HomeMy WebLinkAboutC2015-269 - 3/19/2015 - NA D c 2015010482
USE 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, Ron L. Olson, in accordance with Article IX, Section 1, Corpus
Christi City Charter, and Unified Development Code Subsection 6.13.1 , in consideration of
Nine Hundred and Eighty Five Dollars ($985.00) by Mr. Jose Domingo Sevilla ("Permittee")
Taqueria Garibaldi Restaurant of 200 North Staples Street, Corpus Christi, Nueces County,
Texas, 78401 , 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 four support columns (two on either side of the front door
entrance to the building) helping support an overhead canopy extension that is supported from
the building, extending 3-feet long x 2-feet wide x 10-feet high (approximately 12-square feet
total) into the existing 10-foot wide sidewalk, along with exterior wall siding on both the Blucher
Street and North Staples Street public rights-of-way(approximately 268-square feet), here and
after known as "Use Privilege Improvements". The support columns will have approximately 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. The canopy extension and siding
improvements are to be located in the front wall, and the left side wall of the Taqueria
Garibaldi Restaurant building, which is located at 200 North Staples Street, within the City of
Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated 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 fora term of
one year, unless either the City or Permittee gives written notice of termination to the other
party at least sixty days prior to termination.
C. PERMITTEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS
THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS,
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Use Privilege Agreement
Taqueria Garibaldi Restaurant
2015-269
3/19/15
.lose Domingo Sevilla
INDEXED
("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. 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 Asst. City Manager of Development
Services, or designee ("Director of Development Services").
E. Permittee shall require its contractor and each subcontractor to provide a Certificate of
Insurance reflecting insurance in coverage amounts as set forth in Exhibit B and require 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.
F. 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
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Use Privilege Agreement
Taqueria Garibaldi Restaurant
Privilege Improvements to their original condition or remove the Use Privilege Improvements at
which time this Agreement terminates immediately.
G. 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.
H. 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.
I. Permittee must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
J. Permittee must not assign this Agreement without City's prior written consent.
K. Permittee must submit a set of construction drawings to the City's Major Project
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.
L. Permittee, at least 48 hours prior to beginning any approved construction, Permittee
shall contact 1-800-DIG-TESS and the Lone Star Notification Center(1-800-669-8344), and
any other required agency or authority. Additionally, at least 48 hours prior to beginning any
approved construction, Permittee shall give notice and verify depth and location of
communication lines or communication fiber optic cables, whichever is applicable, to the
following:
• City Utility Departments, including Water, Storm Water, Wastewater and Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or location
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Use Privilege Agreement
Taqueria Garibaldi Restaurant
M. Permittee must properly tamp backfill around existing utilities in accordance with the
City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards.
N. If damage occurs to any gas, storm, water or wastewater line, as determined by the
City's representative, a City 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 Manager's 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 $310.35 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the Use Privilege Improvements pursuant
hereto. 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 Saturday, Sunday or Holidays, must be
calculated at a daily rate of$58.18 an hour. Owner must pay these funds to the City of Corpus
Christi, Water Department. These amounts will be adjusted annually on October 1 to reflect
any pay increase.
P. Permittee must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
Q. 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.
R. Permittee must not store or leave any equipment or material in City right-of-way
overnight. 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.
S. 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.
T. Public right-of-way shall be maintained clear of any and all obstructions, including posts,
support columns, and private light pole fixtures, etc.
U. All signatories signing this Agreement warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signatures.
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Use Privilege Agreement
Taqueria Garibaldi Restaurant
V. Unless otherwise stated in this Agreement, any notice required or permitted to be given
under this Agreement must be in writing and sent by certified mail, return receipt requested to
the following addresses:
If to Permittee: Mr. Jose Domingo Sevilla ("Owner")
Taqueria Garibaldi Restaurant
200 North Staples Street
Corpus Christi, TX 78401
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of this paragraph,
specify a different address or addressee for notice purposes within 10 days of any address
change.
W. This Agreement shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created pursuant to this Agreement are performable
in Nueces County, Texas. Venue for all actions arising from, out of, or related to this
Agreement must be brought in Nueces County, Texas.
X. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests"form attached
to this Agreement as Exhibit"C". Completed versions of Exhibit "C" by the Permittee form a
part of this Agreement and are incorporated by reference into this Agreement as if set out here
in their entireties.
Y. This instrument, including exhibits, constitutes the entire agreement between the City
and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or
representations shall be binding upon any parties. This Agreement may only be amended by
written instrument signed by authorized representatives of the City and Permittee and
approved as required by City law.
Z. Any payments due by the Permittee pursuant to this Agreement will be made from
current revenue available to the Permittee.
NOTE: All references herein to Permittee include Permittee's contractor(s), agent(s), and
employee(s) if applicable.
Page 5 of 7
Use Privilege Agreement
Taqueria Garibaldi Restaurant
IN TESTIMONY WHE C ,,the City of Cor ius Christi has caused these presents to be
executed on this the !"i day of G 1-- , 2015.
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Daniel M. Grims o, P.E.
Director, Development Services Department
APPROVED AS TO
LEGAL FORM:
l t day of `'i4 fti) , 2015
By: /fit-OA,0;J
Juli Grant, Senior Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on MAY% 'C\ , 2015, by Daniel M.
Grimsbo, P.E., as Director, Development Services Department, of the City of Corpus Christi, a
Texas Municipal Corporation, on behalf of said corporation.
TANYA ROJAS tary Publi , State of Te .s
4 p4 My Commission Expires
s1�a October 15, 2017
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Use Privilege Agreement
Taqueria Garibaldi Restaurant
The above Grant and Privilege is here by accepted this the 124I}day of Ir,,\Fmr ,N ,2015,
by Jose Domingo Sevilla , Owner of Taqueria Garibaldi Restaurant, said Owner agrees
to keep and perform the conditions imposed by said Grant and Privilege and that it is bound by
all of the terms of same.
Y V
Name: ,S1 1 � '►r, 7 , `//
1
Title: cii0ej7
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on L�'Yi{i-Yc,,k ' ,2015,
by Jose Domingo Sevilla , as Owner , of Taqueria Garibaldi Restaurant,
on behalf of said corporation.
.t." ROMANITA M CANSECO Notary Public, State of Texas
`n ° Notary Public
f *; STATE OF TEXAS Printed Name: (-eollp,<.,it+P, �Y-;_, C-(�rR,"ZE1:T
e. My Comm. Exp.06-O0018
4..vvvwrv.. :. .,►
Expiration Date: Ota` Og - ?all,,
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the day of , 2015.
Page 7 of 7
Use Privilege Agreement
Taqueria Garibaldi Restaurant
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EXHIBIT A-2
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SEVILLA
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EXHIBIT A-3
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 and Director of Development Services, two (2)
copies of Certificates of Insurance with applicable policy endorsements, showing the following
minimum coverage by insurance company(s)acceptable to the City's Risk Manager.The City must be
listed as an additional insured on the General Liability and Liquor Liability policies and a waiver of
subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is required Bodily Injury and Property Damage
on all certificates or by policy endorsement Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence
(including):
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard (if applicable)
4. Products/ Completed Operations Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
LIQUOR LIABILITY $1,000,000 Per Occurrence
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all
reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating
of no less than A- VII.
•
B. Permittee shall be required to submit a copy of replacement certificates of insurance to City at the
address provided below within 10 days of the requested change. Permittee shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
C. Permittee agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers,officials,employees,volunteers,and elected representatives as additional
insured by endorsement, as respects operations and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers' compensation and
professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor
of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
D. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Permitee
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend or revoke Permittee's permit should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this agreement.
E. In addition to any other remedies the City may have upon Permittee's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required,the City shall
have the right to order Permittee to stop sidewalk café operations hereunder, until Permittee
demonstrates compliance with the requirements hereof
F. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may
be held responsible for payments of damages to persons or property resulting from Permittee's
sidewalk café operations under this agreement.
G. It is agreed that Permittee's insurance shall be deemed primary and non-contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
sidewalk café operations, installation of awnings and street furniture under this agreement.
•
H. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2014 Insurance Requirements
Development Services— Sidewalk Café, Awnings and Street Furniture, Permit
Garibaldi's Restaurant
9/2/2014 ds Risk Mgmt.
INSUPPLIER NUMBER
��11 TO BE ASSIGNED BY CITY
- = PURCHASING DIVISION
�..w
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with"NA". See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME: / idOPY/ 1
P. O. BOX: STREET ADDRESS: 77
CITY: C.07/4/5 C1,1:571- STATE: 7-A. ZIP: 7�s��/
FIRM IS: 1. Corporation 2. Partnership3. Sole Owner Pi
rP
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting
3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
IV
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named"firm."
Name Title
Ai(A-
3.
State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Board, Commission or Committee
W 14
4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named"firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit
on any City official or employee that is distinguishable from the effect that the action will have on members of the
public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official,
employee or body that has been requested to act in the matter, unless the interest of the City official or employee in
the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349 (d)]
EXHIBIT C
CERTIFICATION •
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi,Texas as ch ges o ur.
Certifying Person:pre ��, &e� Title: lb fie7 '
( ype rint)
Signature of Certifying Date: ¢ /�
Person: / 0i Cv 3 //
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City Council of the
City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that
interest that is distinguishable from its effect on members of the public in general or a substantial segment
thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,
but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the
form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint
venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"
refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
•
EXHIBIT C
•
ao)•Jop ry40-1- r
AOC, Loparc1 ) m
Doc -?1:1 1 ISO 1 04'82
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03/23/2015 2:50Pt1
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $75.00
Any provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
Notional Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueres County, Texas
KARA SANDS
+M1�i