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HomeMy WebLinkAboutC2010-135 - 4/27/2010 - Approved~ ~ z LEASE AGREEMENT RE: Nina STATE OF TEXAS § C~LJNTY OF NLlECES § ~ I TH15 LEASE AGREEMENT thereinafter "AGREEMENT"~ is entered into by and between the CITY OF CARPUS CHRISTI, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Carpus Christi, Texas 78469, {hereinafter "CITY"], and the Columbus Sailing Association, a Texas 5Q1 {c}3 Nonprofit Corporation, 7253 Yaupon Dr., Corpus Christi, Texas 78414, [hereinafter "CSA"}, WHEREAS, Iliina, Pinta and Santa Maria (hereinafter "SHIPS"~, are replicas of 15th century Spanish sailing vessels which, at the request of Spain, the CITY undertook limited maintenance of in May of 2QQ1; and WHEREAS, in 20flE, the SHIPS became the property of the CITY as a gift from Spain, and remain a valuable historical exhibit linking the peoples and cultures of Spain and the Corpus Christi area; and WHEREAS, the SHIPS have fallen into significant disrepair'; and require significant repair and restoration; and WHEREAS, the CSA has requested that the CITY allow the CSA to: a. Repair and restore the structural and mechanical integrity of the SHIPS berthed in Corpus Christi, Tx; b. Conceive and develop a plan for the public display and use of the SHIPS under the direction of the Columbus Sailing Association; c. Obtain ownership of the 5HIP5 from the CITY after the CSA has completed and opened a seaport to house the SHIPS; d. Maintain the 5HIP5 at an increased level of maintenance than in the past. {a., b. c. and d. hereinafter collectively the "WORK"} WHEREAS, the purpose of this AGREEMENT is tv state the duties and responsibilities of the CITY and the CSA {hereinafter "PARTIES"} with regard to the CSA's five phase plan regarding the SHIPS, and mare particularly the purpose of this AGREEMENT is to state the duties and responsibilities of the ' For example of extent of disrepair only, regarding the Columbus ship Nrna, see EXHIBIT "A" attached, for copy of the Dixieland Marine Survey, dated April ] b, 2008 and corresponding interview notes . It should be noted that the Nina, as well as the Pinta and SaMta Maria have fallen into further disrepair since the Dixieland Marine Survey of 2008. 2010-135 Qrd. 028582 04/27/10 Columbus Sailing Assn. ~~O~A~G~] Page 2 of 1 d Lease Agreement Re: Nir7a PARTIES with regard to the lease of Nina tv the CSA, in order to provide for and facilitate the repair, restoration and maintenance of the Nina by the CSA, subject to the terms and conditions of this AGREEMENT; NSW, THEREFGRE, in consideration of the mutual benefits to be derived and the representations, conditions, and promises herein contained, and intending to be legally bound, the CITY and the CSA agree as follows: PARTIES: CITY shall hereinafter be defined as the City Manager ^r his designee. CSA shall hereinafter be defined as the President of the CSA, or his designee. PRGJECT PHASES: The CSA will complete five phases, (hereinafter the "PROJECT"} as listed below. The CITY approves and supports the completion of all five phases of the PRGJECT. The specific rules, regulations and requirements regarding phase one, the repair, restoration and maintenance of the Nina are set forth below. The specific rules, regulations and requirements regarding phases two through five will be addressed by separate AGREEMENT{s} ^r amendment{s} to this AGREEMENT, at a time and date closer to the commencement of those phases. Phase ^ne: The repair, restoration and maintenance of Nina; Phase two: Staging facilities to conduct Nina ^perations; Phase three: {a} The repair, restoration and maintenance of Pinta, {b} The repair, restoration and maintenance of Santa Maria; Phase four: Columbus 5eapork construction, including dredging the basin and channel; and Phase five: Placement of the Nina, Pinta and Santa Maria in the water and float to Columbus Seaport in the City of Corpus Christi. LEASE OF SHIPS: The CITY in consideration of the CSA's faithful performance of the covenants described herein, mare particularly, the repair, restoration and high level of maintenance of the SHIP{s}, shall lease to the CSA each SHIP at such time as the CSA respectively meets the specific rules, regulations and requirements as set forth in the applicable phase, that being phase ^ne, herein, with respect to Nina, and phase three {a} and {b}, as will be set forth at a later date, with respect to Pinta and Santa Maria. r ~ i ~ ~ Page 3 of 16 Lease Agreement Re: Nina TERM: The term of this AGREEMENT is for a period of 15 years, beginning on the date of execution below, subject to earlier termination as provided herein. POS5E5510N: Possession, defined herein as custodial responsibility, of the Nrna shall not fake place until the conditions set forth below, in the section also entitled "POSSESSION", under the heading "PHASE ONE- The Repair, Restoration and Maintenance of Nina" are met. A551GNMENT: The CSA may not assign this Lease AGREEMENT, nor sublease the SHIP~s}, without the written consent of the CITY. MAINTENANCE: The CSA shall throughout the term of this AGREEMENT, and any future AGREEMENT~s} with respect to the SHIPS, take good care of the SHIPS}, keep them free from waste yr nuisance of any kind, and shall be responsible far and shall perform, or cause to be performed, maintenance, including custodial maintenance. INSPECTION: The CITY, and its employees and designated agents, shall have the right to enter upon the SHIPS at any time during the term of the lease for the purposes of inspection, for emergency repairs, and to otherwise protect its interests. Nothing herein shall be construed to restrict the CITY in the exercise of any of its police powers. LEASE RELATIONSHIP: The PARTIES specifically agree and understand that this AGREEMENT creates under its terms, a lease relationship. Nothing herein contained shall be deemed yr construed by the PARTIES hereto, nor by any third party, as creating the relationship of partnership or of joint venture between the PARTIES. CITY AUTHORITY: Except as specifically provided herein, the CSA shall not have any authority tv bind the CITY to any contract, indebtedness ar obligation in any manner without the express written consent of the CITY. The CITY reserves the sole and exclusive right to exercise its police powers and other governmental authority concerning any matters related to this AGREEMENT. SHIPS AS COLLATERAL: The CSA shall not use any Columbus SHIP as collateral for anything. TRANSFER OF OWNERSHIP: Upon completion of all five phases, including the opening of the Columbus Seaport in the City of Corpus Christi, the CITY sha11 transfer ownership of the SHIPS to the CSA. r y i + r Page 4 ^f 16 Lease Agreement Re: Nina TERMINATION OR EXPIRATION OF AGREEMENT: Except as otherwise provided herein, should the CSA fail tv uphold any of the provisions or covenants contained within this AGREEMENT, the CSA has 90 calendar days, upon written notice by the CITY, to cure the default or this AGREEMENT automatically terminates. In the event of termination of this AGREEMENT or expiration of the lease term, the CSA shall immediately comply with the written order from the CITY regarding vacating the SHIPS}, subject tv making any arrangements necessary for the maintenance or relocation of the SHIPI;s}, and proceeding with due diligence in completing such conditions. In the event of termination of this AGREEMENT or expiration of the lease term, any and all unexpended CITY funds must be returned to the CITY. Further, in the event of termination of this AGREEMENT for any purpose, or expiration of the lease term, all materials and supplies remaining after ten calendar days notice automatically became CITY property for whatever purposes deemed appropriate by the CITY. COMPLIANCE WITH LAWS: The CSA agrees to comply with the rules, regulations and requirements of this AGREEMENT, as well as akl laws, ordinances and orders of federal, state and Ivcal governments. PHASE ONE The Repair, Restoration and Maintenance of Nina GUIDE FOR REPAIR: The CSA shall follow the Dixieland Inc. Marine survey, conducted Marctl 25 through 28, 2QQ8, attached see EXH161T "A"}, as the guide for the repair of Ni~ra. CITY PAYMENT FOR REPAIR AND RESTORATION: CITY shall pay the sum of $20,000 to CSA for the purchase of repair materials to be used for the repair and restoration of the Nifia in phase one. The $20,000 is to be used only for materials to repair and restore Nina, it is not to be used to pay for labor ^r equipment. CSA will provide paid invoices to the CITY to account for the funds. No additional money will be provided to the CSA by the CITY. This is to be a one time only payment and no additional money will be provided to the CSA for any future WDRK to be accomplished in subsequent phases two Through five. REQUIRED INSURANCE: Prior to the undertaking of phase one, the CSA shall obtain, carry and pay the premiums for the insurance of the types ~ The sun+ey and accompanying interview notes are to be used as a guide only and need not be followed exactly, particularly considering that the survey was compketed in 2t7a$ and the repair, restoration and maintenance needs of the Nina have likely changed. As a guide, the sun+ey and notes are to be used to show the way by direction and example only. Page 5 of l fi Lease Agreement Re: Nrnn and in the limits stated below in the inserted provision. The CSA shall include the CITY as an additional named insured party an all insurance policies required. The CSA coverage must also include both paid employees and unpaid volunteers. N l A A, Columbus Satling Assvaiatlon must not commence work under this agreement until sil i~uranve required herein Laa been obtalnad and such insurance has bean approved by the City, The Columbus Sailing Assoviation must not a]lvw any subcontractor to commPatee work unfit all similar insurance requited of the auhvonhisctvr has been so obtained, S. Colnmbua SailingAeaociatlon mus# itsmish to rho Clty'a R{sk Ivlanagervr designee,two (2) voplea oFCatiflaataa oflnauranco, ahawingt}te following minimum coverage by an insurance eomparty(a}acceptsbla to the Caty'a Risk Manager. The City muatba named as an additional insured for theOenerel Liability policy and ablanhet waivarof subrogation is required on all appiioabk policies, ~"YpL Q>[r IiYSURAIYCk, Nl1HI1VtUM lNt3U1tANCE CUVERAGL 30-day written notice of cancdtatlan, material change, liodlly ][f]ury and Property )Damage nos~raiewal ar termination fa raqulred oa All eerHfleates Par nooumuiov 1 aggragata limit CommercEal f}eneral Liability tv include 51,006,444 Cvm6lnad Single Limits 1. Broad Form 2. 1'remises - Operations 3. 1'roductal Completed Operaticna 4. Cankactual Liability S. Broad Farm Property Damage 6. Personal Injury & Advertising Injury 7. Firai,egal Liabil[ty 13usinese Auto Liabtl[y to include Hired and Hon-awned S1,OOD,000 Combined Single Limit Auto Liability shi Le 1 L'sabili! Cava a $110000 current value of N1N.i Commercial Property CSA is respvnelble for tlwir own inaurabla interests in their property and egaipment wvtiaera Comperuratlon to inciuda volunteers WhIcJ~ complies whh Iha 1'exaa Workers Cvmpeataatlan ~Alrplleable if Any pall employees) Act and Section Il of this exhibit limployere Liability to include L35I.&li 5540,600 Applicable when NINA t: aaaworthy Ocean Marine Hu11 and Liabil[ty Coverage SCutxent value of N1N~! (ear repairs eamplerer~! Protcotivn dt indemnity (i' & 1) 51,000,900 C. In the avant of soaldetttsvf any k[nd, Columbus Sailing Aasaclatian must famish thaRisk Matiagerwith wplea vial] repot[a of ouch accidents within ten (10) days vfth~ accident. A. As stated in Section I-)B, Table, Columbus Sailing Association must obtain the applicable workers' , , Page b of i b Lease Agreement Re: Nina Compensation coverage or maritime exposure protection for its employees through a licensed htsuratwe company in aaoerdance with Texas law, The Contract for coverage moat be written on a policy and with endorsements approved by the Texas l7apartmeart of Insurance. The coverage provided must 6e in an amount sufTicient to assure that all workers' compensation obligations incurred by Cofumhus Sailing Association will ba promptly met. B. Cohunbus Sailing Association's financial integrity is of interest to the Cily; therefore, subject W it's right to maintain reasonable deductibles in such smouuts as are approved by the City, Columbus Sailing Association shall obtain and maintain in foil force and effac# for the duration ofthla Contract, and arty extension hereof, at its' sale expense, insurance caverege written on an occurrence basis, b]' companies auWorized and admitted Oo do business in the State ofTaxas and wlthanA.M. Be~'sxating of uo less than A- (VII). C. The City shall be entitled, upon request and without expanse, to receive copies of the policies, deolaraliona pe6ge and all endorsements thereto as they apply to the limits nagttired by fire City, and maynequim the dCIetion, revision, or modi#lcation of particularpalicy farms, oonditians, limitations ar exClusiens {except wherepollcy provisions are established by law arre$uiation bindingttponeitherof the parties hereto or the underwriter of any such polioies).Coiumbus Sailing Association shall be required to comply with any suet requests and shall submit a copy of the replacartrent certificate of insurance to City at the address provided below within 14 days of the reajuested change. Cohrmbus Sailing Association shall pay aqy coats incurred resulting from said changes, All notieos under this Article shall be given to City at the following address; City of Corpus Christi Attn: R{ak Managrmen# P.O. Sox 9277 Corpus Christi, TX 784fi9.9277 {36l}828-4555- Fax # D. Co[tunbus Sailing Association agrees that with resprct to rho above required insurance, ail insurancS; policies are m contain or be endorsed to contain the fallowing required provisions; ^ Nartte the City and its officers, effieiais, etrtployees, volunteers, and elected rcprcaentativea as additional insured by tardotseanCatt, as respeGs operations and activities of, or an behalf oftha named insured performed under contract with the City, on the i3caterai Liability and Business Auto Wabillty coverage. • Provide far an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City Is an additional insured shown on the policy; • Workers` compensation and employers' liabilitypollcies will provide awaiverof subrogation infavor of the CIty; end • Provide thirty {34) Calendar days advance written notice directly W City of any suspension, cancellation, con-renewal or material change in coverage, and not less than ten {l4} calendar days advance wrlltert notice for nonpayment of premium. H. Within Elva {S) calendar days of a auepenaion, eancellatlon, or non-renewal of coverage, Columbus Sailing Association shall provide a replacement Certificate of Insurance and applicable eatdorsarrra~ts ro City. City shall have the option w suspend Columbus Sailing Association's performanr~ should Page 7 of l fi Lease Agreement Re: Nri~a there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material broach of this agreement, F. in addition to any other rramedies the City may have Upon Calumbua SaiBtig Assoeiatioait's (allure to provide and maintain any insurance or policy endorsements tv tho oxtont and within rho time herein t+equired, the City shall have the right to abler Columbus Sailing Assoeiatlanto atop workhereiuidcr, andlor withhold anypayment{sy which become duato Columbus Sailing Association hareunder until Columbus Sailing Asscoiatien demonstrates camplianco with the requirements hereof (3. Nothing herein contained shall bo oo>zslrued as limiting in any way the extant to which Cohunhus SailingAasoeiation mayhehold rospomsi6le farpaymraits ofdamages to persams orproperty rosultiftg From Columbus Sailing Assoclation'a or its subcontractors' perFatrnance of the work wvottid under this sgzeeanent. H, It is agreed that Columbus Sailing Association's 3nsurancee shall be deemed primary and non- contributory with respect to arty insurance ar self insurance carried by the City of Corpus Christi For liability ariaiag out of operatians.under this contract. I. It is understood and agreed that fire inatuanoe required is in addition to and sepmate from any athor obligation contained in this contract. NDTE; The limits aad types o1'cover~g~s are subject to adjustment iFupon revferv, it is determined that fhe actiivlty requires increased levels and types of coverages. 7A04 Caaunbu= t~ilingAueeial[on -NINA rcpilr fns. req. 4-bt-09 eq Risk M~ Such insurance policies shall not be cancelled, materially changed, err not renewed, without 3D calendar days' prior written notice to the CITY. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the CITY, and copies of the insurance policies shall be promptly furnished to the CITY upon its written request. Failure of the CSA to maintain said insurance for the term of this Page 8 of 16 Lease Agreement Re: Nino AGREEMENT shall be grounds for the termination of this AGREEMENT by the CITY. BENCHMARKS AND TIMELINE: At least 15 calendar days prior to WORK commencing in phase ^ne, the CSA is required tv provide repair and restoration benchmarks {hereinafter "benchmarks"}, including a timeline, which must be approved by the CITY prior to WQRK beginning in phase one. The benchmarks and timeline will be used by the CITY to measure the progress of the CSA in phase one. If the CSA fails tv meet a benchmark within the required time period, the CSA has 9Q calendar days, upon written notice by the CITY, to cure the default or this AGREEMENT automatically terminates. PLAN FDR FUNDING: Within 9D calendar days of the effective date of the AGREEMENT, the CSA will provide the CITY an up to date itemized plan for funding with evidence of actual monetary commitments or materials that will be donated to the CSA for the repair of Nina. PDSSES510N {See page 3 for definition}: 1Jpon submission by the CSA and acceptance by the CITY of the fallowing, as are more fully described immediately above: 1.} Proof of required insurance; 2.} Benchmarks and timeline; and 3.} Plan for funding, the CITY will provide a letter to the CSA indicating that possession of the !Mina is granted and WGRK on phase one may begin. Possession shall not take place and WORK shall not begin until the CSA is presented with said CITY letter. ALARM SYSTEMS: Fvr a period of one year following the CSA's taking possession of the Nina, the CITY shall pay all costs associated with the ^perativn of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill. At least 3g calendar days prier tv the one year anniversary of the CSA's taking possession of the Nina, the CITY will notify the CSA that the CSA shall begin paying, on the one year anniversary, aN costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill, while under this AGREEMENT. However, the CSA shall immediately upon taking possession of the Nina, be responsible for assuring that the fire detection system alarm and Page 9 of l b Lease Agreement Re: NrMa electronic intrusion alarm onboard Nina are activated following periods during which WGRK are performed by the CSA on Nina, while Nina is moored in the Corpus Christi Marina. MOORING OF N11VA: !Nina shall remain moored in her current location free of charge. However, a month after the completion of phases one and two, the CSA must enter into a lease agreement with the Carpus Christi Marina for payment of slip rental fees. MOVING OF NINA: CSA shall not move Nina without prior written consent of the CITY. HURRICANE PLAN: The CITY Hurricane Plan currently in effect for Nina will continue under the supervision of the City Marina Superintendent. To this end, CSA shall keep Nina ship-shape and ready to be moved at a moment's notice in the event of an approaching hurricane. ASSISTANCE OF CITY EMPLOYEES: GITY shall provide one employee, the marina maintenance supervisor, at times mutually agreeable to CSA and the CITY, to assist in coordinating activities during the repair and restoration of Nina. The Corpus Christi Museum of Science and History carpenter Curren#ly employed for repair and restoration on the SHIPS in dry dock, will be available, at times mutually agreeable to CSA and the CITY, ^nly for assistance in coordinating activities regarding the replacement of the pert and starboard cap rails on Nina. If the position of marina maintenance supervisor andlor carpenter becomes vacant, the City is not required to provide a substitute employee. SHIPWRIGHT: The CSA shall procure a mutually agreeable qualified shipwright tv approve and supervise any structural repair and restoration of Nina, and shall pay all costs to have the structural repair and restoration performed and completed and to return Nina tv navigable standards. MARINE SURVEYDR: The CSA shall procure a mutually agreeable qualified marine surveyor to certify that the structural repair and restoration is complete. TOURS ^F NINA: CSA shall not permit an board tours of Nina without the written consent of the CITY. Only people who are actively engaged in the repair, restoration, and maintenance of Nina shall be permitted on board Nina. Failure to comply with this provision is cause far automatic termination of this AGREEMENT. MUSEUM SHIPYARD: The Museum's shipyard, in coordination with the City, will be available to the CSA for the storage of materials and tools, and will further act as a staging area to prepare material for the repair, Page 1 D of 15 Lease Agreement Re: Nina restoration, and maintenance of Nina. The CSA will provide the necessary insurance for performing the repair, restoration, and maintenance of Nina, in the Museum's shipyard. The CSA shall not permit access to the Museum shipyard without the written consent of the CITY. Only people who are actively engaged in the repair, restoration, and maintenance of Nina shall be permitted access to the Museum shipyard. Failure to comply with this provision is cause for automatic termination of this AGREEMENT. The Class Ix storage shed located in the Museum's shipyard, will be made available to the CSA for the storage of materials and tools, in coordination with the City. CERTIFICATIDNS: The CSA must, after all repair and restoration, of !Mina, is complete, ^btain certification from all necessary parties, including the Coast Guard, that Nina meets the appropriate criteria for all certifications required of the CSA for all activities involving Nina. Efforts tv secure seaworthy, static display or other appropriate certification will require additional funding. All costs will be the responsibility of the CSA. 1Nithin ~ 2Q calendar days of completion of initial repair and restoration of Nina, the CSA shall provide a list of certification requirements and the cost to meet Chase requirements, as well as a timetable with benchmarks to the CITY. After restoration and repair by the CSA and the acquiring of all required certifications, CSA will maintain the Nina at a level whereby she shall maintain all certifications at the highest possible level for intended public access and use. End of pro~isians specific to Phase Dne. Page 1 1 of 3 G Lease Agreement Re: Nrnn Warranty The AGREEMENT has been officially authorized by the governing body of each Party, and each signatory tv this AGREEMENT guarantees and warrants that the signatory has full authority tv execute this AGREEMENT and tv legally bind their respective Party to this AGREEMENT. Release CSA, vn behalf of itself, the CSA representatives, their respective affiliates, directors, officers, shareholders, members, employees, volunteers, agents, representatives, contractors, subcontractors, consultants, authorized agents and authorized representatives, and their respective successors and assigns {collectively, hereinafter the "CSA PARTIES"}, hereby releases, waives and forever discharges CITY and its affiliates, directors, officers, shareholders, members, employees, agents, representatives, contractors, subcontractors, consultants, authorized agents and authorized representatives and their respective successors and assigns {collectively, hereinafter the "CITY PARTIES"} from any and all past, present and future claims, known or unknown, that CSA andlor the CSA PARTIES now have, may have or ever had against CITY andlor the CITY PARTIES arising from {a} the physical condition of the 5HIP5 and surrounding work areas used {hereinafter "the property"}, including, without limitation, the lay-dawn area, or the other property, {b} the failure of the property, including, without limitation, the lay-down area, ar the other property to comply with any applicable law {defined below}, {c} the presence of CSA or any CSA PARTIES on the property, including, without limitation, the lay-down area, or the other property, {d} CSA's or the CSA PARTIES' exercise of the rights granted in this AGREEMENT, yr {e} any default by CSA ar any CSA PARTIES under this AGREEMENT. CSA specifically acknowledges that CITY has made no representation or warranty of any kind ar character in respect to the condition of property, including, without limitation, the lay-down area, or the use which may be made thereof, and CITY hereby specifically disclaims any and all such representations and warranties, express or implied. The release set forth in this Section shall survive the expiration or earlier termination of this AGREEMENT. Indemnification CSA understands that it is not to enter into any AGREEMENT with contractors or volunteers {hereinafter "CONTRACTOR"} for completion of WORK unless and until the CONTRACTOR releases and agrees to indemnify, defend, and hold harmless CITY, in the following term: CSA agrees to uncanditianally indemnify fully, hold harmless and defend, at CSA 's sole expense, CITY, its parent, subsidiaries, joint venturers, and affiliates and its and their agents, officers, directors stockholders, employees, representatives, successors and assigns {herein collectively referred to as "CITY") from and against all Page 12 at' t 6 Lease Agreement Re: Nrnrr IiabiGties and damages {as hereinafter defined? claimed by CITY, the CSA, and their respective subcontractors ar third parties, including but not limited tv all the employees of CITY, the CONTRACTOR, and their respective subcontractors, arising directly or indirectly out of or in any way connected with the performance ornon-performance of this AGREEMENT yr WORK or operations covered or contemplated by this AGREEMENT, without regard to the cause or causes thereof, including but not limited ta, those caused by the actual or alleged negligence, common law, strict liability, statutory liability, absolute liability, vicarious liability, products liability, gross negligence or willful actions, or otherwise wrongful acts ^r omissions of CONTRACTOR, Contractors' subcontractors, CITY or their parents, subsidiaries, joint venturers, yr affiliates and their respective agents, af#icers, directors, employees, representatives, successors and assigns. IT IS THE EXPRESSED INTENT OF THE PARTIES HERETO THAT CONTRACTOR INDEMNIFY CITY FOR LIABILITIES AND DAMAGES CAUSE^ BY THE CITY`S OWN ACTUAL OR ALLEGE^ JOINT OR CONCURRENT NEGLIGENCE. This indemnity does not extend to the sale negligence of CITY. The obligations contained in this section shall survive the termination of the AGREEMENT. The term "Liabilities and ^amages" shall mean any and all {i}obligations, {ii} liabilities, {iii} personal and bodily injuries of any person {including, but not limited to death), {iv} damages or lass to any real ^r personal property, whether awned t7y CITY, CONTRACTOR, their respective subcontractors andlor any third party, including but not limited tv {a} buildings, facilities, goods, toots and equipment {b} crude, feedstocks and products, {c} intellectual, confidential or proprietary, {v} damage, Ions, contamination or adverse effects on the environment or natural resources, including but not limited to pollution and public and private nuisance, {vi} violation of governmental laws, regulations ^r orders {vii} penalties, {viii? actions, {ix} lawsuits, {x} claims and demands, {xi} liens, {xii} lasses, {xiii} settlements, {xiv} judgments, ^rders, directives, injunctions, decrees or awards of any federal, state, local or foreign court, arbitrator, administrative yr governmental authority, bureau ^r agency and {xv} casts, expenses, interest and fees including, but not limited tv, those incurred in enforcing this indemnity andlor mitigation of Liabilities and Damages {including, but not limited to, expenses related to attorneys investigators, accountants, consultants, expert witnesses, and arbitration or mediation} relating to the foregoing. Any modifications to the foregoing term must be approved by CITY. Page i 3 of 1 b Lease Agreement Re: Nina Qral and Written Agreements All oral ar written AGREEMENTS between the PARTIES relating to the subject matter of this AGREEMENT, which were developed prior to the execution of this AGREEMENT, have been reduced to writing and are contained in this AGREEMENT. Entire Agreement This AGREEMENT represents the entire AGREEMENT between the Parties and supersedes any and all prior AGREEMENTS between the parties, whether written or oral, relating tv the subject of this AGREEMENT. Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this AGREEMENT, then the legal limitations are made a part of this AGREEMENT and shall operate tp amend this AGREEMENT to the minimum extent necessary to bring this AGREEMENT into conformity with the requirements of the limitations, and so modified, this AGREEMENT continues in full force and effect. Immunity not Waived Nothing in this AGREEMENT is intended, nor may it be deemed, to waive any governmental, official, or other immunity ^r defense of any of the PARTIES or their officers, employees, representatives, and agents as a result of the execution of this AGREEMENT and the performance of the covenants contained in this AGREEMENT. Force Majeure The term "force majeure" as employed in this AGREEMENT means and refers tv acts of Gvd; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. lf, by reason of force majeure, either party is rendered wholly or partially unable tv carry out its obligations under this AGREEMENT, then the party shall give written notice of the full particulars of the force majeure to the other party within 2fl calendar days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but far no longer period, and the party shall endeavor to remove ar overcome such inability with all reasonable dispatch. Page 14 of l fi Lease Agreement Re: Nina Na claim against the SHIPS Nv claim far right of any kind as against the SHIPS, namely NiPia, Pinfa and Santa Maria, may arise or be asserted arising from the activities contemplated by this AGREEMENT. No lien of any kind or for any claim may be placed against the SHIPS by any PARTY, CONTRACTOR, subcontractor yr other provider of goads ^r services. The CSA shall not permit any mechanics' and material-men's or other liens tv be fixed or placed against the leased SHIP(s} and if such occurs, agrees to immediately discharge neither by payment or by filing the necessary bond, or otherwise} any such liens which are allegedly fixed or placed against the leased SHIP~s}. The CSA reserves the right to contest with due diligence the reasonableness of any such charges or impositions against the leased SHIP~s}, and the CITY agrees not to interfere with such contested proceedings yr otherwise to declare a default under this lease due to such proceedings. Costs of Puhlica#ivn The CSA shall be responsible for payment of any casts of publication of this Lease Agreement as may be required by the City Charter of the CITY. Natives Any notice ar other communications relating to this AGREEMENT may be delivered by: a. depositing same in the U.S. mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this sec#ion; or b. delivering same, by hand, to the party to be notified as set forth in this section. Notice given in accordance with a. herein shall be effective upon date of receipt, as indicated on return receipt. The notice addresses of the PARTIES hereto shall, until changed in the manner of giving notices as herein provided, shall be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Carpus Christi, Texas 78469-9277 Ta CSA: John Torrey Columbus Sailing Association President 7253 Yaupvn Dr. Carpus Christi, Texas 78414 Page Z S of 16 Lease Agreement Re: Nina Amendments a. This AGREEMENT may not be amended except by written AGREEMENT approved by each of the PARTIES. b. No officer or employee of any of the PARTIES may waive or otherwise modify the terms in this AGREEMENT, without the express action of the governing body of the PARTY. c. The CSA shall notify the CITY prior to making any change to their name or the governance of the membership. Captions Captions to provisions of this AGREEMENT are for convenience and shall not be considered in the interpretation of the provisions. Approval This AGREEMENT will be effective upon execution by all PARTIES. EXECUTED IN DUPLICATE, EITHER CQPY OF WHICH CQNSTITUTES AN QRIGINAL. COLUMBUS SAILING ASSQCIATIQN 7253 Yaupvn Dr. Corpus Christi, Texas 78414 BY: John Torrey, President THE STATE DF TEXAS § COUNTY DF NUECES § This instrument was acknowledged before me on the , 2D1Q by John Torrey, in the capacity herein stated. NOTARY PUBLIC, STATE DF TEXAS [Seal] Page 16 of 1 G Lease Agreement Re: Nina CITY DF CaRPUS CHRISTI, TEXAS 1201 Leopard Street Corpus Christi, Texas 7$481 r BY: Arrest. A I scobar, City Manager w~~,araoo ~~ `~' 0115' SECR~rARw THE STATE QF TEXAS § COUNTY QF NUECES § ~Lv This instrument was acknowledged before me vn ~Ft~r{ ,-2$~9 by Angel Escobar, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. NOTARY P BLIC, ST E ~F TEXAS __ HOIiY~ ~' Boni Exa~t:s X24, 7A1P bG-T l~ ~ ~~0~ AUTHgH~[f~ ~ CWI~FCIL ..~~;7 ~ D ~~. SEC~IlI~- APPRQVE^ AS TG LEGAL FORM, TH15 02~ DAY OF ®^ ~~`''~J 2a1d. FDR THE CITY ATTORNEY By. ~~ ~ie~ ~~ e rah Walther Brown sistant City Attorney Gity Legal Department ~~ w~rv,gI761PLrt-t~r~~tAE~rr~~,cam e•!f'l6N~ tik~Ec~rfixia[andnierlna.~tim ~~#~'~GY9Fi~ ~, ~C~Ii~S~Jii'Ai~i"8 t'trHr+Q arm: tGOa t:~i ~a~, ts~rangs,, ~rx ~e~~~ t3apLR#vnurKl L,. ~rARil~al ~AIJ~.$IYIOIAM~~ NAN1s•~1AS ~farfexar~ii~lvushun. ~ @4x TAT. l~al~xo~ac, Ti{ 7769 ~ ... ~;~ ~ ;~ ~, 1: ~.• ~`ar~aus Ci~ri~ii lvtu~vrxrs~ 4i"!3~sctrr:is u~rd l<~iist~~~ !~[~p Nar#1t GI#ttlr~rt~tl ~;~~rlxus t~i~ri~#!,'i'3~ 7it~~f ~~ ~,i 1~S:C~ylU~I~D AiNllus ilFIVIiYG3'L' Attrx: ifti~ic ~t~yk~rf t~:r~su~ir ~. C~Q-ISifJI~`l(}4~ ~~11J R~A~i~~~~~1 ~~ ~~'i~~~~fli~~ K~~~~~? '1~'~>I'ar€ #~ 7~k~fEi~Ti[~ ifent t~ia nn~ia~ai~rarj,hrlutrtne ~utv~r~ra, dfd on ~5~~8 l~~tunh ~U~B, s# tha r~ug5t cif itLak ~itcr>~re:rs; n nd RDr;h~ nuurtiurt w n>I't~1r~ C~+ a~tkir ua Christi Mu~a~~~rt ~-f .~..~,~.,,.~, s~ciene~ ottd ~Il~ireyy, avrrd+sa~ ~~ intirrn o~t~~ aub~~at ~vua~l reltli~ ~t'u les't' ca!}may ~~Eilth raravefa tv1i1la rt was ly1Er~ a~luuit at tha ~~p-is {.",~rlnil ~ul~~fitia i~ti ~?alw~ L'l~ri~fi, #'X, iri uralur• ~ vvt#I~nte ire ~trtr~aitt~t+t~ditto~ txtid mnlus xt~ ~ssa~mettt ~s~'tlia ~e~ssttl~ n~ni~~ kL, L, f i+a~na1, MrrrJno ~u~auyar d. C:., ~iuiTlldC, d>•,, TVlnr~r~v ;~tir~ru~ar DRtfi~~~l~`t`[o~1 t~~+ttarrhtp: City uf'~t~ ~:~~•[ati,'d}i: ~iVl'1~11##f +~~f485~: l~il~ ~c~tlff ~:i1Pl~}ixN~4~, ~+U~i!4 dvhTi4tll, ~`}( ~$~~~ a$°~ ~Q~'iclrtll~Tat ~t:iD~~3~l5 ~(;r~uHK TatTMna~~ 57 ©uilsl in 1 ~fQ ~y; ~-raa~trtf 1~I~w~1 il+tdliita~. Cartag~~s, ~-p~Iit 'I~+pt~~ t1a~i[a~ uP~3~oai-fu1~+~~vai l#~r~d ~.attgti~: S~ ~' ~f.a~~gtlt vu tle~akr 74~ l~t+eadtlt: ~~' r~>Ir~~ ~ ~ o~ 17~iKpINo~+~aitilt i A~•1t~r~ lu;iw lulont~od :','mrvic.'e: Metaeutif strt#ic: dihplay t;sas ~tr» A~. tl~lri~ rt8eri~~r ~ru ula~tiu~vrr~ ur c~c~1~r~Aeart~dua'lrq~" ~t~~-+dy, brr~ ubrstl'N~,~~'at~ C.iS'C`ia •°~i~rKtMN1 pnnvdarvct- ~,~ u~~a1~r~ 2"nrpr~s ~'~•,~~ l1~ir~urmr trf ~S~M.rrc~ t~rrv!'~lataF;w, ~dlebrating ~t~tte€Ci~Mluus Svr~ct' Exhibit A ~. ©IxlNee~f inuring Rsport liar d9D~4'~~f,;~,; ~'urrtlE}lpn ~nr] rlsrvasmtnt ~frte~uQu itepr~v~ t7~iltrll tA4~ ~~~ z erg S~'AP~ ~~ ~+iJi~1~.Y ']'~~ pur~v~sa ~~ilda u~x~w:iEus~ and ra~r7 is ter ngse~ the ra~trK ert[d [aplsa+etuerrt~ Cr~sa;r~nr} to t~rin~ ~ vo~isc] #a ~ ~rFe curu>iillcrn nn,tl itt~iatlvr~~ppam~urrw fbr the ~c~'+me+tt o~r~ueeirm vlsit~ v~hila Epln~sed a~ltar+o. It i~ rFr~t inlanrlrxiisr provfrla iirlt~rr~~seion ran fire rt~~#t~ litnt wor~l~1 ba itii+vasrary to iarltrg 1it~ va~,~,:3' ce a ~nttditivn tuitrtkrls ~,r any actl.~ikfi~ n~losrt, TV~t~sol ws~s lnsp~led v~itiie~[~o~t.~nly. Hull ~Ifir attrfax~ nrtrl rrrrc6rrrws~lar. rnacNlllery rrrtcl It~tiYlw~ ~+jeret+lC~'{' Ira, A ~rrga ytrnartity of lead pig u~x1 ~a F~dlssl era ~af~ee;i irr lhex bi 1 freai, baw tit sierar pr~~+an1iE~ a~qg tv i'rsmea and plsrrkiny~ IK:faw tl~c feolCl rieak[n~. Leak iiasrd~ eelit~~, IrartltYOirt, innks, #rll~k ~ le~~e ~mtisran>i~i'ttigt~i~et~.t iu Ilts ~ulcl, on ly ttt~aui ~~ pon~t o~tlua ituf i ti#t~ltn~ and 1tr[erio3' 81~d'~'d4d ~6i~116e rlbrocvrr~. I.oa~kark CrJxlipult~inBn1A nr allaetwle~ l~c~bb et+o~ls ~rcw+e oat irr5pc~s:#a~. #laaags tv aQr~te a~ wtrr! limiter by ih+a ur~oi~s onied~tlva ts[deoka ar~rl f~nndrail~. Thiw v~roT ~vtrs Stead w~tlirJuue~irava~gv~p~ p~rt~ lr~~t}I~~ kiftirt~ liaor rngterr~a~, saraw~ br~l~ nr ~aRal~, #ixt~c! pQrrtilirr~aa, inatnur~enta, ~Lt+r~aa, spans portls arr{i miaoof~n~naaus msmariafs inlf~ ~il~as ice. i~iCUre, ar ntlha~~ pxtd ar ssrni-flixcxY CtanYS. ~aarrs ~xrd tli~~, ~.~ vlsr~ll~ irtad f#rcrrrr n~ ~eebc. ~uii~ ~veme ~eut inx~t~r1. Ala ~Ietarml~rntiwr x-f ~tnE+ilt#y a~tari~otarYstli;~~ ~s- irfhcrtsnk s#rr~et~irttl i~t-~c~Cty ~ lr~, m~a Sri nc~ ar~sl~i- li« oaspr~red Riaretcr. '1'~[a:urvcsy xsepdrt raprasolits 11:a g~ii~l ~anrrrl~ti<nn of the vcseal an flu, ~~ of inr~~lon sp6oif&td ~]t~nra-,and irQ 4rfl unbias~ti o~1~iQrl uFtha ttrrdereigRC~l, [t pr4~tdaa ire ~~ ~iF~e ~n+py~'~ ~4ni(~iCIMi di! ~ I~tQ~ ilat+C. ~`h1S mart Is q,pt t~l l~0 ~s~idared: ®n inYSnic~r r1r ~ wsrr~rlf`Yr uilhor'~p+~ltiuci r.+r #rrtlr3iex3. ~~i~~~~ l~tts~ti~ ri~ua~uin s11sp1a~ l~viAgef>ast slrm~da a am~[+et~ pies, Na a,H Isrtdplr ~e gitrx~w~+, l-~rx dppY4v'ad olio r}bdvAs ~Rla~s slot ~pe~rilrl~. ~~t[~v~ aP 13'x' aantr~ry #iparrlslt earna~ Ali#It to s#~uttlnle ~r+e at~:a~tvrise94s oY c:~ri~~ti,4~ ~~i~irii~ti~ ~~p ~~l~a+~ ~.~ nsrlt~y ur. the enuld lsv c#~tmiawd Nt tiEr~ tinr~s ~~'a~tatructian, i~u~j, c]ispl~aama~ut lyprs liu~ll wlti~ r~un[lad bMtorrr. lYhnrp ~rll haw wiHi ~surv+~d i ~ti<t is msrd~mlely ram in lkmn4'ustt rising to ~rticaY nt iiarrl. Land ~trtii~lrt kur.+l ~rr{,r~rtedl~ and Yily rflkeel starn~gl witlt~r~tlrtwi~ed nrdslur. Cr~r~~oci r-itlas k~ilh as~nca~ sttCer~ asMl ttwn~otit skim, .` ~isabr- ~. ~~ ~r~d lwtt gtr~a~. [atrtot+nd Mrrr~ae Rktwrt Nur 0f1,(~114~Y'rG C~il~ii#un onil ~1~sart44ni ~ifti [tapers l7+~Rrlt~AlF~ 3 r,F~ ~!~-~~~~~ 1 1 }~1ki ~tll~liC{~ ~fl~e~iSt~R rf~~t~~a}rwr,~rjti1. ~uy+1=clF rs~tsiecyt~-L~alf sl~4k~s,pEl~, A13upE~warlcs~y Wt IF1B1,6 d~ttil rlrllEl ~F3~i -~~~F ~WW')IW~~i Vtl3 O]l lc~lt~declca i~ssroinv~tli~~ 1t11'r1RbSA51 s~utt K+€!it yi~rds far aifF~lss wyauru ~~#!~. iH.i~ant~ta~l W1tk1 ~A1Yi t~Y j;1!$dn sriii, 13aev~pr~it upj,oret,t€~ HCt ~ gfn,~lp Si€itA69 ~[Ftl, btlt,yusx3 ,101 aur,~itily r#e1. .~I~~~, sDiin,:,,ml,artmC~t ~~>rtk,~ng ~ ~ ~I--gtv iwr>;E Ess~tos~ ~ >h~u+-I iy ~,st,be~ed ci~nk; with ns,n-watort€p~Ft partit€tgts} Ans# ls3cls„er~s. 1.~. ~1 p]~t~ed +~~ t~u~no 1r~ming system ~sa~ Nitta ~~. t~€vnking i~ ~~ (~~ ~t,~l~v~~ s>«ppErox4-n~tsy+ ~ 1~" thir,~ ~flrctat~s~# disnstrtsisx~, FI~„tir~;ix rrl' 6}~i ~ni1 cvn~rcretesl ~P ~vrn li,llac9cc ~ourved 0v~c~t'~appi,n~B per} up~ rcrn. ~'" x 7" vn appt~rt, ~~" ~+orttertl. Y;b~aic is ~ l3~'' ;x 5.1t~° (iiscilth~d ~iirrte~Fafs;ln) gl+rv itl~[11~u~, s'!'ret sit lsuscrnst eippraac. 5" x 8" 1(~if~h~d din~„~lan}. Wtrltr~F elYist~rsy Ititouc, ~lntl riti+~+r ec~ntlt~a ~r1:'ua,tt~thltadint~,eistrts. ~iriitea,lu~ga~ nrul ~ittis~ m~st~ lE'~stt ~~ hse,n trem~,v~ t~~rrr huli tss"palclea~tul sr@~etatpr,sR arrsi ~m~ tinllJact~rv,>~ ~i~ttr~ti,tg ~ trr+e>,~+-arive ~1li',ed. >(~sf lark is tc+~ ~rlgs ~v~d in !ha 1~i1~, e~o,rw pigs sass aa~r;t3+e~ to I~l,tuss. Ttte bi~~c runs c~v~srod ti+-iih lat;~ plp+rnnsrd r1e~1c pletex ~+s, ~rs»s~ ~uattrig. 'l~,e >talt~ actnt~ins p~ liat,d ~o~np~iirr«,~, tc,ekar~, er,si mn~#tinety caves,. Mgs# w~ ~urttto~ I~elow daai:~ ~'sa t,arfi,t~cf~ Mse1~ era rauttd rrnuvd~ eh~Fptfd vv~oasf ~c+u~1a~ ~r r~+~nr~os,1~ wl~ clElatittg Wirtpe ~ det,~i~ ~~. 'C~ltmy s,ro eltraolks~ with w„ud we~~ i>e t1~ ppst,ts~y ul ll,a da~ „~! itttva s$quurw~d 6+>'aof~ tide is ~~ n~vat ete~ on 1'r$srrsG a~,1 he~r~s tEola~ ~ost1F. '~nedt i~ nsm#jd ~ftwa 1vpeE~d v~rttoti npgrrr 0ver~rpp~sl at gtv bc~ttrt eruct I~>nei<t wi~- ! Iixta. l~iing iv Matti, nettrtnFi and syntYcetfc ~~ tltiso~ >atrnttrf tiny. CCullrtpJ~e~ ~k nrhs~~t#irtgi nt~ atael. 1ki-!s, oh~ks, t'tws~ring ciee~i ~~. of vvr~ ~lnrgol3+ 0®14} !dl ~~tttlr~~a L1~~id0E ~2.0~f [~d9d11'k1~i iI]~i ~lA['- llIW1 ~UOI~DI!~ tb,'11~1CG118a0 ~~. {}70 ~11AY1~ #~SkW g~teratarststrlF itEg-vsttt gtiui~pnvvarttl~trlee~ vyAta~tt with nrtnlq rte! and xl-ini>n~ a~ elt4 inaisti~l. R~~L]MM~i~T~)It 1Ri~iFAlbl~ l . anmQV+$ aasi tar~p~tiua,rsirali-ncdsming dngi~, ~rw, veal ct,rucwr, wtrlralt ~ fn very {,astr s,oi,dfitlorr~ uo~f~erarttaitata turd rlu+tr,u;t #>~n hitatnrlis~l ea~suracy afttua i>upl~ru ~lriauw;t~. ~vmtat~a asl9neintcd ~iepxmtt~, ~a~+ce9.1F,~>!~. piping, dlttti~ru.ll~, tArirltlg,. lttt~ f'~ititeri~,. I~ata~, ; anet sS~l~ppln~ ttld~. ~iafolan~iMArfa~ff~o~a~Nos ~1lma+[:~ CondllianaEid ~g~n:~n~n1 of {V~.1nl !lgwefn+ t7 ~l~ir31 ~D]!B Pam d rrY ~ ~. ~~~riravatha4~ruaif+"' nlrx~trical g~e~#~r iit-t ~~nstle~J !br pt~sxuat use, r~t~tdrt~ a~~ntinu~! rr~afnt~ifatt~, aud~trtc~~al~b taam #~lsto~ic[~i uu:~racy;~f'tir~ r~plEae, fuit~ fs~ ~akVa~aabl~ f]€ar o1h~r wot{. ~etm~v~ru~c4uigl~r~ ~~~rpcrr~ie, v4Y~, ~fiEr~, pfpfat~. #l1er~*sxaliS, wiC~tti,$r ~IIlli ~~itarin~. 3. ~1i~r t+81l14V~4i At~lIJ014hiJ18C~+~t~ irGrtly~]eHutl of hull and dwalc ~~Airg, haYC~ tlt~ r~n»ifatir~g wlfg6lriG~~ $;(Bt~tL1 auflluatnclp by a marina oteat~~i~lao. [tap~ij~ ~ rc+~nee wa~xb a~u! ~1a to meet N1{[: nne! ~wnar:4 iw~uframe~+te., He~fte~er~Ar,~#~gc~rutdr~at ba c+fl~1,~ r~t8peoret~ rV~!!~ y~rrl. ~'rrar~if oN ~ #~Ayhe~[Jio~e ~I~i~~+,RT~wa~xrrla~lf~ex~r~ ~-o~dd ~snnr~ r~xe}~ka ~r#+eur mwrla!]~'r~'l~t, ~T ~ r~a~rb{~tt1 ~~~~iFl~ ~la~rrhf or~~i~rdf~r~an~~r~' ~~e ur~at4r Jir~pa?r~alrr~' f~ A'ara S. ~ay~e ~j. 4, l~~t$r 4wtnlia~, ee~Ja blax~t {paa N+~t~ t::~ ~ntirn huEE Aur~ao ~ ~t~ ~a~s a~ ~tcrbEu ~t~iflioutian of dutBetoratiatn nat visl8~te urttIet p~i~H rxantir~a. ~. lai~nn! alb t~+~nfiq~a and r~pf ar-y E~s~ ~r stoihv~ty~pled ~~enlt'~1G, Reply ]ease ~ mii~aii~g bins c~v~ Ca~rict~e. fi. ~4tfipr rcpaite tv c~tcrf w~n~t~ ra•cae~lk afh aennta atft9. rrfitiiielt hr~fi~starF~ve to maut o~~rao~''~ ~vsr~utrumc+rrt~a,. 7. It~mo~uo rill ~r~i ~irtii fllitin~s ~see~# arui ~ ~ot~~ Rnpiacc ~m ink std piankiaa~ ia- ~~py csE'rat~ved tl~ruatar, ~i~r~llk, r~rK1 ntltc~ f]#t1~s. .!#. ~tea~n~r-sk ~ncl rtWdar ~ihtinka~go crnckR (pnr~ and sitlrbd~lyd~ p~ 1~ tlll~ and ~~ired z+ritl~ prupc~r ap~xrr ~€~mpt-~tnt0 a~aci ~~iathed to ~rrnesl ~s-rrne;ra. c~uytrrFrcvn~nlfi ilph-ttW 5~. Farad ~~11as~ ~ Adl~e~r~l+vrtr ~a~ w ~[ (P~r~~n ~!), n~r,~~ry, ~-,~ nt,~, aruJ~ at Ipt~ emarr'~~~'a~'ox~s ~r~~Fa~rt~aremm pry ~r~~~ ~fe~a~r! in~~ai~~-r f~ f+~,ra• ~ ~ ~h d~rt~r~rraaed ~giro~ L~ taregrau~r~~, t~nfasa, and afhet f+~[rfa~ba>itnd}~ whf~ pr~~rerttied ~uli h~l] ine#~sr~lion~ ~hvt~ d. f~nad f~1~L fnam ro~~p~ to atarn pr~v~tt~rl inapectiion of f'nm,~ In b~~~a. ,- ., - ! A~[xielnr~d hiptli~o Itffpori i~to-~ [#~D~UT~~[' t~ntlitlan pad,ir~era~tr~at afN~de~ l~eps,irs ~~~lpra [ ~'.eRe.g o-f4 ~-. It~mw~ all fittl#~~tt, ~~tnre~, bwtshiltg, nttrl atiter c~gti ipiif[~il. Sum 4rluvt lu r~rifpwr ~ttfnt, r11et, andvniEde~w. ~4fb~rr~tttns+aln altd guliA ~lEl~t~rl~„ tllC~iR'~tl~Il ~}' ~I~pC1'•[ alit ftOt[ll#]1~. i Q. 9t~ntirr-~o crava hc~i p~r~ittcia~ ni~cil ~ceor~arics; r~;tt~n~ k~ '~r~~ir«ta#~~ c;cESii~rnkta~~, 11. $hrln ~od[~ wit#t si~uli~cant ~parat[a~ of'ateuatura to ~rrErt and atartton><xi ni ah;r,rlprt~st r<ifrt~v p~~tdini#~ ~.slb>~ bcfyi~td ~~neretnrF ~ Phnt•~ 5~, inspect ~~.ta#'ully nAGr rcmnv~l n! ~are~t~-r and ra~ir x~+ netgrairrnci. 1 ~, ]be~+][ta~ Fr[u~tr~~ ns ra~:~ in w~aE,y cif r4~r~x~~;d mtza#tincr,~, 1~. Main dnuk alruvkur+e - +~r~.lg mianr!t$rlnk~v ~r~r:ks ittrted itr iaeems ansi onrituea. 1lihor carnvv~l oi'dakerloruR~t+.i~Ck piankln,~ inapt ~ dtwrrru~ not onrr+crttly v~(bly, 14. 1V1aln ddck pltdtkiat rEp tii d wikh r~,t and ~urrdarcx~aratipn (scc i'iivta G}. Ic cnulkfiat~ b.ac]ly detartotnte~ i}t~rq~uut. Soda ihir~xk'~rti~m~va mintn~ ~atnt, d 1~t, ~tt~ itt#Idew. Iir~ktllr~ A~' ~]]~tt~tg sknr~L~g ~I~r~ ~f risl, ~~,#u~x: rnl~sin~ hetn~, a~ts1 1'~ ctwllr all r~ea~ seamr- 1 ~. I~prw~ar[I tuns vft >hu[wii ailn~ have ~rt+~ar~lCivi~a artd ripals ref Wit, lns~aots~o~romav~+~ aH~nndiirwg, der#c, ara3 r~air ua r~quir+nd_ k fi. F~~ou~atR+s rlonk ~i~'{an~as ] 5' wEc#i~x 9' t~Et~. ptaerkirt~ #ta poor t~rndFtirae, rll k~ iae r~tt~vueL 1na~mit Rtruoh~r~r ~laa~tin~, auti #~IQnlcir~ ~ trirrrt~c~. I~cua#[•;attu~tw+rb es -'~la~i re~lu~ urrd x~ulk de~uk pfenkln~.. ~{rlia~daStari~tmvA big, krre~s, and c;ieat~ ae mi'ig~aa 1, l7 I;<flif dWk (+~p~rux. ~i' latex l ~` wido t~r+rrarci, l~` v~r[de nt ~te~rt~, ~'aa~i[isam4tn diiri a«d rnitdts~ pan faem~, c~srllnas. il~nging i~neea, end ~v[tna~ ~silplvaetiital~ 3tarlilyd~;h (sue ~"!to?ro ~, ~Cla>im !~ ~nda bl~tinjy l8. ['[N] F-deck ~fuHlrltt~ is! ~itr cnrtii3k#nn, RI1 t~ Ira somaYcd. l~epact ~ruata~ ~fterr a1a~i[tg t[ttd plr3nkittg is ne~ttnveal~ Repuir ut:rr~aturn as tat! uitx~3; resptuuv nn[i. nsruik clank ~IankingY t!}, ila#f~dectc a~tttchiat3s ettd-1[at~t[~#lg to ha i[,x~oEcd tit~sr ~ti~ hfuatin~, rr~alr av. r~squintitl (cad trn ~nlf-dQek t~i1 I~ beet wap#a. 2U. Fiuiw~tk ~frentcing nttd ~ivta~~ ~~r~ib~ in batter tstfn~litirin than 4~C1tciE•{:~lum[ttW tltips, In~~scet ~uiv,~trl[ frny~Tiaa attzr sSrdn. blt~tlt~, it~~Et#~ [t~ Eau#~d. ~k. 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R~plawa +~~ dri~inul. rat ~~', E:rsvide rnntps. ltut fix, ~an~J Wq~c~dr~i~g, ~ neeessruy Pur yuPwst~- In nrc+nR aaC~3as{L~a to 11~ puirllc to i+t u~sl+lic~hly ~l•IA ~~ ~I}IJb~fe unal,lttarturnl atan[ti+,t+~, Pi~otrJde ~~~~ la pr+~veztt pu13i1~ tb.a~~ir~ad a,~4, ' l~~ra~s ~ Mbin eltr~uc~ ~Iw['vai ~nr~+ i~tou~ an yak qyo lbail is aiatbsP c~iapteteiy wast~xl My Tuxt:. r L PJso~r S. ~a~wdiiti'sPe~liy pe~alr~t~+L"~ Pnbd ro[ tEn Ms~et, ~ikxietara~f islartr~~ t~ts~r4Pt 1~~: ~ift~DR4~:•L: {'~hnt9ikhFn an~J ~'It+cWRmentgf ~RrAe~ 91,vpRird i~'.~1rrEa ~RBR Pale ~ ~f 7 N[)TES: ~, l~Itltv~git alri~enfil+~nflati, tic tied ir} ta- bl~rrk Ihuei ~h~~ ~s A ~vtlttle dMple~. `I!`ir<I~ ahnuld hra tr~~lrii~]~hcd fu t#$ ~+eri'y~ t~~tr YulurvG~ ~ thu v~~l wc[+o 1v remai~t ~l~laa-t ~uot r~anmmcndcrrl~ ntYiar wank in ~dd~#ign #a #b~t ct~~rllui#11 above waui~ ha,~~ . it 1s canel~~~illtu~rlicn~i to rrturrt this v+:~c# to a cv~diRnq ~Ili~ble f~ tror'v~QU may. fib, Alilhozt~ gvnc~l~y alrailar~ d-o ge~rl~}r Q~~olEtlrt~~ajE can fhlsvus~nl app 6~ ~tf~vrlor to iltu ~Inipc ~rtd :4~.n6ut Musie~ r~illrv~s_ A1tn#ly, I}s a. ~s~~1t, 11ti~ ve~a1 upp.n~ax #sr h[tva sil~antly 1~aa tlv~riaanil~n tlm~ the e~th~r tv-x~. I`;. Is~q kr;la<~#y~g 1~ n ~lntivaly ~~-~ et~acu~+n n:~lhu~ afr~smur~in~ }~1ttt. crlh~ anoding~, rr~El~r, rrt~yl~, ~:urrur;i~y etc. f~a~ a vaei~ty ~ant~or~lt Ir~citHl>tg 31rr~1! ult~ m+dui Nrlthnut hlumfng t3~a unllakr~rla~ $udale~oe, ' ~oei~ bleatiu~ ritr~dtum fiA a~dlnt-r~ atldltlm blcariaonata ~kraltilr~ anr~a} whiu~ i~ r~at~~~l~ w~ i;arn~till tv the e~rvirttitn~~rt} Eel ~aay i~ ~l~wn up. 13 }lltmg °wttlti a lstr~ am~tlnt a!'1~d ~.[I~st, ~~t9~Zmcn~ end ~ar~e, tl~v 1l~a41b nnahotr -Yii1 alto hnti o to b+v rom~a€d l~afvr~a eta~~ w~rlF, ~. 1~1rt~ ~3nlrrutar~r ~1re~irlesr~in~ b1rldfi~g can wiry ~p~{#~rvstctratdan tt~tlt~'~S8el a~ ~regi~E~ advi:r~d fo ~tk~ titelr a-~n i~+.in. ulrilta wdrrt~el. 7`iio dagro~ ai`~m~~~t~ty a~ ikt~ weak +~' ns~ ~h~fltily ~Aarr~nt t~ d~crripticni. I3fi ckliulci ~lsu uenr~fitl~r a ~ in~~s~ farnrdiliti~lkal vvnrk dua to E~fir~d;da dslmrk~satinm~. .r#L~1~~1~`i' 19ti~Mt'i"1'~+;tD 1~i't'AL~1'~' PP~R~U~1~1~ li[7~ti'1Fi.A1~111 IMA~~N~ lN~, ~~~;.' ~ ' ~ ,~{ r .~e~ .,~ ' ,`~',..~ ~ ~~ry,. ~.. ~~MS-fiil~i~tA~~, I+IMIIS•(:I~IS .. City of Corpus Christi May 30, 2008 Summary notes from Rick Stryker's interview with Dick Frenzel of Dixieland Marine Surveyors ~`~ & Consultants Q. What da you estimate the minimum cost will Ue to do the repairs and replacements, based upon current observations, necessary to hrir~g the ships to a safe condition and attractive appearance for the enjoyment of visitors while blacked ashore? Pinta, $1 million Nitta: $74D;044 Santa Marla - $1.3 million Q: How might the City he able to get this work done? A: Maritime vessels arc typically transported to ship yards where there are qualified and trained shipwrights. There arena shipyards in the Gulf Coast region qualified to work on wooden vessels of this type. While it might be possible #o contract with a shipyard to send a crew down to do the work, but that option would be extremely expensive if you could find a shipyard willing to do this. The long term issue is maintaining the ships iEn good condition once they are rebuilt. The environmental conditions in Corpus Christi ai~e such that a minimum crew sine to maintain the ships is probably five or six skilled people. That might be prohibitively expensive. It might be possible to hire one highly sldlled and experienced shipwright as a project supervisor who can hire and train people wit1Y basic skills applicable wooden vessels. ¢; We know that skilled carpenters arc paid in the range of $~10,40D per year. What would a skilled shipvwright expect to be paid2 A: They would expect about double that in compensation. Q: What are the imminent liazards far Ni~ia? A; Actually the Nif(a is my greatest concern due to its still being afloa#. At some paint dry rot will cause breaches between the hull planking and the ship will begin taking on water and might even sink. In a storm there is greater dagger that the ship might stole, The metal fasteners that hold the planks to the frame are rusted and might not keep the hull together if it is stressed by the wave action of even a minimal strength hurricane. if this ship sinks the cost far recovery will be significant, In addition consideration should be given to removing the masts because they in a serious state of deterioration. l recommend that Nifia be hauled out and stored on dry land tperhaps Gulf Copper or Bohn Bludwarth Shipyard} until it can be rebuilt. Q: What are the imminent hazards for Santa Marta? A: The decks and underlying framework of Santa Maria are ratted and no longer safe for access, In the short temr, until reconst~vction is completed, it should be closed to onboard visitors and consideration should be given to removing the masts because they can no longer be properly supported as designed. Q: What are the imminent ha~arda for Pinta? A: Actually Pinta is in bett8r cvnditian than Santa Maria. But the halfdeclc is no longer sound and pieces of planking are falling down tv the main deck where 'visitors walk. ~ Q: What are some of ether immediate concerns? A: There are still engines in the ships and they need t4 be remv~red to reduce shess on the hulls. Also there is considerable lead ballast in Nllia and Santa Marla that should be remv-+ed as soon as passible to reduce stxess on the hulls. Can the Columbus ships he used as passenger carrying vessels ar as sail trainirxg vessels:- The Columbus ships were built in Spain. The Jones Act does not permit foi~iga built vessels to carry passengers. ~, 1~irla has never been certifi~l for sail training use although a sail training program was offered in the 1990's. Especially as a City owned vessel, Coast Guard certification would be required. Assuming that,dVi~a was in seaworthy condition, certification of the ships for sail training would require costly physical modifications. 11Ttfta and Pinta are 9$ and 1~8 ton caravels designed after 15't' century vessels. They were built with a minimum number of modern compromises and were intended to hecorne dockside exhibits has static museum pieces}. Santa Marla is a):~4 ton nao designed after 15't' century vessels built with a minimum number of modern compromises, It was also intended to become a dockside exhibit. There is a set of three Columbus ship replicas an static display in Huelva, Spain. Under Spain's s#ewardship the Columbus ships were accompanied in open waters by a modern Spanish Navy frigate. During the 1992.Ax~?erican port to port tour the ships were towed between ports. Coast Ciuard standards far sail training vessels are significantly more stringent than they ware when the slips were launched in 1989. Even when the ships were new and fully provisioned for the Atlantic crossing in 1991, they did not come close to meeting current sail training standards. In addition to certification of the ships, the crew would have to meet certification standards for training and experience on traditional sailing vessels. The.typical mariner v4tith a master's or mate's license would not qualify. Aside from their deteriorating cazxdition, the mast frequently encountered issue we face relatave to the seaworthiness of the vessels is moving 1-Tan"a. The engine drives a single Shottel thruster through one hydraulic reduction gear, This is precarious for maneuvering in tight spaces such as the Marina and in conditions involving anything shave very light wind, In contrast, Pride of Baltimore tI has twin screw propellers and bow thrusters, A. few of the additional issues that would have to be addressed for the Columbus ships include measurement against stability criteria designed for traditional sailing vessels, installation of watertight bulkheads and elimination ^f cargo hatches. Tall Ships Down by Daniel S, Parrott details the incidcm#s that led to the rapid development of regulation for #raditional sailing vessels. Perhaps, the moat influential incidents were the slaking of Marques in 1484 resulting in the death of 19 and the sinking of'Pririe of Baltimore in i 986 resulting in the death of ~4. After the loss of Pride of Baltimore, the design for Pride of Badtirtsore II was significantly modified to obtain certification under SDLAS {Safely of Life at Sea), the most widely recognized international form of certification fox a commercial vessel.