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HomeMy WebLinkAbout020753 ORD - 08/15/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RED LINE BURGERS, INC. TO ALLOW THE INSTALLATION AND MAINTENANCE OF AN ENTRANCE LANE 12 FEET INTO THE PUBLIC RIGHT-OF-WAY CN E1,ANLEv GEfUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CCPPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with Red Line Burgers, Inc. to allow the installation and maintenance of an entrance lane 23 feet into the public right-of-way on Stanley Street at South Port Avenue for a fee of 3750, 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. C6ORP099.ord 20753 MICROFILMED 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 Seven Hundred and Fifty Dollars ($750.00) to it in hand paid by Steve Schiffman, Construction Consultant, Red Line Burgers, Inc. (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, Red Line Burgers, Inc., Owner, a use privilege for the right to install and maintain an entrance lane within 12 feet of the south right-of-way line of the property known as Stanley Street in Corpus Heights Subdivision of the City of Corpus Christi, as recorded in Volume 4, Page 17, Nueces County, Texas, Map Records as shown on the attached drawing marked Exhibit "A". TO HAVE AND TO HOLD the same unto, 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 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. Use Privilege Agreement - Red Line Burgers, Inc. Stanley Street, Corpus Heights Subdivision 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 $100,000 for property damage arising out of each accident. Such policies of insurance shall carry the City as an additional named insured. D. There is a water meter located in the area of Stanley Street across which this use privilege is being granted. Owner will pay all costs of relocating said water meter outside of the use privilege area prior to construction of the entrance lane. E. To allow for proper drainage of the currently existing open drainage ditches, adjacent to the north right-of-way line of lots 4, 5, 6, & 7, Block 6 of Corpus Heights Subdivision, Owner will install an 18" R. C. pipe and fill the open ditches to natural ground level. F. The area of Stanley Street across which this use privilege is being granted shall be used as an entrance drive only and will not be used for any other purpose. G. Violation of any of the conditions of this use privilege agreement shall result in termination of this agreement upon thirty (30) days written notice by the City of Corpus Christi. After termination of this agreemnt, Owner shall remove all improvements it installed pursuant to this agreement and return the street right-of-way to its original condition on the date this agreement was executed. H. 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, Owner shall be responsible for either repairing the entry structure to its original condition or removing the entry structure at which time this use privilege agreement shall terminate immediately. I. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. J. The rights conferred herein are not assignable by Owner without the prior written consent of the City of Corpus Christi as Lessor. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 19 ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager Use Privilege Agreement - Red Line Burgers, Inc. Stanley Street, Corpus Heights Subdivision Page 2 of 3 APPROVED: c).40 day of , 1987 j Hal George, City Attorney BY:s 2 Sinkn�.ea.c,uatl Assistant C'ty Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 19 by Juan Garza as City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas The above Grant and Privilege is hereby accepted this the /Mb day of :TUNE , 149 , by G. Charles Hatch, Red Line Burgers, Inc., 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. G. Charles Hatch, (cSID.:Er Red Line Burgers, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by G. Charles Hatch, Red Line Burgers, Inc. SANCHEZ Po MW lan. 13.1q Notary Public in and for the State of Texas Use Privilege Agreement - Red Line Burgers, Inc. Stanley Street, Corpus Heights Subdivision Page 3 of 3 .. .. ry \W, 2/ .. ,. ., 4-0 3i.e4 25 20 27 13 29 30 3/ 3.2 L i N 0 1 T--'Lz 33 /0 0 So. -72• q B 60 51. \I I 1 /33. 16.61. X 01 15s /0 9 8 7 6 .5 4 3 -2 4 Ce �� o 1/4_4\� \C7> \W q;I:s \C .25 ' 15 4/.s6 6/.c7 fi. 6G 30 30 1/.711 3r.97 0 co GREENWOOD DR Cosed b, O.d '/3690 3/1/77/ 0 //0 • 26-5- 160 ar 460 656 36/ B 0 O 40 co e5 \0 S,28'20'W /375' /44 20' m \C EXH/B/T "A" 3 /33 42/ h 0 ry \W, 2/ • \N alierStalal ®M .20 /9 /6 \� n© —rigni - 3 4-0 W ' 4 -E \so ry \CcOs /4 0 1 10 33 /0 S0.22 9 Ys`1 0\O M• 60 51. So. -72• q B 60 51. I` I 1 /33. 16.61. X 01 15s GREENWOOD DR Cosed b, O.d '/3690 3/1/77/ 0 //0 • 26-5- 160 ar 460 656 36/ B 0 O 40 co e5 \0 S,28'20'W /375' /44 20' m \C EXH/B/T "A" 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 1 , 19 ('' , by the following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr. Joe McComb Leo Guerrero Clif Moss /r Tom Hunt Mary Rhodes t� Frank Schwing, Jr. i(t 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. 1, That the foregoing ordinance was read for the third time and passed finally on this the day of � ' , 19 'V,' , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt PASSED AND APPROVED, this the AT EST: ity Secretary APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY By , 19 Assistant City Attorney 99.044.01 Edward A. Martin Joe McComb (; Clif Moss Mary Rhodes Frank Schwing, Jr. day of , 19 MAYOR 7/ THE CITY OF CORPUS CHRISTI, TEXAS