HomeMy WebLinkAboutC2009-109 - 3/5/2009 - NA03/05/2009 02:31pm PROCECUTER OFF @ 3618862567
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AUTHORIZED USE AND ACCESS AGREEMENT
FOR THE CITY OF CORPUS CHRISTI POLICE DEPARTMENT
TEMPORARX REPORTING STATION
Purpose/[1se: Police Department Temporary Reporting Station -Spring Break 2009
Location: 14617 South Padre Island Drive or 14617 Park Road 22, Corpus Christi, Texas
Date and Time: March 6, 2009 -March 21, 2009 between 11:00 a.m. to 4 a.m., and
March 22, 2009 between 11:00 a.m, to 6:00 p.m.
This Authorized Use and Access Agreement (the "AGREEMENT") is entered into this J~rf of
March, 2009, by and between GARY L. GRAHAM ("GRAHAM', individually, the GARY
GRAHAM REALTY ("REALTY'7, and the CITY OF CORPUS CHRISTI ("CITY"), a'i'exas
home rule municipal corporation, and its CORPUS CHRISTI POLICE DEPARTMENT
("USER'7.
RECITALS:
WHEREAS, the Gary L. Graham ("GRAHAM"), individually, owns title to certain real
property, building, appurtenances, and adjacent parking lot located at 14617 South Padre Island
Drive, also known as 14617 Park Road 22, Corpus Christi, Nueces County, Texas, 7$418
("PREMISES")
WHEREAS, the Gary Graham Realty (the "REALTY") manages the certain real property,
building, appurtenances, and adjacent parking lot located at 14617 South Padre Island Drive or
] 4617 Park Road 22, Corpus Christi, Nucccs County, Texas, 78418 ("PREMISES"); and
WHEREAS, the Corpus Christi Police Department (the "USER"), a department of the City of
Corpus Christi (the "CTTY"), desires to obtain access and use of the PRlrM1S$S for the purposes
of using the building and its adjacent parking lotto serve as the Police Department Temporary
Reporting Station for Spring Break 2009 ("USE'S, from March 6, 2009 to March 21, 2009
between 11:00 am. to 4:00 a.m., and March 22, 2009 between 11:00 a.m. to 6:00 p.m,; and
WHEREAS, the GRAHAM/REALTY authorizes the CITY/USER access and use of the
PREMISES,
NOW THEREFORE, and in consideration of the following promises, covenants, and conditions,
the GRAHAM/REALTY and CITY/USER (the "PARTIES") agree as follows:
1. PERMISSION TO ENTER AND USE THE PREMISES.
The GRAHAM/REALTY do hereby authorize and grant, subject to the terms and provisions
hereto, to CITYJUSER permission to enter, access, and use the PREMISES for the purposes
described above, and for all activities necessary to carry out the stated purposes and to fully
operate and maintain the PREMISES as a Police Department Temporary Reporting Station for
Spring Break 2009. The GRAHAM/REALTY agrees not to charge CITY/USER rent for its USE
of the PREMISES under this AGREEMENT.
2. NO INTERFERE*~r`~'
2009-109
03/05/09
Page 1 of 3
Graham, Gary L.(Graham Realty)
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The GRAHAM/REALTY agrees not to interfere with CITY/USER authorized USE and access
of PREMISES during the term of this AGREEMENT.
3. CITY'S SEEP-INSURANCE.
The CITY isself-insured. Therefore, and in full consideration of the promiscs, covenants, and
conditions herein, CITY shall provide and attach a letter verifying the CITY'S self-insurance
status, signed by the CITY'S Risk Manager. Liability of the CITY, if any, shall be expressly
limited to USER'S USE of the PREMISES from March 6, 2009 to March 21, 2009 between
1 t:00 a.m. to 4;00 a,m. and March 22, 2009 between 11:00 a.m. to 6:00 p.m..
4. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire agreement between the PARTIES relating to the USE
of the PREMISES. Any prior agreements, promiscs, negotiations, or representations not
expressly set forth herein are of no force and effect.
5. SEVERABILITY.
If any term or provisions of this AGREEM$N'f shall, to any extent, be held invalid or
unenforceable, the remainder of this AGREEMENT shall not be affected and shall remain in full
force and effect.
6. TERMINATION.
In accordance with the corms of this AGRE>rMGNT, the GRAHANbREALTY may terminate
this AGREEEMENT and exclude CI7'Y/USER from the PREMISES if CITY/USER fails to
meet any of the terms or conditions set forth herein and the failure is not cared within seven (7)
working days after the day that written notice of the failure from GRAHAM/REALTY is
received by CITY/IJSER.
7. GOVERNING LAW AND VENUE.
This AGREEMENT shall be governed and construed in accordance with flte laws of the State of
Texas, and venue lies exclusively in Nueces County, Texas.
8. CONTACTS 8c NOTICES.
All Notices required under this AGREEMENT must be sent to the attention of the Contact
Person, addressed as follows:
t0 GRAHAM/REALTY: GARY GRAHAM, individually, and
GARY GRAHAM REALTY
ATTN: Gary L. Graham, OwncrBrokcr
14613 South Padre Island Drive
Corpus Christi, Texas 78418
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to CITY/USER: CITY OF CORPUS CHRISTI -POLICE DEPARTMENT
ATTN: Captain William Breedlove
321 john Sartain
corpus Christi, Texas 78401
9. EXECUTED by the PARTC>rS, both of which hereby represent that the signatures to this
AGREEMENT, below, are of those persons with the capacity and authority to legally bind the
PARTIES.
GARY . G ,individually:
sy: ~ S'
Name• G..m Date
Title:
GAR ALTY:
t3y: ., -3I s~o4
Nsmc:O Datc
Title:
CITY F C:O US~~~TI:
fo G
Michael Walsh, Acting Police Chief D
City of Corpus Christi Police Department
APPR~O~ VE~D~~A.S/TO LEGAL FORM: March 5, 2009
T. Tri.,ha
Police Legal Advisor
3/5/09 Pagc 3 of 3
03/05/2009,02:31pm PROCECUTER OFF @ 3618862567
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City of
Corpus
Christi
March 4, 2009
Mr. Clary Crraham
14617 Park Road 22
Corpus Christi, Texas 78418
#156 Page 05/05
Deer Mr. Graham:
xumax aE80unCr~s The City of Corpus Christi is a self ittsured public entity as allowed by the State of
Texas for General Liability, Auto Liability, and Workers' Compensation. Liability
pp ~ 92n limits are established by the Texas Tort Claims Act. The City of Corpus Christi's
C~puRChchd liability under the Act is limited. Under the Act, liability in cases o£ personal
Tazse78469.9277 itljurles or death is limited to a maximum amount o£ $250,000 per person and
FMne 3st-826.3300 5500,000 for eaah single occurrence.
Fna 761.826-3322 ~ Risk Liability Fund is funded by >:he City of Corpus Christi iri accardancc with
NaalrhBenk/irr generally ticcccptcd accounting practices through actuarially oaloulat~d annual
F~uc361-&Wt730 contributions. 'Information regarding Sling a claim with the Ciiy of Corpus Christi
xtak naaimgemnrr can be obtained from the Risk Management office at City Hall, 1201 Leopard
Phone 361.826.3680 Street, Corpus Christi, Texas 78401, or by phone at (361) 82ti-3300.
Fxx 361-826.3691
~avu.~aO'~u~e.
Donaa Yames-Spruce
Risk Manager
DJS/vlt