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Home My WebLink About020865 ORD - 01/23/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH THE LAKES MASTER ASSOCIATION, INC., ALLOWING THE INSTALLATION AND MAINTENANCE OF UNDERGROUND ELECTRICAL CABLES, CONDUITS, AND A SPRINKLER SYSTEM WITHIN THE PUBLIC RIGHT-OF-WAY OF YORKTOWN BOULEVARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with the Lakes Master Association, Inc., allowing the installation and maintenance of underground electrical cables, conduits, and a sprinkler system within the public right -a -way of Yorktown Boulevard, all as more fully set forth in the Use Privilege Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. /ORD/89080.rr MICROFILMED USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, grant and convey upon the conditions hereinafter stated, unto The Lakes Master Association, Inc., the right to install and maintain electrical cables, conduits and a sprinkler system in the public right-of-way of Yorktown Boulevard as more fully shown on the attached drawing marked Exhibit "A". The 2" PVC conduit will contain 12 Volt DC cables to automate the sprinkler system within the median of Yorktown Boulevard. TO HAVE AND TO HOLD the same unto The Lakes Master Association, Inc., all successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right-of-way for the purpose of maintaining said conduits and sprinkler system and it is further understood that the foregoing easement and right is granted upon the following conditions: A. It is understood and agreed that the easement hereby granted may be revoked at any time upon the giving of 90 days notice in writing by the City of Corpus Christi. B. Owner shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the 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 way connected with, the performance of this Agreement, unless such injury, loss or damage shall he caused by the sole negligence of the Indemnitees or any of them. Owner shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based. thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. C. The use of said area hereby granted shall in no way interfere with the construction or operation by the City of any existing or future sidewalks, utility lines or other uses or the maintenance thereof. The City shall not be responsible for any damage to the conduits or sprinkler system due to maintenance of said public facilities or by mowing the median, including any water loss caused by damage to the sprinkler system. If City (or any other utility company with utilities located in said Utility Easement) needs access to the Utility Easement, Owner shall be responsible for either repairing the electrical cables, conduits, and sprinkler system in the public right-of-way to its original condition or removing the electrical cables, conduits, and sprinkler system in the public right-of-way at which time this use privilege agreement shall terminate immediately. Use Privilege Agreement The Lakes Master Association Page 1 of 3 D. Street crossings shall be bored and placed a minimum of 24" deep from the gutter elevation. E. All applicable State laws and City ordinances shall be complied with and the necessary construction permit shall be secured from the City. F. The rights conferred herein are not assignable by Owner without the prior written consent of the City of Corpus Christi as Lessor. G. Prior to any construction, the Contractor will call the 1-800-245-4545 number to locate any utilities that may be in conflict with work. H. Any damage to any public utilities will be repaired by the Contractor at his own expense and all work will meet City's standards. I. Trenches will not be open overnight, backfill will be compacted to 95% proctor density except the top 12" will be compacted to 98% proctor density. J. Any water used by the sprinkler system shall be paid by The Lakes Master Association, Inc. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of ATTEST: CITY OF CORPUS CHRISTI By: , 198 City Secretary Juan Garza, City Manager APPROVED: day of L i; 1�� , 198'1 By: 11tdc,( -'1,,; , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 198 by Juan Garza as City Manager of the City of Corpus Christi, Texas on behalf of the City of Corpus Christi. Notary Public in and for the State of Texas Use Privilege Agreement The Lakes Master Association Page 2 of 3 The above and foregoing grant and easement is hereby accepted this the j 7t day of .J� r ��o� i;c-i% , 198 `/ , by The Lakes Master Association, Inc., and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said The Lakes Master Association, Inc. is bound by all of the terms of the same. THE LAKES MASTER ASSOCIATION, INC. Bye //L-[� THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on -9 c£.rt LL /)-_ , 198 B' , by �.C-.6A.1(A5kt2 as IZ£51c'fAri of The Lakes Master Association, Inc on behalf of The Lakes Master Association, Inc. Notary Public in and for the State of Texas -1 ti,VA X11,4 IdAi Ja Use Privilege Agreement The Lakes Master Association Page 3 of 3 0 (11 A - 07 0023'11- R' 1: el r821 L 182501 c \I 77°87109"/I O3O1 A = Towz711 R./2 60' 7'/ &7' L=/? al' (--- 5 11'03160"W 350' 1 2_ %----‘ - 1 J .7 -; _ , .„ c,5H , - tn SC .L2I-4 t- / 7 /r3c -N /1'03 'cc/1E 50 A - go vo to" N - /2 52' T /C 50' , L• /916f 2- ,i3( kr reli C. • 1.," •-•/- ( 5/'1. 21 5" PP" - A oo 0'11 1111ys sw-'111s - Oca pr.r. t4 tie /20 VOT9 LO4 '4 , 4/w. =7' -ins -1 .0550C4TIC 50,4.42:5 ee 0 3 (-5//ki,4. 21 4413 c •-• t4 ▪ S 4 r rr.co or- a. ) ES__"rice ▪ 9,71 —176.4 il ExhisAil That the foregoing ordinance was read 4or the first its second reading on this the day of 19 (1C , by the following vote: (Lib Betty N. Turner tyme and Ofl Ifl a to , Edward A. Martin d`, David Berlanga, Sr. kCCi/C)A-P0 , Joe McComb ILI, Leo Guerrero (t_14_, Clif Moss (Li°9 Tom Hunt Mary Rhodes (tC ,c Frank Schwing, Jr. Ili A, That the foregoing ordinance was read for the second time and passed to its third reading on this the day of LH ' !.t.), , 19 ' , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt That the foregoing ordinance finally on this the (9,,Sj following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. was ead for the third time and passed day of tit( , , 19 610 , by the (I Edward A. Martin d4 J. Joe McComb "`t r . Clif Moss Uu- Mary Rhodes Frank Schwing, Jr. (/0t PASSED AND APPROVED, this the 93 day of ATTEST: City Secretary APPROVED: DAY OF HAL GEORGE, By Assistant 044 CITY ATTORNEY City -Attorney , 19» . ,h (Cc, MAtYOR THE CITY OF CORPUS CHRISTI , 19 _l �lL)/e-t.-�( trc