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Home My WebLink About20130 ORD - 12/22/1987AN ORDINANCE AMENDING ORDINANCE NO. 14634, PASSED NOVEMBER 22, 1978, TO AUTHORIZE THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH TEX-KEN, INC. WHICH PERMITS THE CONSTRUCTION OF A SUNDECK AND A 100' BY 600' BEACH BEHIND THE HOLIDAY INN EMERALD BEACH ON PROPERTY OWNED BY THE CITY AT THE WATER'S EDGE AND IN WATERS OF CORPUS CHRISTI BAY IMMEDIATELY EAST OF THE C. G. GLASSCOCK BAYFRONT ADDITION IN CONFORMANCE WITH A U. S. ARMY CORPS OF ENGINEERS' PERMIT, SUBJECT TO THE APPLICANT'S PAYMENT OF A $100.00 FEE FOR SUCH USE PRIVILEGE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 14634, passed November 22, 1978, is hereby amended to authorize the execution of a Use Privilege Agreement with Tex -Ken, Inc. which permits the construction of a sundeck and a 100' by 600' beach behind the Holiday Inn Emerald Beach on property owned by the City at the water's edge and in waters of Corpus Christi Bay immediately east of the C. G. Glasscock Bayfront Addition in conformance with a U. S. Army Corps of Engineers' permit, subject to the applicant's payment of a $100.00 fee for such use privilege, 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. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned Use Privilege Agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shalle effect upon first reading as an emergency measure this the aaL day of j )ecenr..bar" ATTEST: City Secretary MAYAR APPROVED: 02/s/ DAY OF Oicr.,76e-✓ , 19 k7 HAL GEORCITY ATTOR 4 Y By Assistant City Attorney 204rp086.ord THE CITY OF CORPUS CHRISTI, TEXAS 20130 MICROFJLMED 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, Craig A. McDowell, for and in consideration of the sum of One Hundred Dollars ($100.00) to it in hand paid by Tex -Ken, Inc., hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, has granted, and by these presents does grant upon the conditions hereinafter stated, unto the said Tex -Ken, Inc. the right and privilege to install and maintain a timber sun deck and a sand beach on property owned by the City at tie water's edge and in waters of Corpus Christi Bay immediately east of the C.G. Glasscock Bayfront Addition, as recorded in ---- Volume 25, Page 39, Nueces County, Texas Map Records, further described and contained in the attached map marked Exhibit "A". TO HAVE AND TO HOLD the same unto Tex -Ken, Inc., 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 for the purpose of maintaining said improvements, and it is further understood that the foregoing privileges and rights are granted upon the following conditions: A. It is understood and agreed that the privileges hereby granted may be revoked at any time upon the giving of 30 days notice in writing by the City of Corpus Christi. B. Grantee 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 construction, maintenance, and use of the facilities or improvements provided by Grantee, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. Grantee 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. 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 City improvements, or other uses, or the maintenance thereof. The City shall have the right to require removal of all or a portion of improvements if interference is shown. Further, the right of the public for the use of the area covered by this grant shall in no way be denied or restricted by the Grantee. Grantee shall provide life guards and maintain the beach area to the same standards as other public city beaches. D. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. Use Privilege Agreement Tex -Ken, Inc. Page 1 of 2 E. All necessary Corps of Engineer and/or Coast Guard permits shall -e secured by the Grantee, to include General Land Office clearance as required. Grantee shall comply with all terms and conditions imposed by the Corps of Engineers or General Land Office. F. No portion of the public seawall on East Shoreline Boulevard is to be crossed by construction equipment as a result of the proposed improvements unless specific written approval has been obtained by the Department of Engineering Services. G. Grantee may assign its interest in this Use Privilege Agreement with written approval of the City of Corpus Christi which will not be unreasonably withheld. H. The obligations undertaken by Tex -Ken, Inc. herein to "maintain" the beach area shall not imposeany obligation on the part of Tex -Ken, Inc., its successors or permitted assigns, to repair, refurbish, or replenish the beach area if erosion or other natural factors should cause the beach to be in any way diminished; said obligation shall, however, require Tex -Ken, Inc. to clean the beach area. 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 Craig A. McDowell, City Manager APPROVED: day of , 1987 By: By: Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1987, by Craig A. McDowell as City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1987, by as of Tex -Ken, Inc. Notary Public in and for the State of Texas Use Privilege Agreement Tex -Ken, Inc. Page 2 of 2 METHOD OF CONSTRUCTION: RIVER SAND WILL BE HAULED IN BY TRUCK AND PLACED OVER WALL BULLDOZER WILL BE LOWERED EXISTING PUBLIC BEACH "MAGEE BEACH'S ONTO FILL FOR FINAL GRADING EXISTING SEAWALL oe EXISTING SEAwALL EXISTING STEPS TO BE USED FOR ACCESS BY HOLIDAY INN GUESTS EXISTING BEACH HOLIDAY INN EMERALD BEACH EXISTING GROIN -0.7 -1.4 4 -2.5 4-1.9 -2.9 -4.5 LEGEND: -0.7 EXISTING ELEVATION 751 PROPOSED ELEVATION * PUBLIC SIGNABEACH CS CORPUS CHRISTI BAY 4-72 USE PR/V/LEGE AREA STEPS TO BE CONSTRUCTED FOR BEACH ACCESS BY PUBLIC HOLIDAY INN PARKING LOT 50 100 150 W.S. -0.0(1_0w:I0E) .-3.5 -a 8 • 5.5 ,•7.0 -15 .-2.5 • 3.5 -5.7 5 -2.0 -4.3 -1.7 EXISTING BREAKW-ATE EXISTING BOAT BASIN . EXHIBIT A: HOLIDAY INN BEACH RECONSTRUCTION PLAN APPLICATION BY CITY OF CORPUS CHRISTI PPS9:1 ('-C CuT ^C Corpus Christi, Texas day of _e. ,Lec , 1987 TO. THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members M OR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. �} Leo Guerrero C�( 4 Clif Moss Bill Pruet Mary Rhodes 66)(,3 Mary Pat Slavik Linda Strong 99.045.01 20130