Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall

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EXHIBIT C INSURANCE REQUIREMENTS (a) Quali ping Insurers. All insurance policies shall be obtained from insurers authorized to do insurance business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code, having an A.M. Best Rating of A-VII or better. (b) Required Liability Insurance Coverage and Limits. (1) Workers' Compensation Insurance with statutory limits, and Employer's Liability Insurance with limits of not less than $1,000,000: Employers Liability - Each Accident $1,000,000 Employers Liability - Each Employee $1,000,000 Employers Liability - Policy Limit $1,000,000 (ii) Commercial General Liability Insurance with limits of not less than: Each Occurrence Limit $1,000,000 Personal & Advertising Injury $1,000,000 General Aggregate $2,000,000 Products - Completed Operations $1,000,000 (iii) Business Auto Liability Insurance covering all owned, non -owned or hired automobiles, with limits of not less than $1,000,000 combined single limit of liability per accident for Bodily Injury and Property Damage; (iv) Professional Liability (E&O) with minimum limits of $1,000,000 per occurrence and aggregate to be maintained for the duration of the agreement and three years following its termination; and (v) Umbrella/excess liability insurance with limits of not less than $2,000,000, per occurrence. Such umbrella coverage will be excess over and at least as broad as the underlying coverage as required for Employer's Liability, Commercial General Liability and Business Auto Liability under subsections (1), (ii) and (iii) foregoing, respectively. Inception and expiration dates will be the same as the underlying policies. Drop down coverage will be provided for reduction or exhaustion of underlying aggregate limits and will provide a duty to defend for any insured. (c) Endorsements. All Insurance Policies (with the exception of workers' compensation and employer's liability) will be endorsed and name City of San Marcos, Texas as additional insureds for liability caused in whole or in part by the Developer's acts or omissions with respect to its on- going operations up to the actual liability limits of the required insurance policies maintained by the Developer. Commercial General Liability Additional Insured status, including ongoing and completed operations coverage, will be submitted with the certificates of insurance required above. Commercial General Liability and Business Auto Liability will include primary and non- contributory coverage in favor of the City. (d) Waivers of Subro ate. The Developer hereby waives and will cause each contractor or subcontractor to waive all rights of subrogation against the City. All Insurance Policies required CONCEPTUAL PLANNING AGREEMENT (HOPKINS REDEVELOPMENT PROJECT) ExHmIT C