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HomeMy WebLinkAboutC2008-254 - 7/16/2008 - NAUSE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section 1. Corpus Christi City Charter, in consideration of One Thousand Five Hundred and Ninety Four Dollars ($1,594) by Corpus Christi Metro Ministries. Inc., ("Permittee") of 1919 Leopard Street, Corpus Christi, Nueces County, Texas the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said Permittee, a use privilege for the right to construct, install, maintain, repair, remove and replace a 2-foot wide roof overhang, (approximately 49'-0" in length, depth of 4'-0" into right-of-way from front wall and height between 19'-0" from the top of the sidewalk to bottom of roof extension over right of way to 30"-0" at top of roof at the Leopard Street gable end of the building) within the Leopard Street right-of-way; along with a 2-foot wide roof overhang (approximately 60'-0" in length, depth of 6'-0" into right-of-way from side wall, and height between 19'-0" from sidewalk to bottom of the roof extension over right-of-way and 21'-0" above the sidewalk), and a 4-foot wide roof overhang (approximately 84'-0" in length, depth of 6'-0" into right-of-way from side wall, and height between 19'-0" from sidewalk to bottom of the roof extension over right-of-way and 21'-0"above the sidewalk), within the Doss Street public street right-of-way, within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated on Exhibit A. TO HAVE AND TO HOLD the same unto Permittee, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right-of-way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Permittee's compliance with the following conditions: A. This Use Privilege Agreement ("Agreement') may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager). B. Once approved by the City and Permittee, this Use Privilege Agreement is for a term of one year, and automatically renews annually, unless either the City or Permittee gives written notice of termination to the other party at least sixty days before the end of each annual term. 2008-254 Page 1 of 6 07/16/08 My Documents\Development Services\UPA Metro Ministries.doc CC Metro Ministries C. PERMITTEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES. AND AGENTS, (`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 MANNER CONNECTED WITH THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. D. The consideration of One Thousand Five Hundred and Ninety Four Dollars ($1,594) will be waived so long as Metro Ministries uses the premises in a manner that primarily promotes a public purpose of the municipality. However, this Agreement shall terminate and ownership of the aerial rights-of-way shall automatically revert back to the City if Metro Ministries at any time fails to use the property in a manner that primarily promotes a public purpose of the City. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the Use Privilege Improvements and the activities related to the Use Privilege Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. The General Liability policy must name the City as Additional Insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or materially changed without 10 days advance written notice to the City's Assistant. City Manager of Development Services, or designee ("Deputy Director of Development Services"). F. Permittee shall require its contractor and each subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Page 2 of 6 C:\Documents and Settings\YvetteAUAy Documents\Development Services\UPA Metro Ministries.doc Exhibit B and required its contractor and each subcontractor to indemnify the City, its officers, employees, and agents in the same manner that Permittee has provided indemnification to the City, prior to the start of construction. G. Permittee's use of the Use Privilege Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently located in said rights-of-way) needs access to the rights-of-way, Permittee must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Permittee must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. H. Permittee must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain the Use Privilege Improvements until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. I. Permittee must pay to maintain or repair the Use Privilege Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement immediately. J. Permittee must comply with all applicable Federal, State, and focal laws and regulations, as may be amended. K. Permittee must not assign this Agreement without City's prior written consent. L. Permittee must submit a set of construction drawings to the City Engineer for any proposed work two weeks prior to onset of construction. The drawings must show depth and location of the proposed construction and distance from the existing water, storm water, wastewater and gas lines. M. Permittee, at least 48 hours prior to beginning work, must give notice and verity depth and location of all existing City Water, Wastewater, Gas, AEP, AT&T, Time Warner, and Grande Communications lines, as well as Expedius, CenturyTel, CSW, and CAPROCK, communication fiber optic cables. Permittee must also call the 1-800-DIG-TESS, Lone Star Notification Center (1-800-669- 8344), and AT&T (1 -800-828-5127) for locations of existing utilities at least 48 hours prior to the start of construction. A City Inspector may request a utility line be uncovered to verity its depth or location. Page 3 of 6 C:\Documents and Settings\YvetteA\My Documents\Development Services\UPA Metro Minislries.doc N. Permittee must not begin work without 48 hours prior notice to the AEP, AT&T, Water, Gas, and Wastewater Divisions along with the ESPIRE, CenturyTel, CSW, and CAPROCK, communication fiber optic companies. O. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. P. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, aCity Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Managers invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). O. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Use Privilege Improvements pursuant hereto. Ahalf-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day. or on Saturday. Sunday or Holidays, must be calculated at a daily rate of $56.49 an hour. Permittee must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase, R. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. S. Damage to driveways. culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. T. Permittee must not store or leave any equipment or material in City right-of-way overnight. U. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. V. Permittee may not leave bore pits open longer than 14 calendar days regardless of location. Barrel type barricades, approved by City's Traffic Engineering Office, will be placed adjacent to all open pits. Page 4 of 6 C:\Documents and Settings\YvetteAUvey Documents\Development Services\UPA Metro Minisfries.doc W. Roof overhangs are to have a minimum clearance of no less than 9-feet or a maximum clearance of 14-feet between the lowest point or projection and a sidewalk immediately below. X. Public right-of-way shall be maintained clear at any and all obstructions, including posts, support columns, and private light pole fixtures, etc. NOTE; All references herein to Permittee Include Permittee's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHERE F, the City o/f~Corpus Christi has caused these presents to be executed on this the day of _ (ihAOAM , 2008. ATTEST: ~- Armando Chapa City Secretary CITY OF CORPUS CHRISTI sy: G orge K. Noe City Manager APPROVED AS TO LEGAL FORM: ~~day of ,J„ /~ , 2008 By: R. Ja e} ing, First ssistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2008, by George K. Noe, as City Manager of the City of C )o~rp~ ~ ~C~h~r' ti, a Texas Municipal Corporation, on behalf of said corporation. ~~f `^"u-" ~~ Notary Public, State of Texas '!t~'""ks COrMIE PARKS Page 5 of 6 '' MY COMMISSION EXPIRES ~:"`.~ ~ # Novertber 0, 2011 C:\Documents and Settings\YvetteAVdy DocumentslDevelopment Services\UPA Metro Ministries.doc The ab e G ant and Privilege is here by accepted this the ~ day of 2008, by Sheila Senterfitt, VJ'e~ President of Corpus Christi Metro Ministr' s, In ,the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Use Privilege Agreement and is bound by all of the terms of the same. By: V~~ President ~/ corpus Christi Metro Ministries, Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ , 2008, by Sheila Senterfitt, ~ie~ President of Corpus Christi Metro inistries, Inc., on behalf of a non-profit Texas corporation. te,~.~.~:.~~. S ROBERTS :,lc.9b\, Notary PuClic \i~''R~`DDor..~p%%~// My Comm~FxD~ 07-18-2009 otary ublic, State of Texas Page 6 of 6 C:\DOCUments and Settings\YvetteAVvly Documents\Development ServiceslUPA Metro Ministries.doc EXHIBIT A . . Proposed Metro Ministries Two Story Building .. :. ~. ' ~ i Dy Leo~~ara Street ~3uilding Flan Indi.cat:ing Pouf lave ~~ Doss Street VoL '('0 Scale ~pi ~o !~ R8 y ~ ~I, _. m S g F!m ~° ~ ~!p ~~~~~ q~ ,Q \\-JAL'-/J r 3i ~ .. s'. a' ._ r_o- fw: I n --~i,. Y '9 i - - -gym.-~Ic ~~0 ~'~ a _ a ---- -a. Y ~ gyp ~A ~Ty pAA ~3LIm ~R ~~ F ~~ q! N 4 EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day wrttten notice of cancellation, non-renewal, Bodily InJury and Property Damage material change or termination and a 10 day written Per occurcence aggregate notice of cancellation for non-payment of premium is required on all certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Underground Hazard 4. Products/Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors AUTOMOBILE LIABILITY-OWNED, NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 C. In the event of accidents of any kind, Permittee mustfurnish the Risk Managerwith copies of all reports of such accidents within 10 days of any accident. 2008 CC Metro Ministries UPA ins. req. ep Risk Mgmt. II. ADD1710NAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 2008 CC Metro Ministries UPA ins. req. ep Rlsk Mgmt.