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HomeMy WebLinkAboutC2011-202 - 1/25/2011 - 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, 'Angel Escobar, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of Forty -Nine Dollars ($49) by Myrtleson, LTD., (hereinafter "PERMITTEE "), of 615 N. Upper Broadway, Corpus Christi, Nueces County, Texas the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said PERMITTEE, a use privilege for the right to construct, install, maintain, repair, remove, or replace, (all rights hereinafter "CONSTRUCTION PROCESS "), a business sign encroaching 4.4 feet into the Tancahua Street right -of -way, (sign having a length of 7.83 feet from wall into right -of- way, a width of 8.13 inches and a height of 4.83 feet), which sign will be supported from the existing building located at 1205 N. Tancahua Street, (hereinafter "USE PRIVILEGE IMPROVEMENT "), within the City of Corpus Christi, (hereinafter "CITY "), Nueces County, Texas as shown on the attached and incorporated Exhibit A1-3. See Exhibit B for survey, also attached and incorporated. TO HAVE AND TO HOLD the same unto PERMITTEE', its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right -of -way to repair or maintain the USE PRIVILEGE IMPROVEMENT, and it is further understood that the use privilege is granted subject to PERMITTEE'S compliance with the following conditions: A. This Use Privilege Agreement, (hereinafter "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 (hereinafter "CITY MANAGER "). B. Once approved by the PERMITTEE and thereafter the CITY MANAGER, this AGREEMENT is for a term of one year, and automatically renews annually, unless either the CITY or PERMITTEE gives written notice of termination to the other party at least 60 days before the end of each annual term. C. PERMITTEE shall not assign this AGREEMENT without the CITY MANAGER'S prior written consent. All references herein to PERMITTEE include PERMITTEE'S contractor(s), agent(s) and employee(s), if applicable. 2011 -202' Ord. 028933 01/25/11 Myrtleson, Ltd. INDEXED Use Privilege Agreement City and Myrtreson, LTD. Page 2 of 8 D. PERMITTEE shall acquire and maintain commercial general liability insurance pertaining to the USE PRIVILEGE IMPROVEMENT and the activities related to the USE PRIVILEGE IMPROVEMENT authorized by this AGREEMENT, in the minimum amounts set forth in the attached and incorporated Exhibit C. The General Liability policy shall name the CITY as Additional Insured. Upon CITY MANAGER'S written request, PERMITTEE shall provide copies of all insurance policies to the CITY Attorney. Such policies may not be canceled, renewed, or materially changed without ten days advance written notice to the CITY'S Assistant City Manager of Development Services, or designee (hereinafter "CITY DEVELOPMENT SERVICES ACM "). E. Prior to the start of the CONSTRUCTION PROCESS, PERMITTEE shall require its contractor and each subcontractor provide a Certificate of insurance reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally, PERMITTEE shall require its contractor and each subcontractor indemnify the CITY, its officers, employees and agents in the same manner that PERMITTEE has provided indemnification to the CITY. F. Construction plans and specifications for all proposed work shall be submitted to the CITY DEVELOPMENT SERVICES ACM for approval prior to beginning the CONSTRUCTION PROCESS. The plans shall show the depth and location of the proposed construction and distances from any existing water, storm water, wastewater and gas lines. G. Roof overhangs and signs are to have a minimum clearance of no less than 9 feet or a maximum clearance of 14 feet between the lowest point or projection from the ground grate elevation immediately below. H. At least 48 hours prior to beginning the CONSTRUCTION PROCESS, PERMITTEE shall contact 1 -800- DIG -TESS and the Lone Star Notification Center (1- 800 - 669 - 8344). Additionally, at least 48 hours prior to beginning the CONSTRUCTION PROCESS, PERMITTEE shall give notice to, and verify depth and location of, communication lines and/or communication fiber optic cables, whatever being applicable, for the following: • CITY Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT &T); • CenturyTel; • Time Warner; • Grande Communications; • Any and all other certified telecommunications providers; C: \Users \andreag \AppData \Local \Microsoft \Windows \Temporary Internet Fires\ Content .Outlook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB 2.DOCX Use Privilege Agreement City and Myrtleson, LTD. Page 3 of 8 A CITY Inspector may request a utility line be uncovered to verity its depth or location. I. CONSTRUCTION PROCESS and use of the USE PRIVILEGE IMPROVEMENT by PERMITTEE shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement, by the CITY or any of its franchisees, of any existing or future proposed sidewalks, utility lines, or other uses. If CITY, or any franchisee with utilities currently located in said right -of -way, needs access to the right -of -way, PERMITTEE shall pay for removing or relocating the USE PRIVILEGE IMPROVEMENT to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The PERMITTEE shall repair the USE PRIVILEGE IMPROVEMENT to its original condition or remove the USE PRIVILEGE IMPROVEMENT, at which time this AGREEMENT terminates immediately. J. Traffic Engineer Requirements: (1) At least 48 hours prior to commencing the CONSTRUCTION PROCESS, the PERMITTEE shall file and obtain approval for, a traffic control plan with the CITY'S Traffic Engineer. No closure or barricading of a public right -of -way or any portion of a public right-of-way shall occur before approval of the traffic control plan, and if applicable, approval of a detour or barricade plan, has been obtained from the CITY'S Traffic Engineer. (2) Should PERMITTEE require a trench, pit or the like be dug during the CONSTRUCTION PROCESS, the PERMITTEE shall file and obtain approval for barricading said trench, pit or the like, in accordance with the Texas Manual on Uniform Traffic Control Devices, from the CITY'S Traffic Engineer. (See paragraph "S." for additional requirements regarding trench(s), pit(s) and the like.) K. If, as determined by the CITY MANAGER, damage occurs to any gas, water, storm water, or wastewater line, PERMITTEE shall allow CITY employees of the CITY Gas, Water, Storm Water or Wastewater Division immediate access to make all repairs. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the CITY MANAGER. All costs of the CITY associated with said damage and repair, including labor and materials, shall be paid by PERMITTEE within 30 calendar days of the CITY MANAGER'S invoice thereof. L. PERMITTEE shall provide all necessary and proper safety devices so as to prevent injuries or accidents, in as much as possible. M. PERMITTEE shall take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. C:\ Users \andreag \AppData\ Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB- 2.DOCX Use Privilege Agreement City and Myrtleson, LTD. Page 4 of 8 N. All backfill, specifically including that in and around existing utilities, shall be made according to current CITY standards and specifications and /or as per the CITY Inspector's request. O. Work conducted near any existing water main shall be done under the inspection of a CITY Inspector at a daily rate of three- hundred, ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement of the USE PRIVILEGE IMPROVEMENT. A half -day, four hours or more of work, constitutes a whole working day for purpose of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or Holidays, shall be calculated at a daily rate of fifty - eight dollars and eighteen cents($58.18) per hour. These funds shall be paid to the appropriate CITY Department within 30 calendar days of the CITY MANAGER'S invoice thereof. These amounts will be adjusted annually on August 1 to reflect any pay increase. P. At any and all times, PERMITTEE is responsible for the repair and maintenance of the USE PRIVILEGE IMPROVEMENT, including any costs associated with said repair and maintenance. Should damage occur to the USE PRIVILEGE IMPROVEMENT, regardless of the type of damage, within 30 calendar days of notice by the CITY MANAGER, PERMITTEE shall repair the damage. Failure to do so terminates this AGREEMENT immediately. Q. PERMITTEE shall repair or cause to be repaired any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs and gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the USE PRIVILEGE IMPROVEMENT. R. No equipment or material may be stored or left in CITY right -of -way overnight except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM. S. No trenches, pits or the like, other than bore pits, shall be left open overnight, except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM. Bore pits shall not be allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or the like, other than bore pits, shall be backfilled promptly and in accordance with the current CITY standards and specifications and/or as per the CITY Inspector's request. All trenches, pits and the like, including bore pits shall be barricaded in accordance with the Texas Manual on Uniform Traffic Control Devices as approved by the CITY'S Traffic Engineer [See paragraph "J(2)." for additional requirements regarding trench(s), pit(s) and the like.] T. PERMITTEE shall comply with all applicable Federal, State, County and City laws and ordinances. C: \Users \andreag \AppData \Local \Microsoft\Windows \Temporary Internet Files\ Content .Outlook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB_2. DOCX Use Privilege Agreement City and Myrtleson, LTD. Page Sof8 U. As right -of -way is in full view of public, it shall be maintained in a neat and orderly fashion, without visible trash or other unsightly debris. V. The CITY shall cause this AGREEMENT to become effective upon date of execution by the CITY MANAGER, as indicated below. W. INDEMNIFICATION. (1) PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH), SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES, ( "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 PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON 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. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE- EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS,(INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE C:\Users\andreag\AppData\ Local \Microsoft\Windows\Temporary Internet Files\ Content .Outlook\LCRNCNKD\1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB_2.DOCX • Use Privilege Agreement City and Myrtreson, LTD. Page 6 of B DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS "HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ("CERCLA"), AS AMENDED, AND THE TERMS "SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( "RCRA "), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. (3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHERWISE ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH BRINGING THE BROADWAY WASTEWATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. C:\ Users \andreag \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Clutrook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB_2.DOCX Use Privilege Agreement City and Myrtleson, LTD. Page 7ofi8 Acceptance The above AGREEMENT is hereby accepted, and its terms and conditions agreed to on this the /1-0-4 day of la/nary , 2011, by William R. Durrill, Sr., President, on behalf of Myrtleson, LTD. Myrtleson, LTD agrees to keep and perform the conditions imposed by said AGREEMENT and to be bound by all terms of same. THE STATE OF TEXAS § COUNTY OF NUECES § By: Myrtleson, LTD. 615 N. Upper Broadway Corpus Ch.r-igti, Texas/ Wi Ilam R. Durrill, Sr. President Acknowledgement This instrument was acknowledged before me on by William R. Durrill, Sr., President, on behalf of corporation. REBECCA L GREENE NOTARY PUBLIC State of Texas Gomm. Exp, el/20/2013 wnro„rrvrnn , 2011, mited liability / // 411/A Not. ry Pubii W V State of Texas C:\ Users\ andreag \AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB_2.DOCX IN TESTIMONY WHEREOF executed on this the ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES Use Privilege Agreement City and Myrtleson, LTD. Page 8 of 8 Attestation e City of Corpus Christi has caused these presents to be day of , 2011. By: CITY OF CORPUS CHRISTI Acknowledgement Od. az Sg33 AUTHORl1ED 1 ° 1.41 SECRJARV if This instrument was acknowledged before me on r4 7 , 2011, by 'Angel R. Escobar, City Manager of the City of Corp Christi, exas Municipal Corporation, on behalf o sail• cor•o a io Notary Public State of Texas Legal Approval APPROVED AS TO LEGAL FORM this /7 r'`' day of U , 2011. Carlos Valdez City Attorney A.(7c-04,17;2170-incybk,-/a---- eborah Walther Brow Assistant City Attorney For City Attorney By: C: \Users \andreag \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content .Outlook \LCRNCNKD \1 -13 -11 USE PRIVILEGEAGREEMENT Concrete St FINAL DWB_2.DOCX • Q(J •/00,54' (GALLED 100,00 TAN CM T A. STREET T (6O'R1OW.) Exhibit A -1 • ' Exhbiit A-2 4 a $g qi 83 M s i 11-3/16' 12127 T. e ig 3' 1 -7/16' 14511 sal G M • A i ii Ar gi8 V4i 1lSS11 .!I!L .S uu11 .f, ,E [OI .0 H N N N O K N O - � s 0, W h. 1 CO i 4 4 4 Exhbiit A -3 rg rA C es 071 °C.:t3 0 td V Da ry2 ip (x`. ` 19 Nlc'oo'oo'4i1 /00.64` .:. r'F':. I.:I. O „(CALLED- I0Q001' v J , 90°O0'00 "F_ 100.64' (CALLED 100.001 TANCAH1J STREET (60'R.o.W.) Iz0 NJ700'00W 360!5' (CALLED 360A0') REFERENCE" BEARING Exhibit B W. 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, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Form 2. Premises – Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractor $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY—OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $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. II. 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. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. Exhibit C B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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, declarations 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 are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee 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. Permittee 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. Permittee 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, with the exception of the workers' compensation and professional liability polices; • 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 Permittee'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 Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee I,r 4 demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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. Use Privilege Agreement (UPA) ins. req. 9 -14 -10 ep Risk Mgmt. RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photograph reproduction because of illegibility, carbon or photocopy, discolored paper, etc. All biockout additions and changes were present at the time instrument was filed and recorded. City of Carpus Chrieti Development Services! Spacial Services 8408- Leopard, Suite 100 ,Carpus.C'hristi, TX 79408 Doct 21-1 1. 1. 04 5 ,, 5;, 0 Rases 'i'm 02/08/2011 :051P11 Official Records of HIIECES COUNTY LIANA T. OARRERA COUNTY CLERK Fees $91.00 Anu provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Rel.ision, Sexy Handicap Familial Status, or National Clrisin is invalid and unenforceable under FEDERAL. LAWJ, 3/12/89. STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by my and was du].i RECORDED in the Official Public Records of Nun. =.ces Counts, Texas Diana T. Parrera - eraMatottk.) z