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Home My WebLink About020542 ORD - 12/20/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH E. R. SCHENDEL AS COURT-APPOINTED GUARDIAN FOR THE ESTATE OF ANNA McCAMPBELL FORE, OWNER OF LOT 5A, BLOCK 11, BEACH PORTION, TO ALLOW THE INSTALLATION OF AN OVERHEAD BUILDING AWNING ABOVE THE PUBLIC RIGHT-OF-WAY OF PEOPLES STREET. 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 E. R. Schendel as court-appointed guardian for the Estate of Anna McCampbell Fore, owner of Lot 5A, Block 11, Beach Portion, to allow the installation of an overhead building awning above the public right-of-way of Peoples Street for a fee of $300, 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. 207RP085.ord MICROFILMED 20542 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS .5 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 Three Hundred Dollars ($300.00) to it in hand paid by Mr. E. R. Schendel as court appointed Guardian for the Estate of Anna McCampbell Fore, Owner, 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 Guardian for Owner, a use privilege for the right to install and maintain an overhead building overhang approximately 9 feet above sidewalk level and 91 feet in length, in the public right-of-way of Peoples Street which abuts the property known as Lot 5A, Block 11, Beach Portion of the City of Corpus Christi, as recorded in Volume A, Pages 2 and 3, Nueces County, Texas, Map Records located in the 400 block of Peoples Street, as shown on the attached drawing marked Exhibit "A". TO HAVE AND TO HOLD the same unto Guardian for Owner, his 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. Guardian for Owner, his successors and assigns, 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. Guardian for Owner shall, at his 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 - E. R. Schendel Beach Portion, Lot 5A, Block 11 Page 1 of 3 e46- 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 steel frame with a vinyl awning and not exceeding 6' overhang on North Chaparral. 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: day of 4(. ,„ j , 1988 Hal George, City Attorney BY: P,t,�� l ce.P.Qawcx Assistant City Attorney Use Privilege Agreement - E. R. Schendel Beach Portion, Lot 5A, Block 11 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 E. R. Schendel as court appointed Guardian for the Estate of Anna McCampbell Fore, Owner, and E. R. Schendel as Guardian for Anna McCampbell Fore, 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. E. R. Schendel, Guardian for the Estate of Anna McCampbell Fore THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 0,,1e n. '3 , 1988, by E. R. Schendel as court appointed Guardian for the Estate of Anna McCampbell Fore. DEBRA MOSLEY Notary Public, State of Texas Convnission Expires 'k'ct -c ,u2A, Notary Public in and foState of Texas Use Privilege Agreement - E. R. Schendel Beach Portion, Lot 5A, Block 11 Page 3 of 3 r 1 !O 'A G -cf% r iJ o/ /p sty ---- t - -. a' 03 C r /2 s� 3' 0 4 __4 La a D GQC f LA RETAMA 005 o � � 4 /0 06 /2 0/ 1-- D 0 U) r , ' /0, I1 4I AYLOR ST. • STA R R ST. 09 e /0 // e - j-• --4— (2,f - (2,f -. /0 /t /1 /f0 H J 4 t-- ra // /2 ' 04 4 ti 07 7 of , Ol - --, 4 X . SIT 0/ /2 /0 07 /1 7 0 l C • , 01 /50 07 06 /r E. 4 1Jo0+ e J --- Elk. • • ArztLL ¢ • 09 ( l0 0 03 - 04 . --- 3 0?5a:... ' .r OZ - _ , B /so / 0/ 07 /s 0 MESTINA ST. -i0/ 1 Ct/RPUS CATHtDRAL es 0/ CHRIST �s0 7 ,SJ 11111111711111 r ` � O , 0 !! s /2 e 1 / Z;. • • 07 08 09 • 05 02 /3 05 Sr. s 07 09 /1 /0 /2 /3 r• C4 0• 03 • Lq M 1 0? S (4 0' t, , 01 2 06 GI 06 Sr O That the foregoing ordinance ws read for e firs time and passed to its second reading on this the Z.29 day of �j"uQ.%,� 19��, by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for gmecon tie and ed to its third reading on this the /� day of 19, by the following vote: Betty N. Turner David Berlanga, Sr. Leo Gu Clif Moss Guerrero 01-tiaolk Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordirigice was read for th third time and passed finally on this the() day ofjLL!y'_t&Ji) 19 �� by the following vote: Betty N. Turner all, Bill Pruet David Berlanga, Sr. 0-1,1_, Mary Rhodes Leo Guerrero bl, Frank Schwing, Jr. Clif Moss 4-11_.- Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the t)'i) day of Se---6-e--ntke -) City Secretary MAY APPROVED: :xa,. DAY OF 41:,.(7ueyaoz( HAL GEORGE, CITY ATTORNEY 1985: Assistan Cit Attorney r • 99.044.01 , 19 ,q? THE CITY OF CORPUS CHRISTI, TEXAS 20542