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O-1994-1967
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O-1994-1967
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:23:45 AM
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Legislative Records
Legislative Type
Ordinance
Date
3/14/1994
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<br />. . <br /> <br />e <br /> <br />e <br /> <br />XII. <br /> <br />City may enter into an agreement with a qualified and responsible person for the <br />operation, management, and routine maintenance of the premises and pier. Any such <br />agreement by City with such operator, shall be expressly subject to (1) the terms and <br />provisions of this agreement and (2) the prior written approval of the Commissioners Court of <br />the County. <br /> <br />XIII. <br /> <br />City will purchase and maintain during the term of this agreement a comprehensive <br />general liability insurance policy to cover City and County for any liability in connection with <br />the use of the premises with coverage in the amounts of not less than One Hundred Thousand <br />Dollars ($100,000.00) for injuries or death to anyone person, not less than Three Hundred <br />Thousand Dollars ($300,000.00) for injuries or death to more than one person in anyone <br />accident or occurrence and not less than One Hundred Thousand Dollars ($100,000.00) for <br />damage to or destruction of property in anyone accident or occurrence, or in the amounts of <br />the County's maximum limitation of liability under the Texas Tort Claims Act, as amended. <br />City shall furnish the County either the original policies or certificates that such insurance is in <br />full force at all times during the term of this agreement. At all times during which the balance <br />of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall <br />also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of <br />materials and labor to rebuild the pier in the event of damage or destruction of same, either <br />from natural or other causes. <br /> <br />XIV. <br /> <br />City shall not allow any liens or any other encumbrances to attach to the premises. <br /> <br />XV. <br /> <br />In the event of damage or destruction of the pier and premises, whether partial or total, <br />City may elect to restore the pier and premises, using the proceeds of the escrow account, plus <br />other City funds as necessary, or City may elect to terminate the agreement, in which event <br />City will pay to the County, out of the escrow account, an amount deemed sufficient by the <br />Harris County Engineer to restore the pier, after which time the City shall refund one-half <br />(112) of the remaining balance in the escrow account to the County pursuant to Paragraph XVI <br />below. <br /> <br />XVI. <br /> <br />Either the City or County may terminate the term of this agreement, with or without <br />cause, at any time, by giving to the other party hereto at least ninety (90) days advance written <br />notice of its intention to do so, specifying therein the effective date of such termination. At <br />the termination of this agreement, whether by lapse of time or under any of the conditions or <br />provisions contained herein, the pier and all other improvements in the premises will become <br />the property of the County, and City will (1) peaceably and quietly yield up and surrender the <br />said premises and pier to the County, and (2) remit to the County, without demand, within <br />thirty days of said termination, one-half (112) of the balance of funds in the escrow account, <br />provided, however, if in the sole opinion of the Harris County Engineer, the pier is damaged <br />or in need of repairs or restoration at the time of such termination, then and in that event, the <br />City shall pay to the County, out of the escrow account, the amount deemed sufficient by the <br /> <br />5 <br />
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