HomeMy WebLinkAbout020203 RES - 02/16/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF A MULTIPLE USE AGREEMENT WITH
THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
FOR THE USE OF THE AREA UNDER THE HARBOR BRIDGE FOR PUBLIC
PARKING ADJACENT TO THE TEXAS STATE AQUARIUM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
multiple use agreement with the State Department of Highways and Public
Transportation for the use of the area under the Harbor Bridge for public
parking adjacent to the Texas State Aquarium, all as more fully set forth in the
agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit A.
ATTEST:
City Secretary
MA OR /
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: D DAY OF Fe4rv4ier , 19 $8'
HAL GEORGE, CITY ATTORNEY
By
taut Ci y Atto
205JB090.res
20203 MICROFILMED
MULTIPLE USE AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT made this day of ,
A.D. 19 , by and between the State Department of Highways and
Public Transportation, hereinafter referred to as "State", party
of the first part, and City of Corpus Christi, hereinafter called
the "City", party of the second part.
WITNESSETH
WHEREAS, the City has requested the State to permit the con-
struction, maintenance and operation of a parking facility on the
highway right-of-way for U. S. Highway 181, under the Harbor
Bridge, as described and shown in Exhibit A; and
WHEREAS, the State has indicated its willingness to approve
the establishment of such facilities and other uses conditioned
that the City will enter into agreements with the State for the
purpose of determining the respective responsibilities of the City
and State with reference thereto, and conditioned that such uses
are in the public interest and will not damage the highway facili-
ties, impair safety; impede maintenance or in any way restrict the
operation of the highway facility, all as determined from engi-
neering and traffic investigations conducted by the State.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto to be by
them respectively kept and performed as hereinafter set forth, it
is agreed as follows:
1. The parties hereto will prepare or provide for the construct -
tion plans for the facility, and will provide for the con-
struction work as required by said plans. Said plans shall
include the design of the access control, necessary horizontal
and vertical clearances from highway structures, adequate
landscape treatment, and general layout; and they shall also
delineate and define the construction responsibilities of both
parties hereto and when approved, shall be attached to the
agreement and made a part thereof in all respects. Any future
revisions or addition of improvements shall be made after
prior approval of the State.
2. Ingress and egress shall be allowed at all times to such faci-
lity for State forces and equipment when inspection or highway
maintenance operations are necessary; and upon notice, oral or
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written, all parking or other activities for periods required
for such operations will be prohibited and the parking access
driveway will be subject to closure during the above stated
activities.
3. Parking regulations shall be established to accommodate the
types of vehicles normally expected to bring visitors to an
aquarium including buses and recreational vehicles as well as
passenger cars. Commercial vehicles of any type that are not
directly affiliated with aquarium operations shall be prohi-
bited.
4. Regulations shall be established prohibiting the parking of
vehicles transporting inflammable or explosive loads and pro-
hibiting use of the area in any manner for peddling, adver-
tising, or other purposes not in keeping with the objective of
a public facility. The erection of signs other than those
required for proper usage of the area will be prohibited. All
signs shall be approved by the State.
5. Maintenance and operation of the facility shall be entirely
the responsibility of the City. Such responsibility shall not
be transferred, assigned or conveyed to a third party without
approval of the State. Further, such responsibility shall
include picking up trash, mowing and otherwise keeping the
facility in a clean and sanitary condition, and surveillance
by police patrol to eliminate the possible creation of a
nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be per-
mitted to rise above the grade line of the highway, nor shall
the facility subject the highway to hazardous or unreasonably
objectionable dripping, droppings or discharge of any kind,
including rain or snow. The State will not be obligated to
clean up and/or sweep the pavements, walks or parking facility
each day due to its maintenance activity. This work will be
done when deemed necessary in the normal procedure of carrying
out the scheduled work.
6. Any fees levied for use of the facilities in the area shall be
nominal and no more that are sufficient to defray the cost of
construction, maintenance and operation thereof, and shall be
subject to State approval.
7. This provision is expressly made subject to the rights herein
granted to both parties to terminate this agreement upon
notice, and upon the exercise of any such right by either
party, all obligations herein to make improvements to said
facility shall immediately cease and terminate.
8. All structures located or constructed within the area covered
by the agreement shall be fireproof. The storage of inflam-
mable materials or other operations deemed to be a potential
fire hazard shall be subject to regulation by the State.
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9. If in the sole judgment of the State, it is found at any fu-
ture time that traffic conditions have so changed that the
existence or use of the facility is impeding maintenance,
damaging the highway facility, impairing safety, or that the
facility is not being properly operated, that it constitutes a
nuisance, or if for any other reason it is the State's
judgment that such facility is not in the public interest,
this agreement under which the facility was constructed may
be: (1) modified if corrective measures acceptable to both
parties can be applied to eliminate the objectionable features
of the facility, or (2) terminated and the use of the area as
proposed herein discontinued.
10. Upon written notification by either party hereto that such
facility should be discontinued, each party shall, within
sixty (60) days, clear the area of all facilities that were
its construction responsibility under this agreement, as
necessary to restore the area to a condition satisfactory to
the State.
11. It is understood that this agreement in no way modifies or
supersedes the terms and provisions of any existing agreements
between the parties hereto.
12. It is further understood that the State does not warrant title
and owns only an easement within the facility for the purpose
of constructing and maintaining a bridge and surface roads.
Said easement recorded in Volume 806, Pages 448-457 of the
Deed Records of Nueces County, Texas. Any use of the State's
easement by the City inconsistent with the stated purpose of
the easement shall require the City to obtain the consent of
the underlying fee owner. The City shall, insofar as it is
legally permitted and subject to such limitations, indemnify
the State against any and all damages and claims for damages,
including those resulting from injury to, or death of persons
or for loss of or damage to property, or loss of the State's
property interest, arising out of, incident to or in any
manner connected with its construction, maintenance or opera-
tion of the facility, which indemnification shall extend to
and include any and all court costs, attorney's fees and
expenses related to or connected with any claims or suits for
damages and shall, if requested in writing by the State to do
so, assist the State with or relieve the State from defending
any suit brought against it. Neither party hereto intends to
waive, relinquish, limit or condition its right to avoid any
such liability by claiming its governmental immunity.
When notified by the State to do so, the City shall promptly
pay the State for the full cost of repairing any damages to
the highway facility which may result from its construction,
maintenance or operation of the facility, or its duly author-
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ized agents or employees, and shall promptly reimburse the
State for costs of construction and/or repair work made nec-
essary by reason of such damages.
Nothing in this agreement shall be construed as creating any
liability in favor of any third party or parties against
either of the parties hereto nor shall it ever be construed as
relieving any third party or parties from any liabilities of
such third party or parties to the parties hereto, but the
other party hereto shall become fully subrogated to the State
and shall be entitled to maintain an action over and against
third party or parties legally liable for having caused it to
pay or disburse any sum of money hereunder.
13. City shall provide necessary safeguards to protect the public
on State -maintained highways including adequate insurance for
payment of any damages which might result during the construc-
tion of the facility occupying such airspace or thereafter,
and to save the State harmless from damages, to the extent of
said insurance coverage and insofar as it can legally do so.
14. It is to be understood that the State, by execution of this
agreement, does not impair or relinquish the State's right to
use such land for right-of-way purposes when it is required
for the construction or reconstruction of the traffic facility
for which it was acquired, nor shall use of the land under
such agreement ever be construed as abandonment by the State
of such land acquired for highway purposes.
15. If the facility is located on the Federal -aid highway system,
"ATTACHMENT A", which states additional requirements as set
forth in the Federal Highway Administration's Federal -Aid
Highway Program Manual, shall be attached to and become a part
of this agreement.
II
The City, for itself, its personal representatives, successors and
interests and assigns, as part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land
that: (1) no persons, on the ground of race, color or national
origin shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the
use of said facility; (2) that in the construction of any improve-
ments on, over or under such land and the furnishing of services
thereon, no person on the ground of race, color, or national ori-
gin shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination; (3) that the City
shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
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Part 21, Non-discrimination in Federally -assisted programs of the
Department of Transportation Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination
covenants, the State shall have the right to terminate the lease
and reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
IN WITNESS WHEREOF, the parties have hereunto affixed their signa-
ture, the City on the day of , A.D. 19
and the State on the day of A.D. 19
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Craig A. McDowell
City Manager
APPROVED:
Hal George, City Attorney
STATE OF TEXAS
Certified as being executed for the pur-
pose and effect of activating and/or
carrying out the orders, established poli-
cies, or work programs heretofore approved
by the State Highway and Public Transpor-
tation Commission.
Executed and approved for State Highway
and Public Transportation Commission under
authority of Commission Minute No. 82513.
By:
Deputy Director -Field Operations
APPROVAL RECOMMENDED:
District Engineer
Engineer of Maintenance
Chief Engineer of Highway Design
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the
following additional requirements are applicable in accordance with
the Federal Highway Administration's Federal -Aid Highway Program
Manual.
1. Any significant revision in the design or construction of the
facility shall receive prior approval by the State Department
of Highways and Public Transportatiuon subject to concurrence
by the FHWA.
2. Any change in the authorized use of airspace shall receive
prior approval by the State Department of Highways and Public
Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to
another party without prior State Department of Highways and
Public Transportation approval subject to concurrence by the
FHWA.
4. This agreement will be revokable in the event that the airspace
facility ceases to be used or is abandoned.
DESCRIPTION FOR TEXAS STATE AQUARIUM
PARKING BENEATH THE HARBOR BRIDGE
The above resolution
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
Corpus Christi, Texas
J (` 41 day of at-x-t,e lC�h.c,, , 198 k'
C
was passed by the following vote:
Oti
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