HomeMy WebLinkAboutORD 1997 3642 University Partners LPORDINANCENUMBER 1997
AN ORDINANCE GRANTING TO 3642 UNIVERSITY PARTNERS, LP THE RIGHT,
PRIVILEGE AND FRANCHISE FOR A PERIOD NOT TO EXCEED TEN YEARS TO
MAINTAIN, OCCUPY AND REPAIR PORTIONS OF AN EXISTING BUILDING
WITRIN PORTIONS OF TWO STREETS IN THE CITY OF WEST UNIVERSITY
PLACE, HARRIS COUNTY, TEXAS PROVIDING TERMS AND CONDITIONS
CONTROLLING THE USE OF SUCH STREETS; PROVIDING FOR A RENTAL
CHARGE; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING
TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Sectienl. The City of West University Pleee, Texas(hecein sometimes called "City,"
which term includes the Ci v's successors and assigns) does hereby pant auto 3642 University
farmers, LP, herein called "Grantee" (which term includes the Grantee's successors, as permitted
under this ordinance), the right, privilege and fianchise to mountain, occupy and repair certain
portions ofthe building located at the northeast comer of University Boulevard and Man Street,
3646 University Boulevard, West University Place, Texas, but only those potions which '. in are
now existing and now owned by Grantee and (u) are now located within the street right of way
scement of University Boulevard or Edloe Sureen (sand persona being referred to herein as the
ubjeet armature"J. The portions of such streets to which mss Ranebiae applies atv illustrated on
Mat certain survey map entitles "0.4448 Acre Situated in Me A . Reynolds Survey, Ahl of
Hams County, Texas," dated November 5, 2004, aM sealed by Dadel King, Registered
Professional Land Surveyor of the State of Texas (NO. 4]64), which map is attached hereto as
Exhibit "A"
Section 2. Grantee shall maintain the subject structure so as net to Iowhere
unreasonably with imffic over the public thomughfaras of the City. Any public road, highway,
sviceq lane, alley or other public place disturbed by Grants in maintaining or repairing the
subject awcturo shall be resorted immediately after the completion of the work in accordance
with the City's ordinances, roles and regulations, as amended from time to time In all cases
where work requires the exercise of skill as or the laying or relaying of pay== or sidewalks,
the Grantee shall employ skilled workers familiar with the execution of work. Whenever
darned necessmy by the City, it shall have the right to desigraue its eirpr q building official or
other person to sanctioned and supervise the fMing of said public roads, highways, sidewalks,
streak or other public ways, the relaying or refilling of the sidewalks and pavements and all
other repairs and replacaoents of the payments, sidewalks and other groutMs so disturbed for
the maintenance or repair, all of which shall be at the expense ofihe Grantee.
Section 3. (a) Grantee shall pay au rental to the City the sum of SI,000.00 per
year, in advance, provided that after the four payment, each subsequent annual payment shall be
ins=soed by a factor oftwo and one halfpemem (2.5%).
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(b) The annual payment for the firer year (2015) shall be due on
October 10, 2015. The second and each subsequent annual payment shall bedue om Ocerber Do
of each subsequent year.
(c) Each payment shall bas made at the principal office of the City,
without demand, on or before its due dale.
Section 4. (a) At all times when the ordinance is is effect, the Grantee shall
mountain in efRct public liability insurance with the following Juncoes and coverages: (i) limits
of liability of at least $1,000,000 per commerce, (m the City added as an additional insured
party, and (ii:) a waiver of subrogation in favor of the Gty. The Crouse shall submit proof of
such insurance with its acceptance of this franchise and normally thereafter, before expiration m
renewal.
(b) hi addition to insmaveq THE GRANTEE SHALL DEFEND,
HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS,
EMPLOYEES AND CONTRACTORS ("PROTECTED PARTIES ") FROM AND
AGAINST ALL CLAIMS AND LIABILITIES FOR INJURY TO OR DEATH OF ANY
PERSON, PROPERTY DAMAGE AND ANY OTHER DAMAGE OR LOSS: (A)
ARISING OUT OF OR CONNECTED WITH THE SUBJECT STRUCTURE OR (B)
WHICH WOULD NOT HAVE OCCURRED BUT FOR THE PRESENCE OF THE
SUBJECT STRUCTURE WITHIN THE RIGHT OF WAY OR EASEMENT AREA.
THIS INDEMNITY APPLIES TO CLAIMS BASED UPON ANY CAUSE OF ACTION
OR THEORY, @RESPECTIVE OF CAUSE OF ORIGIN, WHETHER BREACH OF
CONTRACT, TORT, PERFORMANCE, NON - PERFORMANCE, INTENTIONAL ACT,
STRICT LIABILITY OR NEGLIGENCE (SOLE OR JOINT, ACTIVE OR
OTHERWISE) OF THE PROTECTED PARTIES. GRANTEE INTENDS FOR THIS TO
DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROTECTED PARTIES FROM
THE CONSEQUENCES OF THEIR OWN SOLE ORJOINT NEGLIGENCE.
Section S. (a) The (grantee agrees that if the City, U any time, in is sole
discretion, determines Chet it is necessary to move, remove, change or alter the subject structure,
the City l) may nodfy the Counter as provided in Chapter 19 of the Code of Ordinances, m
which case the Grantee shall tall the actions regmtred by Chapter 19, and (in) shall be privileged
to move, remove, change or alter the subject structure, m cause it to be done. I either cam, the
City shall not be obligated im any mercer to restore the subject sbar4m'e, but, instead, any
restoration shall he made by the Creature m its sole cost and expense.
(b) THE GRANTEE RELEASES THE PROTECTED PARTIES
MOM ANY AND ALL CLAMS AND LIABILITY FOR LOSS OF OR DAMAGE TO
THE SUBJECT STRUCTURE RESULTING FROM: (A) ANY SUCH REMOVAL OR
ALTERATION OR (B) THE PRESENCE OR MALFUNCTIONING OF CITY
FACILITIES (OR ANY OTHER CITY OPERATION) WITHIN THE RIGHT OF WAY
OR EASEMENT. THIS RELEASE APPLIES TO ALL CLAIMS (PRESENT AND
FUTURE, KNOWN AND UNKNOWN) BASED UPON ANY CAUSE OF ACTION OR
THEORY, IRRESPECTIVE OF CAUSE OR ORIGIN, WHETHER BREACH OF
CONTRACT, TORT, PERFORMANCE, NON - PERFORMANCE, INTENTIONAL ACT,
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STRICT LIABILITY OR NEGLIGENCE (SOLE OR JOIN, ACTIVE OR OTHERWISE)
OF THE PROTECTED PARTIES. GRANTEE INTENDS FOR THIS TO RELEASE
THE PROTECTED PARTIES FORM THE CONSEQUENCES OF THEIR OWN SOLE
OR JOINT NEGLIGENCE.
Section 6. Noting herein examined shall ever be held or considered m wnferring
upon Grantee my exclusive rights or privileges of my mature whsrsmever.
Section 9. (a) This ooirame shall be subject in and governed by the Home Rule
Charter of the City and all applicable regulations, oMivaoces, laws and transactions, in existence
or later adopted, and Ore Grates shall comply with them. Nothing in this ordinance shall ever
be conshu d to be a permit, license, permission or waiver of my rryuirement of the inning
orrommi, Chapter 6 or 19 of the Code of Ordinances or any other ordinance of the City, but
instead, the Grantee understands that all such other ordinances most be reapplied with, in
additiono the raluvements ofthis ordinance.
(b) If the City proposes m official plan for oDatrim parking to serve
tie business district along Edtoe Street occur the subject structure), the Gmnree agrees to meet
and confer with the City end to take reasonable sops, as may be requested by the City, to help
implement the plan, if it is adopted.
Section S. If Gramee fails to perform any of its duties under this ordinance, the City
may, at its option, terminate the rights of the Grantee, In the event of such wrm in ion. all of the
remmning paymemm of Crri mm shall become immediately due.
Section 9. This franchise is for the sole use and bevel t of Grantee, and it Is not
transferable or assignable. A change of name by Grantee, a merger by Grantee with mother firm
or an acquisition of Connote by mother firm shop not be deemed to be a transfer within the
meaning of Otis Section.
Section I0. This trims ce shall take effect upon adoption and continue and remain in
effect for non (10) year period ending at noon on October 10, 2026 (unless sooner terminated),
provided that this ordinance shall not take eff t unless Grantee'. U) signs and files a written
acceptance of this ordinance with the City Secretary of the City on or before the 30 day
following the day that this ordinmce is finally adopted (or within such longer period of time m
the City Council of the City may prescribe), such accep rove being in the form stunted hereon.
and (i) makes the initial payment when due. Tom franchise shall automatically terminate
(sooner Gan October 10, 2026) if Gramee.seffs or transfers its interest in the subject structure or
the shutting property, or if Grantee fails to make the maual payment rmuired by this ordinance.
Section 11. All prior franchise ordinance and pens of such compares in conflict
herewith are hereby repealed to the person of the conflict only.
Section 12. D my word, phrase, clause, sentence, paragraph, section or other part of
this ordinance or the applieation thereof to any person or circumsane; start ever be held to be
Invalid or unconstitutional by an mum of cmupetem jurisdiction, the marauder of this ordinance
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and the application of such word, phase, clause, sentence, pmagaph, section or otter pan of this
ordinance many other pvsrvs or circumstances shall not be affected thereby
Section 19. The City Council officially finds, determines and declass that a sufficient
written notice of the date, lam, place and subject of each meeting at which this ordinance was
discussed, considered or acted upon was given in the recover required by the Texas Open
Meetings Law, as amended, and that each such meeting bas been open to the public as required
by law at all fitnes during such discussion, consideration and action. TM City Conrad ratifies,
approves and confirms such notices and the contents aM posting thereof.
PASSED AND APPROVED ON FIRST READINGon October 27, 2014
PASSED AND APPROVED ON SECOND READING, FINALLY ADOPTED AND
c SIGNED Nvember 10, 014
a�Ai sgned,.s
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Recommentletl: Cl CtyM reg
Approved as to legal farm:! 2
City Attorney
(00167204 000x(
ACCEPTANCE OF FRANCHISE
To the City of Wen Cniversity Plain, Texas:
3662 University Partners. LP. for itself, its suxesso and assigns, hereby eencpb the
above and foregoing demanded and ayfees to be bound by all Bits
3642
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By
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THE STATE OF TEXAS ¢
COLOTY OF HARRIS x
Before me on this day, personally appemed James K Reid, proved to me to be the pence
and me whose time i s subscnbed to the foregoing announced add
acknowledged to me Nat the instrument was the act of 3642 University Parmers, LP, a IimitW
partnership, and that he wr culed the foslrumeni as the act of add Indeed pannuship for the
purposes end consideration expressed therein, by proper authority, and in the Capacity sorted in
me document LI.e�ii 44 /
(riven under my hand and sent ofotBre this Lday of ,2014.
x v mnet..l tae of
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Erylmc .,n,�A<..�
Segember35, 2015
Notary Public, Smtc o
THE STATE OF TEXAS §
COUNTY OF HARRIS ¢
L the duly appointed, qualified and acing City Sommary of the City of Wet tlnlveraity
Place. Texas, der hereby certify that the abme and f regoing Accepem¢n was received and fletl
in the Mfrs Of the City Secretary, of the City of West University Phase, Trans. on
EXECUTED under my hand and the ofTic 1 s Of the Ci f Wen Urdv
Tam, at said City aa}i!eryf9
Date: t (,7oty By:
Secretary
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