HomeMy WebLinkAboutC2007-448 - 11/13/2007 - ApprovedPage ~ of 8
AREEM~NT B~Ti=~N THE iTY Oi= ~RPI~ HR~~Ti AND
TAI~U- Performance Arts ~"R~C1Pl~NT"~
(ARTS AND CULTURAL COMMISSION
HOTEL OCCUPANCY TAX REVENUE
RECIPfENT AGREEMENT)
The #ate of Texas
~CN~V1~ ALL BY TH~~ PR~~NTs
County of Nueces
' cu anc Tax Revenue Reei ient Agreer~ent ~"Agreerr~ent"} is rude and
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red into h snd between the Git of Corpus Christi, ~ Texas hone-rule municipal
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cor oration "Cit " actin through its duly authorized City tanager or his designee
" er" and TAMIt~CC Perrormance Arts ~ Recipient }r a Texas nonprofit
~ Ci# Mana~ },
ration uaiified as ~ ~~ c organisation under ~~ U.FC. sect:on O~~c}~}.
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vI#hereas the Cit has allocated 2 ~o in Hotel Occupancy Tax revenue ~"Orant
funds" to enabie Reei ien#to perform those activities described in ~xh~h~t A
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"Activities" a co of v~rhich is attached to this Agreement and incorporated by
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reference;
ereas Cit desires to encoura a and fund activities that~promote the arts and in
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` roe to remote tourism and the convet~tivn and hotel industry v~ithin the City
doing so se p
of Cor u Christi, in accordance r~ith Chapter ~1 of the Texas Tax Code;
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hereas Reoi ien# desires to rovide those activities that promote the arks, and in
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' erve to remote tourism and the convention and hotel industry w~th~n the C~
doing so ~ p , . , ,
f Cor us Christi as the sale or contributory producer of the act~v~ties described in
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~~~~~~~ ii /~ 7! ~"Activlt~es"}1
as Cit has determined that there exists a genuine need for Recip~en#' Arts
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in the Cit of Cor us Christi and wishes to encourage the production of
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Reei Tent's Arts program through the funding of these Act~v~ties}
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Nor, therefore, City and Recipient agree as follovus;
r ae. The Cit desires to ex end funds from the City's Hotel Occupancy Tax
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Revenue to fund activities roduced by non'prof~t, commun~ty~or~ented organizations,
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s ecificail those ro rams that pror~ote the arts and ~n doing so also promote tour~sr~
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and the convention and hotel industry v~ithin the City of Carpus Christi.
Term. This a regiment com~rences on the 1 ~~ day of Janua , X008 and terminates
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on the, 1 t day of December, ~g~.
` . Cit a reel to a Reoi ien# ~,9~~ out of revenue from the City of
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~~~~~"~ ~'~~~~~:'~~ t'~~-' Occu anc Tax fund for use in accordance with section I11
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~~D7~448 Cit be liable for an amount in excess of this grant amount.
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111117
N1~~U7-~88
TAIVI~- Perf, Arts
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Ill. Recipient's Duties. In consideration for receipt of Grant funds, Recipient agrees
to erforrn those activities described in the attached and incorporated Exhibit "A" This
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erforrr~ance shall include those activities that are eligible for f~and~ng under ect~on
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~~ .~ g1 a 4 of the Texas Tax Code and Chase activities that are ineligible for funding
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underthat section ofthe Texas Tax Code but are inherent in and essentivi to the
successful production of Recipient's Activities.
v. Eti ibis ~4ctivities. Use of grant funds by Recipient is limited to those activities
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that, ~vithout exception, meet ail three of the folloing requirements:
the activities are described in the attached and incorporated Exhibit "A".
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~B}the activities are in the categories of art that are eligible forfunding as
described in section ~ . ~ 01 ~a}~4} of the Texas Tax Code.
the activities promote the arts and in doing so also promote both tourism and
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the convention and hotel industry ~rithin the City of Corpus Christi.
v~. Promotion of Tourism and the Convention and Hotel Industry. Recipientr~ut
activel promote tourisrr~ to the City and the City's hotel and convention industry as a
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oat of Rec~ gent's Activities. This may be accomplished by v~rorking to increase the
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number of out~of~tovun program attendees through target promotion and by ~rorking ~vith
the local Flo#el-I~lotel and ondainium Associations.
vii. Cum letion Report. Recipient must subrr~it to the City's Director of Parks and
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Recreation "Director" a completion report ~"Reports'}, a copy of ~rhich is attached and
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incur orated into this ~ reer~ent by reference as Exhibit "B", no Eater than thirty ~0~
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da s follo~vin the termination of this Agreement. The Director, or his designee, shell
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revievu this Re ort to verify v~hether tl~e Grant funding provided to Rec~p~en~ eras spent
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in accordance Frith the requirements ~n this Agreement. A Rec~p~er~~ ~v~l~ r~o~ be
e!i ibis ~o a ! for Grar~~ funds ~~ the r~ex~ calendar year if ~h~# 14eoi~ier~~ Waif ~v
~~ ~
sub~ri~ fts ~4epor~ wf~hin #h~r#y i~0} days fol~owirrg~ the ~err~ina#~or~ of ~hts
A reemerr~y This requ~rer~en~ will be s~r~cily enforced. ~kny recoer~da~~on or
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~rrd~oa~~on h the ~ ~ha~ ecf~~errf may be e~f~b~e ~o apply for Grarr# funds far
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tl~e ~ex~ cale~rdar year ~s con~ir~gen~ upon the ~~rnely ubmfs~or~ of ~h~s Repor~f
and f~eci int shall ~e declared rr~elt~iie ~o apply for Gram f~rnds for the next
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ealer~dar ear tf f~eotpferr~ Earls ~o #~rr~ely meek ~h~ requ~reer~~~ The Report must
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include the follo~ring criteria:
~ 1lUritten assurance to City that ail Activities funded by the City served to
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rornote the arts in the community. Thjs shall be evidenced by providing the City
~ • ~ ~ • ~
~r~th a vuritten descr~pt~on of Ree~p~ent s r~arket~ng or adverk~sing strategy.
~ For III Activities funded by the City, Recipient must submit to the City a
~~ .
v~ritten estimate of the number of Recipient's Arts program atfiendees that reside
outside the territorial limits of the City of Corpus Christi. This may be
accom fished b the use of a visitor log, by tallying the number ofout-of-touvn
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billin or b listin the out-of tov~rn mailing addresses gathered through the ticket
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sales process.
~} An estimate of the total Arts Program attendance.
D A statement of Recipient's Arts Program revenues and expenditures.
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11111. Records Retention. Recipient must at all tires during the term of this
A regiment and forthree years following the expiration of the Agreement, keep true,
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accurate, complete, and auditabie records Recipient agrees to:
A at least annuall make periodic reports to the City of its expenditures from the
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grant funds given under this agreement; and
B make records of these e~cpenditures oval{able far revie to the City.
1~. ~iburse~nnt of Fronds. Recipient understands and agrees that payment bythe
Cit of grant funds under this Agreement is contingent upon Recipient's full
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corn Iiance With the ~e uirements ofthis Agreement. should Director determine dur~r~g
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the A regiment's term that Recipient hasfailed to comply~vith the requirements
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contained in this A regiment, the Agreement is subject to terrr~ination in accordance
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section ~C~111, listed belo~v, and all rantfunds must be repaid to the City.
~. Unex ended fronds. U on termination of thisAgreerner~t, Recipientmust promptly
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refund to City any unexpended rantfunds.
~1. ~dvertisin .Reef lent must recognize the City of Carpus Christi as a contributor
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on all advertiserr~ents and ublications regarding Rec~p~ent Arts Program, Rec~p~ent
must rovide DirectQrWith a co of all Recipient-sponsored advertising and promotion
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materials regarding its Activities.
~Ily Modifications and Waivers. No provision of this Agreement may be altered,
changed, modified, or~vaived,
~CIII. Reiationshi botWeen Parties. Nothing in this Agreement shall constitute a
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artnershi , ~oint venture, or principal,agent relationship betv~een the parties.
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HIV, horn liance rrvith L.aWS. Recipient shall observe and obey all applicable laves,
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ordinances ~e ulations and rules of the federal, state, Gauntry end City governrnentsF
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ThisA regiment i sub~ect to a licahle provisions of the City Charter and the City Code
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of ordinances,
~Il. tVon-discrir~~nation. Recipient shall not discriminate, or permit discrimination
ainst n erson or rou of persons, as to employment or in the provision of
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rvices activities and ro rams. ~iscriminatian as it pertains to this section includes
discrimination vn the basis of race, religion, nat~oni origin, sex, d~sab~lity, or age, ar ~n
an other manner that is rohibited by the lags of the United states or the state of
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Texas. director retains the rightto take action deemed necessary by Directorto
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enforce this non'di~r~mination covenant. llialation of the provision ~i~l ~eult in the
~rnr~ed~ate terminatian of thi~Agreemen~.
Xl/l. Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, employees, representatives,licensees, and
invitees ("indemnitees') against any and all liability, damage, loss,
claims, demands, and actions of any nature due to persona! injuries
including, but no# limited to, workers' compensation and death
claims, or any property loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximately or
remotely, wholly or in par#, or claimed to have arisen out of, been
connected with, or have been caused by, any act or omission,
negligence, or misconducf on the part of lndemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
pafrons, licensees, or invifees participating rn or observing
Recipient's Ac#ivities. Recipient fur[~her agrees to indemnify and hold
harmless Indemn~tees in any situation in which injury or damage
results from a violation by the Indemnitees or Recipienf, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees, of any law, statute, ordinance, or
government order of any kind. Further, Recipient will indemnify and
hold harmless lndemnitees where injury or damage results or arises
out of the exercise or rights or performance of obligations created by
this Agreement.
These terms of indemnifica#ion are effective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrenf negligence of Indemnifees. Recipienf must,
at its own expense, investigate all claims and derpaands, attend tv their
final resoluffon eii~her by settlement or otherwise, defend all actions
with counsel satisfactory to lndemnitees, and pay all costs and
expenses related to such actions on account of liabitify, damage,
loss, claims, demands, or actions, including aftorney fees.
~Ilil. 1`ermin~tian,
~A} The pity may terminate this Agreement fcr any of the follov~ing reason:
~1} The pity may in~rnediately terminate the Agreement due to any
violation by Reci~~ent of section XIl! o~ of this agreerne~t.
H:1LEG-gl~l~eanni~ILisalAgmt•TANfI~-Per~Arts.doc
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~ The fit ma terminate this Agreen~entdue to failure by the Recipient
to substantial! erform the Activities described in Exh~b~t A .Director
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has the sole discretion to make the determination that grant funds were
used for activities that did not fail within the permitted applications of tax
revenue under section ~~ . ~ 01 ~a} of the Tax bode. The pity may
terminate the A reen~ent upon thirty ~3g} days written notice, specifying
that the Director has deterr~ined that grant funds were used for purposes
ether than these allowed under section ~.1o~~a} of the Tax Code, and
re uire Reci ientto reirr~burethe ityall rantfunds award. should
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Reci ient and Director agree an modif~cat~or~ to the activities specified
in exhibit "A"and execute a written modification in compliance with
Section ~Il of this A regiment, the City will not terminate the Agreement
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due to Reci Tent's failure to adhere to the original, superseded contract
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terms.
The Cit ma terminate this Agreement due to Reci~~ent' use of
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grant funds to a for activities other than those qualifying as Eligible
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Activities under section of this Agreement. Director has the sole
discretion to make the determination that grant funds were used far
activities other than those qualifying as Eligible Activities. The pity may
terminate the A reernent upon fourkeen ~~~~ days written notice, and
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re uire Reci Tent to reimburse the qty all grant funds awarded.
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B Reci ientma terminate this Agreement withoutcuse uponthirty{fig}days
written notice to Cit . If Reoipientchooses to terminate the Agreer~ent,
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Reoi lent rust re a all rantfunds awarded, whetherthose funds were
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expended on Eligible Activities or not,
~41111i. everabiiit . If an term or provision of this Areer~ent or its application to a
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eon or circurr~stance is determined to be illegal, unenforceable or invalid, tfi~e
p forceabilit or
remainder ofthis Agreementwill not be affected by that ~liegality, unen y,
invalidit . Tothe extent ossible, similar legal, valid, and enforceableterrr~swiil
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autor~aticall be substituted forthoe that are found to be illegal, invalid, and
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unenforceable.
Ix. force I~la'eure. Uvith yes ect to any duties, obligations, or covenants (hut rro~
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irrcf~frr the Corry ~tiorr Ike ort requ{red ~~ ecfr'an ~~~~ to be performed, or
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sideration to be rovided to either parley during the terra of this Agreement, the party
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0 obli ated shall in no event, be liable forfailure to pe~orm when prevented from
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oin sob an cause be and the reasonable control ofthat perky including, without
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' ~ ~ Tike lockout breakdown, accident, eider or regulation of any governmental
lim~tatfonF st ,.
orit failure of su I inabilit , b the exercise of reasonable d~l~ence, to obtain
auth ppya Y y
` arts orem to ees necessa to perforr~ services, or because of war, natural
supplies, p p y rY
r other emer enc .The time when thatduty, obligation, or covenant rust be
d~saste~, o ~ y .
rrorr~ed or consideration must be provided will be extended for a period of time
pe li ated.
e uivalentto the Bela due to the cause beyond the control ofthe parley ob g
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~C~C. Notices. Ail notices, demands, requests, or replies ~`~corr~munications"} provided
for or ermitted under this Agreement by either perky must be in ~vriting and rr~ust be
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delivered b one of the follo~ring methods. ~1}personal delivery; ~~} depositith the
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United States Postal Service via certified ar registered mail, return receipt requested,
osta a re aid; ~3} prepaid telegram; ~~} deposit v~ith an overnight express delivery
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service for vuhich service has been prepaid; or ~5} fax transmittal. Notice deposited ~nrith
the United States Postal Service in the manner described above ~vill be deemed
effective tiro ~~} business days after depoitith the United States Postal Service.
Notice b tele ram or overnight express delivery service in the manner described above
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~vil1 be deemed effective one ~~}business day ftertransmission to the telegraph
cam an or overnight express carrier. Nance by fax will be deemed received upon
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transm~ssien with pr~cf of deliveryto the receiving party, A!I commun~catians must be
made to:
if ~o pity:
ityof corpus Christi
director, Perks recreation
P. ~. Box 9~~~
corpus Christi, TIC ~4-~7~
~~~} ~~0-341
if to ~ec~p~nt:
TA~IU- Per~or~nance Arts
Qr. Mare Krtu~~ Vice President
~3~~ ocean drive Unit ~~~~
for u Christi Texas ~5~~ ~-5~~
~r~
Hither arty may change the address to u~rhich notice is sent by providing notice as
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described above. ec~p~ent must notify pity of an address change ~th~n thirty fig}
da~,rs after recipient's address has changed.
~~I. I~~~vers~ The failure of either party to corr~plain of any act or omission on the past
of the other art , no mater hoer long the carne may continue, ~vill not be deemed a
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Waiver b said art of an of its rights as enumerated in this Agreement. Na ~raiver of
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an revenant or condition or breach of any covenant or condition of this Agreement by
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wither art at an time, express or implied, ill be taken to constitute a Waiver of any
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subsi4~~y'cent breech of the cavenar~t or condition. Notv~ithstnding any indulgence of
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an breach b the Rec~~~ent ofthe prav~sians of this Agreement, ~t ~ expressly
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understood that the pity may at any time avail itself of its remedies under this
A reer~ent, including the right to terminate the Agreement on account of breach or
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default,
H :1L ~G • D I RlJ ea n n i e1L i satiA~ m#-TAM U • P e r~A rts. hoc
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~i~l~. E~#~rety. This Agreement and all exhibits attached constitute the entire and sole
agreement bet~reen the parties regarding the subject matter described in this
Agreernent, No other Britten docur~ents or oral representations vuiil have anyforce or
effect on the subject matter of this Agreement.
~C~[~~1. apt~~n. The captions contained in this Agreement are not a part of this
Agreement and do not in any uvay affect or niter the term o~ this Agreer~ent.
C~11.1~s~r~ment. This Agreer~ent may not be, in ~rhoie or in part, signed or
transferred directly or indirectly without prior vuritten canent of pity.
~,
Execu ed in d plicate, each of v~hECh vu~il be considered an original, on the ~ day
of oV~ , ~0~7,
ATTEST: ~F ~F~PU HR1T~
Armando ~hapa, pity secretary George ~C. Noe, pity Manager
APPROVED: D~GU s
~.~1~-
~isa Aguilar
Assistant City Attorney
for City Attorney
~~~
~~~~`
~~
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TINE OF TE~CA
~UNTI~DF fi~I~EE
This instrument v~a~ acknowledged before me on , X00 , by
George l~. Noe, pity Iar~ager of the pity of corpus risti, a Tex s omeiru~e
municip i corporation, o behalf of the corporation.
`4~rd~?+rr~,~
Nota ubiic, state of Texas ~~.~'#+ c~~~
EX~~~EB
:. MY C01~Mli~~l
~~~i}~ ~p~~~+"~r~
~~'• rlii tits
!_,.
Panted Name
omrr~iion expires
FAR ~ElP~E~VT
H.1L~G-~ I ~1~ean~i8lLisalAgrn~-TAMIl-P~r~A~ts~do~
Page 8 of ~
Dr. Ha eX Knull
Artistic Vice President
STATE ~F TEA
~l]NTY~F NUE~S
. was acknovu~ed ~~ before me on , ~~07, b~
This ~ntrument
r-tistic 1lice P~esiderrt, TA~J~~ Pe~formin Apt, a Texas nor-p~ofE#
~r~ I~aryey Knoll, A
ulified ~ ~ X01 c or anixation under ~G U.S.C. sec#i~n ~~ ~~{}, on
corporation, q ~ ~~ ~ ~
behalf of the cerpo~a~ien.
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~ ar Public, State of Texas 3 ~..;}RYI~+~. ~~~~~~~ ~o«a~~
+t Q iii ~'~ fl~~r
,~ GG~3 ~
Prin#ed Name
Cornrn iion ~xpi res ~
ti tii~ ~ ~,•
Notary P+~b~i~, State o~ Texas
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r ~ My Cbmmissi~r~ expires
.4 ~fi ~~ ~ ~ i 4 x4y
}! ~ ~~~~ T \\\y_ ~Yf ~f,l~Y~ 1~ i~~~
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H:ILEA-pI~IJeanni~ILiSalAgmt-TAMU-PerfArts.dac
Answer C~uestion ~~ ~ an Shia page oniy.
In the f~llowing_ space, please write what you would like the Arts and cultural omrni~on to know 2~bout
your Proposed ~ro~ect the project far which you are requesting funding, Although brevity is valued, clarity
and comple#eness are essentiall This description will be a mayor component utilised during the revie~r
process.
Maximum ~~0 war~a,12-point fort,
The Islander chamber lVlusic Series assembles prvfesiona~ musicians from corpus Christi to present
freer high-quality chamber music performances. ~orrned in fall ~~~~, the ensembles already
presented four well~received local peormance and one concert tour, initial support came from the
department and none-tune donor, with substantial contributions made by some of the musicians
themselves. Because of university budget cuts, outside support i required to present future concerts.
A strong base of audience rnernbers is anticipating future performances. fur audience members span
all ages: families with rnal! children, public school and university students, Uvinter Texans, and many
others. I~IIe look forward, through increased publicity, to reaching an even broader audience.
All of the ensembles' professional musicians are also teachers. Thus, we feel a strong commitment to
furthering rr~usic education in our pity. By keeping the performances free, students and families may
attend without cost concerns Local music teachers will be invited to bring their classes to the concerts
and to open rehearal o that students may observe the rehearsal process.
The Performing Arts tenter i an extraordinary venue for chamber music; although it seats 1 ego, the
acoustics and physical environment allow small ensembles to perform successfully. Funding far the
arks is limited, o we are relying on the city to support this project. As university artd public school
teachers, current opportunities for financial support are limited primarily to the city grant prararn and
to cur supporting institutions. As the ensembles are nurtured, opportunities for ether grants will
become possible, as well.
T~ ~ c.t.,
~~ Hoyt ~P~a,1'd ~~-o
5 ~ v~ n q~ ~ Y' 'ant