HomeMy WebLinkAbout021163 ORD - 05/14/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
IOAN CHERCIU FOR ACCESS ACROSS THE OSO GOLF COURSE AT
ALAMEDA AND GLENMORE STREETS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authoriz d to
execute a Use Privilege Agreement with Ioan Chercui for access ross
the Oso Golf Course at Alameda and Glenmore Streets, a substantia copy
of which is attached hereto and made a part hereof, marked Ezhibi "A.""
0104: 91104
fitiCRIXILMED
021163
USE PRIVIIF7GE AGREEMENT
THE STATE OF TEXAS )
000NTY OF NUDGES')
That the City of Corpus Christi, acting by and through its duly
authorized City Manager, Juan Garza, in accordance with Article IX,
Section I, Corpus Christi City Charter, for in in consideration of the
sine of One Dollar (51.00) to it in hand paid by Doan Cherciu
"Permittee", of Corpus Christi, Mneces County, Texas, the receipt of
which is hereby acJmowledged, has granted and conveyed and by these
presents does grant and convey, upon the conditions hereinafter
stated, unto said Doan Cerciu, "Permittee", a use privilege for the
richt to install and maintain an 18 foot wide access road within the
property ]mown as Oso Golf Corse of the City of Corpus Christi, as
Shot at the attached drawing marked Eadhibit A.
TO HAVE AND TO HOLD the save unto Doan Cerciu, Permittee, its
successors and assigns, together with the right and privilege under
the omditions and terms hereof, at any and all times to enter upon
the above described right-of-way for the purpose of maintaining said
facility, and- it is further understood that the f
ranted upca the followingoregorrg use
privilege is g
conditions:
1. The 18 foot wide access road must be paved with asphalt with
sufficient S+ +m, and kept in good condition at all times.
2. A caution sign must be installed at the tee box crossing.
Design, location, and wording of the sign must be approved
by the Park & Recreation Departwrt prior to the sign being
installed.
3. Wiring within the driving range and lines feeding same must
be installed underground, i.e. electricity, telephone cable,
etc.
4. landscaping to screen the parking area from the "private
road" must be installed and maintainer in good condition at
all times, see Exhibit "A" for placement of landscaping.
5. Water and Wastewater utility payments are to be paid to the
city Utilities Department as per separate metering adjat
to the subject property.
A. It is understood and agreed that the use privilege hereby
granted may be revoked for sufficient cause at any time upon the
givitng of 60 days notice in writing by the City of Corpus Christi.
B. Permittee shall fully indemnify, save and hold harmless the
City of Chrpus Christi, its officers, employees, and agents
(hereinafter called the "the Indemitees") against any and all
liability, damage, loss, claims, demands and actions of any nature
whatsoever on account of personal injuries (including, without
EXUI B IT. "A"
limitation on the foregoing, workers' compensation and death claims
),
or property loss or damage of any kind whatsoever, what arise out of
or are in any manner connected with, or are claimed to arise out of or
be in any way connected with, installation, maintainence, repair and
existence of the 18 foot wide access road allowed by this Agreemernt,
unless such injury, loss, or damage, shall be caused by the sole
negligence of the Indemhitiees or any of them. Permittee, shall, at
its own expense, investigate all such claims and demands, attend to
their settlement or other disposition, defend all actions based
thereon any of then. Permittee shall, te
all such claims and demands, attend oitst
to their settlement orotherdisposition, defend all actions based thereon and pay all charges of
attorneys and all other costs and expenses of any kind arising frau
any such liability, damage, loss, claims, dmerds, and actions.
C. Permittee shall carry Fbrkmei's Capepsation Insurance in
the amount set by State and Federal rules, regulations and laws, and
contractual liability, product liability, and liquor liability
insurance (in the event liquor is sold) in the amount of
$300,000/$500,000; Property Damage Insurance in the amount of
$100,000; and indemnification of the City against all claim resulting
free the operation of the driving range by the Permittee, his agents,
servants, employees, and assigns. City is to be ;named additional
insured and City must be notified in writing thirty (30) days prior to
cancellation, non -renewal, or material change in coverage under any of
the above referenced insurance policies.
D. Permittee shall have and maintain ocmprehensive 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, Permittee
shall provide copies of all insurance policies. Such policies may not
be Canoeiled, renewed or materially chhanged without thirty (30) days
written notice to the City.
E. Mat the use of said area hereby granted shall in no way
interfere with the construction or operation by the City of any
ming 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 access road area) needs to utilize the
access road area, Permittee shall be responsible for either repairing
the access road to its original condition or removing the access road
at which time this use privilege ayawamtl shall terminate immediate.
F. Permittee shall be responsible for maintaining the access
road, the caution sign, and the landscaping at all times, at his awn
expose, regardless of the type of damage that may occur. Permittee
shall be responsible for repairing the access road to its original
condition. If the landscaping freezes, Permittee shall be responsible
for replacing the landscaping in a timely fashion. Failure to do so
shall terminate this use privilege agreement immediately.
H. The rights conferred herein shall not be assigned by Owner
without the prior written consent of the City of Corpus Christi as
Lessor.
I. If the property for the benefit of which this use privilege
agreement is entered into ceases to be used as a driving range for a
period in excess of three (3) months, this use privilege agreement
shall terminate.
J. The city retains the right to use all property subject to
this agreement. This is not a lease.
IN TESTIMONY WHEREOF, the City of Carpus Christi has caused these
presents to be executed on this the day of , 1991.
ATTEST:
City Secretary
APPROVED:
�2 4 Day of Agri" , 1991
CITY OF C CRI S CHRISTI
BY:
Jean Garza, City Manager
SPATE OF TSS )
COUNTY OF NUEC S )
This instrument was acknowledged before me on
1991, by Jean 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
drivr117.oso:jd
The above Grant and Privilege is hereby accepted this
of , 1991, by loon the�iu, "Permittee", Permittee
agrees to keep and perform the conditions imposed by said Grant and
Privilege and that it is bawd by all of the terms of same.
Permittee
Loan Cher+duiu
STRTE OF TEERS)
mtY OF NUBCFS)
This instrument was acknowledged before me m
1991, by loan Cher hiu.
drivvgl7.oso:jd
Notary Public, State of Teras
Printed Name:
My Commission Expires:
That• a toregomg ante was read tor the first tune and passed to its second realm
the j t) day of 19 Q j , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That theipregoing or
this the / day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the
day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Okoed-
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
atic
ot,„
ce was read for th sgcond time and passed to its third reading on
19 / , by the following vote:
aky
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
oing ordinance wAs, read for the third time and passed
19(4 / , by the following vote:
abff
PASSED AND APPROVED, this the 4
ATTEST:
atS1
City Secretary C MAYO
THE CITY CORPUS CHRISTI
APPROVED: aS DAY OF 4- yt l , 191_:
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
By -A‘•1,5ri7Y1 Gtgkqti- , Assistant City Attorney
044
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of
finally on this the %1
021163