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HomeMy WebLinkAboutC2012-044 - 2/28/2012 - ApprovedLICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This License Agreement ( "Agreement ") is made this day of 04W , 2012, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, Ronald L. Olson, under Article IX, Section 1, Corpus Christi City Charter, and Coastal Bend Bays and Estuaries Program, Inc. ( "Permittee "), acting through Ray Allen, Executive Director, its duly authorized officer. 1. The City is the owner of the following described real property ( "Property "): A metes and bounds description of the Property and site map are attached to and incorporated into this agreement as Exhibits A and B. 2. The Permittee desires to use the Property for construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River. 3. In consideration of the Permittee's construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River, through a grant from the Texas General Land Office — Coastal Management Program, and Permittee's covenants expressed in this Agreement, the City grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibits A and B, for the purposes stated in paragraph 2 of this Agreement, starting on January 1, 2012 and terminating on December 31, 2031. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager "), giving the Permittee in writing 3 days notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed plans for and a description of its proposed operation and maintenance of the water control structure to the City. D. INDEMNIFICATION. (1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND 2012 -044 M2012-046, 02/28/12 Coastal Bend Bays and Estuaries INDEXED 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 MUST, 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 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 ENVIONMENTAL 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 Rincon Delta CBBEP License 2012.docx 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 OTHER 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. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in Exhibit C, which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property may not interfere with the City's water supply operations, including required releases of fresh water into Nueces Bay and the Nueces River Estuary. Any construction or equipment installed by Permittee must be removed by the Permittee and the Property restored to its original condition, if requested by the City, before this Agreement expires. Rincon Delta CBBEP License 2012.docx G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. H. Permittee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office, I. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Failure to do so terminates this Agreement immediately. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. K. Before digging or doing any excavation on the Property, Permittee must verify depth and location of existing Water, Wastewater, Gas, C.P.& L., and S.W.B.T. lines, as well as ASCI, KMC, CSW, CAPROCK, and Metro Access Networks (MAN), communication fiber optic cables. Prior to the start of any excavation, the Permittee or Permittee's Agent must call the Texas One Call System (1- 800 -245- 4545), 1- 800 - DIG -TESS and Lone Star Notification Center (1 -800- 669 -8344) for locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. L. Permittee may not begin work without 24 hours prior notice to the C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ESPIRE, KMC, CSW, and CAPROCK, communication fiber optic companies. N. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. O. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). P. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of any improvements made to the Property under this Agreement. A half -day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour. Permittee must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. Rincon Delta CBBEP License 2012.docx Q. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. R. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. S. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits may be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. NOTE All references herein to Permittee include Permittee's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the ?Ve"'' day of e�P , 2012. ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: � - 6 day of vv , 2012 Lisa Aguilar, Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI D A41- n1 1 ,2, Ronald L. Olson U City Manager M�DIq' AUTHURUL1 SY Ct3UMCiL SECRETA�` Thi i tr e w s acknowl d ed before me on ��-► 2 , 2012, by ity aAaar of the City of Corpus Christi, a - texas municipal corporation, on behalf of the corporation. CAL" Notary Public State of Texas Rincon Delta CBBEP License 2012.docx �... � * TAMERA L. RILEY Notary PUbiiC . R _ STATE OF TEXAS iP ?yy�PigH' My Comm Exp. 05 -26 -2012 kiiNNN CAL" Notary Public State of Texas Rincon Delta CBBEP License 2012.docx Coastal Bend Bays and Estuaries Program, Inc., the Permittee agrees to keep and perform the conditions and be bound by all of the terms imposed by the License Agreement. Coastal Bend Bays and Estuaries Program, Inc. By: Name: Ray All Title: Executive Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 7` , 2012, by Ray Allen, Executive Director, on behalf of Coastal Bend Bay and Estuaries Program, Inc., a Texas non - profit corporation. 5FFO. ELIZABETH ANNE HULSE ; NVARYPpB� RATEOFTI gym- = ` ommem — Nota ublic '�,'��,�E 0'1 25 -201 3 State of Texas Rincon Delta CBBEP License 2012.docx I Exhibit A Navpon ttetaral 003 chori 0roti0n VaL 207. Pg. 343 a. R. S. P. C. T& 24.3 6 ACRES t� �c +' MOTORIANO TARES & PEDRO VILLAREAL } g� A — 32 John S. 1Acarepa• s 798.024 ACRES ¢ C. F. No. 415239 1 ''Q F R. P. Fi., 5. P. C., Tk. et 1 5 Br54'1 a � _ S7�'��f 1 ;a 1L20 529'39'75!1! ° L 291.84' ( lcul L2 y � PLAT SHOWING SURVEY OF A 10.73 ACRE TRACT, A 19-37 ACRE TRACT AND A 36.64 ACRE TRACT OUT OF THE VICTORIANO JUAREZ AND PEDRO ViLLAREAL SURVEY. ABSTRACT 32 SAN PATRICIO COUNTY, TEXAS SCALE 1 A = 500 FEET L Julius L Petrus, Jr., Registered -Professional Wind Surveyor of Texas, do hereby certify that this plot represents all actual survey made under my direction to the best of my knowledge on abiCty, this the 6th day of February, 2003. OF,T� t(ing & Petrua Inc. P. 0. Box 608 I. L PETRIJS, dR . Sinton. Texas 782187 11207 ' (fJJ Phone 361 -364 -2622 !o p a ?' Fax 361 -364 -2641 9y'•ESSti•'d Registered Prof. Land Survey C. \IQNG \15700 \15765 SUR* Texas Registration No. 1207 +l a If so � i a el Nh�+GStIm Co o. F T.. rf 3 �J �� I I ♦� W 140A0 I f EAS'ELIFNT 49'59 146481 ` f I 188 48' ' i FrD5'45"E 371.77' 340.85' L12 Thomas E. Finch L11 63.60 AC U Vol. 43, Pg. 372 1.10 D. R., S. P. C., Tn I L9 36.6 ACRES / f 'La , 1 L7 I AE f Fe es � Rly�� LS L4 I. 1� 1v � h n � � o u N L3 L2 Ls J. W. H. OLTMAN A - 212 5/r Lit. y 13e3.s9' ..,otcla CWNV Ca13N7Y There may, be existing pipelines not shown on this map. Use the Texas One Call System to locate pipelines before performing any excavation on this property. Bearings and Coordinates were determined by a GPS Survey from the Nueoes 2 Triangulation Station. X = 2274474.89, Y = 827041.03: NA0 27 Texas South Zone. ® Denotes a Found 5 /8 iron rod. * Denotes a point of intersection of the property boundary. There were no rods set. o Denotes a Set. 5/$" iron rod with surveyor's cop stamped "RPLS 1907 ", unless otherwise noted. The FEMA Flood Mope show that the property described herein is located in Flood Zone B and A24. Community Panel No. 485506 03490 March 18. 1984 Community Panel No. 4a5505 03650 March 18, 1984 The FE AA Floodway !daps show that the property described herein is located in a Roadway. Community Panel No_ 485505 0345C, Community Panel No. 485506 03650 0 Exhlbit 8 STATE OF TEXAS COUNTY OF SAN PATRICIO 16.99 Acre Tract Field notes of a 16.99 acre tract of land, being pail a 63.60 acre tract of land conveyed to Thomas E. Finch by deed recorded in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas, Said 16.99 acre tract is comprised of a portion of the Victorian Tares and Pedro Villareal Survey, Abstract 32, is situated in San Patrioio County, Texas, approximately 4 miles south of the town of Odem, and is described by metes and bounds as follows: Beginning at a point on the north bank of the Nueres River, in the south line of an 1432,393 acre tract of land previously surveyed, at the west corner of said 63.60 acre tract, and at an exterior corner of a 19.37 acre tract of land previously surveyed, for the southwest corner of this tract; whence the Nuems 2 Triangulation Station (X = 2274474.89, Y = 827041.03) bears N 25° 13' 38" W, a distance of 17,5 t 5.55 feet; Thence N 29 39' 15" E along the northwest line of said 63.60 acre tract, the southeast line of said 19.37 acre tract, and the northwest line of this tract, a distance of 281.84 feet to a 518" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of said 63,60 acre tract, an angle corner of said 19.37 acre tract, and an angle comer of this tract; Thence N 73 24' 15" E along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 322.22 feet to a 518" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract; Thence N 87 54' 15" E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 1464.81 feet to a 518" iron rod with survcyors cap stamped "RPLS 1907" set for an angle corner of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract;. Thence S 76° 05' 55" E continuing along the na line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 340.85 feet to a 518" iron rod wills surveyor's cap stamped "RPLS 1907' set in the west right -of- way line of the Missouri Pacific Railroad and at the southeast corner of said 19,37 acre tract, for the northeast corner of this tract; Thence S 04 49' 59" W along the west right -of -way line of said Missouri Pacific Railroad and the east line of this tract, a distance of 300.02 feet to a 518" iron rod with surveyor's cap stamped "12PLS 1907" set at the northeast tamer of a 36.64 acre tract of land previously surveyed, for the southeast corner of this tract; Thence S 89° 45' 00" W along the north line of said 36.64 acre tract and the south line of this tract, a distance of 2217.69 feet to the place of beginning, containing 16,99 acres of land, more or Jess, subject to all easements of record. Bearings and coordinates in this description were determined by a GPS Survey from the Nueces 2 Triangulation Station (X = 2274474.89, Y = 827041.03) NAD 27 Texas South Zone. : Prepared on on July 20, 2004. - 16989:JF 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 with applicable policy endorsements, 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 is required on Bodily Injury and Property Damage all certificates or by policy endorsement Per occurrence - aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products) Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury 8. AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired and Non -owned Vehicles 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 related to this agreement, Permittee must furnish the Risk Manager with copies of all reports related to this permit 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 agreement. 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 underthis 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 agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. CBBEP license agreement ins. req.- Rincon Channel 2 -10 -12 ep Risk Mgmt.