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Home My WebLink About021083 ORD - 02/19/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, ON ITS BEHALF AND AS AGENT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AND GEORGE ROBERT SWANTNER, FOR THE INSTALLATION AND MAINTENANCE OF A FIVE FOOT CONCRETE SIDEWALK WITHIN THE ALLEY FROM PALMERO TO CLIFFORD, LANDSCAPING AND CONCRETE WALKWAYS TO REAR ENTRANCE TO RETAIL BUSINESSES WITHIN THE PROPERTY KNOWN AS DEL MAR SUBDIVISION; AND DECLARING AN EMERGENCY. 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 the Corpus Christi Regional Transportation Authority, on its behalf and as Agent for the Federal Deposit Insurance Corporation and George Robert Swantner, for the installation and maintenance of a five foot concrete sidewalk within the alley from Palmero to Clifford, landscaping, and concrete walkways to rear entrance to retail businesses within the property known as Del Mar Subdivision, all as more fully set forth in the Use Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that thistordinance is a sed and shall take effect upon first reading as an emergency measure this the 16 day of ° u h , , 19 I Al TEST: YOR THE CITY OF CORPUS CHRISTI APPROVED: 1 Yj DAY OF �b�,�. , 19 °I I JAMES R. BRAY JR., INTERIM CITY ATTORNEY By ity Attorney ORD4: 91029 0^1083 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 One Dollars ($1.00) to it in hand paid by the Regional Transportation Authority, (hereinafter the "Agent") 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 said Agent, a use privilege for the right to install and maintain a five foot concrete sidewalk within the alley from Palmero to Clifford, landscaping, and concrete walkways to rear entrance to retail businesses within the property known as Del Mar Subdivision, Block 36, Lots 1-13R, of the City of Corpus Christi, as recorded in Volume 4, Page 8, Nueces County, Texas, Map Records as shown on the attached drawing marked Exhibit A. TO RAVE AND TO HOLD the same unto Agent, Federal Deposit Insurance Corporation and George Robert Swantner, their respective 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 sidewalks and/or 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 be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi. B. Agent, on its behalf and as agent for Federal Deposit Insurance Corporation and George Robert Swantner, 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 the Agreement, unless such injury, loss or damageshall be caused by the sole negligence of the Indemnitees or any of them. Agent 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 Use Privilege Agreement Service Alley at Six Points (RTA) Page 1 of 5 »HIdir 4. of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. C. Agent 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. Upon City's written request, Agent shall provide copies of all insurance policies. Such policies may not be canceled, not renewed or materially changed without thirty (30) days written notice to the City. D. No public street, or any portion thereof, shall be closed or barricaded to use by the public until after the contractor has filed with this office a detour and/or barricading plan that has been approved by Traffic Engineering. E. That no permanent or temporary structure or fixture shall be permitted within the service alley right-of-way. F. That no vehicular access, other than City vehicles, be permitted within the service alley right-of-way. G. Fee for this privilege is one dollar since all parking areas adjacent to the service alley in Del Mar Subdivision, Block 36, will be open without charge to the general public. Failure to do so may cause this use privilege agreement to terminate immediately upon ten (10) days written notice to RTA/Agent. H. Damages to either the wastewater, gas, or water utilities attributable to the construction shall be remedied at Agent's expense, including all cost of City inspector's time at a daily rate of $235.00 and overtime rate of $44.00 per hour involved in overseeing the repair of such damages that result within six months from the completion of construction. 1. RTA is signing this Use Privilege Agreement on its behalf and is also acting as Agent for Federal Deposit Insurance Corporation and George Robert Swantner, both of whom consent to all provisions set out herein. J. 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 right-of-way) needs access to the .right-of-way, Agent shall be responsible for either repairing the concrete sidewalks and/or landscaping to its original Use Privilege Agreement Service Alley at Six Points (RTA) Page 2 of 5 repairing the concrete sidewalks and/or landscaping to its original conditions or removing the sidewalk and/or landscaping at which time this use privilege agreement shall terminate immediately. K. Agent shall be responsible for maintaining the sidewalks and/or landscaping at its own expense, regardless of the type of damage that may occur. Agent shall be responsible for repairing the concrete sidewalk and/or landscaping to its original condition. Agent shall maintain such landscaping in compliance with City Code requirements. Failure to do so shall terminate this use privilege agreement immediately. L. All applicable State and County laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. M. The rights conferred herein shall not be assigned by Agent without the prior written consent of the City of Corpus Christi as Lessor. SIGNED in multiple counterparts, each of which original, this the day of ATTEST: APPROVED: 8 day of February, 1991 alletW Assistant Cit Attorney THE STATE OF TEXAS COUNTY OF NUECES constitutes an 1991. CITY OF CORPUS CHRISTI By: This instrument was acknowledged before me on 1991, by Juan Garza as City Manager of the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of Texas Use Privilege Agreement Service Alley at Six Points (RTA) Page 3 of 5 The above Grant and Privilege is hereby accepted this the % day of February, 1991, by Rgyionat/TahsporJa-h'on Agent, said Agent agrees to keep and perform the conditions imposkd by said Grant and Privilege and that it is bound by all of the terms of same. By: giews.b Name: Tin omits A NIS146a. Title: Gtner.) Hanager Address: P.O. kScx easel -0 Corpus Christi , -rx 78Yo j - 3o'fo The above Grant and Privilege is hereby accepted this day of February, 1991, by which hereby certifies that RTA is acting as its Agent in all matters set forth herein. By: Name: Title: Address: The above Grant and Privilege is hereby accepted this day of February, 1991, by which hereby certifies that RTA is acting as its Agent in all matters set forth herein. Use Privilege Agreement Service Alley at Six Points (RTA) Page 4 of 5 By: Name: Title; Address: THE STATE OF TEXAS COUNTY OF NUECES FThis instrument was acknowledged before me on the % day of -eraQ✓ , 1991, by Thomas A. Niskala, the General Manager of the Cgkpus Christi Regional Transportation Authority, a Texas transit authority, on behalf of said authority. THE STATE OF TEXAS COUNTY OF NUECES eJ / Notary Publg n and fo the yState of Texas o�N"4 4 WNNIE 1. NAHN STATE Poale OF i *Cat Ea Du. 14.1992 This instrument was acknowledged before me on 1991, by as of Federal Deposit Insurance Corporation, a federally chartered corporation, on behalf of said corporation, acting in its capacity as of NBC Bank N.A. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1991, by George Robert Swantner. Notary Public in and for the State of Texas Use Privilege Agreement Service Alley at Six Points (RTA) Page 5 of 5 Corpus Christi, Texas 10 day of tOLVOAll , 19 q TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members OR (f THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Betty N. Turner (-1)(J Cezar Galindo a, i,01 Leo Guerrero 01.,/ , Tom Hunt ail , Edward A. Martin (,y 2 Joe McComb al* Clif Moss do Mary Rhodes it1lj Frank Schwing, Jr. Oil 021083 AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, ON ITS BEHALF AND AS AGENT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AND GEORGE ROBERT SWANTNER, FOR THE INSTALLATION AND MAINTENANCE OF A FIVE FOOT CONCRETE SIDEWALK WITHIN THE ALLEY FROM PALMERO TO CLIFFORD, LANDSCAPING AND CONCRETE WALKWAYS TO REAR ENTRANCE TO RETAIL BUSINESSES WITHIN THE PROPERTY KNOWN AS DEL MAR SUBDIVISION. 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 the Corpus Christi Regional Transportation Authority, on its behalf and as Agent for the Federal Deposit Insurance Corporation and George Robert Swantner, for the installation and maintenance of a five foot concrete sidewalk within the alley from Palmero to Clifford, landscaping, and concrete walkways to rear entrance to retail businesses within the property known as Del Mar Subdivision, all as more fully set forth in the Use Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ORD4:91029 That the foregoing ordinance was read for the first t*me and passed to itst� Second reading on this the J. day of �jthi L,(C1.h I , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt (littata at F - Edward A. Martin Joe McComb Clif Moss Mary Rhodes C Frank Schwing, .Jr. etb-42,2 n± 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. Marti Cezar Galindo JS l - 7 Joe McComb Clif Moss Tom Hunt Mary Rhodes Frank Schwing, Jr. Leo Guerrero 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 Cezar Galindo Leo Guerrero Tom Hunt PASSED AND APPROVE ATTEST: City Secret APPROVED: / _1 DAY OF 1U�..uGLF-5 i this the , 19 j : Sward A. Martin Joe McComb Clif Moss Mary Rhodes F .nk Schwing, Jr. day of MAYOR THE CITY OF CORPUS CHRISTI JAMES R. BRAY, JR., INTERIM CITY ATTORNEY By A Luacyc Assistant Citfy Attorney 044 , 19