HomeMy WebLinkAbout021015 ORD - 11/06/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
AL HOGAN BUILDER, INC. FOR THE RIGHT TO TO INSTALL AND
MAINTAIN 250 LINEAR FEET OF FENCE WITHIN THE PUBLIC
RIGHT-OF-WAY IN WINDSONG SUBDIVISION UNIT II.
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 Al Hogan Builder, Inc. for the
right to install and maintain 250 linear feet of fence within the
public right-of-way in Windsong Subdivision Unit II, 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-RES\9o1o7
74,
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY STAFF'S \ )N
That the City of Corpus Christi, acting by and through its duly
authorized
Corpus Christi MCityerCharter, for iandccindaconsiderationclofn aornce with ArtielXtheecsumn o1,
f
Two Hundred and Fifty Dollars and No Cents ($250.00) to it in hand paid by
Mr. Al Hogan, Al Hogan Builder, Inc., ("Hogan"), of Corpus Christi, Nueces
County, Texas, the receipt of which is hereby acknowledged, has granted,
conveyed and quitclaimed by these presents does grant, convey, and quitclaim
upon the conditions hereinafter stated, unto said Al Hogan Builder, Inc., a
use privilege for the right to install and maintain 250 Linear Feet of a cedar
fence within the property known as Windsong Subdivision Unit 2 of the City of
Corpus Christi, as recorded in Volume 51, Pages 138-139, Nueces County, Texas,
Map Records as shown on the attached drawing marked Exhibits A, B & C.
TO HAVE AND TO HOLD the same unto owner, its 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 entry structure, and it is further understood that
the foregoing use privilege is granted upon the following conditions:
A. It is understood and agreed that the use privilege hereby granted
may be revoked at any time upon the giving of 60 days notice in writing by the
City of Corpus Christi.
B. Hogan 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 the injury, loss or
damage shall be caused by the sole negligence of Indemnitees. Hogan 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. Hogan shall have and maintain comprehensive general liability
insurance in the minimum amounts of $100,000 for each injured person; $300,000
for personal injury arising out of each accident, and $100,000 for property
damage arising out of each accident. Such policies of insurance shall carry
the City as an additional named insured. Upon the City's written request,
Hogan shall provide copies of all insurance policies. Such policies may not be
cancelled, renewed or materially changed without thirty (30) days written
notice to the City.
Use Privilege Agreement
Windsong Subdivision Unit 2
Page 1 of 3
D. That 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
proposed sidewalks, utility lines, or other uses, or the maintenance thereof.
If City (or any other utility company with utilities located in said
Right -of -Way) needs access to the Right -of -Way, Hogan shall be responsible for
either repairing the fence to its original condition or removing the fence, at
which time this use privilege agreement shall terminate immediately.
E. The cedar fence shall be three (3) feet high, for a distance of
twenty (20) linear feet either direction, at all driveway entrances to allow
for proper visibility in and out of property.
F. Hogan shall be responsible for maintaining the fence at all times,
at his own expense, regardless of the type of damage that may occur, including
without limitation, removing or covering any grafitti within thirty (30)
calendar days. Hogan shall be responsible for maintaining or repairing the
fence to its original condition. Failure to do so shall terminate this use
privilege agreement immediately.
G. All applicable State laws and City ordinances shall be complied with
and the necessary building permit shall be secured from the City.
H. The City hereby authorizes this Use Privilege Agreement upon the
request of Hogan and does not represent or warrant to Hogan, that the City
possesses or hereby grants all rights or interests necessary for Hogan to
construct and maintain the fence. All evidence of the City's right-of-way
interest is of public record. Hogan has made his own independent determination
of the interests granted by this Use Privilege Agreement and has not relied on
any statement, representation, or warranty, either expressed or implied, from
the City or its officials and agents as to the interests granted by this Use
Privilege Agreement. The rights conferred herein shall not be assigned by
Hogan without the prior written consent of the City of Corpus Christi.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these
presents to be executed on this the day of , 19
ATTEST:
CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED:
day of
By:
, 19
Assistant City Attorney
Use Privilege Agreement
Windsong Subdivision Unit 2
Page 2 of 3
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 19 ,
by Juan Garza as City Manager of the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
The above Grant and Privilege is hereby accepted this the day of
, 19 , by , Hogan, agrees to
keep and perform the conditions imposed by said Grant and Privilege and that
it is bound by all of the terms of same.
By:
Al Hogan
AL HOGAN BUILDER, INC.
By:
STATE OF TEXAS §
COUNTY OF NUECES §
Al Hogan, President
This instrument was acknowledged before me on , 19 ,
by as of Al Hogan Builder, Inc., a
(State) Corporation, on behalf of said Corporation.
Notary Public in and for the State of Texas
Use Privilege Agreement
Windsong Subdivision Unit 2
Page 3 of 3
That the foregoing ordinance was read for
its second reading on this the An
19(20 , by the following vote:
dem,
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
an -
the first
day of
tnd passe:. co
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing,
That the foregoing ordinance was read for
to its third reading on this the 3('
19 ( L , by the following vote:
Betty N. Turner (1)-�Q2
Cezar Galindo �`
Leo Guerrero
Tom Hunt
That the foregoing or finance was
finally on this the day of
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Out -
AL 2
PASSED AND APPROVED, this the
ATTEST: HQ
City/Z=
atyy
Jr. (iike/
the secon time and passed
day of (f) IWAIAJ
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
res4 for the third
L-N(�l�Y�L. �.,k, r
APPROVED:
11 DAY OF (Q C 4atn' , 199o:
HAL GEORGE, CITY ATTORNEY
By l �-t_Nd,FNC
Assistant C' y Attorney 0
044
01,),L
cat 'out
dip
timp2p.nd passed
19 C , by the
Edward A. Martin all -
Joe McComb
Clif Moss
Mary Rhodes af- y✓
Frank Schwing, Jr. Q� 7
day of M Lc VIc , 19 /C
MAYOR j
THE CITY OF CORPUS CHRISTI