1994-12-12 Public Hearing and Regular Meeting

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