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Home My WebLink About020332 ORD - 05/31/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GODFATHERS PIZZA OF CORPUS CHRISTI TO ALLOW INSTALLATION OF A BUILDING CANOPY ABOVE THE PUBLIC RIGHT-OF-WAY OF NORTH CHAPARRAL STREET FOR A FEE OF $100; AND DECLARING AN EMERGENCY. 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 Godfathers Pizza of Corpus Christi to allow the installation of a building canopy above the public right-of-way of North Chaparral Street for a fee of $100, 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 shall tae effect upon first reading as an emergency measure this the .i/tt day of , 19$$ ATTEST: City Secretary MAYOR APPROVED: 3/. DAY OF /17/9/ , 19 Fr HAL GEORGE, CITY ATTORNEY 206RP094.ord City ttorney THE CIT OF CORPUS CHRISTI, TEXAS 20332 MICROFILMEQ 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, in accordance with Article IX, Section 1, Corpus Christi City Charter, for and in consideration of the sum of One Hundred Dollars ($100.00) to it in hand paid by Godfathers Pizza of Corpus Christi, Owner of the leasehold estate (hereinafter the "Owner"), of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto the said Godfathers Pizza of Corpus Christi, Owner, a use privilege for the right to install and maintain an overhead building overhang approximately 9 feet above sidewalk level, in the public right-of-way of Chaparral Street which abuts the property known as Lot 7, Block 4, Beach Portion of the City of Corpus Christi, as recorded in Volume A, Pages 2 and 3, Nueces County, Texas, Map Records located at 524 North Chaparral Street, as shown on the attached drawing marked Exhibit "A". TO HAVE AND TO HOLD the same unto Godfathers Pizza of Corpus Christi, 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 building overhang, 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. 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 be 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. Use Privilege Agreement - Godfathers Pizza Beach Portion, Lot 7, Block 4 Page 1 of 3 C. Owner 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 $50,000 for property damage arising out of each accident. Such policies of insurance shall carry the City as an additional named insured. 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. E. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. F. That said overhang be constructed as a canopy consisting of a tubular aluminum frame with a nylon awning and not exceeding 36" overhang on North Chaparral. G. The rights conferred herein are not assignable by Owner without the written consent of the City of Corpus Christi. Unless sooner terminated by 60 -day notice, this Use Privilege Agreement shall terminate upon the termination, cancellation, or expiration of the term, including option terms, of Owner's Lease Agreement dated August 1, 1983 with TEMET CORPORATION as Lessor. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1988. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: /7, day of /27/9), , 1988 Hal George, City Attorney By:C Assistant City Attorne Use Privilege Agreement - Godfathers Pizza Beach Portion, Lot 7, Block 4 Page 2 of 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Juan Garza as City Manager for the City of Corpus Christi, Texas. , 1988, by Notary Public in and for the State of Texas The above Grant and Privilege is hereby accepted this the day of , 19 , by Robert L. Hutton, as Vice President of Godfathers Pizza of Corpus Christi, Owner, and said Godfathers Pizza of Corpus Christi, Owner, 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. Robert L. Hutton, Vice President Godfathers Pizza of Corpus Christi THE STATE OF TEXAS § COUNTY OF NUECES S This instrument was acknowledged before me on , 1988, by Robert L. Hutton as Vice President of Godfathers Pizza of Corpus Christi. Notary Public in and for the State of Texas Use Privilege Agreement - Godfathers Pizza Beach Portion, Lot 7, Block 4 Page 3 of 3 [I / 111 IA TAYLOR ST. L r , 0/ '.4 f I fe tt 7 '6 Qr e /0 o Lo /J! 03 3 221 • / 21 I ' r/2 r STA RR ST. I 09 7 .f. -- ---- - - - I4J 0 7 6 041; ...... 1149111. - —1— - -tiO.r• 5 -0 f J 21 . a a 2 • i /50 -- STA RR ST. I 09 7 .f. -- ---- - - - e s SI • I .. -- ----- ‘-.. .1. Millgairfirin a - - 06 /2 it /0 21 . a a SC 11 /3 ';0 e zr cis 4 '76 0/ J 0 'fa PEOPLES ST. :;__ 1.:__ L Lf_, .1 1 _ . . 2 , 4 6.2f' 2 I / I .. 5 1 1 • .1. Millgairfirin mai 06 /2 /so /so M E STIN A ST. CLF PUS 0/ CHR ,z) CATH- DRAL e ° 07 4, os 09 Corpus Christi, Texas "1 day of 11401,, 198 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, 99.045.01 Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Gut Mary Pat Slavik Linda Strong G (11 Clivionut, 20332