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Home My WebLink About021137 ORD - 04/16/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH I. GOLTZMAN AND SONS TO ALLOW THE INSTALLATION OF A CANVAS AWNING APPROXIMATELY 9 FEET ABOVE THE SIDEWALK LEVEL IN THE PUBLIC RIGHT-OF-WAY OF CHAPARRAL STREET, ALONG A PORTION OF LOT 2 AND ALL OF LOT 3, BLOCK 9, BEACH PORTION; 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 I. Goltzman and Sons to allow the installation of a canvas awning approximately 9 feet above the sidewalk level in the public right of way of Chaparral Street, along a portion of Lot 2 and all of Lot 3, Block 9, Beach Portion, recorded in Volume A and B, Page 3, Map Records, Nueces County, Texas, for a fee of $500, all as more fully set forth in the Use Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that thi ordinance is assed and shall takg,,effect upon first reading as an emergency measure this the / fp day of is 17' , 19 7 / / . Al 1'EST: ZZoTh 42tf,Cltet__ City Secretary AYOR APPROVED: Jo DAY OF pm j , 19 9j THE CITY OF CORPUS CHRISTI JAMES R. BRAY JR., INTERIM CITY ATTORNEY By VQ0.9 Assistant City A torney ORD4: 91090 021137 Nt10 0F'LNIEU USF PRIVILEGE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES § That the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, in accordance with Article IX, Section 1, Corpus Christi City Charter, for and in consideration of the sum of Five Hundred and no/100 dollars ($ 500.00 ) to it in hand paid by Daniel Goltzman; Managing Partner of I. Goltzman & Sons (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 said Owner, a use privilege for the right to install and maintain a canvas awning (L-82', W-5' & H-3}') approximately 9 feet above sidewalk level, in the public right-of-way of Chaparral Street which abuts the property known as Beach Portion, Block 9, Portion of Lot 2 & all of lot 3 of the City of Corpus Christi, as recorded in Volume A & B, Page 3 , 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 LUV and all times to enter upon the above described right-of-way for the purpose of maintaining said canvas awning, 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. 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 $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, Owner shall provide copies of all insurance policies. Such policies may not be cancelled, not renewed or materially changed without thirty (30) days written notice to the City. Use Privilege Agreement Daniel Goltzman, I. Goltzman & Sons Page 1 of 3 L. The use of said area hereby granted shall in no way interfere with the construction or operation by the City cf any existing or future proposed siuewalks, 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, Owner shall be responsible for either repairing the canvas awning to its original condition or removing the canvas awning at which time this use privilege agreement shall terminate immediately. E. No public street, or any portion thereof, shall be closed or barricaded to use by the public for the purpose of installing, repairing cr maintaining the canvas awning until after the owner or his contractor has filed with this office a detour and/or barricading plan that has been approved by Traffic Engineering. F. Owner shall be responsible for maintaining the canvas awning at all times, at his own expense, regardless of the type of damage that may occur. Owner shall be responsible for maintaining, or repairing the canvas awning to its original condition within thirty (30) calendar days after damage occurs. Failure to do so shall terminate this use privilege agreement immediately. C. hli applicable State, County laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. H. The rights conferred herein shall not be assigned by Owner without the pr -nor 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 City Secretary By: Juan Garza, City Manager APPROVED: -2.5 day of 0 -van , 19 ql By: A uo-,& �1tcw,v� Assistant City Attorney Use Privilege Agreement Daniel Goltzman, I. Goltzman & Sons Paget of 3 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 19 by Juan Garza as City Manager of the City of Corpus Christi, Texas, aTexas Municipal Corporation, on behalf of said corporation. Notary Public in and for the State of Texas The above Grant and Privilege is hereby accepted this the,,2 day of day 19%/, by Daniel Goltzman. Mana:in. Partner of I. Goltzman & Sons , Owner, said Owner agrees to keep and perfoLm the conditions im- posed by said Grant and Privilege and that it is bound by all of the teLws of same. STATE, OF TEXAS COUNTY OF NUECES § § By Daniel Goltzman Managing Partner I. Goltzman & Sons This instrument was acknowledged before me on ca, - 7/ by Daniel Goltzman Mana in Partner on behalf of I. Goltzman & Sons ',la ' Texas (State) Partnership. / ZStateotary ofublic in . for the Use Privilege Agreement Daniel Goltzman, I. Goltzman & Sons Page 3 of 3 JANICE M. JAMES Notary Public My Comm. Exp. Dec. 10, 1993 to Ls Of '441/4 . . , •••• • litr - . Mt .. - vie 0 0 0 ..... ST 1104•LIES ST at 1 1 JT 11 01. 4 ST ............ • . • . • • .. Pio..,, ST. 0 1 • ear • 4 0 •471/4-- Ldit EXHIBIT A Corpus Christi, Texas 6 day of O'Ck, , 19 (7 / 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 The above ordinance was Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 045 MAYOR THE CITY OF CORPUS CHRISTI passed by the following vote: Ott Al (y, 021137