HomeMy WebLinkAbout10923 ORD - 06/21/1972JRR /HG /Mc 5/16/72 1ST
AN ORDINANCE
! AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE 1
AN AGREEMENT LEASING THE SPACE, 1UILDING AND FIXTURES
KNOWN AS THE ART MUSEUM BUILDING AT 902 PARK AVENUE TO
THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED, FOR AND ON BEHALF OF THE CIJY OF CORPUS, CHRISTI, TO EXECUTE AN
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AGREEMENT LEASING THE SPACE, BUILDING AND F-IXTURES KNOWN AS THE ART MUSEUM
BUILDING AT 902 PARK AVENUE TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT
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10923
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JRR /HG /Mc 5/16/72 IST I ,
THE STATE OF TEXAS )
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
WHEREAS, THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED LESSOR, IS
THE OWNER OF CERTAIN SPACE, BUILDING AND FIXTURES KNOWN AS THE ART MUSEUM
BUILDING AT 902 PARK AVENUE; AND
WHEREAS, THE ART. COMMUNITY CENTER, HEREINAFTER CALLED LESSEE, A
NON - PROFIT ORGANIZATION, DESIRES THE USE OF SAID ART MUSEUM FOR THE PURPOSES
HEREIN EXPRESSED; AND
WHEREAS, THE LESSOR AGREES AND AUTHORIZES THE USE OF SAID ART
.= MUSEUM-BY ' THE" LESSEE -FOR A -PER IOD "OF 'FIVE '(5) YEARS, -THE EFFECTIVE DATE BEING
THE DATE ON WHICH THE LESSEE TAKES OVER OPERATION OF THE BUILDING AND EXTEND-
, ING FOR A PERIOD OF FIVE (5) YEARS THEREFROM.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND FOR AND IN
CONSIDERATION OF THE CHARGES, FEES, RENTAL COVENANTS, AND AGREEMENTS CONTAINED
HEREIN. THE PARTIES HERETO DO HEREBY AGREE ON THE FOLLOWING:
ARTICLE I
THE PARTIES MUTUALLY AGREE THAT THE TERM OF THIS LEASE BE FOR A
PERIOD OF FIVE (5) YEARS, THE EFFECTIVE DATE BEING THE DATE ON WHICH THE LESSEE
TAKES OVER OPERATION OF THE BUILDING KNOWN AS THE ART MUSEUM BUILDING,
LOCATED AT 902 PARK AVENUE IN SOUTH BLUFF PARK, AND EXTENDING FOR A PERIOD
OF FIVE (5) YEARS THEREFROM.
ARTICLE II
IN CONSIDERATION OF THE USE AND OCCUPANCY OF SAID BUILDING LESSEE
AGREES AND COVENANTS TO PAY THE SUM OF ONE DOLLAR ($1.00)_ANNUALLY, IN ADVANCE,
TO THE LESSOR,
ARTICLE III
LESSEE AGREES TO KEEP THE BUILDING OPEN SIX DAYS PER WEEK EXCLUDING
HOLIDAYS NORMALLY RECOGNIZED AND SO DESIGNATED BY THE CITY COUNCIL.
ARTICLE IV
LESSEE AGREES TO PROVIDE ONE REGULAR EMPLOYEE, IN ADDITION TO ANY
'- VOLUNTEER EMPLOYEES PROVIDED, TO HELP IN THE OPERATION OF THE MUSEUM..
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ARTICLE V
LESSEE AGREES TO PROVIDE ITS OWN CUSTODIAL SERVICE AND ANY SUPPLIES
NECESSARY IN CONNECTION THEREWITH.
ARTICLE VI
LESSOR AGREES THAT THE CITY PARK AND RECREATION DEPARTMENT WILL
MAINTAIN THE EXTERIOR OF THE BUILDING AND FURTHER AGREES THAT SAID DEPARTMENT
WILL PAINT THE INTERIOR OF THE BUILDING ONCE EACH YEAR.
ARTICLE VII
LESSOR AGREES THAT THE PARK AND RECREATION DEPARTMENT WILL PAY ALL
UTILITY BILLS WITH THE EXCEPTION OF TELEPHONE SERVICE.
ARTICLE VIII
LESSEE AGREES THAT NO ADMISSION CHARGES WILL BE LEVIED ON THE
GENERAL PUBLIC ATTENDING EVENTS PRESENTED BY THE ART COMMUNITY CENTER.
ARTICLE IX
LESSEE AGREES THAT MEMBERSHIP IN THE ART COMMUNITY CENTER WILL BE
OPEN TO ALL CITIZENS WHO HAVE AN ACTIVE INTEREST IN ART.
ARTICLE X
LESSEE AGREES TO USE THE HEREINBEFORE DESCRIBED BUILDING FOR ME4TINGS,
ANNUAL SHOWS WORKSHOPS, LECTURES, AND TO PROVIDE A PLACE FOR WINTER TOURISTS
TO PAINT WHILE VISITING CORPUS CHRISTI.
ARTICLE XI
LESSEE AGREES TO PROVIDE PUBLIC LIABILITY INSURANCE IN THE AMOUNTS
OF NOT LESS THAN $100,000 PER PERSON PER OCCURANCE AND NOT LESS THAN $300,000
PER OCCURANCE.
ARTICLE XII
LESSOR RESERVES THE RIGHT TO CANCEL OR TERMINATE THIS LEASE FOR ANY
REASON UPON NINETY (90) DAYS WRITTEN NOTICE.
ARTICLE XIII
LESSEE AGREES TO RELIEVE THE LESSOR OF ANY BLAME FOR DAMAGE TO
PAINTING AND SCULPTURE WORK BELONGING TO LESSEE.
ARTICLE XIV
LESSEE AGREES THAT NONE OF ITS AGENTS SHALL BE CONSIDERED AS EMPLOYEES
OF THE LESSOR AND THE LESSOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY INJURY
SUSTAINED TO THE PERSON OF THESE AGENTS.
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JRR /HG /Mc 5/16/72 1ST
ARTICLE XV
LESSEE FURTHER AGREES THAT LESSOR SHALL NOT BE LIABLE FOR ANY LOSS
OF PROPERTY OF LESSEE OR OF THE AGENTS THEREOF WHICH MIGHT OCCUR.
ARTICLE XVI
LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR FROM ANY
LIABILITY AND /OR CLAIMS ARISING OUT OF THE OPERATION OF THIS LEASE.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL,
THIS DAY OF , 1972.
ATTEST: CITY 'OF 'CORPUS `CHRISTI, TEXAS
BY
CITY SECRETARY R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
DAY OF 1972:
CITY ATTORNEY
4� LESSOR
THAT THE FOREGOING ORDINANCE WAS READ IRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE 1'7M- OF_CTHE F� -' jg Z Z, BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES �.
GABE LOZANO, $R.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FF��....,, THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE�'/Qll DAY OF ig 7.y , BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY O "19-2—z , BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GO NZALES
GABE LOZANO, SR.
J. HOWARD STARK 0
PASSED AND APPROVED, THIS THE DAY of In X ' 1g_zb.
ATTEST: �(/l
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CITY SECRETARY YOR PF-o -re r?
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
� 7 A DAY O l9i
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