) as a park, and in further consideration
of City's maintenance of Parcels (2), (3), and (4) to at least the same standards of
plantings, landscaping and appearance. The Agreement was filed as document number
785986 in the Property Records of Nueces County.
Section 4. Purpose. This MOU is entered into in furtherance of the obligations
established in the previous agreement between the parties.
Section 5. Term. This MOU shall be effective upon signature by City Manager, with
term of August 1, 2008 through July 31, 2009. The MOU automatically renews for
additional one-year terms unless amended by the parties or terminated by mutual
agreement.
Section 6. Responsibilities of South Shores Estates Association. Inc.
1. Annually, by February 1 of each year, SSEA shall submit three bids for landscaping
of Parcels (2), (3), and (4) to the City Parks Director. Landscaping to be provided is
described on Exhibit A. Landscaper must agree to maintain insurance as required by
the attached Exhibit, naming the City as an additional insured. If City Parks Director
has not received the bids by February 1, then the Parks Director will contact SSEA to
request the bid information. However, nonreceipt of the bid information does not
2009-080 lities for maintenance of the Parcels in accordance with the
02/09/09 rent between the parties.
South Shores Estates Assn.
Section 7. Responsibilities of Citv.
1. The Parks Director will review the bids submitted by SSEA, and either approve one
of the bids and the subsequent invoice for payment, solicit bids for the landscaping of
Parcels (2), (3), and (4), or City staff shall perform the landscaping of Parcels (2), (3),
and (4) themselves, as long as the City complies with SSEA's mowing and landscaping
schedule, as listed on the attached Exhibit A
2. City will prune the palms located in Parcel 2 at the same time the Ocean Drive palms
are trimmed.
3. City will be responsible for the water distribution systems in Parcel (2) and Parcel
(3).
4. City shall plant in the planters in Parcel (3) and within Parcel (2), types of plants
which bloom multiple times throughout the year, and replace as needed.
Section 8. Notices. Any notices under this MOU must be provided as follows:
To the City:
City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
To the South Shores Estates Association, Inc:
South Shores Estates HOA
P. O. Box 8211
Corpus Christi, Texas 78468-8211
Section 9. Approval. All parties identified below agree to the provisions and terms of
this MOU.
South Shor es sociation, Inc. CITY QF CORPUS CHRISTI
By By: w
Name: B. 'A R. Escobar
Title: 2E~ 1+0.4 City Manager
Date: ~ O' Date: 2
Ap`pproved as to form: ~.~ ~
d~-+~~+~
Lisa Aguilar
Assistant Clty ttorney
For City Attorney
3
INSURANCE REQUIREMENTS
CONTRACTOR'S INSURANCE
A. Contractor's must not commence work under this agreement until all insurance required herein has been obtained and
approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Contractor 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: $500,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
AUTOMOBILE LIABILITY-OWNED, NON-OWNED $500,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS'COMPENSATION COMPENSATION ACT AND SECTION II OF
THIS EXHIBIT
EMPLOYERS'LIABILITY $500,000
C. In the event of accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports
of such accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance company obtained in
accordance with Texas law. The contract for coverage must be written on a policy and with endorsements
approved by the Texas Department of Insurance. Coverage must be provided in amounts sufficient to
assure that all workers' compensation obligations incurred by the Contractor will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General Liability
coverage, and blanket waiver of subrogation is required on all applicable policies.
Page 4 of 4
* If your insurance company uses the standard ACORD form, the cancellation clause (bottom fight)
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, termination, material change, non-
renewal is required.
2008 South Shores MOU landscape-mowing ins req
9-9-08 ep Risk Mgmt.
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LANDSCAPE MAINTENANCE SCHEDULE
Location: South Shore Estates Subdivision FREQUENCY
FUNCTION JAN FEB MAR APR AY
M JUN JUL AUG SEP OCT NOV DEC
1. Mow 2 2 3 4 _
4 4 4 4 4 4 2 2
2. Edge _ 2 2 3 4 4 4 4 4 4 4 2 2
3. Weed eat 2 2 3 4 4 4 4 4 4 4 2 2
4. Pick up bottles, cans, paper, debris out
of oleanders in median off of Ocean Dr.
and Alameda Street sidewalks and grass P E R V I S I T
5. Power blow walks and curbs _
P E R V I S I T
6. Weed all beds -common round areas 2 2 3 4 4 4 4 4 4 4 2 2
7. Fertilize turf 1 1
8. Fertilize shrub areas 1 1
9. Major trim of shrubs and plants 1 1 1
10. Minor trim of shrubs and plants 1 1 1 1 1 1 1 1 1 1 1 1
11. Top and Face shrubs and )ants 1 1 1 1 1 1
12. Cultivate/Add mulch to beds _
A S N E E D E D
13. Chemical) treat weeds on sidewalks __
A S
N E E D E D
14. Chemically treat ant beds _
_
A S N E E D E D
15. Anrwal tree maintenance (up to 10' tall)
Trimming branches over sidewalk A S N E E D E D
16. Lawn and plant pesticide 1 1
17. Insecticides 1 1
EXHIBIT A