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HomeMy WebLinkAboutC2011-516 - 12/13/2011 - Approved4 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THAT the City of Corpus Christi ( "CITY "), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager, Ronald L. Olson, in accordance with Article IX, Section 1 of the Corpus Christi City Charter, and in consideration of Five Hundred and Sixty Dollars ($560.00), paid by Pietsch Realty Investments, LLC., the owner of 326. N. Chaparral Street, Corpus Christi, Texas, and permittee herein, ( "PERMITTEE "), whose business office is located at 4938 South Staples, Corpus Christi, 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 use an area that is a 4' x 20' section (80 square foot portion) of public CITY sidewalk right -of -way as an outdoor seating space (hereinafter "USE PRIVILEGE AREA "), located adjacent to 326 N. Chaparral Street, within the CITY, Nueces County, Texas. (See Exhibit "A" for Site Map and Exhibit "B" for Site Plan, 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 CITY sidewalk right -of -way, also known as the USE PRIVILEGE AREA, to repair or maintain said area and it is further understood that the use privilege of the area 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'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. Any appropriately approved assignment of this AGREEMENT to any tenant of PERMITTEE, or other successor or assign, shall cause all terms and conditions of this AGREEMENT to become binding upon said tenant, successor or assign. 'All references herein to PERMITTEE include PERMITTEE'S contractor(s), agent(s) and ernployee(s), if applicable. 2011 -516 12/13/11 Ord 029326 Pietsch Realty Investments, LLC INDEXED Use Privilege Agreement Pietsch Realty Investments Page 2 of 8 D. With regard to the seating space located within the USE PRIVILEGE AREA: 1. PERMITTEE must provide a minimum thirty -six inch (36 ") clearance between the existing parking meters and any tables or chairs located within the overall nine foot eight inch (9'- 8 ") width area of the sidewalk. 2. PERMITTEE must provide a minimum door way turn clearance of sixty inches (60"), in compliance with the American Disabilities Act (ADA). 3. PERMITTEE shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the USE PRIVILEGE AREA is used for such a purpose. 4. PERMITTEE shall not place any tables or chairs in the USE PRIVILEGE AREA other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a CITY right -of -way overnight, except as specifically authorized by the CITY MANAGER. E. As this USE PRIVILEGE AREA is in full view of public, it shall be maintained in a neat and orderly fashion, without visible trash or other unsightly debris. F. PERMITTEE shall acquire and maintain commercial general liability insurance pertaining to the USE PRIVILEGE AREA and the activities related to the USE PRIVILEGE AREA 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, OWNER 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 MANAGER. G. Should construction become necessary for the proposed use of the USE PRIVILEGE AREA, construction plans and specifications for all proposed work shall be submitted to the CITY MANAGER 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. PERMITTEE shall also comply with any other laws and ordinances applicable to construction in the CITY, including obtaining all required permits. H. Prior to the start of any approved construction, 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 K:\ Legal\ SHARED \LEGAL- DEV.SVCS \2011Agenda\Aria Night Club \11- 7- 11UPA.DWBFinaLdoc Use Privilege Agreement Pietsch Realty Investments Page 3 of 8 CITY, its officers, employees and agents in the same manner that PERMITTEE has provided indemnification to the CITY. PERMITTEE shall provide all necessary and proper safety devices so as to prevent injuries or accidents, in as much as possible. J. At least 48 hours prior to beginning any approved construction, 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 any approved construction, PERMITTEE shall give notice, and verify depth and location of communication lines and/or communication fiber optic cables, whichever are 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; A CITY Inspector may request a utility line be uncovered to verity its depth or location. K. Any construction process and use of the USE PRIVILEGE AREA 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 AREA to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The PERMITTEE shall repair the USE PRIVILEGE AREA to its original condition or cease to use the USE PRIVILEGE AREA, at which time this AGREEMENT terminates immediately. L. Traffic Engineer Requirements, if applicable: 1. At least 48 hours prior to commencing approved construction, 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. K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFinaI.doc Use Privilege Agreement Pietsch Realty Investments Page 4 of 8 2. Should PERMITTEE require a trench, pit or the like be dug during approved construction, 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 "R." for additional requirements regarding trench(s), pit(s) and the like.) M. 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. N. Should construction become necessary near existing water or wastewater lines, PERMITTEE shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. 4. If any approved work is conducted near any existing water main it 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 AREA. 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 AREA, including any costs associated with said repair and maintenance. Should damage occur to the USE PRIVILEGE AREA, 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 AREA. K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFinal.doc Use Privilege Agreement Pietsch Realty investments Page 5 of 8 R. If a trench, pit or the like is required during approved construction, 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 "L.(2)." for additional requirements regarding trench(s), pit(s) and the like.] S. If backfilling becomes necessary, 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. T. The CITY shall cause this AGREEMENT to become effective upon date of execution by the CITY MANAGER, as indicated below. U. INDEMNIFICATION. 1. OWNER/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. K:\ Legal\ SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFinal.doc Use Privilege Agreement Pietsch Realty Investments Page 6 of S 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 U. 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 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 K: \Legal \SHARED \LEGAL- DEVSVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFina1.doc Use Privilege Agreement Pietsch Realty Investments Page 7 of 8 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. EXECUTED IN DUPLICATE originals this 1 day of De&14 20 Acceptance Todd Pietsch, Manager of Pietsch Realty Investments, LLC, on behalf of Pietsch Realty Investments, LLC, hereby accepts the above AGREEMENT and its terms and conditions and further agrees to keep and perform the conditions imposed by said AGREEMENT and to be bound by all terms of same. Pietsch Realty Investments, LLC 4938 South Staples Corpus Christi, Texas, 78411 By. Todd Pietsch, Manager Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on R 01f,01 LO 2011, by Todd Pietsch, Manager, on behalf of Pietsch Realty Investments, LLC, a limited liability corporation. 6, 4 0 o ublic ' LESLIE MESSER State of Texas * Notary STATE afi TEXAS MY Comm. Exp. Feb. 97, 2015 K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFinal.doc Use Privilege Agreement Pietsch Realty Investments Page 8 of 8 Attestation IN TESTIMONY WHEREOF, the City of Co r us Christi has caused these presents to be executed on this the I Le t ' day of , 20 __L� i . ATTEST: CITY By: onald City ME Acknowledgement S CHRISTI Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This i st m nt was ,,,��acknowledged before me on l� , 20 t by Isor'I, Ma of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. �% T'AMERA L. RILE' Notary Public W STATE OF TEXAS My Comm, Exp. Ob -26 - 2072 Notary Public State of Texas Legal Approval APPROVED AS TO LEGAL FORM thi day of , 20 Carlos Valdez City Attorney By: c � eborah Walther Br Assistant City Attorn y For City Attorney .AU I h9t±hLLL. SECRETAR +'L K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11LJPA.DWBFinal.doc PEOPLES ST a W REMMA 5 4 3 O 7 G 7 3 .d 6 2 } 8 � Q y 18 5 W 7 O 0 4 8 6 Q 3 �. a 1 a 2 y 4 m (V. r c A 7 LAS FN s e CE s r 9 7 5 7 4 8 .E C H 3 9 ►� 2 0 4 co 1 3 V 8 I 3 Q` 9 12 Y 4 ARIA SKY TERRACE 7 6 { 5 �r 9 ® 4 4 10 3 31) 2 1 s � ScN 9 5 A 326 N. CHAPARRAL ST 3 5 7 1 4 2 3 ® 9 1 10 y � 5 7 8 9 10 11 / e , 7 8 9 10 11 2 �v O 8 y 9 0 wwf 1 --- _ -• -• - Reared B : ORR CNANNa / Corpus Christi Bay USE PRIVILEGE AGREEMENT SUBJECT . EXHIBIT A Of LAWRENCE STREET (R.o_W-) 5 • I OVER ALL WO)TH OF SIDEWALK 9' -8 112' 168' ,� TO INTERSECTION OF �TO INTERSECTION OF LAWRENCE & CHAPARRAL LAWRENCE 8 N. WATER I 4' � i AREA TO BE USED UDDER USE M%ALEGE AGREEMENT I I I EXISTING BUILDING SCALE 114' r' EXHIBIT B EXHIBIT C 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, Bodily Injury and Property Damage material change or termination is required on all Per occurrence - aggregate certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 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 AUTOMOBILE LIABILITY — OWNED, NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY $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. 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 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.