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HomeMy WebLinkAbout021089 RES - 03/05/1991A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT IN THE AMOUNT OF $25,000 FROM THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC.; AUTHORIZING THE EXECUTION OF AN AMENDMENT TO GIFT AGREEMENT; AND APPROPRIATING $25,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1. That the City Manager is hereby authorized to accept a grant from the Corpus Christi Public Library Foundation, Inc., ("Foundation") for the purpose of expanding Parkdale Branch Library. SECTION 2. That the City Manager is hereby authorized to execute the Amendment to Gift Agreement with the Foundation, all as more fully set forth in the the agreement, a substantial copy which is attached hereto and made a part hereof, marked Exhibit A. SECTION 3. There is hereby appropriated $25,000 for the purpose of expanding Parkdale Branch Library. A I I EST: d4" -- City Secretary I4AYOR APPROVED: in` DAY OF MareA , 19 9/ THE CITY OF CORPUS CHRISTI JAMES R. BRAY, INTERIM CITY ATTORNEY B Assistant City Attorney 021089 MICROFILMED THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS LEGAL DEPARTMENT KNOW ALL BY THESE PRESENTS: AMENDMENT TO GIFT AGREEMENT This Amendment is by and between the City of Corpus Christi, a home rule city and body politic under the laws of the State of Texas, (the "City") and The Corpus Christi Public Library Foundation, Inc., a nonprofit organization (the "Foundation") which exists solely to benefit the Corpus Christi Public Libraries. WHEREAS, the City and Foundation entered into a Gift Agreement dated August 21, 1990, for the purpose of constructing and renovating Parkdale Branch Library. WHEREAS, the Foundation desires to increase its contributions for the benefit of Parkdale Branch Library. For and in consideration of the covenants, undertakings and considerations herein stated, the parties mutually agree as follows: (1) This Amendment provides for the City to accept an additional gift from the Foundation in the amount of $25,000 to be spent solely and exclusively for construction and renovation of the Parkdale Branch Library upon the following terms and conditions: A. The City agrees to expend all Library Services and Construction Act, Title II funds allocated for the construction and renovation of the Parkdale Branch Library before any Foundation funds are expended. B. The City agrees to expend any city funds which may be designated for this project before any Foundation funds are expended. (2) submitted have been The Foundation agrees to reimburse the City for invoices after all other funds, enumerated above in (1) A and (1) B, expended under the following conditions: A. The City Architect contracted on each the Foundation for B. The Foundation will will certify work completed as invoice before it is submitted to payment. reimburse the City for work C'X11(b1+. certified as having been performed within 30 days of presentation of invoice. C. The aggregate obligation of the Foundation hereunder and the Gift Agreement shall not exceed the total sum of $125,000. (3) This Agreement is not assignable unless all parties to the assignment agree to such assignment in writing. (4) Gift funds shall be disbursed to the City on the basis of certified invoices submitted to the Foundation. Nothing contained in this Agreement shall be construed to create a relationship of employer-employee, but all funds dispersed hereunder shall be made pursuant to the terms of this Agreement. (5) This Agreement shall not be enlarged, modified, or altered except in writing, signed by all parties hereto. This contract shall be interpreted in accordance with the laws of the State of Texas. (6) In addition to contributing to the renovations, the Foundation shall contribute furnishings and equipment in such amounts as deemed appropriate by the Foundation. The City agrees to accept such items in "as is" condition with such warranties as may be provided by the vendor or manufacturer. Agreed to and accepted for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, this day of , 1991. THE CORPUS CHRISTI PUBLIC LIBRARY FODUNDATION, INCTT' Mary D. Bell, President r1 Georg E. Stepheryb, Treasurer ATTEST CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: ///4 DAY OF /screw, JAMES R. BRAY, INTERIM CITY ATTORNEY By_ ? , /4,fc Assi tant City Attorn y Corpus Christi, Texas day of IqCl"(' I The above resolution was passed by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin - Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 066 (LI 021089