HomeMy WebLinkAbout020579 ORD - 01/31/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE LEASE OF THE
FORMER NATIONAL MARITIME UNION PROPERTY AT 1742 MESQUITE
STREET BY THE BILINGUAL THEATER COMPANY; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement for the lease of the former National Maritime Union property at
1742 Mesquite Street by the Bilingual Theater Company, 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 upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the production
of "A Soldier's Play" is scheduled to begin on February 16, 1989, and sufficient
rehearsals and construction of sets must be accomplished prior to the
production, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings so that this ordinance is passed and shall take effect
on first reading as a. emergency measure this the 1 day of
y
QtLtIO 19 r t
ATTEST:
City Secretary MAYOR
APPROVED:12rOrDAY 0
HAL GEORGE, CITY ATTORNEY
By
City
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orney
208HG012.ord
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THE CITY OF CORPUS CHRISTI, TEXAS
20579
MICROFILMED
AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi, hereinafter referred to
as "City", has developed the Bayfront Arts and Science Park
including the Corpus Christi Museum, the Art Museum of South
Texas, the Harbor Playhouse, and the Bayfront Plaza; and
WHEREAS, City has acquired lots 7 and 8 of block 79, Beach
Portion of Corpus Christi, located at 1742 Mesquite Street,
formerly occupied by the National Maritime Unions of America, for
the purpose of expanding the park to provide future additional
parking for the facilities located therein; and
WHEREAS, said additional parking will not be constructed
until additional funding is made available in 1990 or a later
year; and
WHEREAS, Bilingual Theater Company, hereinafter referred to
as "Company", desires the temporary use of the property including
the single story, free standing structure constructed of block
masonry and stucco, containing approximately 2224 square feet of
space, for purposes of rehearsals, set construction and storage,
and other activities of Company;
NOW, THEREFORE, THIS AGREEMENT is made and entered into by
and between City and Company:
WITNESSETH:
1. City does hereby grant permission to Company to use lots
7 and 8 of block 79, Beach Portion of Corpus Christi, located at
1742 Mesquite Street, including the single story, free standing
structure constructed of block masonry and stucco, containing
approximately 2224 square feet of space, for purposes of
rehearsals, set construction and storage, and other appropriate
activities of Company.
2. Company understands that its permission to use the
property is on a temporary and non-exclusive basis. Company.
agrees that on request of City's Convention Center Manager,
Company shall vacate the premises within 7 2 hours to make the
property available for use by another group Cor such period of
time as may be designated by City's Convention Center Manager.
3. Company agrees . to pay all expenses of operating and
maintaining the property during its period or periods of use,
including all utility costs. and any costs of building permits or
certificates of occupancy. Company further agrees that Company
shall not Blake any modifications to the property unless Company
4
obtains approval in writing in advance from City's Convention
Center Manager of any proposed modifications.
4. As consideration for this Agreement, Company agrees to
provide four stage productions available to the public at
affordable ticket prices, each production running two weekends at
the Harbor Playhouse, emphasizing various cultures and languages
prevalent in the community and using techniques such as color
blind casting, and Company shall exert its best efforts to assure
that such public performances take place.
5. Company shall fully indemnify, save and hold harmless
City, City's officers, employees, and agents (hereinafter "the
Indemnitees") against any and all liability, damage, loss,
claims, demands and actions of any nature whatsoever on account
of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims) , or property
loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, the performance of this Agreement,
regardless of whether such injury, loss or damage shall be caused
by, or be claimed to be caused by, in whole or in part, the
negligence or other fault of the Indemnitees or any of them.
Company shall at its own expense investigate all such claims and
demands, attend to their settlement or other disposition, defend
all actions based thereon and pay all charges of attorneys and
all other costis and epenses of any kind arising from any such
liability, damage, loss, claims, demands, and actions.
6. Company agrees to abide by all applicable ordinances and
directives of City and laws of the State of Texas and the United
States of America in its use of the property.
The term of
� • ethis thi.� Agreelnent shall be one year, commencing
February 1, 1989, and ending January 31, 1990. Company may
cancel this Agreement at any time by giving written notice Lo
City's Convention Center Manager. City may cancel this Agreement
at any time if Company defaults on any of the provisions of this
Agreement, or after giving thirty days advance written notice if
the property is needed by City for construction of additional
parking or for some other public purpose.
EXECUTED, THIS THE DAY OF JANUARY, 1989:
CITY OF CORPUS CHRISTI, TEXAS
Attest:
Of
Approved January 18, 1989:
BILINGUAL THEATER COMPANY
by:
Juan Garza
ity Manager
al George, City_Attornev)
by• ��r '' •� Irk. � �'= <..� �tr�..r �-- �1./
Joseph Ro,enberg f
President ��_
Corpus Christi, Texas
day of
1983
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 ar meeti n s; I/we, therefore, request that you suspend said Charter rule
g g
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
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Cl i f Moss
Bill Pruet
Mary Rhodes
Frank Schwi ng , Jr.
Mary Pat Sl avi k
Linda Strong
99.045.01
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20579