HomeMy WebLinkAboutC2009-189 - 5/12/2009 - ApprovedAMENDMENT TO YACHTING CENTER OF CORPUS CHRISTI, LLC
MARINA SLIP RENTAL CONTRACT y,~j
THIS Amendment to the Marina Slip Rental Contract is made and entered into this ~~ -
day of May, 2009, by the CITY OF CORPUS CHRISTI, a municipal corporation and
political subdivision of the State of Texas, hereinafter referred to as "CITY," and
Yachting Center of Corpus Christi, LLC ,hereinafter referred to as "Yachting Center"
Whereas, the parties previously entered into Agreement approved by City Council on
December 9, 2008, under Ordinance No. 027969 which authorized Marina Slip Rental for
fourteen years, six months term;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Exhibit A, Section 3 of the Agreement is hereby amended to allow the sale of
alcoholic beverages to the public for on-premises consumption, subject to
compliance with applicable state and local regulations.
2) The insurance exhibit is replaced with the attached exhibit.
3) All other terms and conditions of the previously executed Agreement between
the parties which aze not inconsistent herewith shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have themselves or through their duly
authorized officers executed this Agreement, to be effective sixty-one days after final
approval by City Council.
EXECUTED IN DUPLICATE ORIGINALS this ~ ay of ~~ , 2009, by the
authorized representative of the parties.
ATTEST:
Armando Chapa
City Secretary
City of Corpus Christi, Texas
i
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` n el R. Escobar
City Manager
AP,pPROVED AS TO LEGAL FORM THIS DAY OF ~, 2009:
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Lisa Agu' a ~/ C
Assistant ity Attorney ~, o p f J~ ~U
For the City Attorney 'f"'-i
Yachting Center of Corpus Christi, LLC
By: ,
Name: /LL/ ~ ~•
Title: P./ ~
Date: Soi e
2009-189
Ord. 028151
05/12/09
Yachting Center of CC
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INSURANCE REOUII2EMENTS
I. YACHTING CENTER OF CORPUS CHRISTI. LLC' S LIABILITY INSURANCE
A. Yachting Center of Corpus Christi, LLC must not commence work under this agreement until all
insurance required herein has been obtained and such insurance has been approved by the City.
The Yachting Center of Corpus Christi, LLC must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been so obtained.
B. Yachting Center of Corpus Christi, LLC must furnish to the City's Risk Manager or designee, two (2)
copies of Certificates of Insurance, showing the following minimum coverage by an 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, material change, Bodily Injury and Property Damage
non-renewal or termination is required on all certificates Per occurrence /aggregate limit
Ocean Marine Coverage $1,000,000 per occurrence form
1. Marine Owners Liability coverage $250,000 Damage to Premises rented to you
2. Premises Liability -Broad Form General Liability $5,000 Medical Payments
3. Products/ Completed Operations
4. Contractual Liability
5. Personal Injury & Advertising Injury
6. Fire Legal Liability
Commercial Property Lessee is responsible for their own insurable interes~
their property
Legal Liability coverage to include value of leased area $250,000
Ordinance or Law Coverage
Time Element -Leasehold Interest
Liquor Liability $1,000,000
Inland Marine /Builders Risk In amount of value of the floating barge
Protection & Indemnity (P & I) $1,000,000 (When applicable)
Im rovements and Betterments (as er Exhibit A
Environmental Impairment Liability -Broad form pollution $1,000,000
liability coverage
Business Auto Liability to include Hired and Non-owned $1,000,000
Auto Liability
C. In the event of accidents of any kind, Yachting Center of Corpus Christi, LLC must furnish the
Risk Manager with copies of all reports of such accidents within ten (10) days ofthe accident.
II. ADDITIONAL REQUIREMENTS
A. If applicable, as stated in Section I-B, Table, Yachting Center of Corpus Christi,
LLC must obtain the applicable workers' compensation coverage or mazitime
exposure protection for its employees through a licensed insurance company 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. The
coverage provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by Yachting Center of Corpus Christi, LLC
will be promptly met.
B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessee's
right to maintain reasonable deductibles in such amounts as are approved by the
City, Lessee shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Lessee'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, declazations page and all endorsements thereto as they apply to the limits
required by the City, and may require the deletion, revision, or modification of
particular policy terms, conditions, limitations or exclusions (except where
policy provisions aze established by law or regulation binding upon either of the
parties hereto or the underwriter of any such policies).Lessee 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. Lessee 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) 826-4555- Fax #
D. Lessee 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, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the
City, on the Ocean Marine Coverage and Business Auto Liability coverage.
• 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, Successful Bidder shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Lessee'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
contract.
F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder,
and/or withhold any payment(s) which become due to Lessee hereunder until Lessee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Successful Bidder may be held responsible for payments of damages to persons or
property resulting from Lessee's or its subcontractors' performance of the work covered
under this agreement.
H. It is agreed that Lessee'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 contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
NOTE: The limits and types of coverages are subject to adjustment if upon review
of permit application, it is determined that the activity under this permit requires
increased levels and types of coverages.
2009 Revised Yachting Center CC, LLC. ins. req.
4-15-09 ep Risk Mgm[