HomeMy WebLinkAboutC2021-134 - 4/20/2021 - Approved PARK IMPROVEMENT AGREEMENT
PER UDC § 8.3.8
STATE OF TEXAS §
COUNTY OF NUECES §
This PARK IMPROVEMENT AGREEMENT ("Agreement") is entered into between the City of
Corpus Christi ("City"), a Texas home-rule municipal corporation and Yorktown Oso Joint
Venture and Braselton Development Company, Ltd, ("Developer").
WHEREAS, the Developer is developing certain real property located in Corpus
Christi, Nueces County, Texas, being 12.15 acres out of Lots 1 through 3, Section 24, and
Lots 30 and 31, Section 25 Flour Bluff and Encinal Farm and Garden tracts, , and the
Developer desires to develop and plat the Property as Rancho Vista Unit 17 (Exhibit 6);
WHEREAS, the developer is developing Rancho Vista Subdivisions being
approximately 395 acres;
WHEREAS, the Developer intends to construct future parks within the boundary of the
Rancho Vista Preliminary Plat (Exhibit 1);
WHEREAS, the Developer is proposing to dedicate land & construct park
improvements in lieu of the community enrichment & park development fees described in
Subsection 8.3.6 & 8.3.7. set forth in Exhibit 2, in the Rancho Vista subdivision;
WHEREAS, the Developer also desires credit in the amount of$130,303.93 as shown
in Exhibit 3 for previous park improvements within the Rancho Vista Subdivision;
WHEREAS, it is in the best interests of the City to have the park improvements
installed by the Developer in conjunction with the Developer's final Plat; and
WHEREAS, this Agreement is made pursuant to Article 8, Section 8.3.8, of the Unified
Development Code of the City of Corpus Christi (UDC).
NOW, THEREFORE, in order to provide construction of park improvements, the City and the
Developer agree as follows:
Section 1. RECITALS. The parties agree that the language contained in the recitals of
this Agreement is substantive in nature, is incorporated into this Agreement by reference, and
has been relied on by both parties in entering into and executing this Agreement.
Section 2. TERM. The term of this Agreement (the "Term") is 30 years from the date of the
last signatory to this Agreement.
Page 1 of 14
SCANNED
Section 3. PARK IMPROVEMENT IN LIEU OF FEES.
(a) Pursuant to this agreement, the Developer is granted a Park Development credit of
$130,303.93 for previous construction of park improvements, fee in lieu of land, and park
development fee contributions for the Rancho Vista Subdivision as shown in Exhibit 3. Park
Development credit is only applicable to the Rancho Vista Subdivision, as shown in Exhibit
1.
(b) Subject to the terms of this Agreement, the Developer will dedicate land and construct the
park improvements within the Rancho Vista Subdivisions, as shown in Exhibit 2 in
accordance with the plans and specifications approved in advance of construction by the
Director of Parks and Recreation on behalf of the City. The Developer shall submit plans and
specifications to the Director of Parks and Recreation 120 days prior to recordation of the
final plat. Should no plans be submitted 120 days prior, the park improvement is not
authorized under this agreement. If plans are submitted within the specified time, the Director
of Parks and Recreation has 60 days to approve, deny or approve with conditions. If no
response is provided by the Director, the plans shall be deemed approved.
The Developer shall construct the park improvements in lieu of paying the community
enrichment and park development fees as described in Subsection 8.3.6 & 8.3.7 of the UDC.
Upon receipt by the Development Services Department of a letter of completion of the park
improvements described in Section 4, the Developer shall receive credit for an amount to be
approved by the Director of Parks and Recreation based on land value and actual
improvement expenses for Rancho Vista 17 and Future park development authorized by the
Director of Parks and Recreation for community enrichment and park development fees in
accordance with Subsection 8.3.8 of the Unified Development Code and can be carried
forward to future plats in Rancho Vista subdivisions, as shown in Exhibit 1. Any remaining
credit may be used for future Subsection 8.3.6 UDC fee in lieu of land requirements for plats
& Subsection 8.3.7 UDC fee in lieu of park improvements. within the approved Rancho Vista
Preliminary Plat.
Section 4. PARK MAINTENANCE. The parties agree that upon completion of the parks, a
Homeowners Association (the Owners Association of Rancho Vista) will maintain the parks
(Rancho Vista Park System) in accordance with Park Maintenance agreement (Exhibit 4).
Section 5. PERFORMANCE AND PLAT RECORDATION. The parties agree that the parks
shall be constructed prior to the recording of the final Plat. In lieu of final completion, a
financial guarantee may be provided for the park improvement in accordance with
Subsections 8.3.8 & 8.1.10 UDC.
Section 6. INSPECTIONS. Throughout construction, the City may conduct periodic
inspections and either approve the progress of the Project or promptly notify the Developer of
any defect, deficiency, or other non-approved condition in the progress of the Project. Prior to
construction, Developer and Director of Parks and Recreation will agree to an inspection
schedule in writing.
Page 2 of 14
Section 7. INDEMNIFICATION.
PRIOR TO THE TRANSFER OF THE PARK TO THE CITY AS
CONTEMPLATED BY THIS AGREEMENT, DEVELOPER SHALL
FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY
OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES,
AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL
SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS,
EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS
RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY
AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY
ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS'
COMPENSATION, PERSONAL INJURY OR DEATH,
PROXIMATELY CAUSED BY DEVELOPER'S NEGLIGENCE
ARISING FROM OR RELATED TO THE CONSTRUCTION OF THE
PARK IMPROVEMENTS.
Section 8. DEFAULT. The following events shall constitute default:
1. Developer fails to submit plans and specifications to Development Services for the
Project for review by the City's Director of Parks and Recreation or designee in advance
of construction.
2. Developer does not reasonably pursue the Project under the approved plans and
specifications.
3. The Developer fails to dedicate and construct future parks identified in Exhibit 2, under
the approved plans and specifications on or before the recordation of the final plat .
4. Either the City or the Developer otherwise fails to comply with its duties or obligations
under this Agreement.
Section 9. NOTICE AND CURE.
1. In the event of a default by either party under this Agreement, the non-defaulting party
shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient
detail, the nature of the default and the requirements to cure such default.
2. After delivery of the default notice, the defaulting party has 15 days from the delivery of
the default notice ("Cure Period") to cure the default.
3. In the event the default is not cured by the defaulting party within the Cure Period, then
the non-defaulting party may pursue its remedies in this section.
Page 3 of 14
4. Should the Developer fail to perform any obligation or duty of this Agreement, the City
shall give notice to the Developer, at the address stated in section 13, of the need to
perform the obligation or duty and, should the Developer fail to perform the required
obligation or duty within 15 days of receipt of the notice, the City may perform the
obligation or duty, charging the cost of such performance to the Developer.
5. In the event of an uncured default by the Developer, after the appropriate notice and
Cure Period, the City has all its common law remedies and the City may:
a. Terminate this Agreement after the required notice and opportunity to cure the
default;
b. Cease to provide credit for the Community Enrichment & Park Development Fees
to unrecorded and future plats in the Rancho Vista Preliminary Plat.
6.In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Developer has all its remedies at law or in equity for such default.
Section 10. FORCE MAJEURE.
1. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of a public enemy;
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
2. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure shall
give written notice of the full particulars of the force majeure to the other party within 10
days after the occurrence or waive the right to claim it as a justifiable reason for delay.
The obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Section 11. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this
Agreement may not be assigned by the Developer to another without the written approval
and consent of the Director of Parks and Recreation. provided, however, Developer may
assign its rights and obligations under this Agreement in writing to a wholly-owned subsidiary
or affiliate of Developer without any prior written approval or consent of any party or person.
Section 12. NOTICES.
1. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
Page 4 of 14
If to the City: If to the Developer:
City of Corpus Christi Yorktown Oso Joint Venture
Attn: Director, Parks and Recreation Fred Braselton, Managing Partner
1201 Leopard Street/78401 5337 Yorktown Boulevard — Suite 10D
P.O. Box 9277/78469-9277 Corpus Christi, Texas 78413
Corpus Christi, Texas
with a copy to:
City of Corpus Christi Braselton Development Company, Ltd
Attn: Asst. City Manager, Fred Braselton, General Partner
Business Support Services 5337 Yorktown Boulevard — Suite 10D
1201 Leopard Street/ 78401 Corpus Christi, Texas 78413
P. O. Box 9277 / 78469-9277
Corpus Christi, Texas
City of Corpus Christi
Attn: Director, Development Services
2406 Leopard Street/78401
P. O. Box 9277 /78469-9277
Corpus Christi, Texas
2. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that provides
proof of delivery, delivery prepaid; or by personal delivery.
3. Either party may change the address for notices by giving notice of the change, in
accordance with the provisions of this section, within five business days of the change.
Section 13. NO JOINT VENTURE. It is acknowledged and agreed by the Parties that the
terms hereof are not intended to and shall not be deemed to create any partnership or joint
venture between the parties.
Section 14. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code § 2-349,
the Developer agrees to complete the Disclosure of Interests form attached to this Agreement
and incorporated by reference as Exhibit 5.
Section 15. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of"interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
Page 5 of 14
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
Section 16. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index
Section 17. SEVERABILITY. The provisions of this Agreement are severable and, if any
provision of this Agreement is held to be invalid for any reason by a court or agency of
competent jurisdiction, the remainder of this Agreement shall not be affected and this
Agreement shall be construed as if the invalid portion had never been contained herein.
Section 18. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this
Agreement contains the entire agreement of the Parties regarding the sharing of costs for the
Project and supersedes all prior or contemporaneous understandings or representations,
whether oral or written, regarding the subject matter hereof.
Section 19. AMENDMENTS. Any amendment of this Agreement must be in writing and shall
be effective if signed by the authorized representatives of both Parties.
Section 20. APPLICABLE LAW: VENUE. This Agreement shall be construed in accordance
with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas.
Section 21. AUTHORITY. Each Party represents and warrants that it has the full right, power
and authority to execute this Agreement.
(SIGNATURE PAGES FOLLOWS)
Page 6 of 14
EXECUTED in one original this 12)‘)V day of , 202p.f
ATTEST: CITY OF CORPUS CHRISTI
[q1,41/1T—A
Rebe ca Huerta Petef`Zanoni
City Secretary City Manager
S% -5 a..AU IUIW-'..
THE STATE OF TEXAS § sY (COUNCIL
COUNTY OF NUECES § SEC�RETLARY
This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi,
Texas, and acknowledged before me on the 1311\ day ofri\tky, , 20204
.0gY PUB SAW JEAN BRUNKENHOEFEA
Notary Public, State of Texas v `#Z IDN 12y -
Public
`' Esq STATE OF TEXAS
°r myComm. Exp.
08-28-2021 I
THE STATE OF TEXAS § � `"�~"`� � `� � � ��
COUNTY OF NUECES §
This instrument was signed by Peter Zanoni, City Manager, fort e City of Corpus Christi,
Texas, and acknowledged before me on the L3\ day of / A2020.1
1 .J C
B SARAH JEAN BRUN HOEFER
ID-I 12954066-5
Notary Public, State of Texas *' Nory PubT l1b My Comm. Exp. 08-28-2021
I -4' --s7v v v v
APPROVED AS TO FORM: This day of n t' , 2020.1
Buck Brice
Assistant City Attorney
For the City Attorney
Page 7 of 14
DEVELOPER: Yorktown Oso Joint Venture & Braselton Development Company, Ltd
77/21-7z0
red Braselton Date
Managing Partner
SUZANNE HONEA
STATE OF TEXAS _��� Notary ID X130560604 I
91,,v My Commission Expires
§ 4 0l tFebruary 29,2024
COUNTY OF NUECES §
This instrument was acknowledged before me on bce b r 2/1 , 2020, by
Fred Braselton, Managing Partner, Yorktown Oso Joint Venture (a Texas pint venture) and
Braselton Development Company, Ltd (a Texas Limited Partnership), , on ehalf of said
companies.
;public's Signat1 e
Attached and Incorporated by Reference:
Exhibit 1: Preliminary Plat Map
Exhibit 2: Location of Parks to be Dedicated and Improved
Exhibit 3: Credit for Previous Park Contributions
Exhibit 4: Park Maintenance Agreement
Exhibit 5: Disclosure of Interest
Exhibit 6: Rancho Vista 17 plat
Page 8 of 14
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Exhibit 3- RANCHO VISTA SUBDIVISION PARK IMPROVEMENTS
PARK COST- UNIT 1 $ 114,585.00
Fees not paid Unit 1 $ (30,064.00)
Fees not paid Unit 3 $ (15,316.00)
Fees not paid Unit 4 $ (9,969.00)
Fees not paid Unit 4A $ (4,702.00)
Fees not paid Unit 3A $ (6,223.00)
Fees not paid Unit 2 $ (5,965.00)
Fees not paid Unit 5 $ (7,339.00)
Fees not paid Unit 6 $ (9,836.00)
Fees not paid Unit 7 $ (11,071.00)
Fees not paid Unit 8 $ (21,816.00)
UNIT 9 PARK COSTS $ 50,526.74
Fees paid for Unit 9 $ 6,574.00
Fees paid for Unit 10 $ 12,580.00
Fees paid for Unit 11 $ 13,260.00
Fees not paid Unit 12 $ (26,258.00)
Fees not Paid Unit 13A $ (11,120.00)
COST OF UNIT 14 PARK $ 128,845.25
Fees not paid Unit 14 $ (1,720.00)
Fees not paid Unit 14 $ (6,828.40)
Fees Paid for Unit 15 $ 17,550.00
Fees not paid Unit 16 $ (14,457.33)
Fees paid for Unit 16 $ 4,542.67
Fees not Paid Unit 17 $ (8,600.00)
Fees not Paid Unit 17 $ (26,875.00)
Total Credit $ 130,303.93
Page 11 of 14
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City of Corpus Christi,Texas
Department of Development Services
City of P.O.Bos 9277
Corpus Christi,Texas 78469-9277
klI (361)826-3240
_ Corpus Located at: 2406 Leopard Street
=Christi (Comer of Leopard St.and Port Ave.)
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DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with DNA".
NAME:
STREET: CITY: ZIP:
FIRM is: ['Corporation ❑ Partnership ❑ Sole Owner El Association ❑Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department(if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to
the City of Corpus Christi,Texas as changes occur.
Certifying Person: r/=t t.D2 62/1-SG�Z.r�/t-) Title: 71-7 G)//(7Cr 4-i21/6-37c
(Print) //
ii- -,/
Signature of Certifying Person: —�6 c--,J' 40(1 Date: / ZA°(
K\DEVELOPMENTSVCS\SDARFDII.AND DEVELOPMENTIORDIN.ANCE ADMINISTRATION1APPLICATION FOR.MSSFORMS AS PER LEGAL\20121DISCLOSURE OF INTERESTS
STATEMENTI27.12.DOC
PARKS MAINTENANCE AGREEMENT
This Parks Maintenance Agreement (AGREEMENT) is made by and between the City of Corpus
Christi ("City") and Owners Association of Rancho Vista, ("HOA") and refers to all public parks in
the Rancho Vista subdivision. By signature below, the parties agree as follows:
Section 1. Definitions
Park System:The park system including existing and future parks located within the Rancho Vista
Subdivisions (Exhibit 1).
Section 2. Background.
HOA has previously maintained the Park System and will continue to provide maintenance of the
Park System, subject to City's ownership and provision of water to the Parks in the same manner
water is provided to similar parks within the City.
Section 3. Purpose.
This AGREEMENT is entered into to establish the obligations between the parties regarding Park
maintenance.
Section 4.Term
This AGREEMENT becomes effective and is binding after the date of final execution by all parties.
The AGREEMENT automatically renews for additional one-year terms unless amended or
terminated in writing by either party.
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.
E. HOA maintains responsibility to repair and replace irrigation components at the Parks
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 A.
Frequency Schedule
Jan 1 Feb Mar 1 Apr May Jun Jul Aug Sep Oct Nov Dec
Mow, edge, weedeat,
power blow walks and 2 2 3 3 3 3 3 3 3 3 2 2
curbs,weed beds
Remove all litter Every visit
Trim plants and trees to
remove dead As needed
vegetation or for
accessibility
Apply herbicide,
pesticide and fertilizer As needed
Monitor irrigation
system (repair as Every visit
needed)
Inspect play and park
elements Every visit
Section 6. Responsibilities of City
City is responsible for the water to the park system in the same manner water is provided to
similar parks within the City-In the event of a drought or water restrictions, water will be
restricted in the same manner water is restricted to similar parks within the City.
Section 7. Notices.
Any notices under this AGREEMENT 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 8. 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 HOA both lawn maintenance contractors
or subcontractors under this Agreement.
Section 9. Authority.
Each Party represents and warrants that it has the full right, power and authority to execute this
Agreement
EXECUTED in one original this --I day of (-96 -.8--- .06'/2- , 2020.
OWVNERS�AS4 OF RANCHO VISTA, INC
�r !kJ-SO
, 2,(2412_0
Bart Braselton Date
Manager
eArk, SUZANNE HONEA
_ r NotaryIDN#130560604
� 'cM Commission Expires
STATE OF TEXAS § o February 29,
COUNTY OF NUECES § //` /
This instrument was acknowledged before me on 40- 2( , 2020,
Lby Bart Braselton, Manager, Owners Association of Rancho Vista, Inc, a,Texas non-profit,
on behalf of said company. /
-7.
i
•
Notary Public's sigriature
ATTEST: CITY OF CORPUS CHRISTI
Digitally signed by Sarah F.
-- e Jo si c c iL i--(--it i/vt ----- Sarah F. Munoz, P.E. Munoz,P.E.
Date:2021.04.22 10:03:07-05'00'
Rebecca Huerta Sarah F. Munoz, P.E.
City Secretary Interim Director,Parks and Recreation
APPROVED AS TO FORM: `
Buck Brice
Assistant City Attorney
For the City Attorney
EXHIBIT A
INSURANCE REQUIREMENTS
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 furnish the Risk Manager with copies of all reports
of such accidents within ten(10)days ofthe 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
amounts 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. If your insurance company uses the
standard ACORD form,the cancellation clause(bottom right) 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.