HomeMy WebLinkAbout15640 ORD - 07/23/1980• JD:jkh:7-9-80;2nd
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO CONTRACT AND A LEASE WITH THE CORPUS CHRISTI AQUARIUM
ASSOCIATION PROVIDING FOR THE CONSTRUCTION BY SAID
ASSOCIATION OF AN AQUARIUM AND SEA LIFE PARK, ITS
CONVEYANCE TO THE CITY, AND THE LEASE OF A 3.0 -ACRE
SITE CONTAINING SAID AQUARIUM FACILITY ON THE PEOPLES
STREET T -HEAD FOR A TWENTY-YEAR TERM, SUBJECT TO TERMI-
NATION WITHOUT CAUSE AFTER FIVE YEARS OF THE LEASE TERM
AND SAID ASSOCIATION IS TO PROVIDE TO AQUARIUM PATRONS A
COMPREHENSIVE EDUCATIONAL PROGRAM RELATING TO THE
AQUARIUM THEME, ALL AS MORE FULLY SET FORTH IN THE AGREE-
MENT TO CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A" AND IN THE AQUARIUM LEASE GENERALLY
CONTAINING PROVISIONS AND IN A FORM AS SET FORTH IN
EXHIBIT "B", ATTACHED HERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute an
Agreement to Contract and a Lease with the Corpus Christi Aquarium Associ-
ation, providing for the construction by said Association of an aquarium
and sea life park, its conveyance to the City, and the lease of a 3.0 -acre
site containing said aquarium facility on the Peoples Street T -Head for a
twenty-year term, subject to termination without cause after five years
of the lease term and said Association is to provide to Aquarium patrons a
comprehensive educational program relating to the aquarium theme, all as
more fully set forth in the Agreement to Contract, a substantial copy of
which is attached hereto as Exhibit "A" and in the Aquarium Lease generally
containing provisions and in a form as set forth in Exhibit "B", attached
hereto.
MICROFILMED
AUG 291980
i531O
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AGREEMENT TO CONTRACT
THE STATE OF TEXAS 0
COUNTY OF NUECES G
•
This agreement is made and entered into this the day of
1980, by and between the City of Corpus Christi, Texas, a municipal corporation,
hereinafter called "City", and the Corpus Christi Aquarium Association, a nonpro-
fit Texas corporation, hereinafter called "Association".
In consideration of the mutual covenants and agreements herein contained
and subject to the terms and conditions herein, it is mutually agreed as follows:
I. Establishment of Aquarium Facility:
The Association shall erect, construct and make all preparations for
equipping, stocking, and fully establishing an aquarium and sea life park, here-
after called an "aquarium facility", which is to be open to the public and located
as follows, to -wit:
A 3.0 acre site, more or less, located on the north and east
central portion of the Peoples Street T -Head, Corpus Christi,
Nueces County, Texas, as shown on the drawing attached hereto
as Exhibit "1" and incorporated herein by reference.
II. Responsibility for Plans, Specifications, and Construction:
The Association shall have full responsibility for the preparation of
all plans and specifications, advertising of bids, and supervision of construction
of the aquarium facility. The plans and specifications shall include initial site
work for and around the aquarium facility site, including, but not limited to,
landscaping, driveways, sidewalks, parking lots and curbs, etc.
III. Approval of Plans:
All plans and specifications for the aquarium facility site, including,
but not limited to buildings, tanks and other site improvements, must be approved
by the City prior to commencing work at the site. Pilings, saltwater intakes
and discharges and the like must be approved in writing by the City Manager prior
to commencing their construction and installation. Upon approval, the City will
grant appropriate non-exclusive easements for such intakes and discharges.
IV. Permits and Compliance with the Law:
This project and the establishment of erg aquarium facility must fully
comply with all federal, state, and locel laws, crdinances, rules and regulations.
•
All applicable permits and licenses shall be obtained by the Association at its
own expense. The Association shall designate in writing to the City one person
who will be the architect or engineer responsible for the preparation of all plans
and specifications and who will supervise and be responsible for erecting or con-
structing the project in conformity with the approved plans and specifications
through its completion.
V. Acceptance of Improvements and Site Work:
Acceptance of the improvements and initial site work from the contrac-
tor when completed may only be accomplished jointly by the Association and the
City. Acceptance by the City shall be accomplished through the joint agreement
of the City Directors of Engineering and Physical Development and Inspections
and Operations.
VI. Responsibility for Fees and Costs:
The costs of construction, including initial site work, saltwater
intakes and discharges, pilings required or deemed advisable by the City, and
all construction staking, inspection, testing; laboratory services, architects'
and engineers' fees, and all other fees and costs, including all costs of equip-
ping and stocking the aquarium facility, shall be borne entirely by the Associa-
tion. The Association shall pay all costs for installation of required sewer
lines, fire hydrants, and lift stations. The Association shall pay all costs
of constructing or reconstructing curbs and parking lots included within ap-
proved plans and specifications. The City does not assume and will not in any
way be responsible for any of the financial obligations incurred or created by
the Association in connection with the construction, equipping, stocking, and
establishment of said aquarium facility.
VII. Indemnity:
The Association shall indemnify and hold harmless the City from any
and all charges, claims or liability of any nature whatsoever arising out of
this agreement or the construction, equipping, stocking or establishment of the
said aquarium facility.
VIII. Sewer Requirements:
The City warrants that sewer service is available to the lease site
at the existing sanitary sewer lift station on the Peoples Street T -Head. The
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Association shall, at its own expense, extend either a gravity line or a minimum
four -inch force main from the lease site to the existing lift station. The Asso-
ciation shall submit its wastewater plan to the Director of Engineering and Physi-
cal Development for approval prior to any construction.
IX. Water Requirements:
The City warrants that water service will be available to the lease
site at an eight -inch main installed by the City on the Peoples Street stem
leading to the Peoples Street T -Head. The Association shall, at its own ex-
pense, extend the eight -inch water main from the Peoples Street stem to a loca-
tion necessary to serve the aquarium facility. The plans for the extension
shall be submitted to the Director of Engineering and Physical Development for
approval prior to construction..
X. Electrical Power and Telephone Service:
The Association shall, at its own expense, be responsible for making
all arrangements for adequate electrical power and telephone service to the
aquarium facility. All utility lines shall be placed underground.
XI. Natural Gas Requirements:
The City warrants that natural gas service will be available to the
lease site. The City shall extend a two-inch gas main from the existing main
serving the barge restaurant.
XII. Transfer to City:
Upon completion of the construction and acceptance of the improvements
as set forth above, the Association shall donate and convey such improvements to
the City in the interest of providing an aquarium facility for the enjoyment and
education of the citizens of the Corpus Christi area.
XIII. Agreement to Lease:
The parties agree that when all of the requirements of this Agreement
to Contract have been fulfilled, the parties shall enter into a lease, with the
City as Lessor and the Association as Lessee, generally containing provisions
and in a form as set forth in Exhibit "A" attached hereto.
XIV•. No Barriers to Handicapped:
Improvements and facilities shall be so constructed as to be readily
accessible to the handicapped and to be'in compliance with all applicable state
and federal laws.
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XV. Feasibility Studies:
Prior to erecting or constructing the said aquarium facility, the Asso-
ciation shall conduct or cause to be conducted, at its own expense, the following
feasibility studies:
(a) A study of the structural integrity of the Peoples Street T -Head,
including the necessity, if any, for pilings.
(b) A study of traffic and parking on the Peoples Street T -Head.
The Association and the City shall review each study upon its completion. In the
event the conclusions of either study indicate that the construction of the aquar-
ium facility on the Peoples Street T -Head is not feasible, either party may exer-
cise the termination provisions of paragraph XVI hereof.
XVI. Termination:
As provided in paragraph XV, this agreement to contract may be termin-
ated by either party giving written notice to the other party within thirty (30)
days after all of the studies described in paragraph XV above have been completed,
but before construction of the aquarium facility commences. Written notice to the
City is sufficient if delivered or mailed to the Director of Parks and Recreation
at P.O. Box 9277, Corpus Christi, Texas 78408, and to the Association if delivered
or mailed to Corpus Christi Aquarium Association, P.O. Box 1676, Corpus Christi,
Texas 78403, or such other address as the parties may from time to time designate
in writing.
XVII. No Interruption of Existing Concession Stand:
Neither the Association nor its contractors shall substantially inter-
fere with the existing Peoples Street T -Head concession stand and public restroom
physical facilities unless and until alternate facilities have been made available
to the public by the Association.
EXECUTED this the day of , 1980, in duplicate, each of
which shall be considered an original.
ATTEST: COPPUS CHRISTI AQUARIUM ASSOCIATION
Secretary
By
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: , 1980:
J. BRUCE AYCOCK, CITY TTORNEY
By
Assistant City Attorney
4
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of July, 1980.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared , President of the
Corpus Christi Aquarium Association, a Texas corporation, known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same as the act and
deed of said Corpus Christi Aquarium Association for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1980.
Notary Public in and for Nueces County,
Texas
•
AQUARIUM LEASE
THE STATE OF TEXAS- 1
COUNTY OF NUECES
This agreement is made and entered into this the day of
19 , by and between the City of Corpus Christi, Texas, a
municipal corporation, hereinafter called "City", and the Corpus Christi Aquarium
Association, a nonprofit Texas corporation, hereinafter called "Association".
The City, in consideration of the Association's faithful performance of
the covenants described herein, leases to the Association a certain area of the
Peoples Street T -Head upon these terms:
following:
I. Demised Premises:
The City does hereby lease, let and demise to the Association the
A 3.0 acre site, more or less, located on the north and east
central portion of the Peoples Street T -Head, Corpus Christi,
Nueces County, Texas, as shown on the drawing attached here-
to as Exhibit "1" and incorporated 'herein by reference.
II. Permitted Use:
The demised premises shall be used solely as an aquarium and sea life
park, referred to hereafter as "aquarium facility"; provided, however, that the
Association may operate food, drink, and souvenir concessions in conjunction with,
but secondary to the operation of the aquarium.
III. Term:
The term of the lease shall be for a period of twenty (20) years, com-
mencing with the opening of the aquarium facility to the public and ending twenty
(20) years thereafter on the anniversary of the opening date; provided, however,
that either party may terminate this lease at any time after five (5) years of
said term has elapsed after giving the other party one year's written notice in
advance of such termination.
IV. Aquarium Operation:
The operation of the aquarium facility shall be carried out by the
Association in a businesslike manner at all times. The facility shall be open
to the public; provided, however, that the Association may charge an admission
fee to said aquarium facility on a nondiscriminatory basis. The Association may
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adopt admission fee rate structures of the type normally adopted by public aquar-
iums and zoos. Admission fees and concession revenues shall be used to offset
expenses of operating said facility, including payments of principal and interest
for Association debts incurred in connection with the construction or operation of
the aquarium facility. The facility shall be operated by the Association for the
use and benefit of the community on a nonprofit basis.
V. Monthly Financial Statements:
The Association shall keep strict and accurate books of account of all
receipts collected and shall deliver to the City's Director of Finance a statement
for each month stating the total amount of money received each day and certified
to be correct by an officer of the Association. These statements shall be in a form
prescribed by the City's Director of Finance and shall be delivered to the Director
of Finance by the 20th of the month following the month to which they relate.
VI. Education Program:
The Association shall provide, as part of its aquarium operation, a
comprehensive educational program relating to the aquarium theme for the benefit
of aquarium patrons. The Association shall also provide a student education pro-
gram, which shall include, but not be limited to, organized guided school tours,
docent lectures in schools prior to school tours, and an on-site classroom or rooms.
VII. Lessee Responsibilities:
The Association shall be responsible for the following:
(a) Furnishing, equipping and stocking the facility;
(b) Maintaining the facility, equipment and premises at all times
in a satisfactory state of repair;
(c) Removing all debris from the premises and Marina and restoring
the facility to a satisfactory state of repair following damage by storm, fire,
vandalism or other destructive force;
(d) Ensuring that no pollutant, effluent, liquid or solid waste mater-
ial, fresh or salt water discharge (except salt water discharges approved by the
City and authorized by all applicable and required state and federal government
permits), litter, trash, or garbage issues from the aquarium premises or is allowed
to collect in the water of the City Marina or in the vicinity of the premises or
parking area utilized by the aquarium patrons or employees. It shall bo the duty
of the Association to regularly police the vicinity of the premises, including the
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adjacent parking areas for such materials in order to maintain the cleanliness
and attractiveness of the City Marina and Peoples Street T -Head;
(e) Paying all operating, maintenance, and repair expenses in con-
nection with the aquarium facility;
(f) Paying all costs for installation and use of all utilities, in-
cluding, but not limited to, water, sewer, sanitation, electricity, natural gas,
and telephone;
(g) Complying with all federal, state, and local laws, ordinances,
rules and regulations, as amended, or as may be amended, including, but not
limited to, Chapter 12 of the City of Corpus Christi Code of Ordinances and the
Marina Rules and Regulations;
(h) Securing at the Association's own expense, at or before the execu-
tion and subject to all provisions of this agreement, all of the insurance required
under this section. Such policies shall be delivered to and held by the City
Secretary. The City shall be an additional named insured by the terms of each
policy. Each insurance policy shall contain a provision that it cannot be cancelled
unless thirty (30) days' notice of cancellation shall first have been served upon
the City Secretary. The Association shall secure and maintain during the life of
this agreement the following insurance:
(1) Workers' Compensation insurance covering all employees
of the Association engaged in any work at the lease site;
(2) Policies providing fire, vandalism, and malicious mischief
coverage on the aquarium facility and equipment in an amount suffi-
cient to replace such facility and equipment;
(3) Public liability insurance in the amount of Five Hundred
Thousand Dollars ($500,000.00) for bodily injury or death to any
one person, One Million Dollars ($1,000,000.00) for bodily injury
or death for any one occurrence, and One Hundred Thousand Dollars
($100,000.00) for property damage. Such policy shall include
coverage for poisoning or illness from food or drink.
VIII. Improvements:
No improvements, additions or alterations shall be made to the aquarium
facilities without the prior written approval of the City, except for interior re-
modeling of the aquarium building from time to time. All improvements, auditions,
or alterations made by the Association will comply with all City Codes and shall
become the property of the City.
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IX. Assignment or Sublease:
The Association may not assign this lease nor sublease the premises
nor any part thereof without the prior written consent of the City.
X. Hurricane Preparedness:
In the event the area is threatened by a hurricane or some other emer-
gency situation, the Association shall comply with all orders of the Director of
Parks and Recreation or his authorized representative.
XI. Sanitation:
Garbage and trash shall be stored on the leased premises or upon the
Peoples Street T -Head at a location designated by the Director of Parks and Recrea-
tion. All garbage or trash stored in areas designated upon the T -Head shall be
stored either in normal containers or dumpster type containers. Such containers
shall be stored inside a small building, screened or appropriately landscaped area
all at the Association's expense as approved by the Director of Parks and Recrea-
tion. The garbage container area shall be landscaped and maintained by the Asso-
ciation. Garbage pickup will be required no less than five (5) days per week.
XII. Parking:
Parking for aquarium employees and patrons will be on the stem and
head portion of the Peoples Street T -Head; provided, however, that such areas
shall not be for the exclusive use of the Association, its employees and cus-
tomers.
XIII. Sanitary Sewer:
Operation of sanitary sewer facilities shall be in accordance with the
Industrial Waste Ordinance No. 12896, as amended. Maximum sanitary sewer flows
from the demised premises to the lift station shall not exceed 2,000 gallons per
day. In the event the City has reason to believe that such flows exceed 2,000
gallons per day, the Association shall be required to install, at its own expense,
a flow meter on the line from the lease site to the lift station. Such flow meter
is to be installed within thirty (30) days after written notice of such installation
requirement is sent by the City. Should the results of the flow meter indicate that
the 2,000 gallons per day maximum is exceeded, then the Association shall either
alter the operations of the facility to keep the flow within the 2,000 gallons per
day, or shall, at the Association's expense and after City approval, cause the
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existing lift station to be modified for the purpose of increasing the lift sta-
tion capacity.
The City warrants sewer service from the lift station only as long as
electrical service to the station is not disrupted by storm, accident or other
hazards or catastrophe. Standby power to operate the lift station is not avail-
able, nor is it planned by the City. Maintenance of the sanitary sewer system
from the lift station to the lease site shall be the responsibility of the Asso-
ciation.
XIV. Non -Discrimination:
The Association shall be responsible for the fair and just treatment of
all of its employees. The Association warrants that it is and will continue to be
an equal opportunity employer and hereby covenants that no employee or customer
shall be discriminated against because of race, creed, color, handicap, or nation-
al origin.
XV. Inspection:
City personnel shall have the right to enter upon the demised premises,
including buildings thereon, at all times, for purposes of any inspection, repair,
fire or police action, and the enforcement of this lease.
XVI. Independent Contractor:
It is further understood and agreed that the Association is and shall be
an independent contractor hereunder. The Association shall employ sufficient em-
ployees necessary for the operation of said business, which employees shall be
solely in the employ of the Association.
XVII. Termination:
Except as otherwise provided herein, City may terminate this lease
whenever the Association fails to comply with the provisions and covenants con-
tained herein, and fails or refuses to comply within a reasonable time after
receiving written notice of the violation and recommended cure. In the event
of any termination, the Association shall immediately comply with a written order
from the City Manager to vacate the premises.
XVIII. Notices
Any notices provided for under this lease may be given, in writing, to
the City, by delivering or mailing the notice to the Director of Parks and Recreation
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at P.O. Box 9277, Corpus Christi, Texas 78408, and to the Association by deliver-
ing or mailing the notice to Corpus Christi Aquarium Association, P.O. Box 1676,
Corpus Christi, Texas 78403, or any other address as the parties may from time to
time designate in writing.
XIX. Modifications:
No changes or modifications to the lease shall be made, nor any provi-
sion waived, unless in writing signed by a person authorized to sign agreements
on behalf of each party.
XX. Indemnity:
The Association shall indemnify and hold the City harmless from and
against all claims, demands, causes of action, costs, attorneys fees, liabilities
of any nature whatsoever arising out of this agreement, the Association's use,
operation, or occupancy of the aquarium facility and immediate vicinity (including
conditions arising therefrom), whether such use, operation or occupancy is author-
ized or not, or from any act or omission of the Association, or its officers, agents,
employees, guests, patrons, or invitees.
The Association shall be liable to City for any damage to City property
caused by the Association, or its officers, agents, or employees. City does not
and will not in any way be responsible or liable for any of the financial oblige -
tons which may be incurred or created by the Association, or its officers, agents,
or employees.
XXI. Signs and Lighting:
No exterior signs or lighting or changes thereto shall be installed upon
or in the vicinity of the aquarium facility without the prior written approval of
the City Manager. Such aquarium facility shall be permitted one (1) identification
sign which shall meet the following conditions:
(1) Sign, if illuminated, shall be either internally illuminated or
backlighted.
(2) Sign shall not exceed sixty (60) square feet in area.
(3) Sign must be attached flat against a building or tank which it
relates to and shall not project more than eighteen (18) inches from the wall
and shall not extend above the height of the building or tank.
The park area of the aquarium facility shall have such additional small
directional signs as shall be approved in writing by the City Manager.
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EXECUTED in duplicate originals this the day of
198, by the authorized representatives of the parties.
ATTEST:
Secretary
CORPUS CHRISTI AQUARIUM ASSOCIATION
By
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF , 198 :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Page 7 of 7 Pages
Aquarium Lease
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of July, 1980.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared , President of the
Corpus Christi Aquarium Association, a Texas corporation, known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same as the act and
deed of said Corpus Christi Aquarium Association for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1980.
Notary Public in and for Nueces County,
Texas
That the foregoing ordinanc read for the first time and p ed to its
second reading on this the ' day of �itQt� , 19 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for the second t me and passed to its
third reading on this the gehk- day of J a \J , 19 , by the
following vote: 1
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for the third time and passed finally
on this the AAS day of , 19 gr) , by the following vote:
Aye.
{gbser t -
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the 9y rtday of
ATTEST:
, 19'6 :
ATTORNEY
MAYOR
THCIOF CORPUS CHRISTI, TEXAS
15G40
PUBLISHER'S AFFIDAVIT
STATE OF TERAS, l88 • ,•411County of Nueces. f""
Before me, the undersigned, a Notary Public, this day personally came
LQRRAINE C!t:ZTF.A ....__, who first dulysworn, according being ding to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
M ORDINANCE 15640 A&THORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A
EASE-: . .
of which the annexed is a true copy,THE CORM CHRISTI CALLER -TIMES .
was published in
oa,the.29th'' day of_. JULY _.. _._ 19 80 and once each day _thereafter for_ one .._
consecutive..._ day. _ --•--. _ _
one
l ®-- 935.55 LORRAICNE CORTEZ
ACCOUNTING CLEAR
Subscribed and sworn to before me this_._.29tday of__ JULY
h ___ 19 80
LOIS WINK
PUBLISHER'S AFFIDAVIT
STATE OF TERAS, 1,„:ounty of Nueces.
Before me, the undersigned, a Notary Public, this clay personally came
LORRAINE CORTEZ
...., who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
.IJi CL 9>r.RAS.SAZE_OF OR1NANrs: 17N LEMMA -REAM= v--.- AT n4, LEASE--iFl:M-CORPRS- £ .1:: •
AQUARIUM. THE CORPUS CHRISTI CALLER -TIMES
which the annexed is a true copy, was published in
pa the 21 th day of...._._,._ Y ...__.._ 19_.8.0., and once each ..day_.._. thereafter for. one
a
one des.
LORRAINE CORTEZ .Jif
AC'L'60$°r
Subscribed and sworn to before me this_.__.22t h_.day of__..____.. ._.day .. 19... 80
LOIS WINN
•
otary Public, Nueces County, Texas
NOTICE OF PASSAGE
OF ORDINANCE ON
SECOND REAOING
AUTHORIZING THE
CITY MANAGER TO EXE-
CUTE AN AGREEMENT
TO CONTRACT AND A
LEASE WITH THE COR-
PUS CHRISTI AQUARIUM
ASSOCIATION PROVIDING ,
FOR THE CONSTRUCTIONi
BY SAID ASSOCIATION OF
AN AQUARIUM AND SEA
LIFE PARK, ITS CON-'
VEYANCE TO THE CITY,
AND THE LEASE OF A 3.0!
ACRE SITE CONTAINING
SAID AQUARIUM FA.CIL
ITV ON THE PEOPLES,
STREET T -HEAD FOR' A
TWENTY-YEAR TERM,.
SUBJECT TO TERMI-'
NATION WITHOUT CAUSE
AFTER FIVE YEARS OF
THE LEASE TERM AND
SAID ASSOCIATION IS TO
PAOTRONS. VIDE A COMPRE-
HENSIVE EDUCATIONAL
PROGRAM RELATING TO
THE AQUARIUM THEME,
ALL AS MORE FULLY SET
FORTH IN THE AGREE-
MENT TO CONTRACT, -A
SUBSTANTIAL COPY OF
WHICH IS ATTACHED
HERETO AS EXHIBIT "A"
AND IN THE AQUARIUM
LEASE GENERALLY CON-
ITAINING PROVISIONS
AND IN A FORM AS SET
(FORTH IN ATTACHED HERETO.IBIT B
Notice Is hereby given that
he City Council of the City of
Corpus Christi has, on the
16th day of July, 1980, ap-
broved on second reading,
'haying previously approved
!It on first reading on the 91h1
I day of July, 1980, the afore -i
mentioned ordinance. The
full text of said ordinance Is
available to the public In the
Office of the City Sec7etary.
I WITNESS my hand this
1171h day of July, 1980.
-s-BIII G. Reed,
IOWCIIy Secretary
Corpus Christi,
Texas
PUBLISHER'S AFFIIDAVTI"
STATE OF TERAS, tss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came_
0 LORRAINE CORTEZ
— _. _.... who being first duly sworn, according to law, Bays that he is the
ACCOUNTING CLERK _ u of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING: AUTHORIZING THE MT UNAG_FR. .
of which the annexed is a true copy, wag published in _TBE. CORPUS f'ARTSTT f eLLE. Trntcc
on the__.14tt day of JULY _ 19..x.4., and once each. diS___...._..thereafter for one
one Times
X45.43
- F+Qi1 ENECIiN & - jetg -Q . (-
Subscribed and sworn to before me this..._..15xb..._.day of._ JULY.._.._
LOIS WINN
Public, Nueces County, Texas
NOTICE ,nsSeP
'?F DP...RE_. '� .6
ON Fia5'.NG
AUTHORIZING THE OFNA
MANAGER TO EXEC
UTE
.- N AGREEMENT TO CONON-
WITH AND A LEASE;
CHRISTI
THE CORPUS
UARIUM AS
SOCIATION PROVIDING'
FBYOR THE SAID ASSOCIATION OF
NSTRUCTION
AN ILIFE QUARIUM AND SEA
VEYANCE PARK, O THE CONI
, AND THE LEASE OF C I TY3. ,
j ACRE SITE ANG
SAID AQUARIUM QUARIUP FALE -
ITY ON THE PEOPLES
•TTREETWENT T-HEAD.YEAR FOR A
.TWENTY-YTOR TERM,
SUBJECT TO TERMI-
NATION WITHOUT CAUSE I
THE YEARS OF E LEASER E TERM AND!
SAID ASSOCIATION IS TOI
IPAOTRONSTA ACOMPRE I
HENSIVE EDUCATIONAL
PROGRAM RELATING TO
I THE AQUARIUM THEME,
ALL AS MORE FULLY SET.
I MENTH7 N THAGREE-.
SUBSTANTIAEL COOPY OF
!WHICH IS ATTACHED
!HERETO AS EXHIBIT "A
ANO IN THE AQUARIUMERALLY CON- !
I TAANENG NPROVISIONS '
AND IN A FORM AS SET '
FORTH IN EXHIBIT ' B •,
ATTACHED HERETO.
Notice
is the City Council of he Clfy of I
Corpus Christi has, on the 9th'
I ffirrsioreading98he aloremn
i tloned ordinence. The fuells
j text of said ordinance -•IS,
available fo the public In the
Office of the Clfy Secretary.
WITayofJ ul y hand this
10th tl y Y 1980.
-0-8111G, Read,
CifY Secretary
CitCorpus Chris of
Texas
XIV`. NO BARRIERS
TO HANDICAPPED:
Improvements and facil-
ities shall be so constructed
as to be readily accessible to
the handicapped and to be In
compliance with all appli-
cable state end federal laws.
XV. FEASIBILITY
Prior STUDIES: to eel or con-
structing Bcofal the Association shall
conduct or cause to be con.to�igmexpense,fowfeasibility
Ms: •
(0) A study of the strut.
turel Integrity of the Peoples
Street T -Head, Including the
necessity, If any, for'pllings
(b) A study of traffic enc
parking on the Peoples
Street T -Head.
The Association and the Clt1
shell review each Study upor
'4'rcompletlon. In the event
the conclusions of either
study Indicate that the con
structlon of the aquarium fa
citify on the Peoples Strew
T -Head Is not feasible, either
party may exercise the ter
minatlon provisions el para-
graph XVI hereof.
XVI. TERMINATION:
-Aa{x OvIpad 9R!Pp agrisph
xv, this reerten tb con•
e(he, ppaybe gleving wed tlec
within thl��efyh(88) days mer
all the 'ladles described In
paragraph XV above have
been completed, but before
construction Of the aquarium
facility commences. Written
notice to the City fa sufficient
If delivergd or mailed to the
ati Director P P.O. Box 9277 nd Cor
plus Christi, Texas 79498, and
to the Association If 411110•
ered or mailed to Corpus
Christi Aquarium Associ-
ation, P.O. Box 11679, Corpus
Chrlstl,'Texa1 72461, or such
other address as the parties
may from,llme to Nme deslg-
nate in writing.
OF11 EXISTING'CONION
' . CESSION
n NeitherS theN Association
• nor • etontlaallyn interfere wwith
shall s-
•
• existing Peoples Street T.
1 Head concession stand and
1 public rettroom phvsl®1 fa-
cilities unless and 00911 alter-
nate facilities have been
made available to the public
by the Association.
• EXECUTED this the --
1 day of --, 1980 In dupll-
• tate, each of which shall be
I AT t erre original. -.
t Secretary
. CORPUS AQUARIUM ASSOCIyAYTIION
CITY OF CORPUS
CHRISTI, TEXAS
ATTEST:
---
City Secretary
Secretary
By ---
R. Mervin Tmynsend,
Cityger
APPROVED: ---19M, 80
,1990
J. BRUCE AYCOCK,
CITY ATTORNEY
By ---
Assistant City Attorney
THE STATE OF TEXAS
SOCretarYCORPUS CHRISTI
AQUARIUMyASSOCIATION
ATTEST
C�S�ralara�.. �� nn,�ia
CHRISTI,BY—TEXAS�—
R,MorvinCity T01819.0M8ll)8094r'
A--DAVPPROVEO� D: ---• X93_;
.1. RUCE
CITTY ATTORNEEYYK-
By---
A'slstant TE Attorney
THE STATE OF TEXAS
COUNTY OF NUECES -
BEFORE ME, the•under-
signed authority, on 1199 gay
1-1014grEattriadAY
a peered
Manager of the City of -Car-
pus Christi, Texas, a rnunitl•
pale corporation, end off(lcer
to he the pe
whole name Is subscribed to
the foregoing Instrument,
end acknowledged t0 me that
he executed the 'erne as the
act and deed o1 'aid ettY.fif
Corpus Christi for thtrniilF-
pposes end considers on
therein yeexppressed end din the
car MY
HAND AND SEAL OF OF.
FICE, this the --day o1
July, 1980.
XLSANITATION:
Garbage end trash shall be
stared oil duo leased Prem-
ises or Anson the Peoples
Street T -Heed at a location
designeted by the Director of
Parks and Recreation. All
garbage Or fresh stored In
areas designated upon the T -
Head shalt be stored either in
normal containers or dump -
liter type containers. Such
containers shall be stored In.
side a small building,
screened or epproprletley
landscaped area all at the
Association's expanse as ap-
proved by the Director of
Perks and Recreation. The
garbage container area shall
be landscaped and main-
tained by the Association.
Garbage pickup will be re-
quired no less than five (SI
days per week.
XII. PARKING:
Perking for aquarium em-
ployees and pattens 10111 be
on the etPe elpl head perti on
of the Peopled Street 7 -
Head; provided, however,
that such arses shall not he
of
for 8110 exglusive,usa f the
A00oelatson, I85 employees
aN1 XsIll SANITARY
SEWER:
01pe rya8lon of etaniar sew -
SU
-Gaariaii•Yl n a r e
Waste Ordinance No. 12896,
as amended. Maximum sani-
tary sewer flows from the de-
mised premises to the lift
station shall not exceed 2,000
gallons per day. In the event
the City has reason to believe
that such
gflows exceed 2,000
Mian shall be regtuiiered M In-
stall, at Its own expense, a
flow meter on the Jlle from
the lease site to the lift sta-
tion. Such Row meter Is to be
Installed within thirty (30)
days attar written nbtlte at
such installation require-
ment is bent by the City.
Should the tesults of the flow
meter lodlcate that the 2,000
gallons Per day maximum is
exceeded, then the 'Associ-
ation shall either alter the
operations of the facility to
keepftie Now within me 2,000
oai1*n$ PO day, or shall, at
the Association's expense
and after City approval,
cause the existing Mt station
to be meddled for the pur-
pose o1 increasing the lift
btaRbn capacity. r
The City warrants sewer
service from die lift station
only as tdn9 as electrical ser-
vice to She station Is not 6)5-
rupted,by storm, accident or
other hazards or catas-
trophe. Standby power to oy
orate th6 lift satlen Is not
bgallabl I°epeyettsecEterrfalthff ,z
the sanitary sewer system
from the. lift statlon'to the
lease s)re'andI) be Marmon,
slbllltyof the As0Oci0NO1.
XIV. &ION -DISCRIMINA-
TION:
The Aqebbclation shall be
responsible for the fair and
lust treatment of all of Its
employees. The Association
warrants that d Is and will
continue to be an equal Op•
hortunity employe} and
ereby cb enents ,that no
employee or customer shell
be discriminated agp)058 be-
cause of race, creed color,
handicap, or national origin.
XV. INSPECTION:
City personnel shall have
Vrl0- a emar upon rite
A1afgi4-4111€11Rai
:COSI ref OSTNIYeyitctipffar_raft
OtWilittiddg:ttnti-inelaifhSd( Inn ap-
proved p -
proved plenC and
specif of assume s.
The Clty does
not way
red will not in
any way ee respo• of the financial
bleobliga-
tions
pppgppparaaaaaa-
tIonsInsulted In conn
tions incurred in created -by
with the construction; aqui
Bing, stocking, and
ailment of said aquarium
adl Vil
VIAssociation
INDEMNITY:
They andie old shall In.
the • Cit and hold harmless11
the Clty fromlaiany and all
of any claims or liability
of any rat of this
Wgreement
arising out of rule agreement
or the stocking
or,, equip-
4ping, oto f the oral sage
lahment of the said aqua-
rium facility.
VIII. SEWER REQUIRE-
MENTS:
The City warreata that
sewer service is available to
the lease site at the existing
sanitary sewer IItt station on
the Peoples Street T•Head.
The Association shell, at Its
own expense, extend either a
tlevity Illie or a minimum
our -Inch force main from
the lease site to therexisting
lift station. The Association
shall submit Its wastewater
plan to the Direcfbr of Engl•
nearing and Physical Devel-
opmenldor approval prior to
em construction.
IX. WATE�RaTSREQUIRE-
The City warrants That we -
ter service will be available
to the lease 5110 at an eight -
inch main Installed by the
City on the Peoples Street
stem leading fa rte Peoples
Street E -Head. The Aesecl-
etion Mall, at Its awn ex-
pense, extend the eight -Inch
water main from titq Peoples
Street 0tetp to a locaation nuc•
essary to serve the aquarium
facility. The plans far the ex•
tension shall be submitted t0
the Director of Enbineering
and Physical Development
for approval prior to con•
struttlOn. '
X. ELECT RIIC L POWER
TELEPHONE SERVICE:
The Association shall, at
its own- Wtpen50, be•raspOn-
sible for making all arrange-
ments for adequate electri-
cal 00100or and--.10lephorl0
All OURS tines shfa-
cility.l
be placed underground.
XI. NATURAL GAS
REQUIREMENTS:
The City warrants that
natural gas service will be
avaiable to the lease site.
The (City shall extend a two -
Inch gas main from the exist.
Ing main serving the barge
restaurant.
XctonUpon completion CITY: the
construction and acceptance
the isnrforthh above,vthe Associatas ion
n
shall donate and convey such
improvements to the Clty In
the Interest of pprovhling an
aquariums facility for the en-
loymem and education of the
citizens of the Corpus Christi
area.
XIII. AGREEMENT TO
LEASE:
The parties agree that
when alt of the requirements
of this Agreement to Con-
tract have been fulfilled, the
parties. agell enter "Into e
lath-the'c)eahllttesS at
nepess orthisAitT
rd•TepPlas' rt 7 �q
(e) Paying all operating,
maintenance, end repair ex-
penses In connection with the
•a 4$).' ',writing facility;
. al).�fyingaltaost0le-
sallaflon and use as ail
utili-
ties, Including, but not limit-
ed t0, water, sewer,
sanitation, electricity, natu-
rall,as, and -telephone:
III) )eall
I oral, state,,and lee
WS
ordinances, rules and rep:•
lafions, as amended, or agqss,
but nmlimited d10, ulster 12
of the City of Corpus tChrlstl
Code of Ordinances and the
Marina Rifles and Rev,
lotions;
(h) Securing at the Associ-
ation's own exponte, at or
beforeth0 execution and sub-
ject to 611 provisions of this
odreemem, all of the Incur-
ante required under 8015 sec-
tion. Such policies shall be
delivered to and held by the
City Secretary. The City
Insured an
tithe tterms of each
poll Each Imuran pool -
Icy shell ConMln a prnc lled
Met It cannot 0) days' no-
ticeunless thirty (301 seas' na
tice of cancellation shall first
80050 been served upon The
City Secretary. The Associ-
ation ah011 a and matn-
falp dull the lite of this
egr005510nt the 801109ing in-
surance:
a50,0000:
(1) Workers' Com•
n01101100 Insurance cov-
ering all employees of the
Association engaged In any
work at the lease site;
ff2) POIICIes provldtnp-flre,
1x606011 0, and malllclous
r Um ` cY11
-4pa�ontlutthpe
d�qua- �atrd e•
morn In an amount sufficient
to replace such facility end
equipment;
(3) Public liability Insur-
mount of Five
Hnce in undred} Tlb0us0nd Dollars
(6560,000,00) for bodily in-
jury or death to any one per -
One Mi
so,
Ifornbodilyl In
Ivry or death for any one ac-
ctrance, and One Hundred
Thouee_npd Dollars
(0100,000.00) for property
damage. Such policy shall In-
olrVuIdIIIcM. oegme d PooTng
IMPROVEMENTS:
No Improvements, addi-
tions or -alterations shall b0
meds to the aquarium facil-
ities w the prior writ-
ten approvalroyal of the Clfy, ex-
cept
cept for Intortor remodeling
of the peuorim building
from hale time. All Im-
provements, de by one ersn.
elation
made bpyl the Asea
City Code I at comply
with
thetX. ASSIGN ENT 0R
XX SUBLEASE:
The As latlon may nu
10050 the preml�nnor Bry
part hereof without the Pri-
or written consent of the
city.
X. HURRICANE
PREPAREDNESS:
XVII. TERMINATIG
E000Pt a5 otherwise fro'
herein, Clty 1059
N: Ter-
TA Tate this lenge Nhen8v0t
the Association rails tocont-
wi
ply *1180 1110 provlslbnsatld
covenants Contained tib lot
and tails or refuses 8&1088'
ply within a reason written
mb
eller recel1010 wrltred rec-
ommended
o1 The cure.
In end ree-
ommanded cure. In the event
of any termination, edinfeo'
elation Mall Immen WTea)r
comply with 0 written 3080?.
from the City Manager !Ova•
cote the premis0e. '
XVIII. NOTICES'
Any notices pro vldod for
'under this lease may be g108
en In writing, to the City; by
delivering or mailing the n0,
tice to the DIrect0r of Perks
and Recreation at P.0. --Box
9277, Co 8W
79488, and to theChrlsAaaiing1the010
ny to
or mailing the
noticeice t0 -Corpus Christi
Aquarl76, AssaciatIcift, P.O.
Box 1676, Corpus tChristi,
6 W 79, or any other ed -
dress
dress as the parties1005
from time to time 68gn080
In writing.
XIX. MODIFICATIONS: •
No changes or ma61tice'
Pons to the tease s'P
made, .nor any provlefo
waivvtled, unless In writing
Wet styen ODreertre'O8
behalf of each per •
XX.'iND MN VA' •. .
' YesatTailon inirTn=
K6 A
damnify and hold the City
harmless from and awing
all claims, demands, rau66s
of action, costs, aftp7M
fees, lialaidies of any ne
wty agreroperation,
arelsig g'
eban ausse oratiom bf
cupemy of the aquarium fa'
citify and Immediate vtcitli,
(including conditions arising
therefrom), whether_Such
use, operation or ocou
is authorized or not; 0 bee
any act Or omission eAs-
sedation, or its officers,
patrons,
or i vitees.tion 91-a1
liable to Clty for 0,196077296
to City property couteti '
the Association; or. ifs
flews, agents, or BrnpleYeos•
Cydoes not, end wlittt•net In
Ory w09 be responetbyb"or
Ileble for ank of the flnOndbl
obligations which may -be -In-
curred or created by 9918 As-
sociation, orb Its officers,
egentXXO. SIGNS ANd-
LIGHTING:
No exterior 5)9a05 orllgph •
Ing or 0000905 theretosh°II
be Installed upon or In th9 W-
clntty 0t the aquariu8r, R•
Ify wi8h001 fht e CItY, l
bappapCrb..vel of 1110 City=
shall be perml
Idenliflcatlon sign which
shalt meet the following•enn-
4111000:
(11 Sl9n, if Illuminzded,
shall be either ntern
'UTed or bodkllghtOd. II'
I t
(2) Sign shall not.osgeed
sixty (601 square left n
brae.
(3) Sian must be 106
flat against b building or
a.19nkMeen(1whtch0) It ncOSfrmrrrelaas, fa
Mthb
all not prefect more3henh
wall and shell not e
above the height of the Ild'
Ing or tank.
The park area of the mph
ch
r)um aclOA0Ch
v0
ty shall he
eddltleeeFp11 ell �0
AN OR • INANC= 10640
AUTHTHE
CITY MA r TO EXE-
CUTE AGREEMENTA°-
TO CONTRACT ND A
LEASE WITH THE COR•
PUS CHRISTI AfRIARRIM
ASSOCIATION PROv VIPPt
FOR THE CONSTR :9'd0il
BY SAID ASSOCIA .ON OF
AN AQUARIUM AND SEA
LIFE PARK ITS CON-
VEYANCE TO THE CITY,
AND THE LEASE OF Aq3.0-
ACRE SITE CONTAINING
SAID AQUARIUM FACIL-
ITY ON THE PEOPLES
STREET T•HEAD FOR A
TWENTY-YEAR TERM,
SUBJECT TO TE MI•
NATION WITHOUT CAUSE
AFTER FIVE YEARS OF
THE LEASE TERM AND
SAID ASSOCIATION IS TO
PROVIDE TO AQUARIUM
PATRONS A COMPRE-
HENSIVE EDUCATIONAL.
PROGRAM RELATING TO
THE AQUARIUM THEME,
ALL AS MORE FULLY SET
MENT TTH O'coNT�A
SUBSTANTIAL COPY OF
WHICH IS ATTACHED
HERETO AS EXHIBIT "A"
AND IN 'THE AQUARIUM
LEASE GENERALLY CON-
TAINING PROVISIONS
AND IN A FORM AS SET
FORTH IN EXHIBIT "B",
ATTACHED HERETO. •
BE IT ORDAINED BY
THE CITY COUNCIL OF
THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City
Manager be authorized to am
acute an Agreement t9 Con•
tract and a Lease with the
Corpus Christ) Aquarium As -
sedation, providing for the -
constructlon by said A8sod-
atlon o1 an aquarium and sea -
life mark, Its conveyance to
the City, and the lease of e
3.0.9pere site containing said
aqJ rium facility on the Pea-
' glob Street T -Head for a
twenty-year term, subject to
termination without cause ',
after five years of the lease
term and said Association la
to provide to Aquarium pa-
trons a comprehennsirvae
aaSetla rgfrit 508
theme, all as more fully set
forth In the Agreement to
Contractus substantial copy
of which Is attached hereto
as Exhibit "A" oral In the
containing nim Lease generally
rag provisions and In
a form as set forth In Exhibit
"B", attached hereto:
AGREEMENT TO
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement Is made
and entered Into this the --
deyy of ---, 19 W, by end
behveen the Clty q1 G0rpu8
Christi, Taxes, a municipal
corporation, hereinafter
called"City' and the Corpus
Chrtstl Aquarium Associ-
ation, a nonprofit Teas cor-
poration, hereinafter called
"
Asadcietloh".
In 003514eretl05 Of the mu-
tual covenants and aoree-
menta herein contained and
71 3.0 acre site, more or
lass, located on the north and
east central portion at the
Peoples Street T -Head, Cor-
pus Christi, Nuecea County,
Texas, as shown an the'draw-
Ingg attached hereto as Ex-
hibit '1" and Incorporated
herein by -reference. (Map
referred to Is available in the
Office of the Clty Secretary)
11. RESPONSIBILITY FOR
PLANS, SPECIFICATIONS,
AND CONSTRUCTION:
The Association sh011 have
full responsibility for the
preparation of all plans and
specifications, advertising of
bids, and supervision of Con-
struction of the aquarium fa-
cility. The plans and specifi-
cations shall include Initial
site work for and around the
uarclluding, tart not )limited Inm facility site,
-
t to
landscaping, driveways,
sidewalks, parking lots and,
curbs, etc.
14-1 .---APESR-0 VA L ,
PLANS;
All plans and apeclflca-'
tions for the aquarium tacit-,
Hy alto, Including, but not
limited td buildings,tanks'
and other site Irprove•'
menta, meat be approved by!
the Clty prior to cont•
mencing work at the site.'
Pilings. saltwater Intakes'
and discharges and the like.
must be approved In writing
by the Gity Manager prior to'
commencing their 000091uc-,
Hon and Installatlen. Upon
approval, the City will grant!
appropriate non-exclusive.
easemrats for such Intakes,
and discharges.
IV. PERMITS AND
COMPLIANCE WITH
THE LAW:
This prefect and the estab•!
Ilahment of an aquarium fa,,
clllty mutt fully comply with'
all federal, state, and local.
laws, ordinances, rules and'
regulations. All applicable
Permits and 110050es shell be
obtained byxothe
saAssociation
ctette shall-das�gneha't n
writing to the City one per.
son who will be the architect
or engineer responsible for
the preparation of all plant
and speeiflcatlons and wM
will supervise and be sespon
Isle for erecting or con
ding the protect In con
formlry with the approves
through
its completion.
V.
m
V. ACCEPTANCE OF
IMPROVEMENTS AND
SITE WORK:
Acceptance of the Im
provement and Initial sib
work from the contractel
when completed may only be
accomplished Minty by the
Association and the City. AC
ceptance by the City shall bs
accomplished through the
Paint agreement of the Clty
Directors of Engineering
end Pky5lceI Development
and InsPacflons end Oper-
IV. AQUARIUM
OPERATION:
The operation of thetsqua-
rlum facility shall be carried
OW by fie Association In a
businesslike manner at all
times. The facility shall be
hhaaterAc•oev,ththssxl
atlon may charge an admis-
sion fee to said aquarium fa-
culty on a nondiscriminatory
basis. The Association may
adopt admission tee raid
structures of the type nor-
mally adopted by public
aquariums and toed. Admis-
sion fees and concession rev-
enues shall be used to offset
' expenses of operating said
facility, Including payments
of principal and Interest for
Association debts Incurred In
connection with th0 con•
strudlen or operation of the
Ity q chart t pe of The
Association for the use and
benefit 00 the community on
a nonprofit basis.
V. MONTHLY FINANCIAL
STATEMENTS:
The Association shall keep
strict and accurate books of
account of all receipts col-
lected and shell dellyer to
the City's Director bf Fi-
nance a statement for each
month stating the total
amount of money received
each day and certified to be
correct by an officer of the
Association. These state-
ments shall be Ina form pre-
scribed by the City's Direc-
tor of Finance and shall be
delivered t0 the Director of
Finance by the 30th of the
month following the month to
which fbey.relate,
VI. EDUCATION
PROGRAM:
The Association shall pro-
vide, as part of Ifs aquarium
operation, a comprehensive
educational program re-
lating to theaquarium theme
for the benefof aquarium
patrons. The Association
shell also provide a student
education program,. which
shall Include, but not be lim-
ited to, organized guided
school fours, docent lectures
In schools prior f0 school
tours, and an on-site class-
room or roams. ,
VII. LESSEE
R PONSIBALITES
• The - ..- lieu shear -les
Moons!le for the follow.
Ing:
(a) Furnishing, equipping
and st0cklnpp the facility;
(b) Maintaining the.facil-
Ity, equipment and premises
at all times Ina satisfactory
state of repair;
(0) Removing all debris
from the premises and Ma-
rine and restoring the facll-
Ity to a satisfactory state of
repair following damage by
storm, lira, vandalism 0* other dnsuring a force;
(1) Ensuring that no pollu-
tant, effluent, liquid or solid
waste dister101, freah or s011
water d discharges
discharge -leer -apt Belt
water dlechargas approved
by the City pnd authorized by
I applicable and required
01ons.
VI, RESPONSIBILITY FOR
FEES AND COSTS:
agts.,at-
Inc (t)tlei st
seawater Intakes and dis-
charges, pilings required or
deemed advisable by The
Cityand ani ll ca construction
staking, inspection, testing,
the •t. Rtg„'lhstr
eXeCetedthebatn6s67
_
and -de311f told Clty
Corpus Christ for me pur-
poses and consideration
therein'expresseel and In the
capacity thereln stated.
GIVEN UNDER -MY
HAND AND SEAL OF OF-
_ FtCE, this the — -day of
July, 1980.
Notary Public In
and for Nueces
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, ttte under-
signed authority, oil this day
personally appeared ---,
Presldent of the Carpus
Christ) Aquarium Assoc!.
anon, a Texas corporation,
known to me to be the person
and officer whose name Is
subscribed In the foregoing
Instrument, and acknowl-
edged tome that he executed
the same as the act and deed
of said Corpus Christi Aqua-
rium Asm'r ation for the pur-
poses and consideration
therein eilpressed and in the
capacity therein stated.
GIVEN UNDER MY
HAND AND SEAL OF OF-
FICE, title the -- day
of---, 1980.
Notary Public In
and for Nueces
County, Texas
AQUARIUM LEASE
THE STATE OF TEXAS
COUNTY'OF NUECES
Thls agreement Is made
and entered Into this the
--dayy' of ---, 19i—, by
and between the City 01 Cor-
pus Christi, Texas, a munici-
pal corporation, hereinafter
called City”, and the Cor-
pus cowl Aquarium Asea.
clatien, a nonprofit Texas
corporation, hereinafter
called "Association".
The Cay In consideration
of the Assoclationa'a faithful
performance of the cov-
enants
on-enants described herein,
leases to:the Association a
certain area of the Peoples
Street T•Head upon these
terms:
I. DEMISED PREMISES:
The City does hereby
lease, let and demise to the
Association the following:
A 3.0 acre alta, 11.1010 Or
less, IooUed on the north and
east central portion tit the
Peoples Street T -Head, Cor-
pus Chrlatl, Nueces County,
Texas, as shown on the draw.
In attached hereto as Ex-
hibit "1" and Incorporated
herein by .reference. (Map
referred to Is avallable In the
Office of the Clty Secretary).
II. PERMITTED USE:
The demised premises
shall be Used solely as en
aquarium and sea lite park,
referred to hereaffer as
aquarium facility pro-
vided however, that -the A5 -
sedation may operate food,
drink, and souvenir con-
cessions In conludlon with,
but secondary to the oper-
ation of the aquarium.
111. TERM:
9a515 mewl reAnr•I. , r