HomeMy WebLinkAbout025907 ORD - 08/24/2004ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR
LEASE AMENDMENT TO THE ART MUSEUM OF SOUTH TEXAS LEASE DATED
MARCH 19, 1996 WITH THE CORPUS CHRISTI ART FOUNDATION, NOW THE
SOUTH TEXAS INSTITUTE FOR THE ARTS, INC. ("LESSEE") FOR USE OF CITY
PROPERTY (ART MUSEUM OF SOUTH TEXAS BUILDING ) IN CONSIDERATION OF
LESSEE OPERATING THE MUSEUM FOR THE BENEFIT OF THE PUBLIC AND TO
FURTHER PUBLIC APPRECIATION OF ART; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a one-year Lease
amendment to the Art Museum of South Texas Lease Agreement dated March 19, 1996
with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc.
("Lessee') for the use of City property (Art Museum of South Texas Building) in
consideration of Lessee operating the museum for the benefit of the public and to further
public appreciation of art. A copy of the Lease including the exhibits that are attached to
and incorporated into the Lease Amendment is attached as Exhibit A and a copy is on file
with the City Secretary.
SECTION 2. The City Council intends that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is pass_ed and takes effect
upon first reading as an emergency measure this the~.'~day of ~,~t', 2004.
ATTEST /'~
City Secretary
Approved: August 26, 2004
Lisa Aguilar /" .)
Assistant City Attc~rhey
for City Attorney
THE CITY OF CORPUS CHRISTI
Mayor
Corpus Christi, Texas
oq'-~4k Dayof ~z~ ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I~ve, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
ART MUSEUM OF SOUTH TEXAS
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the Corpus Christi Art Foundation ("Foundation") constructed the Art
Museum of South Texas building ("Museum") on property owned by the City of Corpus
Christi, ("City"); and
WHEREAS, Foundation conveyed the Museum to the City; and
WHEREAS, the City leased the Museum to the Foundation continuously since the
odginal lease dated February 18, 1970 through the most recent lease dated March 19,
1996, authorized by ordinance No. 022509; and
WHEREAS, in 1998, the Foundation filed with the Office of the Secretary of State of
Texas Articles of Amendment to the Articles of Incorporation to change its name to
South Texas Institute for the Arts, ("STIA");
WHEREAS, the City desires to lease the Museum to STIA for a term of ten (10)
years in consideration of the terms and conditions and mutual promises set out below.
NOW, THEREFORE, the City and the STIA hereby agree as follows:
1. Premises. This Lease covers the building located in the Bayfront Arts and
Science Park known as the Art Museum of South Texas, end tho proporty dooo~ibed on
the at~aehed and ieee;,~erated Exhibit.
2. Definitions. Whenever used in this Lease, the following terms shall have the
meanings ascribed to them as set forth in this paragraph, to wit:
A. STIA shall mean the South Texas Institute for the Arts, a nonprofit Texas
corporation, formedy known as the Corpus Christi Art Foundation, Inc.
B. City shall mean the City of Corpus Christi, a Texas home-rule municipal
corporation.
C. City Council shall mean the City Council of the City of Corpus Christi.
D. City Manager shall mean the City Manager of the City, or his designee.
E. Museum shall mean the Art Museum of South Texas and its successor.
F. Building shall mean the building housing the Museum.
3. Consideration.
As consideration for the use of the Museum and the providing of said services
and/or funds by the City, the STIA hereby covenants and agrees to operate and
manage the Museum in accordance with the terms and conditions of this Lease and to
provide or authorize and supervise the providing of exhibits, functions, programs and
events therein involving art activities, art education, and similar cultural functions in the
manner as hereinafter set forth.
4. Term.
This lease shall be for a term of one (1) year, beginning the day after final City
Council approval of this lease.
5. City's Obligations.
A. The City agrees to provide and pay the cost of fire and extended coverage
insurance on the structure of the Building as part of the City's insurance program.
B. City will pay to STIA an agreed maximum sum each fiscal year, subject to
appropriation, to be used to offset the cost of providing janitorial services, intedor and
exterior Building maintenance services, utility services (including electricity, water,
sewage collection, gas and garbage collection, but excluding telephone); secudty
services; fire and extended insurance coverage on the contents of the Building.
Maintenance services will be limited to the care and upkeep of the Building and the area
surrounding the Building, the operation and maintenance of ventilation system, including
both heating and cooling facilities; the maintenance of mechanical and electrical
equipment which is a part of the Building; and the maintenance of the physical structure
of the Museum. Security services and janitorial services shall include labor, equipment
and supplies needed to provide said services.
C. City will maintain exterior grounds. City will use its best efforts to provide
adequate parking and access to parking for Museum members and guests including
providing signs directing visitors to the Museum parking lots. City and City's agents will
endeavor to provide at least thirty (30) days advance notice of an event using the barge
dock area which will limit access or preclude visitor parking.
D. The amount, if any, to be paid by the City to STIA annually shall be as adopted
by the City Council in the approved City fiscal year budget. When the City has paid the
budgeted amount for the above services and expenditures, it shall have no other
obligation to STIA for maintenance, utilities, insurance, custodial, or security
expenditures except expenditures for maintenance of the grounds outside the Building
for which the City shall be directly responsible. The City will not reimburse STIA should
it incur expenditures for outside ground maintenance without the City Manager's prior
wdtten approval.
E. STIA shall submit its annual budget request, according to the City's regular
budget procedure. The request will be subject to the usual review and appropriation
process. STIA will submit requests for payment monthly in the amount of one-twelfth of
the annual appropriation and City shall pay such requested amounts until the total
appropriation for payment to STIA for the particular fiscal year has been expended.
Each such request for reimbursement shall be approved by an officer of STIA or an
employee authorized in writing by STIA to submit such requests.
F. The City Council may, at its discretion, provide additional funds to assist in the
carrying out of functions, programs, and events within the Museum by or under the
authorization of STIA in accordance with the spirit and terms of this Lease.
G. STIA recognizes that the continuation of any expenditure by the City, after the
close of any fiscal year of the City, which fiscal year ends on July 31 annually, shall be
subject to appropriations and budget approval providing for such expense as an
expenditure in said budget. The City does not represent that said budget item will be
actually adopted, said determination being within the sole discretion of the City Council
at the time of adoption of such budget.
6. STIA Obligations.
STIA agrees to operate the Museum for the benefit of the general public and agrees
that the general exhibits, functions, programs, and events held, conducted and/or
presented therein by or under the authorization of STIA shall be open and available for
the attendance of and/or participation and support of the general public and stipulates
that any and all law-abiding residents of South Texas are eligible for membership.
In operating the Museum, STIA shall have complete control over the planning,
execution, and presentation of all exhibits, functions, programs, and events. In the
ordinary course of providing or authorizing functions, programs, exhibits, and events
under and in accordance with this Lease STIA may, without the prior consent thereto of
the City Manager, enter into written contracts and agreements of a routine nature and of
more than 90 days duration, with such contracts and agreements being in accordance
with and subject to the terms and provision of this Lease.
Exhibits, functions, programs, and events exclusively for members of STIA and/or for
members of similar cultural organizations may be held, conducted or presented in the
Museum by or under the authorization of STIA only at such times and only in such
manner as not to interfere with the operation of the Museum for the benefit of the public
during normal opening hours.
7. Personal Property of STIA.
STIA shall provide, or otherwise acquire, any necessary furnishings and special
equipment in the Building, including but not limited to display lighting, which furnishings
and equipment are to be used in functions, programs, and events at the Museum. Said
furnishings and special equipment shall be maintained by or under the authorization and
direction of STIA. STIA shall have the dght to remove from the Museum, or to authorize
and direct the removal of, all personal property not belonging to or under the custody,
care, or control of the City unless such the personal property is attached to the
Museum in such manner that the removal of same would damage the Building, in which
latter event said attached personal property shall become the property of the City at the
time of expiration or other termination of this Lease without further process of law. All
personal property of any nature, regardless of ownership which is or may be placed in
the Museum temporarily or permanently and which is not maintained by the City, shall
be maintained by or under the authorization and direction of STIA in a manner
satisfactory to the City. No property owned by or under the care, custody, or control of
the City shall be sold or otherwise disposed of by or under the authorization or direction
of STIA.
8. Alterations to the Building.
STIA shall not make or allow any structural alterations to the Museum; construct or
allow any additions to the Museum or additional buildings (collectively, "Improvements")
on City property without the prior written approval of the City Council.
Construction of Improvements
STIA desires to construct certain Improvements which are described on the
attached Exhibit.
Before constructing the Improvements, STIA shall have the plans and
specifications for the Improvements prepared by state-licensed architects or
engineers. STIA shall submit a copy of the plans and specifications to the City
Manager for review and approval. If not approved by the City Manager, the City
Manager shall furnish his wdtten objections to STIA along with the requested
changes that will make the plans and specifications acceptable.
STIA shall require the contractors who are awarded contracts for construction of
the Improvements to furnish the following bonds by surety companies authorized
to do business in Texas:
Payment Bond - A payment bond in the amount of One Hundred Percent
(100%) of the contract shall be furnished for the protection of all persons,
firms and corporations who may furnish materials or perform labor. The
payment bond shall be made with City as an Obligee.
Performance Bond - A performance bond in the amount of One Hundred
Percent (100%) of the Contract shall be furnished covering the faithful
performance of the contract. The performance bond shall be made with
City as an Obligee.
STIA shall include in all construction agreements for the Improvements, the
following provisions:
Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless City and all of its officials, officers, agents and
employees, in both their public and private capacities, from and against
any and all liability, claims, losses, damages, suits, demands or causes of
action including all expenses of litigation and/or settlement, court costs
and attorney fees which may arise by reason of injury to or death of any
person or for loss of, damage to, or loss of use of any property occasioned
by error, omission, or negligent act of Contractor, its officers, agents,
employees, subcontractors, invitees or any other person, arising out of or
in connection with the performance of this agreement, and Contractor
shall at his or her own cost and expense defend and protect the City of
Corpus Christi from any and all such claims and demands.
In any and all claims against any party indemnified hereunder by any
employee of Contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, the indemnification obligation herein provided shall not be limited in
any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for Contractor or any
subcontractor under workman's compensation or other employee benefit
acts.
STIA shall also require the contractors, in all STIA construction agreements for
the Improvements to furnish insurance in the amounts specified in the attached
Exhibit and include in all construction agreements for the Improvements the
following language:
Prior to commencement of any activity on City of Corpus Christi's
property, provided in the Art Museum of South Texas Lease Agreement
entered into on __ day of ,2004, between the South
Texas Institute for the Arts and the City of Corpus Christi, or this contract,
Contractor shall purchase and maintain during the term of this contract, at
its own expense, hereinafter stipulated minimum insurance with
companies duly authorized to do business in the State of Texas.
Contractor shall not allow any subcontractor to commence work until all
similar insurance of the subcontractor has been obtained. All insurance
policies provided under this Agreement shall be written on an "occurrence"
basis.
It is agreed by all parties to this Agreement that the insurance required
under this Agreement shall:
Be written with the City of Corpus Christi and STIA as an additional
insured on applicable policies and that the policy phrase "other
insurance" shall not apply to the City of Corpus Chdsti where the
City of Corpus Christi is an additional insured shown on the policy.
Provide for thirty (30) days notice of cancellation to the City of
Corpus Christi, for nonpayment of premium, material change or any
other cause.
Be written through companies duly authorized to transact that class
of insurance in the State of Texas.
Waive subrogation rights for loss or damage so that insurers have
no right to recovery or subrogation against the City of Corpus
Christi, it being the intention that the required insurance policies
shall protect all parties to the Agreement and be primary coverage
for all losses covered by the policies,
Provide a Certificate of Insurance evidencing the required
coverages to:
George K Noe
City Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Donna James
Risk and Safety Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
STIA: agrees that all work to be performed by it or its contractors, including all
workmanship and materials, shall be of first-class quality and shall be performed
in full compliance and in accordance with all federal, state and local laws,
ordinances, codes and regulations, and the such work shall be subject to City
inspection during the performance thereof and after it is completed. However,
the City shall have no duty to inspect.
STIA shall discharge all obligations to contractors, subcontractors, matedalmen,
workmen and/or other persons for all work performed and for materials furnished
for or on account of STIA as such obligations mature. STIA expressly agrees
that it will neither give nor grant, nor purport to give or grant any mechanic's or
materialmen's lien upon the CITY's property or upon any Improvements
thereupon in the process of construction or repair, nor allow any condition to exist
or situation to develop whereby any party should be entitled, as a matter of law,
to a mechanic's or materialmen's lien against the City's property or
Improvements thereon, and STIA shall discharge that a,~,-sucd~lien within thirty
(:]0) days after notice of filing thereof.
All plans and specifications referred to above and all construction upon the City's
property shall comply with all applicable federal, state or municipal laws,
ordinances, rules, regulations and requirements. During the progress of all work,
City's duly authorized representative may enter upon the premises and make
such inspections as may be reasonably necessary for the purpose of satisfying
CITY that the work or construction meets the requirements or standards.
STIA shall conduct its operations under this Agreement in an orderly and proper
manner, considering the nature of the operation, so as not to unreasonably
annoy, disturb, or endanger others.
Before any work on City property begins, STIA shall present the City Director of
Engineering, the City Risk Manager, and the City Manager with evidence of
Contractor's insurance coverages, and City building and construction permits.
II.
Cost of Improvements
The complete cost of developing all necessary plans and specifications and the cost of
construction of the Improvements by STIA shall be borne solely by STIA and be at no
expense to City whatsoever. STIA shall pay all taxes, special assessments, or levies, if
any, assessed during the term against or relating to the Improvements, including ad
valorem taxes pursuant to the Texas Property Tax Code, until ownership of the
Improvements is transferred to the City at the end of the term of this Agreement.
III.
Ownership of ImDrovements
Upon completion of the Improvements, STIA shall donate the Improvements to City. All
alterations and Improvements on or in City's property at the commencement of the term,
or those that may be installed or erected during the term, shall become part of City's
property upon completion of the Improvements by STIA and written acceptance by City
Manager. Any warranties given to the STIA regarding the Improvements shall be
transferred and assigned to City at the same time as the Improvements are transferred
to the City.
IV.
In~lress and Egress
STIA shall have the right to obtain ingress and egress to and from the area
designated for construction of the Improvements in by means of all existing
roadways or accessways, to be used in common with others having dghts of passage
thereon.
V.
Dama~le or Destruction
In the event of damage or destruction to the Improvements, City shall have no obligation
to repair or rebuild the Improvements or any fixtures, equipment or other personal
property installed by STIA. However, if said damage or destruction occurs prior to City's
acceptance of the Improvements, any insurance proceeds from any casualty loss shall
be applied to the repair or rebuilding of the Improvements, which will be the extent of
STIA's obligation for repair.
9. Signs.
Extedor signs may be installed, subject to prior wdtten approval of the City Manager.
Subject to zoning regulations, STIA shall be entitled to install lettering on the side of the
Museum building showing the name of the facility to create visibility to traffic from North
beach and along Ocean Drive. The Museum shall also be entitled to drape from the
side of the Museum temporary signs in the form of large banners announcing exhibits
without having to procure the prior approval of the City Manager provided that such
banners are in compliance with zoning requirements and can be removed if objected to
by the City Manager after installation. Nothing in this paragraph shall be construed to
require the City Manager to approve art work placed on the Museum walls or sculptures
placed on the Museum grounds, whether part of a temporary exhibit or a permanent
exhibit.
10. City Use of the Building.
The Building may be used by the City for meetings and similar functions provided
such meetings and similar functions do not conflict with prior commitments made by
STIA under and in accordance with the Lease. City shall not be required to make any
payment therefor to STIA other than reimbursement for any extra costs for security
personnel, overtime to staff employees, and other out of pocket expenses incurred by
STIA in making the Building available. The City agrees to enter into a facility use
contract of the type utilized by the Museum for outside groups. In addition, qualified
City officials or employees shall have the right to enter, examine, and inspect all
portions of the Museum at all reasonable times. As used in the preceding sentence, the
term "qualified City officials or employees" shall mean the Mayor and other members of
the City Council and the City Manager.
11. Third Party Use of the Museum.
STIA shall have the right to authorize individuals, groups of individuals, or
organizations ("Third Parties") to use portions of the Museum for a purpose or purposes
for which STIA is herein authorized to use the Museum, including the use of portions of
the Museum for office purposes. All of said use by Third Parties shall be subject to and
in accordance with the spirit and terms of this Lease and shall be under the direction
and supervision of STIA. STIA shall not enter into any written contract or agreement
with a third party for use of the Museum, including a concession contract or agreement,
regarding the operation or use of the Museum for longer than ninety (90) days without
the prior wdtten consent of the City Manager. For all purposes incident to the
obligations, covenants and agreements of STIA contained in this contract, use of the
Museum by Third Parties under the authorization, supervision, and direction of STIA
shall be deemed to be the use of the Museum by STIA.
12. Compliance with Laws.
STIA will comply, and will require all Third Parties using the Museum in accordance
with Section 11. hereof to comply, with all local, state, and federal rules, ordinances,
laws, regulations, and with the provisions of the City Charter in the operation and
management of the Museum and in all exhibits, functions, programs, and events held,
conducted, or presented in the Museum.
13. Insurance.
A. STIA shall carry with an insurance company or companies satisfactory to the
City Manager a comprehensive general liability insurance policy covering bodily injury
and property damage in reasonable amounts as approved by the City Manager. Said
policy shall name the City as additional insured.
B. STIA shall also adequately insure all property, including artwork as STIA
deems advisable but excluding the Building, for which it is custodian or trustee so as to
protect itself from claims which might arise from the loss of, damage to, or destruction of
said property.
C. STIA shall also provide workers' compensation insurance which complies with
state law.
A copy of the Certificate(s) of Insurance, for the coverages required by 13 A. and B.
shall be provided to the City's Risk Management Department, prior to the execution of
this Lease. The Policy(les) shall provide that the Director of Convention Facilities be
given at least thirty (30) days written notice of cancellation, material change, or intent to
not renew any insurance coverages required hereunder. Upon the City Manager's
written request, the lessee shall provide copies of all insurance policies to the City
Attorney within 10 working days after the written request therefor.
14. Indemnity.
STIA hereby covenants and agrees to assume all risks of whatsoever kind or
character incident to or arising out of the use and occupancy or management and
operation of the Museum by STIA under this Lease and does hereby covenant and
agree to defend, indemn~, and hold harmless the City, its agents, officers, and
employees ("lndemnitees"), from and against any and all suits, claims for damages, or
injuries to persons or property, whether real or asserted, arising out of both bodily injury
accidents and property damage accidents to the public, invitees, or guests or resulting,
directly or indirectly, from the use and occupancy of the Museum by or under the
authorization of STIA. This indemnification and hold harmless agreement shall hold
without regard to the City, the City Council, and its agents and employees being in any
manner legally at fault due to negligence or sole negligence, whether such negligence
be contractual, comparative or concurrent, simple or gross or any other degree or type
of negligence. Except as expressly stated below for the benefit of the City, nothing in
this paragraph is intended to limit or restrict in any way any rights, benefits, protections,
or limitations STIA may be entitled to under the Charitable Immunity and Liability Act of
1987 (Chapter 84, Civil Practice and Remedies Code of Texas, V.T.C.A.), as the same
may be amended.
STIA and City agree that upon any claim or allegation of liability by a third party
adsing from or in connection with the use, occupancy, or management and operation of
the Museum, each party shall assert all defenses, either statutory or otherwise,
providing for limitations or exemptions from liability. Only upon a finding or judgment of
liability against the City shall STIA agree not to assert against the City any immunity or
exemption and hereby expressly waives any such dght to plead such immunity or
exemption as against the City in such event.
15. Fidelity Bonds.
STIA covenants that during this Lease it shall procure and maintain in effect
individual fidelity bonds to indemnify the City against loss resulting from misfeasance or
nonfeasance of each officer, member and/or employee of STIA who receives, handles
and/or disburses money in any form and in any manner for or on behalf of the City as to
term and conditions, amounts of coverage, and company from which purchases. A
copy of such coverage shall be submitted to the City's Risk Management Department
prior to the execution of this Lease.
16. Recordkeeping.
STIA will maintain, in a manner recommended by a CPA acceptable to the City,
adequate books and records showing its receipts and disbursements. In addition, STIA
agrees to have an annual audit and report thereof of such books and records by an
auditor who is independent of the management or board of STIA but who may be a
member of STIA, and to furnish the City Director of Finance with a copy of the report of
such audit each year, certified as to truth and accuracy by the auditor making same,
within 30 days after said audit is complete. Such audit report shall include, but not be
limited to, a balance sheet and a complete statement of receipts and disbursements for
the preceding fiscal year.
17 Entrance Fees.
STIA may collect or authorize the collection of reasonable admission, attendance, or
tuition charges for attendance at and/or participation in programs, exhibits, events, and
functions conducted by or under the authorization of STIA in the Museum, and may
make reasonable charges to individuals, groups of individuals or organizations for their
use of the Museum. Also, STIA may collect or authorize the collection of reasonable
charges for any items sold at the Museum in connection with activities therein. The
admissions, dues, rentals, and other charges referred to in this Section 17. shall be
deemed to be reasonable so long as they are within the range of charges made by
other similar Museums located in Texas for similar purposes and apply to all individuals
or groups without discrimination. A schedule of such charges shall be approved by
STIA, available to the public on request. Such funds as may be realized by STIA from
charges made in accordance with this section shall be used by STIA in the operation,
development, and management of the Museum and its resources.
18. Assignments.
This Lease shall be binding upon the successors and assigns of the parties hereto,
but no assignment by STIA shall be valid without the prior written approval of the CH
Council.
19. Termination.
In case of any breach by STIA, or by any Third Parties of any of the obligations,
covenants, or agreements contained in this Lease, the City Council may terminate this
Lease at any time after it shall have given the Chairman of STIA written notice of the
breach and a period to cure same and of its intent to terminate. However, City Council
may terminate this Lease immediately upon a finding by it of the termination of the
corporate existence, or the bankruptcy or the insolvency of STIA.
STIA covenants that upon the termination of this Lease for any reason, including the
expiration of the term hereof, (i) STIA, its officers, agents, servants, and employees
shall vacate the Museum within ten (10) working days; (ii) STIA shall cause all Third
Parties to quit and vacate the premises of the Museumwithin the same ten (10) day
period; and (iii) STIA shall remove or cause to be removed from the Museum all
personal property not belonging to or under the care, custody, and control of the City,
excepting such personal propert7 as may have become a part of the Museum in
accordance with Section 7 hereof.
STIA hereby expressly waives any right to contest or in any way defend against the
right of the City, upon such termination or expiration of this Lease, to require STIA to
comply with the covenant and agreement in the preceding sentence hereof.
20. Supersedes prior agreements.
This Lease contains all of the provisions agreed upon by the parties hereto and
displaces all previous verbal or oral agreements.
21. Gift.
This Lease shall be construed as a contract concerning a gift to the City of Corpus
Christi, and all of the real property improvements shall be the property of the City except
where herein specifically excluded.
Executed in duplicate originals on the
2004.
day of
A'i-I'EST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
By:
George K. Noe
City Manager
APPROVED AS TO LEGAL FORM THIS
day of
By:
Assistant City Attorney
for City Attorney
SOUTH TEXAS INSTITUTE FOR THE ARTS
By:
Name:
Title:
EXHIBIT
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required herein has been
obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor must fumish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the
following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be
named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required
on all applicable policies
TYPE OF INSURANCE
30-day written notice of cancellation, non-renewal,
material change or termination and a 10 day written
notlca of cancellation for non-payment of premium is
required on all certificates
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence aggregate
Commercial General Liability including:
1. Commercial Form
2 Premises- Operations
3 Products/Completed Operations Hazard
4 Contractual Iliability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
AUTOMOBILE LIABILITY~WNED NON-OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
BUILDERS RISK INSURANCE
1. All Risks of Physical Loss form
$1,000,000 COMBINED SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$500,000 / $500,000 / $500,000
Completed value for duration of this project
In the event of accidents of any kind, Contractor must fumish the Risk Manager with copies of all reports of
such accidents within 10 days of any accident.
South Texas Institute of the Arts Improvements Agreement ins. req.
7-30-04 ep Risk Mgmt.
ADDITIONAL REQUIREMENTS
Contractor must obtain workers' compensation coverage through a licensed insurance company
in accordance with Texas law. The contract tot coverage must be wdtten on a policy and
endorsements approved by the Texas Depart~ent of Insurance. The coverage provided must be
in an amount sufficient to assure that all workers' compensation obligations incurred by
Contractor will be promptly met.
Certificate of Insurance:
The City of Corpus Christi must be named as an additional Insured on the General
Liability coverage and a blanket waiver of subrogation is required on all applicable
policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom dght) must be amended by adding the wording "changed or" between 'be" and
"canceled", and deleting the words, "endeavor to", and deleting the wording after ~left".
The name of the project must be listed under "Description of Operations".
At a minimum, a 30-day written notice to the City's Risk Manager of matedal change,
cancellation, non-renewal or termination and a 10 day written notice of cancellation for
non-payment of premium is required.
If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1 B (1)-(7), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.B. (1)-(7) are included or
excluded,
South Texas Institute for the Arts Improvements Agreement ins. req.
7-30-04 ep Risk Mgm!
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