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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 -1- 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. -2- 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- -3- 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, -4- 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 ati-J 20203