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Home My WebLink AboutC2015-045 - 2/17/2015 - Approved • Texas Department Depame of Transportation EMO March 5, 2015 11 To: Lonnie Gregorck, P.E. District Engineer of Corpus Christi f From: C. Michael Lee, P.E. (-0'/- f — O('I- j nti I yy) tie -. Director of Maintenance Divisio Thru: Carolyn Dill, P.E. _u_p r. E I ? Oec rc Deputy Director of Maintenan Division ' Subject: Termination of a Multiple Use Agreement City of Corpus Christi - Nueces County Public Parking Facility - SH 9 Attached are three the fully executed termination agreements for the above noted public parking facility. Should you have any questions, please feel free to call me or Daviette Gilbert at 512.416-3185. Attachments Cc: Tomas Trevino, P.E. Corpus Christi District Maintenance Engineer Corpus Christi MAR 0 9 2015 District OUR GOALS 2015-045 LESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY 2/17/15 An Equal Opportunity Employer Res. 030418 INDEXED ■ TXDOT TO: Ruth Brown SUBJECT: Termnate.Two Multiple Use Agreements Heliport Parking Facility and Public Parking Facility DATE: January 17, 2015 Please process these" [wo Termination of the Multiple Use Agreements". Future Agenda Item January 27, 2015 Action Agenda Item February 10, 2015 Resolution authorizing the City Manager or designee to execute two agreements to terminate two previously executed Multiple Use Agreements between the State of Texas and the City of Corpus Christi for the Heliport Parking Facility and the Public Parking Facility located on State Highway 9/BS 44-D. (Legistar No. 14-001444) Thank you, Velma Pena,Contracts and Funds Administrator City of Corpus Christi - Dept. of Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3553 Office (361) 826-3501 Fax velmap@cctexas.com -1-C1 Oy -}- PUO" i1-1 n, Routing Slip 1 . 9 \ L 611V o��l tit rh Date Sent Date Returned 1 Operating Department 2 Janet Kellogg Legal Department 3 Budget 4 Jerry J. Shoemaker, P.E. Acting Director of Capital Programs 5 6 Holly Tyree City Agenda Coordinator t l (i • 1 r- 7 City Secretary's Office Please Return Contract to: Ruth Brown Ext. 3506 a do U fi . . cile• i,. c'; 1.1 94 11'010 FS 89 l6 ual 4 ££L A lel a 1 10566• f L'0�•1:, Nl 4 Q �tila6eu,1 y y �- ,pr t' ' q v L rt ir' '11'f I* I ! v ,1 -tie `,` + +�` t • ft44 k 1, 1I ,,, 1 r 11'717. ;r 411 - I ! �` • � - fir+ r .l . 1 ,1 X y. I. li"' I r r< �t r4 ,= •�IL _ '�c*;4` :.�w ,IL- '04.1.,Y . -:. 4P �K1S1!Ii;-1i6t, of ,4404 ., °9:CA. 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"� t4;. �A� `G"WAY3 -� 4 PUBLIC - °_ PARKING . w r it r )i4.0M VII.xu ..-- t .i ' '0 r L we An T� y 40( / ' - \t‘agriset: '7* !--'''' 'r-i!;;;_.- ".-- lit' ., -* FF / Aft". �, '111 '':'' 0 i •� ` = LOCATION MP -' T, -b_� lc'' s "imam j '` r NOT TO SCALE ' �- I et, r r°;� w *�►,y�®� �^ ' ,5 S i- HELIPORT PARKING FACILITY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS AND PUBLIC PARKING FACILITY DEPARMENT OF CAPITAL PROGRAMS = = PAGE 1OF1 • Resolution authorizing the City Manager or designee to execute two agreements to terminate two previously executed Multiple Use Agreements between the State of Texas and the City of Corpus Christi for the Heliport Parking Facility and the Public Parking Facility located on State Highway 9/BS 44-D. WHEREAS, the Texas Department of Transportation (TxDOT), during its annual inspection of Multiple Use Agreements (MUAs), ascertained that State Highway (SH) 9/BS 44-D has been turned over to the City of Corpus Christi and is no longer in State right of way(ROW); WHEREAS,TxDOT has provided a quitclaim deed executed on July 24, 1996 stating that the portion of ROW in question has been turned over to the City of Corpus Christi; WHEREAS, there are two MUAs for SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility; WHEREAS, the Corpus Christi District of TxDOT therefore requests that the City initiate termination procedures to terminate these MUAs, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The City Manager, or designee, is authorized to execute two Termination of the Multiple Use Agreements(MUM)between the State of Texas and the City of Corpus Christi for use of property located on State Highway 9/BS 44-D, one to terminate the MUA for the Heliport Parking Facility and one to terminate the MUA for the Public Parking Facility. ATTEST TH C OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor It1ENGINEERING DATAEXCHANGE?VELMAPITXDO'ITERMINA-ION MULT USE AGREEMENTSIHELIPORT PURL C PARKING FACILITY`RESOLUTION HELIPOR' PUBLIC PARKING FACIUTV.DOCX 030418 INDEXED Corpus Christi, Texas IF1 of t'fiyl. , 2-015 The above resolution was passed y the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas ,LUel ,J' Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn K(ENGINEERING DATAEXCHANGE`,VELMAP`,TXDOTTERMINAT''ON MUT USE AGREEMENTSIHELIPORT PUBLIC PARKING FACILITYiRESOL UTION HELIPORT PUBLIC PARKING FACILITY.DOCX 030418 MUA Termination Page 1 of 2 TERMINATION OF THE MULTIPLE USE AGREEMENT BETWEEN THE STATE AND THE City of Corpus Christi_ FOR THE Public Parking Facility. STATE OF TEXAS § COUNTY OF TRAVIS § This Agreement terminates the previously executed Multiple Use Agreement for construction, maintenance, and operation of Public Parking Facility on the Texas Department of Transportation right-of-way, in Nueces County, originally dated the 18th day of December , 1957 , by and between the Texas Department of Transportation, hereinafter referred to as "State" and the City of Corpus Christi_, hereinafter referred to as City . WITNESSEETH WHEREAS, City has requested the State to discontinue their responsibilities for the continued maintenance and operation, of Public Parking Facility , located within State right- of-way on SH 9/ BS 44-D , Control 0074 Section 06 in City of Corpus Christi and being more particularly described in the exhibits attached hereto and made a part hereof; and WHEREAS, the governing body of the City has indicated by Resolution/Ordinance No. 03041/ , on the 1 day of FQ b f' ry , 20 (.-to dissolve their partnership with the State evidenced by the execution of the this Agreement with the State; and WHEREAS, the City will undertake to restore the area to a condition acceptable to the State prior to the execution of this agreement. MUA Termination Page 2 of 2 A. Exhibit A-Quitclaim; B. Copy of Original Multiple Use Agreement C. Copy of Resolution/Ordinance IN WITNESS�^ WHEREOF, the parties have hereunto affixed their signatures on the day of r e b w#'( ( es [ , 20 land the State on the day of notrcti , 20 IS. STATE OF TEXAS Certified as being executed for the purpose of activating and/or carrying out the orders, established policies, or work programs heretofore approved by the Texas Transportation Commission. By: qe-r/ ' By: Sign ure Director oMa�ancD� ivision C. Michael Lee, P.E. Printed Name U 5TAt7 0 27 let, Title APPROVAL RECOMMENDED: cer Contact Name By: 1:7•- District Engineer tot -(e. G9 ch.af e. n.e_3., Contact Telephone Number Printed Name /27/ic ff Date Ap ved as to form: //�/9^-1 [.�— LS. 5:)+I UthU(iL' Assistant CityAttorney sY MUNCH r For City Attorney ATTEST: HIJERTA E RTA P. C C SECRET t v Exhibit A • . * Memorandum Texas Department of Transportation To: Right of Way Section Date: July 30, 1996 Corpus Christi District From: Legal Section 4.,4 ' Right of Way Division Originating Subject: Transmittal of State's Deed Office: JJH/ROW Nueces County CSJ 0074-06-027 Tract 1 Business State Highway 44-D: Between Mesquite Street and Shoreline Boulevard Attached is a deed executed by the Governor on July 24, 1996 quitclaiming the State's interest in certain land described therein to the City of Corpus Christi,Texas. Please deliver the State's deed to the indicated grantee. In accordance with Section 421.09 of the Right of Way Manual,the deed should be delivered to the grantee by certified mail or by other means with a receipt for delivery signed by the grantee. When the deed has been recorded,please furnish us the recording data of the quitclaim so that we may complete our file. Please note that our quitclaim deeds will no longer contain a notary acknowledgment. We have attached a copy of V.T.C.A., Texas Property Code, Section 12.006, should the grantee have any problem with recordation of the instrument due to the omission of the acknowledgment. If we may be of any further assistance,please let us know. JJH:cj Attachment ;MA _ r?OUTI+ M 07306 u \mmo'nueces.wpd 1,131-)MF 'WRE • , F _ , .,,-, J'OS figs Sh- Jws . -1 oiSTRIC' imam NMI DOC# i"J96030348 QUITCLAIM STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, in the City of Corpus Christi, NUECES COUNTY. Texas, on BUSINESS STATE HIGHWAY 44-D, the City and County acquired in the name of the State of Texas certain land for highway purposes, said land being conveyed to the State by instruments recorded in Volume 730, Pages 158 and 260; Volume 731, Page 310; Volume 734, Pages 169, 177, 179, 211, 217 and 219; Volume 35, Pages 451 and 453; Volume 740, Page 582; Volume 747, Page 334; Volume 759,Page 342; Volume 761, Page 435; Volume 768, Pages 310 and 312; Volume 769, Pages 570 and 573; and Volume 793,Page 517,of the Deed Records of Nueces County,Texas. and certain other land was claimed and used by the State, there being no record of title thereto in the name of the State; and WHEREAS, said land is no longer needed by the Texas Department of Transportation as a part of the system. said surplus land being more particularly described in Exhibit A. attached hereto and made a part hereof; and WHEREAS, the City of Corpus Christi, Texas. has, by resolution, and Nueces County, Texas, has, by order, requested that the State quitclaim said surplus land to the City of Corpus Christi, Texas; and WHEREAS,V.T.C.A.,Transportation Code, Chapter 202, Subchapter B, authorizes the State's quitclaim to the City of the State's rights, title and interest in the surplus land; and WHEREAS, it is the opinion of the Texas Transportation Commission that it is proper and correct that the State quitclaim its rights,title and interest in said surplus land to the City of Corpus Christi,Texas in consideration of relieving the State of the responsibility and cost of maintenance of the surplus land and in consideration of the land being originally acquired in the State's name at no cost to the State; and WHEREAS, the Texas Transportation Commission at its meeting on June 18, 1996. as shown by the official minutes of the Texas Transportation Commission, passed Minute No. 106880 recommending, subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument conveying to CITY OF CORPUS CHRISTI, TEXAS all of the State's rights, title and interest in the aforementioned surplus land in consideration of the foregoing premises as authorized by V.T.C.A., Transportation Code, Chapter 202, Subchapter B; NOW,THEREFORE, I, GEORGE W. BUSH,GOVERNOR OF THE STATE OF TEXAS, by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the foregoing premises,and other good and valuable consideration,the receipt of which y6ig910177%<?, tx �� GRANTEE: City of Corpus Christi .8 1201 Leopard Street Corpus Christi,Texas 78469-9277 9tszVZ is hereby acknowledged, have RELEASED. REMISED and QUITCLAIMED and do by these presents RELEASE, REMISE and QUITCLAIM unto CITY OF CORPUS CHRISTI, TEXAS all of the State's rights, title and interest in and to those certain tracts or parcels of land situated in Nueces County,Texas, which is more particularly described in Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the above described premises. together with all and singular the rights and appurtenances thereto in any wise belonging unto said City of Corpus Christi, Texas, its successors and assigns forever. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the 11-/Y-4'-' day of u t 996. G ORGE W. BUSH O ERNOR OF TEXAS Attest: Antonio.O. Garza, Jr. Se of State Recommended f• A•p • • C 961410 '- 'rte • • ; ' `o ' .1 ,1.;••Y ..`%.* "m. G. Burnett, P.E. ��.` Executive Director JJ n 1. ��. w - Approved: Y° • Dan Morales = Attorney General By: Off" 44& istant Aittomey General 2 • • . EXHIBIT A BEING A PORTION OF THAT LAND SITUATED AND LYING IN CITY STREET RIGHT- OF-WAY WHICH WAS INCORPORATED INTO THE STATE OF TEXAS HIGHWAY SYSTEM, SAID CITY STREET RIGHT-OF-WAYS CONSISTING OF ALL THOSE PORTIONS OF, AUBREY STREET, WATER STREET AND CHAPARRAL STREET, SITUATED AND LYING WITHIN AN AREA BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF BELDEN STREET,ON THE EAST BY THE WEST RIGHT-OF- WAY IGHT-OFWAY LINE OF SHORELINE BOULEVARD,ON THE SOUTH BY THE CURRENT SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.37(AUBREY STREET)AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF MESQUITE STREET AS SHOWN ON MAP OF BEACH PORTION,OF THE CITY OF CORPUS CHRISTI,WHICH IS RECORDED IN VOLUME A,PAGES 2&3,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS AND ON MAP OF WATER BEACH ADDITION,WHICH IS RECORDED IN VOLUME 9, PAGES 38 THRU 40,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS,AND BEING ALL OF THOSE CERTAIN TRACTS OF LAND,OUT OF SAID BEACH PORTION AND WATER BEACH ADDITION, ACQUIRED BY THE STATE OF TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF INTERSTATE HIGHWAY NO.37,SITUATED AND LYING BETWEEN SAID MESQUITE STREET AND SHORELINE DRIVE, SAID TRACTS OF LAND BEING MORE PARTICULARLY DESCRIBED IN INSTRUMENTS RECORDED IN THE DEED RECORDS OF NUECES COUNTY, TEXAS AT THE FOLLOWING VOLUMES AND PAGES: DESCRIPTION VOL PAGE WATER BEACH ADDITION,BLOCK 11 ALL OF LOTS 1 THRU 12 793 517 • BEACH PORTION,BLOCK 27 1/2 OF LOT 5 730 260 ALL OF LOT 6 759 342 WEST 1/2 OF LOT 7 768 310 EAST 1/2 OF LOT 7&ALL OF LOT 8 768 312 1/2 OF LOT 9 731 310 BEACH PORTION,BLOCK 31 ALL OF LOT 1&SOUTH 1/3 OF LOT 2 740 582 NORTH 2/3 OF LOT 2 734 177 ALL OF LOTS 3,4,9& 10 734 179 ALL OF LOTS 5&8 730 158 ALL OF LOT 6 734 211 ALL OF LOT 7 735 451 ALL OF LOTS 11 &12 747 334 BEACH PORTION,BLOCK 32 ALL OF LOTS 1&2 735 453 ALL OF LOT 3 769 573 ALL OF LOT 4 769 570 ALL OF LOTS 5,6,7&8 734 217 ALL OF LOTS 9& 10 734 219 ALL OF LOT 11 734 169 ALL OF LOT 12 761 435 • • cru+. �yap,f ffEDERA� v:118t own,- lowtiting rattitolt a OA goon cA 0*oa tt it a,umgea� Two ebl X641;06 ot Pub eQ aany ms tree co° Doc# 1996030348 # Pages: 4 Date : 08-06-1996 Time : 03:35:56 P.M. Filed & Recorded in Official Records of NUECES County, TX. ERNEST M. BRIONES COUNTY CLERK Rec. $ 15.00 9/6. City of Corpus Christi 1201 Leopard Street P. O. Box 9277 Department of Engineering Services PROPERTY& LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 • • . p . - LEGEND: AV , Z 1 PROPERTY TO GSA TXDOT PROPERTY TO BE us 1g1 QUITCLAIMED TO CITY %ft TXDOT EASEMENT TO BE RELEASED TO CITY � - PROPOSED SITE FOR I- - I NEW FED. COURTHOUSE OLD r�1� OLD BR44 WEST BD. LN. NUECES COUNTY MeS aJo' PROPOSED WEST BD. LN. COURTHOUSE Vit.:::`:; EXIST. BR44 EAST BD. LN. 'K\, ..) 1 (TO REMAIN) E gt. PROPOSED ‘ 'r a T r LANDSCAPED \tet. '''.i,jo'\,„, PARK AREA 11111iiiiiiiiiii t O G HAPARRAL STc ix\\ 73 } x �, \NAI,SR gT. 7. z sT. t31:7,44) - rC wATea h , ;� Vii❖ pRELINEO S'�1 sH S CNRI GORPv�AY CITY OF CORPUS CHRISTI GATEWAY PROJECT copyright 1994-1996 Ctty of Corpus Christi Rev 5/9/96 SCALE: 1"=200' Exhibit B Multiple Use Agreement Freeway Facility, Public Parking and Landscaping SH 9 (SS 407) AKA Leopard St Executed: 1958 Jan 08 (Mislabeled as 1957 Dec 18) County: Nueces Air Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN,TEXAS 78701-2483 I (512)463-8588 I WWW.TXDOT.GOV September 25, 2014 John N. Maggiore Capital Programs - Project Manager City of Corpus Christi 1201 Leopard St. Corpus Christi,TX. 78401 RE: Multiple Use Agreement Termination Request SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility City of Corpus Christi, Texas Dear Mr. Maggiore, During our annual inspection of the Multiple Use Agreements (MUAs), it was ascertained that SH 9/BS 44-D has been turned over to the City of Corpus Christi and is no longer State ROW. There are two MUAs for SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility. These agreements were executed in 1957 and 1958, respectively. The Corpus Christi District of TxDOT, therefore, respectfully request that termination procedures be initiated in order to terminate these two MUAs. Copies of these MUAs can be made available if required for termination procedures. Included with this request letter is the quitclaim executed on 24 July, 1996 stating the portion of ROW in question has been turned over to the City of Corpus Christi. If you have any questions regarding this matter, feel free to contact me at (361) 808-2384 or at the following address: Texas Department of Transportation Corpus Christi Area Office 1701 S. Padre Island Drive, Bldg. 3 Corpus Christi, TX 78416 Sincerely, 10-14,44h‘ Janan Sahtout Lee, P.E. Assistant Area Engineer Corpus Christi Attachment - Quitclaim executed 24 July, 1996 OUR GOALS MAINTAIN A SAFE SYSTEM ■ ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer LI '''''',''71..r. 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C'1•:/t7 Pall Ik , ,,, . . - .... • ,- '. i i ' *. • '' . - 1 IP = ' • a i „.., M. ' 16, Ilippr — •, -, ,- . I ; .•_, . fr., . ...1_, . 33124 . ....., . A. .0 `• .-..... a i AT,: :.- Er"'":"' - '""'—',• 7,71., "::,;_, - ''' i <1,4 . .ii /'''.‘..,1 iv - .. ,l' , , ,_ i , , ,.... -•' , ,-... "...3 t. '''-X. '''''-1.-•,- *--IZL.., 1. .• 101 ' 4 '' • c'. ii& k - 'f ',=1.11 ; 1"‘' ,,y - -'.,Z.' ' , , , /4, • I ‘ ' i ..... ---..., . ... — ..., ".."--••••••,,,....: . .1,...140 .. 11P... - f.• 4"'''''-'----.. gli- . ..-- . ' . "*"' ......,.. --"` --• -.x- .Jr. .„,;10 .4.1 101 OF v ri .1.- 1 Plea/ ...• ----......__ •-.... -•.......i...73 '‘. 4k.Orri 'P f -,-...., „.., ‘ , ,. _ , ..„),„ _. 7,..7 41, (4„, ' .."'"`-..... I, •••••L'"----.,1"0 "kb `c- C * •44,1 .- V e ,r,.•-".' • ,% - '.........1 . l• • 4.,,, ''' ,•• iS... foie'v. - — ---- __ .0, . ...--., .0... ' . •-•`• c Thf. s• ......1 • o , • " r-,1 ---.0, • __, i I • • , INI 1 1 •••,/ 1 ..,, i rlli r < Q17). > Z . I j ' -'76,..eN: 1 171 9_4 •," • lifirr , 1,. , - \ +1 , i ist , 0 C 1 1 - LA e MG GJ- Fi -1 cit • ' ' lielS 6 1.1 Al I 0 EH . ... 1, 0 L GG6 L .__, ak . 0.; ..... ....______ , -Li . • ,,, . ..-- . t-'I.-r W. .., 41.1.•••es — •. • . • C: SUPPLI!IEJTAL AGRE511324 T For Parking Facility within Freeway Right of Way STATE OF TEXAS COUNTY OF NUECES f This supplemental agreanent made this I day of .1.361440,74/5d2," ,195,x, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Corpus Christi, Nueces County, Texas, acting by and through it's duly authorized officers under an ordinance passed the 1 day of , 195.7, hereinafter called the "City", party of the second part. WITNESSETH Whereas, the City and the State under date of October 19, 1955, executed an agree- ment establishing joint responsibilities and authorities for the construction, main- tenance, existence and/or use of a proposed Freeway facility from Shoreline Boulevard to the vicinity of Waco Street over a new location for State Highway 9; and Whereas, the City desires to make temporary use of certain portions of the right of way provided for this project, (such portions of right of way not being needed for Freeway construction at this time) and is willing to construct at its own expense the mutually agreed facilities for public vehicular parking accommodations; and Whereas, the City considers the development of these parking areas essential to relieve congested parking conditions near the County Court House and in the downtown business district, and it is the State's desire to be of assistance in providing these needed public parking accommodations; Now, Therefore, for the purpose of permitting the development of temporary vehicular parking facilities on portions of the Freeway right of way not immediately required for Freeway construction, such parking areas and facilities to be hereinafter referred to as "Parking Facility", the parties hereto agree as follows: 1. The City and the State shall concur in the design of the parking facility, including access control, type and extent of paving, curbing and fencing and such concurrence shall be confirmed by joint approval of layout and plan sheets attached hereto and marked Exhibit "A" and made a part of this agreement. It is mutually understood by the parties hereto that the development and use of these areas for vehicular parking shall be in such manner calculated to best protect the public's interest and will not damage the highway project facilities, impair safety, impede -1- EX 113 r 7" maintenance or in any way restrict the operation of the highway project facility. It is also mutually understood that the development and use of these areas, within the highway right of way, for public vehicular parking is limited to the interim of time between this and the next succeeding stage of freeway construction over and along such right of way areas and, to such extent, is properly classified as a temporary use. At such time as further freeway construction is inaugurated, all involved parking areas shall be discontinued for such use. 2. Construction work which is made necessary by reason of the parking facility will be the City's financial responsibility and will be performed by the City's own forces or construction agency. The State, in conjunction with it's construction work, will fill in, shape and compact the areas comprising the contemplated parking facility as indicated by contour lines on Exhibit "A". All street curbs and paving, street drainage facilities, sidewalks within street limits and areas shown to be sodded will likewise be the responsibility of the State. All other construction work pertaining to the parking facility, including paving, concrete curbs and chain link barrier fences shall be as indicated on Exhibit "A" and shall be the entire responsibility of the City. The City will also be responsible for maintenance, operation and policing of the parking facility, including necessary delineations for orderly parking and possible installa- tion of parking meters. To facilitate construction of the Freeway Project, it will, be necessary for the City to defer inauguration of it's work in developing the parking facility until such time as construction on the Freeway project has been completed. There is, however, one excep- tion. The lot immediately East of the Court House, designated as Lot 2 on Exhibit "A" may be developed at an earlier date if the City so desires. The City agrees to con- struct the parking facilities on all other lots, has herein provided, immediately after completion of the Freeway project. 3. Parking regulations shall be enforced by the City limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 12 ton trucks, such vehicles to conform in size and use tQ governing State statutues. Regulations shall be enforced by the City prohibiting the parking of vehicles carrying highly inflammable or explosive loads, and prohibiting use of the parking facility in any manner for pedd- ling, advertising, or any other purpose not in keeping with the objective of a public parking facility. 4. Should it be found at any future time that traffic conditions have so changed that the existence or use of the parking facility is impeding maintenance, restricting operation, or is damaging the highway project facilities, or is not in the public inter- est, it is hereby agreed that either (1) corrective action acceptable to both shall be taken to eliminate the objectionable features of thepartiesr upon written 30-daynotice byeither parking facility, or (2)e party this supplemental agreement shall terminate and the use of the area for a parking facility shall be discontinued. 5. It is understood that this supplemental agreement pertains only to the parking facility, including points of ingress and egress, and in no other way modifies or super- sedes the terms and provisions of the agreement as executed by the City and the State for the highway project facility, dated October 19, 1955. This supplemental agreement shall be attached to the highway project agreement and made a part thereof in all re- spects. 6. The City agrees to indemnify the State against any and all damages and claims for • -2- • damages arising out of, incident to or in anyway connected with the installation, the construction, the existence, the use and/or maintenance of the parking facility, and the City does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising . out of or in any manner connected with the maintenance or use of the parking facility, and the City will save the State harmless from any damages arising from said maintenance and/or use of said'parking facility. It is understood between the parties that should the current negotiations between the Texas City Attorneys' Association and the State Highway Department produce a different indennification provision which is acceptable to both parties, said provision shall be attached to and become a part of this agreement in lieu of the above two paragraphs. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the 18 day of La4. , l95.7.„ and the Highway Department on the Pithday of �;„ _. �, , 1951. 1lV/37 6. , ., ATTEST: 611 CITY OF RPUS CHRISTI T BY �� 0�,(.�it c. City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- %.. .4> i()1\A" grams heretofore approved and authorized by the State Hi way Commission: BY /�= 1 -/\\ :741 Adminis tive Engineer APPROVAL RECOMMENDED: 4DED: 7 .7 P • , 94 • District Angzneer Nct r 5.BaiAJcr - ', 'erbn9;4eeh oc j/wvy Deeir, Engineer, Land Service Roads —3— `PAvi is• �}Ci4ye.ypense. ( ). Co r;^ _ \ Cc`A/g L,\< couPu5 —7.7'kxA5 ARE n '. :.;,1'd . -4 I SUPPIEMZ.NT PROD EGT U 657 (1.5) F.XHIBIT 'A PLAN FOQ VtHIGULAR PARKING TAG11�IT1E5 PROPOStD BY CIT` OF COpUS GHRtSTI TO Acco PANY SuPP�.�1� tNTAL AG 1 EST P N SCALt ; 1 "= 40' S NEST t of 3 ..5‘-kEres FED. RD. DIV. N0. 6 STATE STATE DIST. N0. 1C� TEXAS FEDERAL PROJECT N0. COUNTY NLEc E5 CONT. SECT. 1 JOB SHEET N0. HIGHWAY NO. 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