HomeMy WebLinkAbout11347 ORD - 03/14/1973JRR:jkh:2 -7 -73; 1st
AN ORDINANCE
AMENDING THE LEASE AGREEMENT BY AND BETWEEN THE
CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI
ART FOUNDATION, INC., AUTHORIZED BY ORDINANCE
NO. 9650, PASSED AND APPROVED BY THE CITY COUNCIL
ON FEBRUARY 18, 1970, BY AMENDING SECTION IV THEREOF
SO AS TO MODIFY CITY'S METHOD OF PAYMENT OF CERTAIN
COSTS AND EXPENDITURES INVOLVED IN THE OPERATION OF THE
ART MUSEUM OF SOUTH TEXAS, AS IS MORE FULLY SET FORTH
HEREINAFTER IN EXHIBIT "A ", ATTACHED HERETO AND MADE
A PART HEREOF.
WHEREAS, the City of Corpus Christi and the Corpus Christi
Art Foundation, Inc., entered into an agreement on February 20, 1970,
regarding the donation by the Foundation of an Art Museum to be built
on City -owned land and donated to the City; and
WEREAS, as a condition of that gift, the City agreed to lease
the completed building for five years to the Corpus Christi Art Foundation,
Inc., and to assist in the financing of certain public services to be
provides' by the Foundation at the leased facility; and
WHEREAS, City and Foundation have agreed that the public services
to be provided by the Foundation and the financial assistance for such
services to be provided by the City can be better administered if Section
IV of the Lease Agreement is amended to simplify the procedures involved
and to clarify the responsibilities of both the Foundation and the City:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Lease Agreement, authorized by Ordinance
No. 9650, passed and approved by the City'Council on February 18, 1970,
by and between the City of Corpus Christi and the Corpus Christi Art
Foundation, Inc., be and the same is hereby amended, by amending Section
IV thereof, so as to modify the City's method of payment of certain costs
and expenditures involved in the operation of the Art Museum of South
Texas, all as is more fully set forth in the amendment to the Lease
Agreement, a copy of which is attached hereto, marked Exhibit "A ".
11347
- JRR:jkh:2 -7 -73; 1st
AMENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS X
BOUNTY OF NUECES X
•
WHEREAS, the City of Corpus Christi and the Corpus Christi
Art Foundation, Inc., entered into an agreement on February 20, 1970,
regarding the donation by the Foundation of an Art Museum to be built
on City -owned land and donated to the City; and
WHEREAS, as a condition of that gift, the City agreed to lease
the completed building for five (5) years to the Corpus Christi Art
Foundation, Inc., and to assist in the financing of certain public services
to be provided by the Foundation at the leased facility; and
WHEREAS, City and Foundation have agreed that the public services
to be provided by the Foundation and the financial assistance for such
services to be provided by the City can be better administered if Section IV
of the Lease Agreement is amended to simplify the procedures involved and
to clazify the responsibilities of both the Foundation and the City:
NOW, THEREFORE, for and in consideration of the Foundation providing
the public services at the Museum and the simplified administrative
procedures hereinafter described, Section IV of the Lease Agreement authorized
by the contract of .gift dated February 20, 1970, is hereby amended to here-
after read as follows:
IV
A. The City agrees to pay directly to the supplier the cost of
electricity, water, sewage collection, gas and garbage collection and the
cost of fire and extended coverage insurance on the structure of the
building. These services will be provided by the City and paid for
directly by the City.
B. City will pay `to Foundation an agreed maximum sum each
fiscal year as the agreed cost of providing the services, supplies, and
expenses contemplated in the original lease between the City and Foundation
and generally described as: "janitorial services, interior and exterior
maintenance services, utility services (excluding telephone); security
services; and fire and extended insurance coverage on the building and
improvement. Maintenance services will be limited to the care and upkeep
of the premises and the area surrounding the Museum, including the area
designated as 'sculpture garden'; the operation and maintenance of the
ventilation system, including both heating and cooling facilities; the
maintenance of mechanical and electrical equipment which is a part of the
Museum; and the maintenance of the physical structure of the Museum.
Security services, janitorial supplies, equipment and supplies needed to
provide said maintenance services and utility services, including waste
disposal service, but excluding telephone service,shall be furnished to
the Museum at the expense of the City."
C. The amount to be paid by'the City to Foundation shall be as
adopted by the City Council in the approved City fiscal year budget.
When the'City has paid the budgeted amount for the above services and
expenditures, it shall have no other•cbligation to the Foundation for
maintenance, custodial, or security expenditures except expenditures for
maintenance of the grounds beyond the .)utside walls for which the City
shall be directly responsible. City will not reimburse the Foundation
should it incur expenditures for outside ground maintenance without
prior approval of City.
D. Foundation shall submit annually its budget request, according
to the City's regular budget procedure. The request will be subject to
the usual review and appropriation process. Foundation will submit requests
for payment monthly in a form approved by the City, indicating by purpose
of expenditure the expenses incurred and the amount requested to be paid
by City and City shall pay such requested amounts until the total appropri-
ation for payment to the Foundation for the particular fiscal year has
been expended. Each such request for reimbursement shall be approved by
an officer of the Foundation or an employee authorized in writing by the
Foundation to submit such requests..
E. The City Council may, at its discretion, provide additional
funds to assist in the carrying out of functions, programs, and Events
within the Museum by or under the authorization of the Foundation in
accordance with the spirit and terms of this contract.
-2-
Executed in duplicate, each of which shall be considered an
original, this the day of , 1973.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary`s Q
jDAY OF T(.G✓L��,e �_ �H:�
City Att 4 ey —
ATTEST: ,!
Secretary
By
R. Marvin Townsend
City Manager
CORPUS CHRISTI ART FOUNDATION, INC.
By
•
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS 7HEDAY OF�, 19_,3_, BY THE
FOLLOWING VOTE:
RONN I E SIZEMORE
LE.Yyl.P yt.C�
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 FO]ggJJJJRR2222 J,�JTJppyyF/�E�, S'4EC_'O,,ND TIME AND PASSED
TO ITS THIRD READING ON THIS THEOAY ;O F� V, 19, BY THE
FOLLOWING VOTE:
0,
BONNIE SIZEMORE
CHARLES A. BONNIWELL _ Q'l-� /VI
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDI ANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE ,x"P., DAY OF� , 19�, BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS T'.
ATTEST:
CITY SECRETARY \ // +
AR�PPIfROV{`ED: ry z
✓,(�/ DAY OF�, 19 / 3 :
r , .a a /
CITY ri1TT IrE9Y_` � y