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Home My WebLink About020745 ORD - 08/08/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH FIRST OFFICE MANAGEMENT, INC. DBA AMERICAN BANK PLAZA TO ALLOW THE INSATLLATION OF EIGHT LANDSCAPE PLANTERS IN THE PUBLIC RIGHT-OF-WAY OF LEOPARD STREET AND TANCAHUA STREET. SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with First Office Management, Inc., dba American Bank Plaza to allow the installation of eight landscape planters in the public right-of-way of Leopard Street and Tancahua Street, Block 11, Bluff Portion, recorded in Volume A, page 3, Nueces County, Texas, Map Records 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." /ORD/RP009.ORD/dv arms MICROFILMED CSE PRIVILEGE AGREL;ILNT 111 STATF. OF TEXAS § CIP, N11 OF NCECES § 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 Two Hundred Dollars ($200.00) to it in hand paid by First Office Management, Inc. dba American Bank Plaza, Owner Block il, Bluff Portion (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 First Office Management, inc. dba American Bank Plaza, Owner, a use privilege for the right to ir:stall and maintain eight planters for landscaping purposes within the public right-of-way of Leopard St. and Tancahua St. adjacent to the property known as Block 11, 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 First Office Management, Inc. dba American Bank Plaza, 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-ways for the purpose of maintaining planters and landscaping, 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 he revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi. h. Owner shall fully indemnity, 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, use of those portions of the public right-of-way, for the purposes described herein that are depicted by the circles representing planters on the attached drawing marked Exhibit "A" regardless whether such injury, loss or damage shall be caused by the sole negligence of the owner or 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 during the term of this Agreement comprehensive general liability insurance in the minimum amounts of $100,000 for each injured person; $300,000 for personal injury arising out of each lase Privilege Agreement - American Bank Plaza Leopard and Tancahua Accident, anti d100,00O for property damage .Irie;ing out of each accident. Such policies of insurance shall carry the City ,is An additional named insured. Owner shall provide the Cit- thirty (i0) day written notice prior to cancellation, nonrenewal, or material rl.ange of said insurance policy. D. Ibat the use of said area hereby granted shall in no way interfere with the construction or operation by the City (or other utility) of any existing or future proposed sidewalks, utility lines, or other uses, or the maintenance thereof. It Cite (or any other utility company with utilities located in said right-of-way) needs access to the right-of-way, Owner shall be responsible tor either repairing planters and landscaping to their original condition or removing them at which time this use privilege agreement shall terminate immediately. R. The 4' x 4' planter openings shall be saw cut along existing dummy joints in the center panels of the existing sidewalk. A11 applicable State laws and City ordinances shall be complied with. c:. The rights conferred herein are not assignable by Owner without the prior written consent of the City of Corpus Christi. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to he executed on this the day of ATTEST: C1TY OF CORPUS CHRISTI, TEXAS By: , 1989. City Secretary Juan Garza, City Manager APPROVED: /3 day of Hal George, City Attorney , 1989 By: .� moo`-�CcGtyG�f Assistant City Attorney Use Privilege Agreement - American bank Plaza Leopard and Tancahua flit, HAW OF TEXAS § 'CNTV hi: MUCUS § instrument was acknowledged before me an 19 ac Juin Garza as Cit}' `tanager cn behalf of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas The above Grant andel Privilege is hereby accepted this theAD7ff-day of 19_, by First Oi1ice Management, Inc. dba American Ban. Plaza, Owner, agrees to keep and perform the conditions imposed by said Grant and Privilege and that it is hound bn all of the terms of same. rice Managemen ican Bank Plaza dba THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on :aunt Q.-7 , 19f, by John Watson, Building Manager/Representative of First Office Management, Inc. dba American Bank Plaza, an Illinois corporation, on behalf of said corporation. SHELLEY K KIMBALL NOTARY PUBLIC STATE OF T£MAS MY a dMISSION E%RIRE3 NOV 13. 1991 ✓, iC.O ^✓✓dJ✓S. i.IJYYJYl.. /X/lllr SLY/4t Notary Public i and for Use Privilege Agreement - American Bank Plaza 1 ae,nard and Tancahua the State of Texas 3SflOH1.8flOO rn rn 0 c` 2 0 0 0 0 rn r- 0 0 D rn o z „G MEM poimmdm 0 r rn O 0 > O 0 0 NORTH CARR"•.ZC ST. 11 4 1 : 'O 'W I_ oNOT�f�CAHUA ST. 3d0131Nd 0, N. CARANCAHUA That the foregoing ordinance was reaa for the first time and passed to its second reading on this the day of �� 1 , 19 ,)( ; , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the second time and passed to its third reading on this the day of , 19/ , by the following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr. Joe McComb Leo Guerrero Clif Moss Tom Hunt Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time and passed finally on this the day of , 19 > , by the following vote: Betty N. Turner David Berlanga, Sr. I Leo Guerrero Tom Hunt PASSED AND APPROVED, this the ATTEST: City ecretary APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY By Assistant City Attorney 99.044.01 , 19 '. Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of /? 6/( /E ( 19 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 20745