The URL can be used to link to this page

Home My WebLink About09908 ORD - 09/02/1970JKH:7 -28 -70 AN ORDINANCE AMENDING ORDINANCE NO. 9854, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 22, 1970, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE NO. 9854, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 22, 1970, BE AMENDED, AND 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. . • 7 -22-70 - .- • • THE STATE OF TEXAS 0 COUNTY OF NUECES Q THIS AMENDED MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN LICHTENSTEINIS, INC., A TEXAS CORPORATION WITH PRINCIPAL OFFICES AT 401 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 (2), 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 WEREAS, LICHTENSTEIN'S,IINC. 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 (2) ABOVE DESCRIBED FACE ON CHAPARRAL STREET IN SAID CITY FOR A DISTANCE OF ONE HUNDRED FEET (1000 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'$, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS HAVE AND DO MUTUALLY AGREE AS FOLLOWS: • - � • 1. 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 RIGHT 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 BEAUTIFICA- TI ON. 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 - VIOED, 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 COEXTENSIVE WITH THE MAXIMUM PERIOD PERMITTED BY THE CITY CHARTER WITHOUT THE CALLING OF AN ELECTION AND SUCH PERMISSION IS SUBJECT TO CANCELLATION BY THE CITY COUNCIL WITHOUT CAUSE AFTER 30 DAYS FROM THE DATE OF DELIVERY OF WRITTEN NOTICE OF SUCH CANCELLATION TO LICHTENSTEIN'S, INC. 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 CLAIMS1 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 FURTHERI 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 AGREEMENTS AND REPAIR SUCH SIDEWALKS IN A UNIFORM MANNERS WITHOUT FURTHER NOTICES AT SUCH TIME AS LICHTENSTEIN'S, INC. IS SOLD OR IN THE EVENT LICHTENSTEIN'S, INC. SHOULD BE DECLARED A BANKRUPT. PROVIDED FURTHERS 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 $50000 GENERAL OR COMPREHENSIVE GENERAL LIABILITY — PROPERTY DAMAGE; 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. BY SECRETARY PRESIDENT ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY CITY MANAGER A TOV/ ED: r o DAY OF JULYS 1970: „ A TING CITY AT T EY APPoOVCD r( By U 1 0./ That the foregoing ordinance w ead for f rst ime and passed to its second reading on this theday of , 1910, 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 That the foregoing ordinance was x to its third reading on this the Z -2Y- . day by the following vote: ?assed L. Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore / That the foregoing ordinanc as read f the third time and passed finally on this the ,x meL day of 19 70., by the following vote: n Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts a�,- Ronnie Sizemore PASSED AND APPROVED, this the,,)AJ—day of 19 i ATTES AJ CZ,-1 Z,,,� City Sec& t MA R CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS THE. DAY OF , 19_ City Attorney