Ordinance No. 4,69470423 -1
® ORDINANCE NO. 4694
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH SAN JACINTO MALL FOR THE UTILIZATION OF PARKING
® SPACES BY PARK - AND -RIDE COMMUTERS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves an agreement with San Jacinto Mall for the
utilization of parking spaces by park- and -ride commuters, and
authorizes and directs the Mayor and City Clerk of the City of
Baytown to execute and attest to said agreement. A copy of said
agreement is attached hereto, marked Exhibits "A," and made a
part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd day of April,
1987.
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ATTEST:
EILEEN P. HALL,' ity Clerk
RANDALL B. STRONG, City rney
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EXHIBIT "A"
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9 COMMUTER BUS PARKING AGREEMENT
This COMMUTER BUS PARKING AGREEMENT ( "Agreement ") dated as of
the day of , 1987, by and between SAN
® JACINTO MALL COMPANY, a Texas general partnership ( "Mall
Company ") , and the CITY OF BAYTOWN, TEXAS, a municipal corpor-
ation located in Harris County, Texas ( "City ").
W I T N E S S E T H:
WHEREAS, Mall Company owns and operates that certain property
commonly known as "San Jacinto Mall" located in Harris County,
Texas;
WHEREAS, City has contracted with National Transit Services,
Inc. ( "National ") for commuter bus services; and
WHEREAS, City desires to provide parking for commuters in
conjunction with such commuter bus services, and Mall Company
desires to provide a portion of the San Jacinto Mall parking lot
for such parking.
NOW, THEREFORE, for and in consideration of the mutual
promises contained herein, the sum of Ten and no /100 Dollars
($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Mall Company
and City hereby agree as follows:
1. Parking. Mall Company shall provide a portion of the
parking lot of the San Jacinto Mall (the "Parking Area ") for the
non - exclusive use by City as a parking lot for the commuter bus
service operated by National pursuant to a commuter bus service
contract between National and City, which portion is designated
in red on Exhibit A attached hereto.
2. Access. City and National shall have the non - exclusive
right to use the roadway areas of the remainder of the San
Jacinto Mall parking lot as necessary to enter- or exit the
Parking Area from Garth Road or Interstate Highway 10.
3. Promotion. City shall use its best efforts to promote
the use by the general public of commuter bus service from the
Parking Area provided by Mall Company.
4. Maintenance. City shall be responsible for all mainten-
ance of the Parking Area and shall be responsible for the repair
of any damage of the Parking Area caused by the use of this area
by City, National or any user of the commuter bus service,
including any excessive wear and tear caused by the increased
traffic and usage of the Parking Area. City shall also provide
and maintain such signage as may be necessary for the Parking
Area by a commuter bus service. All such signage shall be
subject to the approval of Mall Company, which approval may be
granted or withheld in Mall Company's sole discretion. Nothing
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in this agreement shall prohibit Mall Company from repairing
and /or resurfacing the Parking Area as part of a plan by Mall
Company to restore or rehabilitate the entire San Jacinto Mall
parking lot, inclusive of the Parking Area. In the. event that
® Mall Company shall engage in such restoration or rehabilitation
of the parking lot, rendering the Parking Area unusable at any
time during the term hereof, Mall Company shall designate an
alternate parking site to be used pursuant to the terms hereof.
5. Insurance. City shall provide, or cause National to
provide comprehensive general liability insurance for bodily
injury and property damage in an amount not less than Two Million
Dollars ($2,000,000.00), which insurance shall name Mall Company
as an additional insured.
6 Term. The term of this Agreement shall be for three (3)
years from the execution hereof; provided, however, this Agree-
ment may be terminated by City upon thirty (30) days written
notice if City for any reason discontinues its contract for
commuter bus services with National or by Mall Company in the
event it receives a written objection to the continuation of this
Agreement from one or more of the department stores at San
Jacinto Mall. Either party hereto may terminate this Agreement
upon thirty (30) days written notice upon the failure of the
other party to reasonably meet the requirements of the Agreement
set forth herein.
1W 7. Indemnification. At all times during the term hereof,
in the event there are any losses, costs, claims, demands, causes
of actions, lawsuits, judgments, damages, liabilities, fees or
expenses filed against or sustained or incurred by Mall Company,
including, without limitation, any attorney's fees expended or
incurred by Mall Company, resulting from or arising out of the
use of the Parking Area by City, National or any of their agents,
tenants, customers, permitees, invitees, successors and /or
assigns resulting in injury, loss of life or damage to property,
City shall defend and indemnify and hold Mall Company harmless
from and against any and all such losses, costs, claims, demands,
causes of action, lawsuits, judgments, damages, liabilities, fees
and expenses which Mall Company incurs or sustains because of
such injury, loss of life or damage to property as herein
provided. In addition, in the event any workmen's, mechanic's,
or materialmen's liens are charged or filed against Mall Company
or any entity affiliated with San Jacinto Mall as a result of any
actions or omissions of the City or National, City shall defend
and indemnify and hold Mall Company harmless from and against any
and all such workmen's, mechanic's, or materialman's liens or
® claims.
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IN WITNESS WHEREOF, Mall Company and City have signed this
Agreement to be effective the day of , 1987.
is MALL COMPANY:
SAN JACINTO MALL COMPANY,
a Texas general partnership,
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By: HERRING- O'CONNOR MASTER PARTNERSHIP I,
a Texas general partnership,
Managing Partner,
By: HERRING ASSOCIATES PARTNERSHIP I,
a Texas general partnership,
Managing Partner,
By:
M. G. Herring, Jr.,
Managing General Partner
By: O'CONNOR REALTY INVESTORS L.P.,
a Texas limited partnership,
Partner,
By: J. W. O'CONNOR & CO.
INCORPORATED,
a Delaware corporation,
Managing General Partner,
By:
Jeremiah W. O'Connor, Jr.,
President
CITY:
CITY OF BAYTOWN, TEXAS,
a Texas nicipal corporati ,
By:
mmett 0. Hu t to,
Mayor
ATTEST:
By:
Eileen P. Hall,
City Clerk
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