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HomeMy WebLinkAboutC2011-042 - 2/17/2011 - NAMEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) is made by and between the City of Corpus Christi ( "City ") and Owners Association of Rancho Vista, Inc., ( °HOK). By signature below, the parties agree as follows: Section 1. Definitions Park: The approximately 1.4 acre park located at Rancho Vista Subdivision, on Rancho Vista Blvd., with legal description of Rancho Vista Unit 1 Lot 1 Block 4, Corpus Christi, TX. The parties may amend this Agreement to include additional park areas within the control of the Owners Association of Rancho Vista, Inc. Section 2. Background. HOA has previously maintained the Park and desires to continue maintenance of the Park subject to City's maintenance of the water meter at the Park. Section 3. Purpose. This MOA is entered into to establish the obligations between the parties regarding Park maintenance. Section 4. Term. This MOA shall be effective upon signature by City Manager, with term of October 1, 2010 through September 30, 2011. The MOA automatically renews for additional one -year terms unless amended or terminated by mutual written agreement. Section 5. Responsibilities of HOA for Park Maintenance A. Perform regular landscape maintenance services (including but not limited to, mow, edge and blow all lawn areas) in accordance with the following Frequency Schedule. B. Trim plants and trees to remove dead vegetation or for accessibility. C. Remove and pick up litter. D. Regulate irrigation system for effective and efficient watering of lawn and landscaped areas following water conservation standards observed by the City of Corpus Christi (watering complete by 10a.m.). E. HOA maintains responsibility to repair and replace irrigation components at the Park which were damaged by HOA or its contractor. F. Maintain and replace park elements according to manufacturer warranty standards during the warranty period. G. Replace trees damaged by maintenance activities, or damaged due to excess or lack of irrigation. H. Comply with the insurance requirements listed on the attached Exhibit. 2011 -042 As needed 02/17/11 Owners Assn of Rancho Vista INDEXED Frequency Schedule Jan Feb Mar Apr May Jun Jul Auq Sep Oct Nov Dec Mow, Edge, Weedeat, power 2 2 3 3 3 3 3 3 3 3 2 2 blow walks and curbs weed beds Remove all litter Every visit Trim plants and trees to remove As needed dead vegetation or for accessibili A__I__ L__L... 2011 -042 As needed 02/17/11 Owners Assn of Rancho Vista INDEXED fertilizer Monitor irrigation system (repair as Every visit needed Inspect play and Every visit ark elements 2 Section 6. Responsibilities of City. City is responsible for the water meter installed at the Park effective on date of signature of this MOA by the City Manager. Section 7. Notices. Any notices under this MOA must be provided as follows: To the City: City of Corpus Christi Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469 -9277 To the HOA: Owners Association of Rancho Vista, Inc. 5337 Yorktown, Suite 10D Corpus Christi, Texas 78413 Section S. Indemnity HOA agrees to indemnify, save and hold harmless City, its officers, employees, and agents against any liability, damage, loss, claims, demands and actions on account of personal injuries (including, without limitation, workers' compensation and death claims), or property loss or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with the acts or omissions of HOAAlawn maintenance contractors or subcontractors under this Agreeme& Section 9. Approval. All parties identified below agree to the provisions and terms of this MOA. OWNERS OC ANCHO VISTA, INC. By: Name: EAV gM - vN Title: M State of Texas County of Nueces This instrument was acknowledged before me on I , 2010, by &L� r A44 vin— _ , as re f ,-- for Ow ers Association of Rancho Vista Inc., a Texas non - profit corporation, on behalf of the corporation. Notary Public VICKI AUAR Notary Public, State of T My Commission Exr�� 2 -18 -2014 CITY OF CORPUS CHRISTI, TEXAS I By: `Angel scobar, City Manager Date: Approved as to form: III By: .An Lisa Aguilar, As s nt City Attorney E INSURANCE REQUHZEMENTS I. HOA'S INSURANCE A. HOA must not commence work under this agreement until all insurance required herein has been obtained and approved by the City. HOA must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. HOA 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, HOA must fiirnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. HOA 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 aMOAnts sufficient to assure that all workers' compensation obligations incurred by the HOA 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 5 of 5 * If your insurance company uses the standard ACORD form, the cancellation clause (bottom ight) 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. CA1Documents and SettingslBartlLocal SettingslTemporary Internet Files�OLK2871MOA- Rancho Vista Park Oct 20 2010(clean version).doc