HomeMy WebLinkAbout021762 ORD - 09/28/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH
SHIPS OF DISCOVERY, INC. FOR SPACE AT THE CORPUS
CHRISTI MUSEUM OF SCIENCE AND HISTORY IN
CONSIDERATION OF ITS CONSERVING THE MUSEUM'S
MARINE ARTIFACTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION I. That the City Manager or his designee 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 in consideration of its conserving the museum's
marine artifacts, 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.
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021762
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. 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;
d. Cargo Dock 2 Facility - available for Lessee's use so long as the Port
Authority of Corpus Christi allows City use; and
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.
4. Operational Costs. Lessee will provide all its own operational costs, including
without limitation, salaries, benefits, etc.
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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
the term of this Lease, Lessee will provide expertise and services including conservation of
and care for the Museum's marine artifacts.
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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.
A 1'1'EST:
Notices.
If to City:
Corpus Christi Museum
1900 North Chaparral
Corpus Christi, Texas 78401
Attention: Museum Director
Armando Chapa, City Secretary
If to Lessee:
Ships of Discovery, Inc.
1900 North Chaparral
Corpus Christi, Texas 78401
Attention: President
CITY OF CORPUS CHRISTI
Juan Garza, City Manager
APPROVED AS TO FORM THIS DAY OF
JAMES R. BRAY JR., CITY ATTORNEY
By:
Alison Gallaway
Assistant City Attorney
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, 1993.
LESSEE:
SHIPS OF DISCOVERY, INC.
That the foregoing ordinance was read
tops second reading on this the 21
19 9 5 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
That the foregoing ordinance wa$
passR4 finally on this the
19 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
PA9swp AND APPROVED, this the
ATTEST:
City Secretary
for the first time and passed
day of S p }C ✓l --e r ,
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
auyb
read for the gecond time and
day of
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
Z.Yj day of bqkyAb r
APPROVED: c , DAY OF c _ 4 (kN hn4
JAMES R. BRAY, JR., CITY ATTORNEY
Assistant ity Attorne
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MAYOR L�--
CIT CORPUS CHRISTI
021762
, 1993