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HomeMy WebLinkAbout020549 ORD - 01/03/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE LA MER CONDOMINIUM FOR LANDSCAPING IMPROVEMENTS AT THE INTERSECTION OF PARK STREET AND UPPER BROADWAY. 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 an agreement with La Mer Condominium for landscaping improvements at the intersection of Park Street and Upper Broadway, 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. 207AG090.ord 20549 MICROFILMED AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS : COUNTY OF NUECES THIS AGREEMENT. is entered into between the City of Corpus Christi, hereinafter called "City", and La Mer Condominium hereinafter called "Condominium." WHEREAS, the Condominium is interested in improving the aes- thetic value of the Broadway Bluff near Park Street located in the City; and NOW THEREFORE, the City and Condominium agree as follows: 1. The Condominium will make landscaping improvements at the intersection of Park Street and Upper Broadway for and on behalf of the City. The improvements will be made in accordance with the plans and specifications approved by the Park and Recreation Department. This Agreement shall be null and void should the .landscaping improvements not be carried out within six (6) months from the date of this Agreement or as set out in the approved plans and specifications or any change therein approved in writing by the Park and Recreation Department. The conceptual plans for the landscaping is shown on the attached map marked as Exhibit "A." All title to any landscaping improvements vests in the City at the time of installation. 2. The City agrees to contribute the installation of a water tap, and laying a concrete sidewalk. 3. The Condominium agrees to be responsible for the mainte- nance of the above-described landscaping in perpetuity and agrees to main- tain such landscaping in accordance with directives from the Park and Recreation Department. 4. The Condominium agrees to indemnify the City against any claims arising as a result of this project. 5. The Condominium further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agree- ment, the disclosure of Ownership Interests form attached hereto and la- beled "EXHIBIT B." 6. Either Party may terminate this agreement with sixty (60) days' written notice to the other party. 7. This Agreement shall become effective and shall be ben=d- ing upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execu- tion. 19 EXECUTED IN DUPLICATE, this the day of ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED: Day of , 19 HAL GEORGE, CITY ATTORNEY By Juan Garza, City Manager LA MER CONDOMINIUM By: BY: 2,!7;01--/ La Mer Condominium Assistant City Attorney -14 *u 1{ 'I1 wiFc BO • H T - � • tigx NSr O 1110 g .N•w ...{..w a. :•l l • MN.. Q gatinf PARK AN/E. Si+e 50IJC4,iNvILLEA 6' O.C. � 5 rorA-1- 14, 122/14* w4.4, iftffig if* ft* 4 1f 7r I ,D UPPER f3RO1•DV6-Y • 1f. Aid �� '11. 1►' )( )C _-Jo COL$ RETE OR E3RIcx I�`SIDE. OF CUR' A 1.1 DsC,L Pr: M .1 LAN-UFFEFf Ro,&O\VAY PAR EXHIBIT "A" S14- l R That the foregoing ordinance was second reading on this the M following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss That the foregoing ordinance third reading on this the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss was read forfirs time and passed to its day of �, 19 0? by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong read for e seco d time day ofwu �J Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ord ' na ce was read for the this the day of Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: .30 DAY OF `iLjvtLbJ HAL GEORGE, CITY ATTORNEY , 19e6: Assistant City ttorney 99.044.01 andsed to its 19 �� by the ettp ird time and passed finally on 19 K`7 , by the following vote: Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of ta) 19 iq M'YOR THE CITY OF CORPUS CHRISTI, TEXAS 20549