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Home My WebLink AboutRES 88-190 AC%1;R R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an agreement with the Babe Didrikson Zaharias Foundation, substantially in the form as shown in Exhibit "A" , providing for operation of an expanded Zaharias Memorial by the City' s Convention and Tourism Division as a Visitor Information Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this th the day of 1 988. r; Mayor - �P- oa /3 STATE OF TEXAS . COUNTY OF JEFFERSON OPERATING AGREEMENT WHEREAS , on March 3, 1971 , the Babe Didrikson Zaharias Foundation, Inc . (herein "Foundation" ) , entered into a lease agreement with the City of Beaumont (herein "City" ) for a fifty ( 50) year term for property more particularly described in Exhibit "A" hereto (herein "the premises" ) intending, by the exe- cution of said lease, to construct a memorial to Babe Didrikson Zaharias ; and WHEREAS , Foundation constructed such memorial and now desires to enter into an operating agreement under which Foundation will contribute to construction of certain improvements to the memorial to allow its use as a visitor ' s center , and City will operate the revised structure under the name "Babe Didrikson Zaharias Museum and Visitor ' s Information Center , " hereinafter referred to as "Museum". To carry out such purposes , FOUNDATION AND CITY AGREE AS FOLLOWS : I . The lea.Ie agreement between FounCl t on and CJ ty 'at,:�d 'tarc h. 3 , 1911 , is hereby amended to confo.L-m t0 -,.,-,d CC:>:'luILiOIa> of this Operating Agreement such that any conflict between this Operating Agreement and the lease will be construed by the terms of this Operating Agreement ; otherwise , all terms of the lease - 1 - EXHIBIT "A" agreement shall remain operative . II . City will cause to have constructed an addition to the Museum located on the premises in accordance with plans prepared by Milton Bell as dated December 30, 1986 and initialled on behalf of City and Foundation. The addition to the Museum will be as necessary for the proper function of a memorial facility, museum, and as a visitor information center . Foundation will contribute funds for construction of the addition , in an amount of Twenty-Five Thousand Dollars ( $25 , 000 ) . Specific features of the addition will be mutually agreed upon by Foundation and City. III . City will cause to have constructed certain sidewalk and landscaping improvements on the grounds adjacent to the Memorial , as indicated on the Babe Didrikson Zaharias Park Memorial Site Master Plan, attached as Exhibit C hereto, in a minimum value of Fity Thousand Dollars ( $50, 000) . Further , it is udnerstood that City will cause of have constructed additional improvements , including a parking lot and a Vietnam Veterans Memorial , as described in Exhibit: C, as anal. ,,?hen funds become avail,:-!D .e . Specific features of various master plan improvements ;gill be mutually agreed upon by Foundation and City. IV. The term of this Operating Agreement shall be for a period of 2 - one hundred twenty ( 120) months plus the partial month , if any, following the opening date of the addition. V. In the operation of the Museum (as a museum and as a visitor information center ) , City will maintain the structure , provide appropriate staff and implement appropriate operating policies and procedures , all at City' s cost. City agrees to consult with and to give due regard to Foundation ' s recommendation concerning the operation and maintenance of the Museum. Specifically, Citv agrees : 1 . To operate the Museum seven ( 7 ) days per week- throughout the year , with the exception that City may close the Museum on Christmas Day and New Year ' s Day. A receptionist will be at the Museum during all times from 9: 00 a.m. until 5 : 00 plm. that it is open to the public. 2. To operate the Museum, including grounds and parking area, with no charge to visitors for admission or parking . 3 . To appropriately maintain the Museum, including structural and building systems maintenance , as well as general cleaning, exterior grounds and parking -rea. maintenartie ; i rains and flags , and will pay ali utility charges during, the term of this- operating agreement . 4. To reasonably care for and preserve items currently on display in the Museum, which will remain the property of 3 - Foundation and which are identified in Exhibit "B" hereto. These items are to be polished at least two times each year . 5 . To operate the Museum under the name "Babe Didrikson Zaharias Museum and Visitor ' s Information Center . " VI . At the expiration of this Operating Agreement , or at the expiration of any extension thereof, City shall have the right to remove any equipment , fixtures and personal property placed in the Museum by the City, provided that in so doing the removal does not impair the continued operation of the Museum and City repairs any damage caused by the removal . The City shall not have the right to remove any improvements made jointly by City and Foundation, e.g. , the improvement described in paragraph II above. VII . City agrees to maintain fire and extended coverage insurance on the Museum in an amount not less than (a) $250, 000, or (b) such greater amount as may be required for co-insurnce purposes . City will also carry public liability insurance in such amount as may rr c S ;fin .y be recyLl? Houndation . C 4 ty and �ou*I:`a t_!_<'^ shall aac F; ;je named as insured. City shall pay the cost of all insurance . VIII . If the Museum or any portion of said Museum is substantially 4 - damaged by fire or other casualty, the City shall have the option of terminating this Operating Agreement by giving written notice to the Foundation within 30 days after the casualty. If the City does not elect to terminate, then City will be required to place the Museum in the same condition as before the casualty, and shall be entitled to insurance proceeds for that purpose. If the City terminates this Operatina Agreement pursuant to this paragraph VIII , insurance proceeds shall be paid to the Foundation. IX. City may extend this Operating Agreement for a further period of ten ( 10 ) years by giving Foundation written notice of Citv ' a intention to do so at least six ( 6 ) months prior to the expira- tion of the term of this Operating Agreement . The extension shall be under the same terms and conditions of this Operating Agreement. X. If the City shall hold over after the expiration of t?zis Operating Agreement , or any extension , such tenancy shall be for Month' a_o— ion'G_ xn. er a LI t'brter ttls , c-_, r::21?eats a%i 1 t O n s Q . this Cj:) rating Agreement . Xi . Except as provided in paragraph VIII , this Operating Agreement is non-cancellable for a period of 60 months from its 5 - commencement date . Thereafter , either party may cancel this Operating Agreement, with or without cause , by giving written notice to the other at least ninety ( 90) days prior to the date such cancellation shall become effective. XII . Any notice from Foundation to City relating to the premises or the occupancy thereof shall be duly served if addressed to City by United States registered or certified mail , return receipt requested to : City Manager City of Beaumont P.O. Box 3827 Beaumont , Texas 77704 Any notice from City to Foundation shall be considered duly served if addressed to Foundation by United States registered or certified mail, return receipt requested to : The Babe Didrikson Zaharias Foundation P .O. Box 1310 Beaumont, Texas 77704 XIII . This agreement shall be binding upon and inure to the benefit of the parties hsreto and their < .d asr;igna ._ . �i V . This Operating Agreement shall be =onstrued under and in accordance with the laws of the State of Texas , and all obliga- tions to the parties created hereunder are performable in 6 'Jefferson County, Texas. IN WITNESS WHEREOF, the parties to this Operating Agreement have hereunto set their hands to duplicate originals on this day of 1988. BABE DIDRIKSON ZAHARIAS FOUNDATION I3tesid t ATTEST: S etary CITY OF BEAUMONT By:_ City Manager ATTEST: City Clerk 78/AG