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Home My WebLink About021422 ORD - 07/07/1992AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH SHIPS OF DISCOVERY, INC. FOR SPACE AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. NOW, THEREFORE, 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 a one-year lease agreement with Ships of Discovery, Inc., for space at the Corpus Christi Museum of Science and History, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. A05000.179.skp 021422 MICROFILMEU LEASE AGREEMENT WITH SHIPS OF DISCOVERY, INC. THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi ("City") is the owner of real property known as the Corpus Christi Museum of Science and History, located at 1900 North Chaparral, Corpus Christi, Texas, together with all improvements thereon (collectively "Museum"); and WHEREAS, Ships of Discovery, Inc., a non-profit corporation interested in marine archeology ("Lessee") would like to lease space at the Museum in exchange for conservation of Museum's marine artifacts, particularly the 1554 Spanish shipwreck collection. NOW, THEREFORE, the City and Lessee agree as follows: 1. Term. The term of this Lease shall be for one (1) year commencing upon date of execution of the Lease by the City Manager after City Council approval. 2. Leased Space. Space for Lessee at the Museum will be provided as follows: a. Archeology office (15' X 22') - space for two persons; b. Archeology Laboratory (34' X 22') - space for multiple work stations; c. Audio -video Control Room - to be shared with Museum staff, who use it sparingly; d. Studio (31' X 22') - of which approximately half will be available to Lessee for work space and storage, with the balance being reserved for Museum staff; e. Cargo Dock 2 Facility - available for Lessee's use so long as the Port Authority of Corpus Christi allows City use; and f. Jordan Building - available for storage so long as it remains under Museum control. There is no power available to the building. The Museum Director reserves the right to reallocate space within the Museum as he deems necessary to provide for the mutual needs and benefit of Museum staff and Lessee. 3. Joint Use of Museum Facilities. Lessee may use Museum's copy machine, phone system, facsimile machine, computers, library, exhibit preparation area and maintenance shop, together with all tools and equipment in the latter three (3) areas. Lessee will be billed for all copies, and long distance phone calls and facsimiles at the rate which Museum is charged. Payment will be due thirty (30) days after receipt of invoice from Museum. AG5049.001.kp 4. Operational Costs. Lessee will provide all its own operational costs, including without limitation, salaries, benefits, etc. 5. Museum Security and Operation Guidelines. Lessee agrees to comply with all Museum security and operational guidelines as set out by the Museum Director. 6. Indemnity. Lessee shall fully indemnify, save and hold harmless the City, its officers, employees, and agents 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, premises defects, 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, or are claimed to arise out of or be in any way connected with, the performance by Lessee of its obligations under this Lease or Lessee's use, operation or occupancy of the Museum. Lessee 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 costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 7. Compliance with Laws. Lessee agrees that in the operation of the Museum it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Museum, and all ordinance or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with the Museum during the term of this Lease, at Lessee's sole expense and cost. 8. Landlord/Tenant. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Lease shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. 9. No Debts. Lessee will incur no debts or obligations on the credit of the City of Corpus Christi. 10. Consideration. Lessee will provide services in lieu of cash as consideration for the Leased space. Museum will provide the necessary materials and Lessee will furnish the expertise to conserve Museum's marine artifacts. Lessee will immediately begin a conservation program on all marine artifacts in the Museum collection, particularly the artifacts from the 1554 Spanish shipwreck. Throughout AG5049.001.kp the term of this Lease, Lessee will provide expertise and services including conservation of and care for the Museum's marine artifacts. 11. Termination. This Lease may be terminated by either party upon giving 90 days notice during the first 90 days of contract and 60 days notice thereafter to the other party. 12. Notices. If to City: Corpus Christi Museum 1900 North Chaparral Corpus Christi, Texas 78401 Attention: Museum Director A 1"1 EST: Armando Chapa, City Secretary If to Lessee: Ships of Discovery, Inc. P.O. Box 542865 Dallas, TX 75354-2865 Attention: President CITY OF CORPUS CHRISTI Juan Garza, City Manager APPROVED AS TO FORM THIS J(p DAY OF JAMES R. BRAY JR., CITY ATTORNEY s Y ,4- Assistant City Attorney AG5049.001.kp LESSEE: , 1992 Ships •' Di:.•V , Inc. By: '1 on eith, President By: Joe J. Simmons III, Vice -President in the absence of Don Keith That the foregoin r rdinance was read for the first time and passed to its second reading 'tis the 2 day of , 19��: , by the following vote: v Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria UXA That the foregoing ordinance was read for t this the %C day ofC PJ , Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik second time and passed to its third reading on , by the following vote: Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That theeoregging ordinance w read for the third time and passed finally on this the 11 day of cf.-)/ , 19'- --2, by the following vote: Mary Rhodes .f,ty i Edward A. Martin 117i} Cezar Galindo ' Joe McComb al> Leo Guerrero 1 ILI Betty Jean Longoria L,Iirc Clif Moss Dr. David McNichols PASSED AND APPROVED, this the ATT EST: City Secretary APPROVED: 18 DAY OF JAMES R. BRAY, JR., CITY ATTORNEY By '4 &mak n .t(4 L o aY Assistant City Attorney Mary Pat Slavik day of (11-15 , 19(7 MAY R THE CITY .OF CORPUS CHRISTI , 1921.: 044 021422