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.
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