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Home My WebLink About020663 ORD - 05/02/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GUY ALLISON TO ALLOW THE INSTALLATION OF 15 BUILDING CANOPIES ABOVE THE PUBLIC RIGHTS-OF-WAY OF LEOPARD AND ARTESIAN STREETS. 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 Guy Allison to allow the installation of 15 building canopies above the public rights-of-way of Leopard and Artesian Streets for a fee of $500, 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. 208JB060.ord 20663 Wile ►I.MED 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 Five Hundred Dollars ($500.00) to it in hand paid by Guy Allison, Owner (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 Guy Allison, Owner, a use privilege for the right to install and maintain 15 overhead canopies within the public right-of-way of Leopard St. and Artesian St. adjacent to a portion of Block 24, Bluff Portion, of the City of Corpus Christi, as recorded in Volume A, Page 3, Nueces County, Texas, Map Records as shown on the attached drawing marked Exhibit "A". TO HAVE AND TO HOLD the same unto Guy Allison, 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 entry structure, 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. 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. Use Privilege Agreement - Guy Allison Leopard St. and Artesian St. Page 1 of 3 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. If City (or any other utility company with utilities located in said street right-of-way) needs access to the right-of-way beneath the canopies, Owner shall be responsible for either repairing the canopies to original condition or removing the canopies at which time this use privilege agreement shall terminate immediately. E. The canopies shall consist of aluminum framework with acrylic fabric. F. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. G. The rights conferred herein are not assignable by Owner without the written consent of the City of Corpus Christi. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1989. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: ,75 day of Art t 1989 Hal George, City Attorney By: ' . stant City A rney Use Privilege Agreement - Guy Allison Leopard St. and Artesian St. Page 2 of 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 1989, by Juan Garza as City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas T. a above Grant and Privilege is hereby accepted this the) day of alM) , 19 r9 , by Guy Allison 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. 2 Guyl 1 i son THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Ma') (/1.I Q)G) , 1989, by 11 Notary Pu -• 1 in and for the State of Texas Use Privilege Agreement - Guy Allison Leopard St. and Artesian St. Page 3 of 3 SALLY L. TRI M BLE Notary Public State of Texas My Comm. Exp.: - / 7-1 That the foregoing ordinance s read for t first time and p ed to its second reading on this the � � day of(,,L(1/'uJ? 19 e, by the following vote: Betty N. Turner C t e x � Edward A. Martin David Berlanga, Sr. ai C.: Joe McComb (2t-,. Leo Guerrero (tJLGefLI1 Clif Moss Tom Hunt J e_t_. Mary Rhodes (211. az,.Frank Schwing, Jr. That the foregoing ordinance was read for Op second time and ��sed to its third reading on this the (1:,-4; day of (JOIL( 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss 4,1 al/ al-�, Mary Rhodes aq, Frank Schwing, Jr. a.,),,,„, That the foregoing ordinance was read for th ,third time and passed finally on this the � day of �/101, 19 � by the following vote: L U.-0Edward A. Martin aC . at, 1 , Joe McComb at --\,L, atp C1if 'Moss �-Zy= Mary Rhodes il�D -L -)c, Frank Schwing, Jr. PASSED AND APPROVED, this the c,— day of t'tCLLJ, 0 ATTEST: — Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt City Secretary APPROVED: pe4 DAY OF ft4y City At orney 99.046.01 911"1" MAYOR Qty 19 n• -74-4,freze—ev THE CITY OF CORPUS CHRISTI, TEXAS 20663