HomeMy WebLinkAbout16542 ORD - 09/23/1981JD:1st:08/31/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO CONTRACT AND A LEASE WITH THE CORPUS CHRISTI AQUA-
RIUM 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 TERMINATION WITHOUT CAUSE AFTER FIVE
YEARS OF THE LEASE TERM AND SAID ASSOCIATION IS TO
PROVIDE TO AQUARIUM PATRONS A COMPREHENSIVE EDUCA-
TIONAL 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 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 execute an
Agreement to Contract and a Lease with the Corpus Christi Aquarium Associa-
tion, 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.
SEP 271984
16542 MICROFILM'EQ
That the foregoing ordinance wasread for e fist time nd passed to its
second reading on this the 7 day of , 19,y/ , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing'ordinance wap read fo
third reading on this the / day o
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff-Zarsky
cond time qpA passed to its
, 191 , by the
That -the foregoing ordinance as ead or the tkird time and passed finally
on this -the 23 day of 196/ , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. _Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the 23 day of / 19 44(
ATTEST:
APPROVED:
x,01 DAY OF _tea 19' :
J. BRUCE COCK, CITY ATTORNEY
16542
THE CITY OF CORPUS CHRISTI, TEXAS
AGREEMENT TO CONTRACT
THE STATE OF TEXAS p
COUNTY OF NUECES
This agreement is made and entered into this the day of
, 1981, 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".
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, hereafter 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 prepara-
tion of all plans and specifications, advertising of bids, and supervi-
sion 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 Council prior to commencing work at the site.
Page 1 of 6
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 an aquarium facility must
fully comply with all federal, state, and local laws, ordinances, 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 constructing the pro-
ject 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
contractor when completed may only be accomplished jointly by the Asso-
ciation and the City.
VI. Responsibility for Fees and Costs:
The costs of construction, including initial site work, salt-
water 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 equipping and stocking the aquarium facility,
shall be borne entirely by the Association. 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 approved 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.
Page 2 of 6
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 esta-
blishment 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 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 Association shall submit its wastewater plan to the
Director of Engineering and Physical Development of the City 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 expense, extend the eight -inch water main from the Peoples
Street stem to a location necessary to serve the aquarium facility. The
plans for the extension shall be submitted to the Director of Engineer-
ing and Physical Development of the City 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
Page 3 of 6
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, gener-
ally contained 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.
XV. Termination:
The Association may terminate this contract at any time within
the forty-two (42) month period from the date hereof (unless construction
of the Aquarium has already commenced) in the event the Association deter-
mines, after a good faith effort, that the construction and operation of
the aquarium facility contemplated by this Agreement shall not be feasible.
Written notice to the City of the exercise of this provision must be deli-
vered or mailed--to-the City Manager at P. 0. Box 9277, Corpus Christi,
Texas 78408.
The City may terminate this Agreement in the event the Association
fails to submit to the City within one year from the date hereof an accept-
able schematic design study of the aquarium facility consisting of drawings
and other documents illustrating the scale and relationship of the aquarium
facility components and the building design concept. In addition, the City -
may terminate this Agreement in the event the Association fails within
forty-two (42) months from the date hereof (a) to submit to the City satis-
factory construction plans and specifications for the aquarium facility and
(b) to initiate construction of the aquarium facility described in such
plans and specifications. Written notice to the Association of the exercise
of this provision must be delivered or mailed to the Corpus Christi Aquarium
Page 4 of 6
Association, P. 0. Box 1676, Corpus Christi, Texas 78403 or such other
address as the Association is required to maintain and designate in
writing.
XVI. No Interruption of Existing Concession Stand:
Neither the Association nor its contractors shall substantially
interfere with the existing Peoples T -Head concession stand, public
restroom physical facilities or support facilities for the Barge Restaurant
unless and until alternate facilities have been made available to the
public by the Association.
XVII. Parking Modification:
Modifications to provide additional parking spaces on the
south end of the Peoples Street T -Head shall be completed by the Association
prior to elimination of any parking spaces on the north end of the Peoples
Street T -Head caused by construction of the Aquarium Facility.
original.
ATTEST:
Secretary
ATTEST:
EXECUTED in duplicate, each of which shall be considered an
CORPUS CHRISTI AQUARIUM ASSOCIATION
By
City Secretary
APPROVED:
S DAY OF liwur, 1981
J. BRUCE AYCOCK, CITY ATTORNEY
By
CITY OF CORPUS CHRISTI, TEXAS
BY
R. Marvin Townsend, City Manager
THE STATE OF TEXAS 1
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
, 1981.
Notary Public
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 con-
sideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1981.
Notary Public
Page 6 of 6
• . •
EXHIBIT 1
Sept. 4, 1981
•
EXHIBIT I
Sept.4,1981
L
AQUARIUM LEASE
THE STATE OF TEXAS [
COUNTY OF NUECES E
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 per-
formance of the covenants 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 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. Permitted Use:
The demised premises shall be used solely as an acuarium 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. Terms:
The term of the lease shall be for a period of twenty (20)
years, commencing 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.
Page 1 of 8
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 nondiscrimi-
natory basis. The Association may adopt admission fee rate structures
of the type normally adopted by public aquariums and zoos. Admission
fees and concession revenues shall be used to offset expenses of opera-
ting 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 ope-
ration, a comprehensive educational program relating to the aquarium
theme for the benefit of aquarium patrons. The Association shall also
provide a student education program, 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;
Page 2 of 8
(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 material, 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 areas utilized by the aquarium
patronsoremployees. It shall be the duty of the Association to regularly
police the vicinity of the premises, including the 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
connection with the aquarium facility;
(f) Paying all costs for installation and use of all utilities,
including, but not limited to, water, sewer, sanitation, electricity,
natural gas, and telephone;
(g) Complying with all federal, state, and local laws, ordi-
nances, rules and regulations, as amended, or as may be amended, includ-
ing, 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 execution 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 addi-
tional 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;
Page 3 of 8
(2) Policies providing fire, vandalism, and malicious
mischief coverage on the aquarium facility and equipment in
an amount sufficient 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 remodeling of the aquarium building from time to
time. All improvements, additions, or alterations made by the Associa-
tion will comply with all City Codes and shall become the property of
the City.
IX. Assignment or Sublease:
The Association may not assign this lease nor sublease the
premises nor any part therof without the prior written consent of the
City.
X. Hurricane Preparedness:
In the event the area is threatened by a hurricane or some
other emergency situation, the Association shall comply with all orders
of the City Manager 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 Recreation. 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 City Manager. The garbage container area shall be
Page 4 of 8
landscaped and maintained by the Association. 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 customers.
XIII. Sanitary Sewer:
Operation of sanitary sewer facilities shall be in accordance
with the Industrial Waste Ordinance No. 12896, as amended. Maximum sani-
tary sewer flows from the demised premises to the lift station shall not
exceed 2,000 gallons per day or such other amount as authorized by the
City Manager. In the event the City has reason to believe that such flows
exceed said maximum amount, 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 daily maximum amount
is exceeded, then the Association shall either alter the operations of the
facility to keep the flow within the daily maximum amount, or shall, at the
Association's expense and after City approval, cause the existing lift
station to be modified for the purpose of increasing the lift station 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 available, nor is it planned by the City. Mainte-
nance of the sanitary sewer system from the lift station to the lease
site shall be the responsibility of the Association.
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 cove-
nants that no employee or customer shall be discriminated against because
of race, creed, color, handicap, or national origin.
Page 5 of 8
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 employees 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 contained 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 P. 0. Box
9277, Corpus Christi, Texas 78408, and to the Association by deliver-
ing or mailing the notice to Corpus Christi Aquarium Association,
P. 0. 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 provision 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,
Page 6 of 8
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 authorized 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 obligations which may be incurred or created by the Asso-
ciation, 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 illu-
minated or backlighted.
(2) Sign shall not xceed sixty (60) square feet in area.
(3) Sign must be attached flat against a building or tank
which it relates to and shalij/not project more than eighteen (18) inches
from the wall and shall ndt extend above the height of the building or
tank.
The park area of the aquarium facility shall have such addi-
tional small directional signs as shall be approved in writing by the
City Manager.
EXECUTED in duplicate originals this the day of
, 19, by the authorized representatives of the
parties.
ATTEST: CORPUS CHRISTI AQUARIUM ASSOCIATION
Secretary
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
By
City Secretary R. Marvin Townsend, City Manager
Page 7 of 8
APPROVED:
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
L
, 19___
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
, 1981.
Notary Public
State of Texas
THE STATE OF TEXAS I
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
instrument, and acknowledged to me that he executed the same as the
act and dedd of said Corpus Christi Aquarium Association for the pur-
poses and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1981.
Notary Public
State of Texas
Page 8 of 8
•
SCA[ f.
EXHIBIT I
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS. lss:
County of Nneces. J
v.319592 CITYI0 C.C.
Before me. the undersigned. a Notary Public, this day personally came---.
BILLIE J. HENDERSON _. who being first duly sworn, according to law, says that he is the
�� , ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Thanes,
Daily Newspapers, published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 16542_---._-____
_ � ......__ ~~CORPIIS CHRISTI CALLER -TIMES +
of which the annexed is a true copy, was published in -- .__thereafter for_ nn a
on the... 5 day of._...—.-TFNBER _ 19. $.1, and once each.. _tis y —. , ,1
consecutive__.____....day-_._.-.....-...—»..-
$-----.$•23'-4'_"" _.___--•-1 S'ay ofOCTOBER _ _... _._ _..._..._-...._._ 19. 81
Subscribed and sworn to before me this_..-.
LOIS WLNN e�,
Notary Public. Nueces County, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, La,
County of Nueces. f
/4;s?(..QL
v.343699
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came_
BILLIE J. HENDER50N _., who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK __.., of the Corpus Christi Caller and The Corpus Christi limes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
UT; GE QF P./3E0E.QE RE9DTNG....
of which the annexed is a true copy, was published is CORPUS CHRISTI CALLER -TIMES
oa th st_ day 01.._.__ SEPTEMBER 19. 81, and once each._._ du_ thereafter for.. one
consecutive..._.-_._ Ji ...—._._........-......_
$ .47.56
BILLIE J. HENDERS0N
Subscribed and sworn to before me this _.1 at day of- QDTCRER ........_._.._ 18 R1
lois winn,
otary
ueces County, Texas
NOTICE OF PASSAGE
OF ORO FIANCE ON
SECONC READING
AUTHORIZING rHE CITY
MANAGER TO EXECUTE
AN AGREEMENT TO CON-
TRACT AND A LEASE
WITH THE CORPUS
CHRISTI AQUARIUM AS-
SOCIATION PROVIDING
FOR THE CONSTRUCTION
BY SAID ASSOCIATION OF
AN AQUARIUM AND SEA
LIFE PARK, ITS CON-
VEYANCE TO THE CITY,
AND THE LEASCi OF A 3.0 -
ACRE SITE CONTAINING
SAID AQUARIUM FACIL-
ITY ON THE PEOPLES
STREET T -HEAD FOR
TWENTY-YEAR TERM,
SUBJECT TO TERME-
NATION WITHOUT CAUSE
AFTER FIVE YEARS OF
THE LEASE AND SAID AS-
SOCIATIO. IS—TO PRO-
VIDE TO AQUARIUM PA.
ITRONS VE A
I EDUCATIONAL RO-
GRAM I TO THE
QU RIUM THEME ALL
'AS MORE FULLY SET
FORTH IN THE AGREE-
MENT TO CONTRACT, EX-
HIBIT "A" AND IN THE
GEN-
EAUARALLIY CONTAINING
PROVISIONS AND IN A
FORM AS SET FORTH IN
EXHIBIT "B", ATTACHED I
HERETO.
Waspassedpassed on second
reaof the City of y the
Christi, II
Texas on September 16, 1981, '
previously approJed on first Iyy
reading on September 9, I
1981.
ece eisuavalfablesto the II
public In the Office of the 1
City Secretary. 1
WITNESS my hand this •
17th day of Septemher, 1981.
-s-BIIf G Read
Ciry Secretary
- Corpus Christi,
•
PUBLISHER'S AFFIDAVIT
v.271950
CITY OF C.C.
STATE OF TEXAS, L .
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came_
-
BILLIE J. HENDEROSN _ who being first duly sworn. according to law, says that he is the
A0.G,OTTNTTNG.. OT.F,RK .— 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 OF FIRST READING...._.. ----
published in _.�,OB,PU,S CHPTSTT GAT,T.FR-TT MF:S
of which the annexed is a true copy, was p
the..
..14t, 4tof
l ay SEPTEMBER _ 19 81 and once each aa} thereafter for_-.__.. one
on.....__...__._-._�..._.._ .
consecutive...___ say
....._...Q nE..-..........Times
$ 46.74
..
Subscribed and sworn to before me this. 1�th day of SEPTEMBER 19. 81
BILLIE J. HENDERSON el
FIR'
A•UTHORI IN
CITY MANAGER TO I
CUTE AN AGREEM
TO CGNTRA4r AN
LEAS WITH
PUS CH 8181 • AN
ASSOCIATION PROV It
FOR THE CONSTUC'
BY SAID ASSOCIATIOI
AN AQUARY'JM AND
LIFE PAR1 VEYANCE r1 THE ITS C
AND THE LEASE OF
j ACRE SITE CONTAII
SAID AQUARIUM F/
j ITY ON THE PEW
f STREET T -HEAD FC
1 TWENTY-YEAR T
5 AB O TO T
WITHOUT THOUTT
AFTERHAYEA 7
THE LEASETE
SAID E TOOC 1
PAN A COMP AQUAR
PATRONS A
' ENSIVE EDUAT
PROGRAM [(MLA NI
THE A ARIUM HI
ALL AS MORE FULLY
FORTH IN THE AGI
MEET TO CONTEAC
SUBSTANTIAL COPN
WHICH IS ATTA,CI
HERETO AS EXHIBIT
AND IN THE AQUAR
'LEASE GENERALLY 1
TAMING PROVISI
AND IN A FORM Al
FORTH IN HX
ATTACHEDtHERETO.ssed and pp
Was -r
City of Coes Chhristi on
reading an Septembe
T981. The full text -at sal
LOIS WINNA/ r y,,,.4:__ dinance k available tc
.-�ilt�fice of
Notary Public rum County, Texas citypubSeerc iryetathena
WIt my byd�r; this
day of ptems-B I G..
a-BIII G. 1
CitySeen
-
trophe. Standby power to op -
strafe the lift station Is not
available, nor is It planned '
by the CI Maintenance of
the sanity sewer system
from the 11 station to the
lease sitestaNfiethe respon•
s(bility of the Association.
MY. NO*
DISCRIMINATION:
The Association shall be
responsible for the fair and
lust treatment of all of its
employees. The Association
warrants that It Is and will
continue to be an equal op-
portunity employer and
hereby covenants that no
employee or customer shall
be discriminated against be-
cause of race, creed, color,
handles!), or national origin.
XCItyyVpeAr00b shell :have
the r1g1 to enter upon the
damibed premises, Including
buildings thereon, at all
times, for purposes of any In-
spection, repair, fire or po-
lice action, and the enforce•
mem of this lease.
XVI. INDEPENDENT
CONTRACTOR:
It Is further understood
and agreed that the Assad.
ation Is end shall bean Inde-
peDdent contractor here.
under: The Association shall
employ sufficient employees
necessary for the operation
of said business, Which em-
efoosolely
f the Asotin
XVII. TERMINATION:
• Exopt as otherwise pro -
ed
mm nate Karate,.
a may
the Association falls to -com-
ply with the provisions and
covenants contained herein,
end fails or refuses to com-
ply within a reasonabla-'time
after receiving written no-
tice of the violation and rec-
ommended cure. In the event
of any termination, the Asso-
ciation shall Immediately
comply with a written order
from the City Manager to va-
cate the premises.
XVIII. NOTICES:
Aqy notices provided for
end, intr wr %aa' be•¢7,
delWering or ?tail ng the�no
tics to P. 0. Box 4577 r s
Christi, Texas 78008,
the Association by del wring
or mailing the notice to C;Fr-
pus Christi Aquarium Asso-
ciation, P.O. Box 1676, Cor-
pus Christi, Taxes 78403, or
any other address es the par-
ties gray from time to time
designate to Writing.
XIX MODIFICATIONS:
NO changes or modlfIca•
tion to the lease shall be
made, nor. Any provision
waived, yunless in writing
) signedhor-
00010 sign agreements on
behalf of each party.
XX. INDEMNITY:
The Association shall in-
demnity and hold the Clty
harmless from and against
all claims, demands, causes
of action, costs, attorneys
fees, liabilities of any nature
whatsoever 'erls4pg out of
this agreement, the Associ-
ation's use, operation, or oc-
cupancy of the aquarium fa-
cility andimmediate vicinity
(Including -Conditions arising
therefrom), Whether such
use, Operation or Occupancy
is authorized or not, or from,
any -act or amiss
to Ct" : •� �• 7
the Association, or Its
titers, agents, or employees.
City does not and will not In
anyy way be responsible or
liable for any of the be In -
obligations which may be in-
curred or created by the s-
soclatlon, or Its officers,
agents or employees.
XXI. SIGNS
AND LIGHTING:
No exterior signs or light-
ing or changes thereto shall
be vi-
ccinitytalled 01 the uaquarium fn or In acil-
ity without the prior written
approval of the City Man-
ager. Such aquarium facility
shell be permitted one (1
Identification sign whicfp
shall meet the following conal
dltlons:
(1) Sign, if Illuminated
shall be either internally Il-
luminated and backlighted.
(2) Sign shall not exceed
sixty (60) square feet In
area.
(3) Sign must be attached
flat agha(nht a building or
tank wicph It relates to and
eighteen (18) inches f om l nect more lisle
wall and shall not extend
above the height of the build -
Ing or tank.
The park area of the aqua
rlum facility shill have suet
additional small
signs shall approved
writing by the Clty Manager.
EXECUTED In duplicate
originals this the -- day of
19--, by the author.
Iced representatives of the
parties.
ATTEST:
Secretary
CORPUS CHRISTI
AQUARIUM ASSOCIATION
ATTEST:
City Secretary
CITY OF CORPUS
CHRISTI, TEXAS
By---_
R. Marvin Townsend,
City Manager.
/as passed and approved
by the City Council of the
CI}y of Cortes Christi, T
on september 53, 1981, pt vi -
us Iapproved on fend
second
See
sec904 readings en septem-
bar 9 and 16, 1991, respetlive-
Witness mythis
day. of September,d1991. 54111
.s-BIll G. Read
keterY,,
hristt
+e mliretlon of any park-
ing spaces on the north end
of the Peoples -Street T -Head
caused by construction of the
AgEuarium Facility. licateECTED Inpp
each of which shellllube con-
sidered an original.
ATTEST: .
Secretary
AQUARIUM ASSOCIATION
ATTEST: By
City Secretary
CITY OF
CORPUS CHRISTI,
TEXAS
R. Marvin Town
PPROVED; City Manager
-- DAY OF ---, 1981
BRUCE AYCOCK,
ITY ATTORNEY
Hr—_-- y
E STAT'((��E OF TAEXAS
DBEFORE ME NUECES
under-
gned authority, on this day
ersonallyy appeared R.
ARVIN TOWNSEND, City
onager of the -City of Cor-
ia Christi, Texas, a modal.
It corporation, known to me
be -the
eIOcrbehose nam0 bsld to
ie foregoingInstrument,
td acknowieged to me that
+executed the sante as the
:t and deed -of said City of
orpus Christi fee the pur-
Saes and consideration
ieepaICVE
rrein}yyexpprressed and in the
tGNe UNDER. MY
AND AND SEAL OF 09.
ICE,
thls the ---day m
--:1981.
Notary
Public
HE STATE OF TEXAS
OUNTY OF NUECES
BEFORE 'ME, the under.
gned authority, on MN day
srsonally appeared, ---
resident of the Corpus
hrlsti Aquarium Asaocl-
11on, a Texas corporation,
nown nd ooffcerewhose nabe the me Is
Ascribed to the foregoing
tstrument, and acknow -
se egad dmemse that
ace exe0deeed
i said Corpus Christi Aqua-
lum Association for the our-
oses and consideration
herein ex eased and In the
.apacity therein stated.
GIVEN UNDER MY
HAND AND SEAL OF OF-
FICE, this the -- day of
---, 1981. Ny
AQUARIUM LEASE�IC
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement is made
and entered 1910 this the
-- day of ---, 19--,
Corpuss Chr sH, d Texas City
mu-
nicipal
corporation, here-
inafter celled City", and
the Corpus Christ) Aquarium
Association, a nonprofit
Texas corporation, here-
inafter called "Association".
The City, in consideration
m the Association's faithful
performance of the cov-
enants described herein,
leases to the -Assoc t o
rialtr
pE
V -17I, i'ttejCi..-, ffA4F': eby
E [^• the
A 3.0 n eeoWre
A located
3.0 -acre site, more pr
less, locnted op the north and
east central portionthe
Peoples Street T -Ho, Cor-
pus Christi, Neceo County,
Te
s, as snrhedrrew-
mg attached heretoo ted
Ex-
hibit ere "b" and fe Incorporated
herein E reMITTED
11. PERMITTED USE:
The demised premises
aqulla bu used easOlelyelf as an
aquarium and see afs park,
referred to hereafter a-
ided, tom facility"; t pas•
sided, however, that operate
od,
sedation msr foon-
drink, and conjunction
souvenir with, cessionsInarn( to Me with-
buon of the
q to me liber-
ation of the aquarium.
III. TERMS:
be fora shall129)
period 0 ng with
(20)
opensncommel qu tum the
opening no tf the aquarium fa -
dilly twentyto tye p01 yc rod ere -
alt 00tI (20) years rY there-
after 0 the ate; 9, are of
the evening dates provided,
however, that either party
may terminate this lease at
any time after five (5) years
said term has elapsed af-
ter giving the ether party one
year's written ,mice In ad-
,
vetice of such Mfan.
IO. AQUARIUM
OPERATION:
— The operation 11 the rrl e -
outfacility sill liaise carried
out by the Asaaietfon In a
times. Thee facility shall be
open to the public; provided,
however, that the Associ-
ation may charge an admis-
sion fee to said aquarium fa-
cility on a nondiscriminatory
basis. The Association may
adopt admission fee rate
structures of the type nor-
mally adopted by public
aquariums and zoos. Admis-
sion fees and concession rev-
enues shall be used to offset
expenses of operating said
facility, Including payments
principal
debts)
nterest for
Assincurred In
connection with the con-
- struction or operation -of the
aquarium facility. The facil-
ity 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 col-
lected and shall deliver to
the City's Director of 91-
--mince a statement for each
month stating the total
amount of money received
each day and certified to be
corrected by an officer of the
As/iodation. These state-
ments shell be We form pre-
scribed by the Cityts Aires,
tor of Finance and shall tie
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 pro -
e, as part m its aquarium
ration, a compreh
e ucationa) progra ;C�r
la ng to theequarium
for the benefit of aq
trans. The Assoc(.
s II also provide a at r;
cation program,
shall Include, but n61 be.
R to, organized gu [•t -e.
oat tours, docent I=
t, sehodls prior to se
f rs, and on-site classroom
fi�l'`�''orrtFlh(ag,'--equTP
Alihti
st art itnemal n a nae D famctlory
state of repair;
fromtRemoving
e pre premises land Ma-
rine and restoring the facil-
ity to a satisfactory state of
repair following damage by
storm, fire, vandalism m
other destructive force;
(d) Ensuring that no pollu-
tant, effluent, liquid or solid
waste material, fresh or salt
water discharge (except salt
water discharges approved
by the City and authorized by
all applicable and required
state and federal govern-
crnnt attW r .lre,ab`
nq ariv ga a rr{su irem Tim
tower Wm he water
towed toCi y Mar n the water
of the i City Marina ml a for
vicinity of the premises or
parking areas utilized by the
aquyYarium18 patrons or em -
of thesAssociatiOnn toduty
regu-
larly lice the vicinity efhe
premises, Including the adja-
cent parking areas for such
materials In order to main-
tain the cleanliness and at-
tractiveness of the City Ma-
rina and Peoples Street T -
Head;
(e) Paying all operating,
maintenance, and repair ex-
penseelum onnection with the
aquar(f) Paying all cosh for In-
stallation and use of all utili-
ties, Including, but not limit-
ed to, water, sewer,
sanitation, electricity, natu-
ral gas, and telephone,
(a) Complying with all fed-
eral, state, and local laws,
ordinances, rules and regu-
lations, as amended, or as
may be amended, Including,
buShot )Fretted Chapter 12
m the City' of Corpus Christi
Code of Ordinances and the
Marino Rules end Rego'
ietiona;
(h) Securing at the Asaocl-
on's own expense, at or
before the execution and sub -
1001 to en provisions of 1168
agreement, all n the Inaer-
nocerequlredundershall bE
8900. Such pololes shall be"
delivered to and held by the
City Secretary. The City
shall bean addition' named
Insured by the terms of each
policy. Each Insurance 901
Icy shall contain a pro8(0)00
that it -be-cancelled
unless thirty
1301 days' no-
tice of cancellation shall }trot
hays been served upon the
Cly Secretsry. The Assotl-
atlan 880(1 secure and main-
tain during the life of this
agreement the following in-
surance:
(1) aWorkers' Com-
peinsalIeO Insurance e
aging ll employees 01
Association engaged In any
work at the lease site;
(2) Popsies providing fire,
vandalism, and malicious
mischief coverage on the
aquar(utft facility and equip-
ment In an amount 5UffIcten
to replace such facility and
equipment,
(31 Public liability Insur-
ance in the amount of Five
Hundred Thousand Dollars
(5580,000.00) for bodily In-
jury or death to any Person,
One Mil -lion Cfoliers
($1,080,900.00) for bodily In-
jury or death for any one oc-
currence, and One Hundred
Thousand Dollars
ilOg,00q FA�r
ti ns or elteretlons shall be
made to fhe_aquarlum fecil-
8(85 w}ihout the prior writ-
ten approval of the City, ex-
cept for Interibr remodeling
of the aquarium building
from time to time. All im-
provements, additions, or al --
City
made by the Asso-
ciation will comply with all
City codes ane shall become
the property of the City.
IX. ASSIGNMENT
OR SUBLEASE;
The Association norY not
assign this lease nor sub-
lease the premises nor any
part thereof without the pri-
or written consent of the
X. rttty.-
REPAHURRICANE
PREPAREDNESS
the area
rn the event the is
threatenedbyehurricaneo1
some the Assoc4pti oy ssteellll
tion, the Assoctallon shall
comply with all orders of the
City Manager or his author-
ized representative.
X I. SANITATION.
Garbage and trash shall be
stored
ises or on0900 the lethe ased9000pre1ms-
Street T -Head ata location
designated by the Director of
Parks and Recreation. All
garbage or trash stored In
areas designated upon the T -
Head shall be stored either In
normal containers or dump-
ster type containers. Such
coscreened orntainers shall be stored in-
yside a small building,
landacatted ares ell of the
Assectailon's 00980800809 -
proved by the Clty Manager.
The garbagge contteiner area
shell be landscaped and
urian. G ed by the
titian. Garbage pickup supe
be required no less than five
(5) days per week.
the
XII.stem PARK
004heedING:
peParking for aquarium em-
ployees and patrons will be
on
on the Peoples Streett T-
T -
Head; provided; however,
that such arses shalll notnm be
for the exclusive use of the
Association, Its employees
and customers.
XIII. SANITARY
SEWER
Operation of sanitary sew-
er facilities shall be In ac-
cordance with the Industrial
Waste Ordinance No. 12996,
as amended. Maximum san)-
tary flows from th8
misedsower premises to rhe 9110 -ft
station 0110)1 not exceed 2,000
gallons per day or such •+ =r
amount as authorized • ,"(1•c
City Manager. In the - en
the City has reason to believe
that such flows exceed said
maximum amount, the Asso-
ciation shall be required t0
install, at Its own expense, a
flow meter on the line from
the lease site to the lift sta-
tion. Such flow meter is to be
Installed within thirty (30)
days after written notice of
such Installation require-
ment Is sent by the City.
)should the results of the flow
meter Indicate that the daily
maximum amount is exceed-
ed, then the Association shall
either alter the operations of
the facility to keep the flow
within the daily maximum
amount, or shall, atthe Asso-
dation's expense and after
City approval, cause the ex-
isting 1191 atatAnt
an to b0 modl- 1
fled for the pornese ef In-
ca
creasing the oft tetlen
The City warrants that
sewer service Is available to
the lease 111041 the existing
sanitary sewer Ziff [Ration on
the Peoples Street T -Head.
The Association shall, at Its
own expense,extend either a
gravity line or a minimum
four -Inch fore main from
the lease site t07ha existing
lift station. The 'Association
shah submit Itsatearr
nearingtaned iysI I Deef vel-
opment of the City for ap-
proval prior to any
construction.
IX. WATER
ThREQUIREMENTS:
City war ants that wa-
ter service will be available
to the lease Ote at an -eight -
inch main IrOstalled by the
City on the, Peoples Street
stem leadiny'to the Peoples
Street T-Heatl The Associ-
ation shall,. t Its own ex-
aineght-Inch
watermfont the PPeoples
Street stem id a location nec-
theaquarium
tension pfanufortheex-
tenslon shall be submitted to
the Director;of Engineering
- ment
TEEe
The AssoCiatth
Its own expense, be reS
sible for making all arrange-
ments for-aaddequat electri-
cal power and telephone
service 10 the aquarium fa.
citify. All utility shell
be placed.
N�grrnnd.
GAS REQU IRUERMENTS:
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 exist-
ing 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 en-
joyment end 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 Con-
tract have been fulfilled, the
parties shall enter Into a
lease, with the City as Lessor
and the Association as Les-
see, generally contained pro-
visions end in a form as set
forth In Exhibit "A" at-
tached hereto.
XIV, NOBARRIERS
TO HANDICAPPED:
Improvements and facil-
ities shall be so, constructed
as to ber0adily accessible to
the handicapped end to be pn
compliance with all appll-
i cable state and federal laws.
XV. TERMINATION:
The Association may ter-
minate this contract at any
time within the forty-two
(421 month period from the
date hereof (unless construc-
tion of the Aquarium has al-
ready commenced) In the
event the Association deter-
mines, after a good faith el -
fort, that the constrkVics
and operation of the aqua-
rium facility contemplated
by this Agreement shall not
be feasible. Written notice to
the City of the exercise of
this provision must be deliv-
ered or mailed to the City
Manager at P. 0. Box 9277,
Corpus Christi, Texas 7t408.
The City may terminate
this Agreement In the event
the Association falls to sub-
mit to the City within one
yeer acceptable schm the ematic design
study of the aquarium facil-
ity consisting -of drawings
and other documents Illus-
trating the scale and re-
lationship of the aquarium
facility components and the
building design concept. In
addition, the City may termi-
nate this Agreement In the
event the Association falls
within forty-two (42) months
from the date hereof (e) to
submit to the City satisfac-
tory construction plans and
specifications for the aqua.
rium facility and (b) to ini-
tiate construction of the
aquarium described In such
plans and specifications.
Written notice to the Associ-
ation of the exertiee of this
provision must be delivered
or mailed to the Corpus
rwri.a An.,.ro..e AaenN-
�;:-^.:............,_:--: TION
OF OF EXISTING
CONCESSION STAND
Neither the Association
nor Its contractors shall sub-
stantially Interfere with the
existing Peoples T -Head con-
cession stand, public rest•
room physlaal facilities or
support facilities for the
Barge Restaurant unless and
until alternate facilities have
been made available to the
public
V
XIi PARKING
MODI FICATION:Lt
Modifications to provide
ddltlonal parkin • spaces on
'NOTICE OF PA55'AGe--
, OF ORDINANCE
NO. 16594
V' AUTHORIZING THE
rWTY MANAGER TO EXE-
- AGREEMENT
- CONTRACT AND A
LEASE WITH THE COR-
PUS CHRISTI AQUARIUM
ASSOCIATION PROVIDING
FOR THE CONSTRUCTION
By ID ASSOCIATION OF
ICN AQUARIUM AND SEA
LIFE PARK, ITS -!,
-S-TRE T -' O FP
TWENTY -YEA
SUBJECT TO TER
NATION WITHOUT CAUS
\FTER FIVE YEARS OF
rHE LEASE TERM AND
SAID ASSOCIATION IS TO
ROVIDE TO AQUARIUM
iATRONIENSIVESEDUCATIONAL
ROGRAM RELATING TO
HE AQUARIUM THEME
.LL AS MORE FULLY SET
ORTH IN THE AGREE -
RENT TO CONTRACT, A
UBSTANTIAL COPY OF
9HICH IS ATTACHED
IERETO AS EXHIBIT "A"
.ND IN THE AQUARIUM
EASE GENERALLY CON-
AININGNS
IND IN A FORM ASi SET
iORTH IN EXHIBIT "B",
a BE ITE ORDAINED BY
:HE CITY COUNCIL OF
HE CITY OF CORPUS
:HRISTI, TEXAS:
SECTION 1. That the City
Manager be authorized to ex-
ecute an Agreement to Con-
tract and a Lease with the
Corpus Christi Aquarium As-
sociation, providing for the
construction by said Associ-
ation of an aquarium and sea
Ole park, Its conveyance to
the City, and the lease of 8
3.0 -acre site containing said
aquarium facility on the Peo•
p anStreet T -Head for a
t
y -year term, subject to
termination without cause
atter five years of the lease
erm and said Association Is
o provide to Aquarium pa-
rons a comprehensive
•ducatlonel program re-
ef Ing to the aquarium
home, all as more fully set
orth in the Agreement to
ontract, a substantial copy
5f which is attached hereto
as Exhibit "A" and in the
aquarium Lease generally
nontalning provisions and In
a form as set forth In Exhibit
"B", attached hereto.
AGREEMENT TO
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
TMs agreement is made
and entered into this the --
day of ---, 1981, by and
between the City of Corpus
Christi, Texas, a municipal
corporation, hereinafter
called "City", and the Cor-
pus Christi Aquarium Asso-
ciation, a nonprofit Texas
corporation, hereinafter
tailed "Association".
In consideration of the mu-
tual covenants and agree-
ments herein contained and
subject to the terms and con-
a�itions herein, it Is mutually
eon-
; as follows:
I. ESTABLISHMENT OP
AQUARIUM FACILITY:j-
The Association shall
erect, construct and make
all preparations for equip-
ping stocking, and fully es-
tablishing an aquarium and
sea life park, hereafter
called an `aquarium facil-
ity", which is to be open to
the public and located as fol-
lows, to -wit:
A 3.0 acre site, more or
less, located on the north and
east central portion of the
Peoples Street T -Head, Cor-
p) ppChristi, Nueces County,
ihtYTt'"dk' ,:t
S!1tRETSP WS081L91YFU
OR F'l.ANS� X44
SP
AND CONSTRUCTION:
The Association shall 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
aquarium facility site, In-
cluding, but not limited to,
landscaping,• driveways,
sidewalks, perking lots and
curbs, etc.
Ill. APPROVAL
OF PLANS:
All pians and specifica-
tions for the aquarium facil-
ity site, Including, but not
limited to buildings,tanks
ther site Iprove-
t
t, r,
comms rk-a—sh
site. Ptl ,�- ftwatelp-66W
takes and lathe approved' like must be approvedger
priorwritiby the City
Manager
prior to commencing their
construction ands Installa-
tion. Upon approval, -the City
will grant appropriate non•
exclusive easements for
W
such Intakes endMITS discharges.
. PERANpp
COMTHE
LAW:PL$WITH
This Protect and the estab-
lishment of an aquarium fe-
cititffyy must fully comply with
laws, federal, state,
and a al
regulations. Alt licensesshallobtalnted by thenAss�lti
at its own expense. The Asso-
n
clation shall designate -In
sonwhotwi I e ththe e archlteacf
or engineer -responsible for
the preparation of allplane
and specifications and we
willervlse and be respon-
sible for erecting or con-
formIna theA bhe In con-
plene and specifications
through itsc9 Pletion.tiona
IMPROVEMENTEAND
SITE WORK:
Acceptance of the
and Initial site
work from the contractor
0_,E;
ecompleted may Oniy e
accompliohed tointly by the
Association and Otto City.
VI. RESPONSIBILITY
FOR FEES AND COSTS:
The costs of construction,
Inclutling initial site work,
saltwater intakes and dis-
deecharges, pilings required
bydthe
City, and all construction
staking, Inspection, testi
laboratory services, ar
caeca' and r fees ars' f s,
includingt all ccAostsaof equip
ping and stocking the aqua-
rium facility, shall be borne
entirely by the Association.
gcosts Association shall
pay re-
drams, andlr iftptetionse Tbtn
Association rail pay all
costs of constructing or re-
constructing curbs and park-
ing lots Included within ap-
proved plans and
not assume°6hw Ill n
ot In
any way ba responsible for
any of the financial oblige•
the Association in or created
tection
Ppwith to Construction, oqulW
Iisntunent stocking,
aquarium
facility.
VII. INDEMNITY:
ny Association innifand hold hamles
the CIty from any and all
charges, claims or Ilabiitty
of any nature whatsoever
arising Gutpf this Agreement
o
Slo,Cgt tructlen, : • u'
a ..
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