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Home My WebLink About09854 ORD - 07/22/1970JRR:.IKH:7 -22 -70 • TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER AN AMENDED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND LICHTENSTEIN'S, INC., PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF THE LICHTENSTEIN'S PROPERTIES, A COPY OF WHICH AMENDED MEMORANDUM OF AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION I. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AMENDED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND LICHTENSTEIN'S, INC., A TEXAS CORPORATION, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF LICHTENSTEIN'S PROPERTIES, A COPY OF WHICH AMENDED MEMORANDUM OF AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREE- MENT HEREINABOVE REFERRED TO CREATES A PUBLIC EMERGENCY AN AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE Y OF JULY, 1970. ATTEST: 111-'*"vr'__ /'/', -, - CITY SECR 1T ' Y A P DIVED: DAY OF JULX 1970: 1_ TING CITY ATNEY MA THE CITY OF CORPUS CHRISTI, TEXAS 7-22-70 • THE STATE OF TEXAS Q COUNTY OF NUECES THIS AMENDED MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN LICHTENSTEIN'S, INC., A TEXAS CORPORATION WITH PRINCIPAL OFFICES AT 4O1 NORTH CHAPARRAL STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION OF NUECES COUNTY, TEXAS, W I T N E S S E T H: THAT WHEREAS, LICHTENSTEIN BUILDING CORPORATION, HOTELS, INC., AND A.A. LICHTENSTEIN, TRUSTEE, ARE THE OWNERS OF LOTS ONE (1), TWO (Z), ELEVEN (11), AND TWELVE (12), BLOCK TWELVE (12), BEACH PORTION ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TOGETHER WITH THE BUILDINGS THEREON SITUATED; AND WHEREAS, LICHTENSTEIN'S, INC. IS THE OWNER OF A LONG -TERM LEASE COVERING THE LOTS AND SUCH BUILDINGS, TOGETHER WITH OTHER ADJACENT BUILD- INGS, CONDUCTING A DEPARTMENT STORE OPERATION THEREON, AND, AS SUCH, FOR THE TERM OF THIS PERMIT SHALL BE IN CONTROL OF SUCH PROPERTIES; AND WHEREAS, LOTS ONE (1) AND TWO (P) ABOVE DESCRIBED FACE ON CHAPARRAL STREET IN SAID CITY FOR A DISTANCE OF ONE HUNDRED FEET (100') ON THE WESTERLY SIDE OF CHAPARRAL STREET AT ITS INTERSECTION WITH LAWRENCE STREET, AND LOTS ONE (1) AND TWELVE (12) SIDE ON LAWRENCE STREET IN SAID CITY FOR A DISTANCE OF THREE HUNDRED FEET (300') ON THE NORTHERLY SIDE OF SAID STREET BETWEEN THE INTERSECTIONS OF LAWRENCE STREET WITH MESQUITE STREET AND WITH CHAPARRAL STREET; AND WHEREAS, LICHTENSTEIN'S, INC. IS DESIROUS OF BEAUTIFYING THE CURB LINES OF LAWRENCE STREET AND CHAPARRAL STREET CONTIGUOUS TO ITS DEPARTMENT STORE BUILDING BY THE PLANTING AND MAINTAINING OF LIVE, GROWING TREES IN PLANTING WELLS FOR THE SUPPORT OF SUCH TREES, ALONG THE CURB LINE OF LAWRENCE STREET AND CHAPARRAL STREET CONTIGUOUS TO ITS DEPARTMENT STORE OPERATION: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT LICHTENSTEIN'S, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS HAVE AND DO MUTUALLY AGREE AS FOLLOWS: I., THAT WHERE THE SIDEWALK IS REMOVED TO ACCOMMODATE THE PLANTING WELLS, HERETOFORE AGREED TO BY AGREEMENT DATED FEBRUARY 10, 1960, LICHTENSTEIN'S, INC. WILL MAINTAIN A PROTECTIVE RETAINING WALL AROUND THE CIRCUMFERENCE SO THAT THERE WILL BE NO UNEVEN OR OPEN AREAS. THAT GROWING TREES WILL BE TRANSPLANTED IN THE AFORESAID PLANTING WELLS, WHICH TREES SHALL BE FREE OF FOLIAGE AND/OR BRANCHES BELOW A SIX AND ONE -HALF FEET PEDESTRIAN CLEARANCE FROM THE SURFACE OF THE SIDEWALK. THAT THEREAFTER, LICHTENSTEIN'S, INC. SHALL MAINTAIN SUCH TREES AND THE AREAS IN WHICH THEY ARE PLANTED IN AN ORDERLY, CLEAN, WELL - TRIMMED, AND WELL -KEPT MANNER AND, FAILING TO DO SO, THE CITY OF CORPUS CHRISTI SHALL HAVE THE RIGKT TO MAINTAIN SUCH TREES AND THE AREAS IN WHICH THEY ARE PLANTED IN AN ORDERLY, CLEAN, WELL- TRIMMED, AND WELL -KEPT MANNER AT THE SOLE EXPENSE OF LICHTENSTEIN'S, INC. PROVIDED, HOWEVER, THAT IN THE EVENT LICHTENSTEIN'S, INC. ELECTS TO ABANDON SUCH PROJECT AT ANY TIME IT MAY DO SO, IN WHICH EVENT IT WILL RESTORE THE SIDEWALK AREA TO THE AS REASONABLY GOOD CONDITION AS THE CONTIGUOUS SIDEWALK AREA THERETO, IT BEING INTENDED THAT THE CITY OF CORPUS CHRISTI MAY NOT MAINTAIN THE PROJECT AT THE EXPENSE OF LICHTENSTEIN'S, INC. IF LICHTENSTEIN'S, INC. ELECTS TO ABANDON THE PROJECT. ANY TREES DYING SHALL EITHER BE REPLANTED PROMPTLY OR THE LOCA- TION SHALL BE ABANDONED AND THE SIDEWALKS REPAIRED IN A GOOD, WORKMANLIKE MANNER COMMENSURATE WITH THE CONTIGUOUS SIDEWALK AREA. LICHTENSTEIN'S, INC. MAY, AT ITS OPTION AND WITHIN THE EARTH AREA OF THE PLANTING WELL, PLANT FROM TIME TO TIME SEASONABLE GROWING FLOWERS, AS FURTHER BEAUTIFICATION. EXCEPT AS HEREINAFTER PROVIDED, THE CITY OF CORPUS CHRISTI GRANTS TO THE SAID LICHTENSTEIN'S, INC. ITS PERMISSION TO CONSTRUCT AND MAINTAIN SUCH PLANTED AREA FOR A TERM DETERMINABLE BY LICHTENSTEIN'S, INC. PRO- VIDED, HOWEVER, THAT THE PERMISSION HEREIN GRANTED BY THE CITY OF CORPUS CHRISTI SHALL NOT BE IN DEROGATION OF THE CITY CHARTER AND SUCH PERMISSION IS GRANTED FOR A TERM CO- EXTENSIVE WITH THE MAXIMUM PERIOD PERMITTED BY THE CITY CHARTER WITHOUT THE CALLING OF AN ELECTION. ' IN CONSIDERATION FOR THE CITY OF CORPUS CHRISTI HAVING GRANTED THE FOREGOING PERMISSION, FOR SO LONG AS SUCH BEAUTIFICATION PROJECT IS MAINTAINED, LICHTENSTEIN'S, INC. AGREES TO HOLD THE CITY OF CORPUS CHRISTI FREE AND CLEAR OF ANY AND ALL CLAIMS ARISING OUT OF THE BEAUTIFICATION -2- PROJECT AND RESULTING IN THE INJURY TO ANY PERSON OR PERSONS OR THE DAMAGE TO ANY PROPERTIES. LICHTENSTEIN'S, INC. FURTHER AGREES, AT ITS EXPENSE, TO DEFEND THE CITY OF CORPUS CHRISTI IN ANY SUCH PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS AND TO REPAY ANY DAMAGES ARISING FROM SUCH CLAIMS, OR TO REIMBURSE FORTHWITH THE CITY OF CORPUS CHRISTI, TEXAS ANY MONIES WHICH IT MAY BE CALLED UPON TO PAY BY REASON OF ANY SUCH CLAIMS. PROVIDED FURTHER, THAT THE CITY OF CORPUS CHRISTI MAY AT ITS ELECTION AND AT THE SOLE COST AND EXPENSE OF LICHTENSTEIN'S, INC. REMOVE ALL TREES PLANTED, OR OTHER VEGETATION PLANTED AS PROVIDED FOR IN THIS AGREEMENT, AND REPAIR SUCH SIDEWALKS IN A UNIFORM MANNER, WITHOUT FURTHER NOTICE, AT SUCH TIME AS LICHTENSTEIN'S, INC. IS SOLD OR IN THE EVENT LICHTENSTEIN'S, INC. SHOULD BE DECLARED A BANKRUPT. PROVIDED FURTHER, AND ON OR BEFORE THE EXECUTION OF THIS AGREEMENT ON BEHALF OF THE CITY OF CORPUS CHRISTI, LICHTENSTEIN'S, INC. SHALL FURNISH TO THE CITY OF CORPUS CHRISTI AN INSURANCE CERTIFICATE ISSUED BY A REPUTABLE, RESPONSIBLE AND RECOGNIZED INSURANCE COMPANY, SHOWING THAT LICHTENSTEIN'S, INC. IS INSURED AND THE CITY OF CORPUS CHRISTI IS CO- INSURED TO AN EXTENT OF NOT LESS THAN $100,000 TO $300,000 IN PUBLIC LIABILITY - BODILY INJURY; OF NOT LESS THAN $10,000 PUBLIC LIABILITY- PROPERTY DAMAGE) OF NOT LESS THAN $100,000 TO $500,000 GENERAL OR COMPREHENSIVE GENERAL LIABILITY - BODILY INJURY; AND NOT LESS THAN $50,000 GENERAL OR COMPREHENSIVE GENERAL LIABILITY - PROPERTY DAMAGES WHICH INSURANCE COVERAGE SHALL BE MAINTAINED IN LIKE MANNER COVERING BOTH LICHTENSTEIN'S, INC. AND THE CITY OF CORPUS CHRISTI FOR SO LONG AS THE PLANTED AREAS ABOVE PROVIDED FOR ARE MAINTAINED. EXECUTED IN DUPLICATE, EITHER COPY OF WHICH SHALL CONSTITUTE AN ORIGINAL, THIS THE DAY OF , 1970- ATTEST: LICHTENSTEIN'S, INC. SECRETARY ATTEST: CITY SECRETARY APPROVED: // DAY OF JULY, 1970: T ING CITY AT T EY BY PRESIDENT CITY OF CORPUS CHRISTI BY CITY MANAGER • Corpus Christ Texas .-day of , 190 TO THE tIEbB1ERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; 1, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, NAN THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de.Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the folio ng vote: Jack R. Blackmon i Gabe Lozano, Sr. • V. A. "Dick" Bradley, Jr. Gib Eduardo E. de Ases Ken McDaniel CL W. J. ',Wrangler" Roberts Ronnie Sizemore Y: