HomeMy WebLinkAboutC2007-345 - 9/10/2007 - NAAmendment one to the Art 11~useurr~ of South Texas Lease Agreement
by and het~ween
pity of Carpus Christi and
South Texas Institute far the Arts
This Amendment one {"Amer~druent"} to the Art IVluscum of South Texas Lease
Agreement by and between City of Carpus Christi, Texas ~"City"} and ~auth Texas Institute for
the Arts ~"STIA"} made and entered into an September ~1, X004 the "Agreement"}, is made
effective as of ~ ~ ~ ~ + ~ ~ the '"Amendment Effective Date"}, A11 capitalized terms defined in
the Agreement and used herein shall have the same def ned meanings in the Agreement.
RECITALS
wHEIAS, City and the STIR desire to amend the Agreement to document certain
agreements between the parties that wexe not set Forth in the original Agreement.
New T~IEREF~RE, in consideration of the mutual promises contained herein, City and
STIR agree as follows;
1 }The parties agree to replace Section S, Article I. Construction of Improvements ubarticle E to
read as follows:
"STIR shall also require the parties to all STIR. agreements regarding use or
improvements to the Museum to furnish insurance in the amounts specified in the
attached Exhibit and include in all agreerr~ents the following language:"
1. Prior to commencement of any actlvlty on City of Corpus Christ's
propey, provided in the Art Nluseun~ of South Texas Lease Agreement
entered into on September ~ 1, 2~~4, between the South Texas Institute for
the Arts and the City of Carpus Christi, or this contract, Contractor shall
purchase and malntaln during the te~Cn] ~~th~s Contract, at its own expense,
hereina~er stipulated minimum insurance with can~panies duly authorized
to do business in the State of Texas. Contractor shall not allover any
subcontractor to ca~n~nence work until all similar insurance of the
subcontractor has been obtained. All insurance policies provided under
this Agreement shall be written on an 'f occurrence" basis
2. It is agreed by all parties to this AreerrYent that the insurance required
under this Agreement shall:
a. Be written with the City of Corpus Christi and STIR as an
additional insured on applicable policies and that the policy phrase
'other insuzance" shall not apply to the City of Corpus Christi
where the City of Corpus Christi is an additional insured shown on
the policy.
2~~7-34
a911D147
Art Museum of So. Tx
b, Prorride for thirty ~3~} days notice of cancellation to the pity of
corpus Christi, for nonpayrrient of pren~iutn, material change ar
any other cause,
c, Be written through companies duly authorized to transact that class
of insurance in the Mate of Texas.
d, waive subrogation nigh#s for lass or damage so that inur~rs have
no right to reca~ery or subrogation again# the pity of corpus
Christi, it being the intention that the required insurance policies
shall protect all parties #o the Areerr~ent and be prirriary co~rerage
for all lose covered by the policies.
e. Provide ~ ~ertlficate of rn~urance evld~rling the requlred
Coverages ta:
~reorge ~. Noe
lty Marlager
pity of corpus Christi
Post office Box 9277
corpus ~lrl~#1, l ~xas ~~~~-~~~~
donna James
Risk and safety Manager
pity of Corpus Christi
Past office Box 977
~crpus Christi, Texas 784G9-977"
~} The parties agree to add subsection D to section 13, rnsuranee to read as follows.
"D, sTIA shall require all parties to contracts regarding use or construction of
improvements to the Museum to corraply with the insurance requirerncnts set forth in
Exhibit E."
3} All other terms and conditions of the pre~iuusly executed Agreement between the parties
remain in effect.
wHEREA, the parties have caused their authorized representativcs tv execute this Amendment,
which is effecti~re upon the Amendment Effective lute set forth above.
CITY OF RPUS CHRISTI
By:
Print: ~r ~~,• ~~
Title: ~ ~`"~
Date: ~~ ~`~~ f
Attest
B~:
Arrn~nda ~hap~, xty ~ ary
Approved as to firm. ~ . ~] , ~~a7
B : ~°,~
Y
L~~a Au11ar, Ass's nt pity Attorn~r
Far pity ,A~tarne~
SOUTH TEXAS INSTITUTE FOR THE
ARTS
By:
Print: ~~~/
Title: /~f(/~J7'1~/~
Date: ~~~~ ~~~