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HomeMy WebLinkAboutC2008-558 - 6/23/2008 - NAQRIGIA.7' STREET RIGHT OF WAY MAINTENANCE 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, under Article IX, Section 1, Corpus Christi City Charter, in consideration of the value of improvements constructed within the City rights of way by Shutters Management, Ltd., ("Owner"), a Texas domestic limited partnership, authorized to do business in Texas, has executed and by these presents does execute a STREET RIGHT OF WAY MAINTENANCE AGREEMENT ("Agreement"} with the Owner, for the right to occupy an area within the Winnebago Street right of way approximately 30 feet in width and 400 feet in length, immediately adjacent to Bluff Portion, 131ock 7, Nueces County, for the use, operation, and maintenance of concrete curb and gutter, sidewalks, driveways, landscaping and irrigation systems, parking areas, and ADA improvements, and other miscellaneous improvements associated with the project (in this Agreement collectively known as "the Improvements"), located at 901 Upper Broadway, within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A, upon the conditions stated in #his Agreement. Shutters Management, Ltd., its successors, and assigns, have the right, under the conditions in the attached Exhibit A and the following conditions, to enter upon the above described street right of way to maintain the Improvements; and it is further understood that this agreement is executed subject to Shutters Management, Ltd.'s compliance with the following conditions: A. This Agreement terminates if, at any time, City Manager or designee ("City Manager") gives Shutters Management, Ltd. written notice of any of the following and Owner does not cure within 60 days of the notice: (1 }Shutters Management, Ltd.'s failure to maintain the Improvements in their original condition (except for normal wear and tear of concrete and asphalt surfaces); or (2) Shutters Management, Ltd.'s fiailure to perform an obligation which this agreement requires Owner to perform. B. If any other provision of this agreement provides for revocation or termination by the City immediately or upon notice shorter than 60 days, then, at City's option, the other provision shall prevail and the notice provision in section A does not apply. C. To the extent allowed by Texas law, Shutters Management, Ltd., shall fully indemnify, save, and hold harmless the City of Corpus Christi, its officers, employees, agents, licensees, and invitees ("Indemnitees"} against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal 2008-558 A-1 06/23/08 AY MAINTENANCE AGREEMENT - rjr 04172008 shutters Management ~~DE:~~ 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 Improvements or construction, instaNation, existence, operation, use, maintenance, repair, restoration, or removal of the Improvements under this agreement. However, this indemnity does not apply to the extent that the injury, loss, or damage is caused by the negligence of the Indemnitees or any of them. Shutters Management, Ltd., shall, at its own expense, investigate all claims and demands covered by this indemnity, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Indemnitees, and. pay all charges of attorneys and all other cost and expenses of any kind arising from any of the liability, damage, loss, claims, demands, or actions to the extent it is determined that any liability, damage, loss, claim, demand, or action are valid against the indemitees. D. Shutters Management, L#d., shall acquire and maintain commercial general liability insurance pertaining to the Improvements and the activities related to the Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Shutters Management, Ltd., shall provide copies of all insurance policies to the City Attorney. Unless the City's Director of Engineering Services or designee ("City Engineer") is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. E. Shutters Management, Ltd.'s use of the Improvements must not interfere with the City's construction, operation, repair, replacement, or maintenance of any existing utilities or street or drainage improvements within the Winnebago Street right-of--way, other than as shown on the attached Exhibi# A. if the City needs access to the area of the Winnebago Street right-of--way covered by this Agreement for construction, repair, replacement, or maintenance of existing or future utility or street or drainage improvements, Shutters Managemen#, L#d., upon reasonable prior notice, must render the Improvements (or the applicable portion thereof) open for such construction, repair, replacement, or maintenance, which may involve removal or modification of some or all of the Improvements (as applicable). Shutters Management, Ltd., shall restore the Improvements, as applicable, to the extent practicable to their original condition following the City's construction, repair, replacement, or main#enance of any utilities or street or drainage improvements. In the even# all of the Improvements are removed, this Agreement shall terminate." F. Shutters Management, Ltd., is responsible for all costs associated with maintenance or repair of the Improvements at all times, regardless of the type of damage that may occur. G. Shutters Management, Ltd., shall comply with all applicable Federal, State, and local laws and regulations, as may be amended. A-2 SHUTTERS STREET RIGHT Of WAY MAINTENANCE AGREEMENT - rjr 04172008 H. Shutters Management, Ltd., may not assign this Agreement to any party, other than to any parent ar subsidiary of Shutters Management, Ltd., or to any corporation controlled by, controlling, or under common control with Shutters Management, Ltd., (a "Related Entity") or the condominium property owner's association responsible for the management of the adjoining property located at 901 Upper Broadway, without the City's prior written consent. I. Shutters Management, Ltd., shall submit a set of construction drawings to the City's Deputy Director of Development Services for any proposed work within the street right of way two weeks prior to beginning of construction. J. Prior to the start of any excavation, Shutters Management, Ltd., or Shutters Management, Ltd.'s agent shall call the 1-800-DIG-TESS and Lone Star Notification Center (1-800-669-8344} for locations of existing utilities. Shutters Management, Ltd., shall verify depth and location of any existing utilities, public or private. A City Inspector may request a utility line be uncovered to verify its depth or location. K. Shutters Management, Ltd., may not begin work without 48 hours prior notice to the AEP, SBC, Grande, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along with the Expedius, KMC, ICG, and CAPROCK, communication fiber optic companies. L. If damage occurs to any City utilities within the street right of way, due to the acts or omissions of Shutters Management, Ltd, its agents, or contractors, as determined by the City"s representative, aCity crew will be brought in and allowed to immediately make all repairs.. All City costs (labor and materials) associated with the repairs must be paid by Shutters Management, Ltd., within 30 days of City Manager's invoice. However, Shutters Managemen#, Ltd., is not required to pay if the damage is caused by the sole negligence of the City indemnitees as defined in Section C above. City's representatives will determine the extent of damage and amount of necessary repairs. For City's access to manholes, an unobstructed area within a 15 ft. radius of the center of each manhole must be maintained. M. Work around any existing water main must be done under the inspection of a Water Department Inspector at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Improvements under this Agreement. A half 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 a Saturday, Sunday, or Holiday, must be calculated at a daily rate of $56.49 an hour. Shutters Management, Ltd., shall pay these funds to the City of Corpus Christi. These amounts will be adjusted annually on August 1 to reflect any pay increases. N. Shutters Management, Ltd., shall take every precaution not #o disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. 0. Shutters Management, Ltd., may not store or leave any equipment or material in City right of way overnight, other than while the Improvements are being constructed. A-3 SHUTTERS STREET RIGHT OF wAY MAINTENANCE AGREEMENT -- rjr 04172008 P. The Owner and the Owner's Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No trenches or pits may be left open overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. Q. If this Agreement terminates for any reason, then Shutters Management, Ltd., shall restore the original curb and gutter alignment, remove all portions of the Improvements that constitute obstructions and encroachments from the street right of way, and restore any sidewalks and street pavement that were damaged by the removal of the Improvements within 60 days of termination. R. In addition to any termination rights of the City set forth in this Agreement, and unless this Agreement has been assigned to another party with the Gity's consent or to the condominium property owner's association responsible for the management of the adjoining property located at 901 Upper Broadway, this Agreement shall terminate upon the date that Shutters Management, Ltd., or a Related Entity no longer owns a leasehold interest or fee simple title to property adjoining the Improvements. In that event, Shutters Management, Ltd., shall promptly remove the obstructions and encroachments from the street right of way, and restore the street right of way to its condition before construction of the improvements. R. As part of this agreement, Shutters Management, Ltd., agrees to the following conditions: a) Maintain the right of way area free of stocked machinery or equipment that would prohibit access required to construct, maintain, repair, or replace any existing or future utilities, or street or drainage improvements; provided, that any machinery or equipment used during the construction of the Improvements is not permanently affixed to the Improvements and may be moved in connection with the construction, maintenance, repair, or replacement of any existing or future utilities, or street or drainage improvements. b) Shutters Management, Ltd., is responsible for any damage that occurs to any existing utilities or improvements within the right of way during construction of the Improvements, except for modifications to existing City improvements as contemplated in Exhibit A. S. This agreement shall be recorded in the Deed Records of Nueces County, Texas. NOTE: All references in this Agreement to Shutters Management, Ltd., include Shutters Management, Ltd.'s contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of~orpus Christi has caused these presents to be executed on this the ~ day of f:~ , 2008. ATTEST: CITY OF CORPUS CHRISTI A-4 SHUTTERS STREET RIGHT OF WAY MAINTENANCE AGREEMENT - rjr t}4172008 By: Armando Chapa eorge K. Noe City Secretary City Manager APPROVED: /~~day of .~v~ -~- , 2008 By: R. J Re~+ ing Fir t As~stant Cit ttorney A-5 SHUTTERS STREET RIGHT Of WAY MAINTENANCE AGREEMENT - rjr 04172048 ~ M~ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~~I,c. ~ _, 2008, by George K. Noe, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of the corporation. / /`~ ; ~ MY COMMISSION EXPIRES ~.~~y((// .~,ti~N~ , ~ 28, 2011 - _ - - Notary P lic, State of Texas ,gyp The above Grant and Privilege is hereby accepted this the ~~,n day of , 2008, by Shutters Management, Ltd., agrees to keep and perform the conditions imposed by the Agreement and that it is bound by all of the terms of the Agreement. Shutters Management, Ltd. By its General Partner Shutters Venture, LLC By: _ Shutters Venture, LLC THE STATE OF TEXAS § COUNTY OF NUECES § This instrumen was acknowledged befo r,~ e n ~ u ne, ~ o , 2008, by 111ar1~ }~ ~.rl t , as a-~~of Shutters Venture, LLC, a Texas domestic limited liability company, the General Partner of Shutters Management, Ltd., a Texas domestic limited partnership, on behalf of the partnership and company. 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Gignac & Associates N ~ ATLANTIC LOFTS ~ OOFiPUB Gfi87U TEXAS 9a .~. aae~taaerelae~n Mner-srr rk~nra-im sieufsere4j i~r~~~e~4 sia~i~ira M H N o 2~ ~ G37.60 • ~ ~, M ~ Exists ~~ • 12„ Manhole SS •~ ~ ~ 12„ ~; ? -,` G38.3 MH No 1 N o ~ MANHOLE RECONSTRUCTION PROCEDURE -~ ~ ~ 1. REMOVE BOTH BRICK MANHOLES ~ Q au~~ dSX ~ 2. INSTALL NEW 8' DIA FIBERGLASS SHELL WITHOUT DOMED TOP ON CONC BOTTOM SLAB TO ENCOMPASS ~ ols THREE (3) 12" INFLUENT LINES O <<g ~ AND ONE (1) 10" EFFLUENT LINE o0 AND NEW 6" LINE FROM NEW BUILDING. ~ MANHOLE SHELL TO BE BACKFILLED WITH x PLOWABLE BACKFILL PER CITY STANDARDS N 3. INSTALL 10' x 10' (OR 10' DIA.) ~~~`~ul ~ PRECAST CONCRETE TOP WITH HOLE ~~~~F-,OF TF~~~ r~ FOR 36" MANHOLE COVER IN CENTER. " ~* : ~'~ ~ THICK WITH TWO TOP TO BE 12 " . .. •• ••••••••••••••~~~•• • • J R THOMPSON CENTERS) LAYERS OF #4 BARS AT 9 57901••••• •~~~ ~'O'•. 0 • ~ I ~° SHALL BE FINISHED ELEVATION OF TOP •,p . 4 ,r j, o .F ~ ~`' • ~~STE~. ~... ALL I H D G ' O W ~iis~tt~~`~fi ON COVER A ND MANHO E R NG 3' DI A TOP OF SLAB. PLACE 6" OF ASPHALT OVER THE SEAL APPEARING TOP OF SLAB TO BRING ROADWAY TO ON THIS DOCUMENT FINISHED GRADE. wAS AurHORIZE~ eY J. R. THOMPSON P.E. TEX REG# 57901 ON 4. APPROXIMATE FINISHED ELEVATIONS ARE: APRIL 18, Zoos RIM = 38.50 MANHOLE RECONSTRUCTION I NV = 31.0 f Sheet C2.1 Revision N „ 6 FL= 33.00 ~ ATLANTIC LOFT . a~ ,„ t ~ SCALE 1"=10' ~, m 008' ~,~~,~,f~- 3.~ 3 EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required in this Exhibit has been obtained and the insurance has been approved by the City. Permittee may not allow any subcontractor to commence work until alf similar insurance required of the subcontractor has been obtained. B. Permittee shall 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 1. 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on a!I certificates Per occurrence aggregate 2. COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: a. Commercial Form b. Premises -Operations c. Underground Hazard d. Products/ Completed Operations Hazard e. Contractual Liability f. Broad Form Property Damage g. Independent Contractors 3. AUTOMOBILE LIABILITY-OWNED, $1,000,000 COMBINED SINGLE LIMIT NON-OWNED OR RENTED 4. WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS EMPLOYERS' LIABILITY WORKERS' COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT $500, 000 B-1 SHUTTERS STREET RIGHT OF WAY MAINTENANCE AGREEMENT - rjr 04172008 C. In the event of accidents of any kind, Permittee shall furnish the Risk Manager with copies of all reports of the accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Permittee shall obtain workers' compensation coverage through a licensed insurance company under 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: 1. 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. 2. 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. 3. The name of the project must be listed under "Description of Operations". 4. 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.2.{a)-(g), an authorized representative of the insurance company must include a letter specifically stating whether items 1. B.2. (a)-(g) are included or excluded. B-2 SHUTTERS STREET RIGHT OF WAY MAINTENANCE AGREEMENT - rjr 04172008 STATE OF TEXAS CQUNTY ~' NUECE5 I hereby certify that this instru~ent was FILED in file nurber sequence on the date and at the tine sta®ped herein by ®e, and was duly RECORDED in the Official Public Records of Nueces Guunty, Texas • ® '4 ~8~ ~~ ~'s~F,.lip ~,hriSt9 ®e-¢`gf~~r~erlt $@rYiG~~/ Sp~ci~l Ser~iees 2406 Leopard, quite 400 ~oPpu§ Christi, T~( 7$4Q$ + 0 r DIANA T BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL RROPERTY because of Race, Colon Religgion, Sex, Handicap, Fa®ilial Status, or Nat Tonal Origin is invalid and unenforceable under FEDERAL LAW, 3112/89. Doc# ~~(b8(b33 i 62 # Pa es 12 0712~/2~8 3: @8P~{ Official Records of NUEGES COUNTY DIt~I T. BARt~RA COUNTY CLERK Fees i59.~0 ~\