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Home My WebLink About19764 ORD - 05/29/1987TEXAS: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS STATE AQUARIUM ASSOCIATION FOR THE DESIGN OF THE AQUARIUM AND REIMBURSEMENT BY THE CITY OF THE COST OF DESIGN CONSULTANTS UP TO A MAXIMUM OF $500,000; AND APPROPRIATING $500,000 FROM THE ECONOMIC DEVELOPMENT TRUST FUND. BE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute an agreement with the Texas State Aquarium Association for the design of the aquarium and reimbursement by the City of the cost of design consultants up to a maximum of $500,000, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." .SECTION 2. That there is hereby appropriated $500,000 from the Economic Development Trust Fund. ATTEST: City Secretary MAYOR THE CIT -4 OF CORPUS CHRISTI, TEXAS 05P.057.01 4uLr«ic/ 19764 MICROFILMED THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT Whereas, the Texas State corporation (the "Association") plans (the "Aquarium") in Corpus Christi, operated on a nonprofit basis for the Corpus Christi and visitors to Corpus Aquarium Association, a Texas nonprofit to construct and operate a public aquarium Texas, with such Aquarium facility to be education and enjoyment of the citizens of Christi; and, WHEREAS, the Association has purchased, utilizing its own funds, for a purchase price in excess of two million eight hundred thousand dollars ($2,800,000), a site location on the south end of Corpus Christi Beach, for the purpose of causing to be built thereon a public Aquarium building; and, WHEREAS, the State Legislature of the State of Texas has designated such Aquarium facility to be operated by the Association as the official Aquarium of the State of Texas; and, WHEREAS, the citizens of Corpus Christi approved the sale of general obligation bonds by the City of Corpus Christi in the amount of four million dollars ($4,000,000) for the purpose of providing public parking, streets, drainage and bulkheading in the vicinity of the public Aquarium; and, WHEREAS, it is recognized that the construction and opening date of such public Aquarium could be undertaken substantially earlier if the City of Corpus Christi promptly paid for Schematic Design and follow-up Design Development and Construction drawings and plans for such public Aquarium and its exhibits; and, WHEREAS, the parties hereto have determined that to rapidly proceed with the project will be of substantial benefit to the citizens and will contribute to alleviating the current high unemployment currently existing in the City of Corpus Christi by creating jobs in the local economy; and, WHEREAS, this project will have substantial impact on the local economy by stimulating the growth of tourism, an industry that is vital to the economic well being of the City; and, WHEREAS, the beneficial effects of this project implemented by the expeditious completion of architectural design and an accelerated construction schedule; and, WHEREAS, the parties have agreed to expedite this earliest completion for the benefit of the citizens of the Christi and in the interest of economy and efficiency; and, WHEREAS, the City agrees to contribute to the success to the benefit of the citizens of the city thereby stimulating growth and job creation; 04P.086.01 will be best and engineering project to the City of Corpus of the project sound economic NOW, THEREFORE, for and in consideration of the mutual agreements and promises herein contained, the parties hereto do mutually agree and covenant as follows: I. Whenever used in this contract, the following terms shall have the meanings ascribed to them as set forth in this paragraph, to -wit: A. Association shall mean the Texas State Aquarium Association, a Texas nonprofit corporation. B. City shall mean the City of Corpus Christi, a'municipal corporation. C. City Manager shall mean the City Manager of the City of Corpus Christi. D. Aquarium shall mean the Texas State Aquarium facility. II. Association agrees to retain the services of the architectural firm Phelps, Garza, and Bomberger (and engineers and consultants employed by such firm), to prepare schematic design plans and design development documents and construction plans and specifications for the Texas State Aquarium facilities generally as shown on Exhibit A attached hereto and made a part hereof (such firm and its engineers and consultants are referred to herein as the design consultants). Association shall promptly provide the City Manager copies of the contracts with the design consultants. City agrees to assume 50 percent of the expense for the efforts of the above-mentioned design consultants, up to a maximum amount of $500,000 for the purpose of the most rapid preparation of the schematic design plans and design developemnt documents and construction plans and specifications.. City agrees to deposit $100,000 into an account which the Association can draw upon to pay monthly invoices to the design consultants. Upon receipt of evidence of the purpose and validity of such payments and proof of payment by the Association, the City Manager will cause the City to reimburse the Association for 50 percent of the amount of such payments from said account until the City has paid a maximum of $500,000. After each such payment the account will be brought to the $100,000 level. Such evidence and proof shall include such information as the City shall request and include documentation of what work has been completed including at a minimum periodic progress reports each month. Association assumes responsibility for all of the expense for the efforts of the abovementioned design consultants in excess of the amount City has agreed herein to assume. Association assures City that Association will provide the necessary funds to complete the work of the design consultants. In order to provide such assurance, the Association has provided to the City a letter from a local bank, a copy of which is attached as Exhibit B, assuring its ability to complete the plans which the parties hereto acknowledge will exceed 04P.086.01 the $500,000 amount of City participation. Upon completion of the construction plans and specifications, or upon termination of the contracts with the design consultants prior to completion, if City has paid more than 50 percent of the expense for the efforts of the design consultants, then Association shall reimburse City in an amount to reduce City's share to 50 percent. Association agrees the schematic design plans and design development documents and construction plans and specifications shall be complete and ready as to the foundation no later than December 31, 1987, and as to the building no later than May 31, 1988. Association further agrees to provide the City Manager with one copy of the schematic design plans, design development documents, and construction plans and specifications. The parties hereto mutually agree that the method of proceeding with this project as specified in this contract is to facilitate the goal of starting construction as soon as possible with a completion by December 1989 so that citizens, visitors, and tourists can start enjoying this project during December 1989. ATTEST: EXECUTED THIS day of CITY OF CORPUS CHRISTI Armando Chapa, City Secretary e' Craig A. McDowell, City Manager APPROVED:Z14 DAY OF /Vfs.77 , 1987 HAL GEORGE, CITY ATTORNEY By C y Attar ed y ATTEST: 04P.086.01 TEXAS STATE AQUARIUM ASSOCIATION By: President AMERICAN BANK 'Iu1 """--11. - V CORPUS CHRISTI, TEXAS May 27, 1987 Mr. Quenton Dokken Executive Director Texas State Aquarium Association P. 0. Box 331307 Corpus Christi, Texas 78404 Dear Mr. Dokken: In order to facilitate the design efforts (e.g. architectural exhibit engineering) for the Texas State Aquarium Association, the Bank would favorably consider re -advancing up to $500,000.00 under the same terms and conditions now in effect. AJ:cm 100 AMERICAN BANK PLAZA Sind Al /Jones President CORPUS CHRISTI, TEXAS 78475 PHONE 512/889-8800 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) 6-87 I certify to the City Council that $ 500,000 , the anoint required for 'the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Economic npvplopmaDt Trust Puna Project No. Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. alv,s2,un, ,.zo_e04 -g7 FIN 2-55 Revised 7/31/69 , 19 D/ Corpus Christi, Texas Yir,(, day of �_exnA-iJl.¢.. , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR Q THE CITY OF CORPUS CHRISTI, TEXAS The above. ordinance was passed Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss(Alt Bill Pruet tA-74 Mary Rhodes Mary Pat Slavik Linda Strongp, by the following vote: 99.045.01 • 19764 • 1 1 t t r No(7)1 .C.4:+ ZINC BLVD. t • • .ffirmiama -- L;. • • • 1 k 1 SuRrsipe • 1 1. f. araa - - , • lam L' U IPE �EXIIS Ex -TENSION . AQtJ PTUM SOc7A orO:\T (r irAA'rt.t.,,r w