The URL can be used to link to this page

Home My WebLink About09422 ORD - 07/09/1969JKH:0 -4 -L)7 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER CltiSSiON, INC., COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, ON FILE IN THE OFFICE OF THE CITY SECRETARY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMMISSION COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY, LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUNDS NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO WHICH REFERENCE IS HEREBY MADE FOR ALL PERTINENT PURPOSES. 9422 BJw :6/4/69 LEASE AGREEMENT THE STATE OF TEXAS i COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT MADE AND ENTERED INTO THIS THE DAY OF ig6g, BY AND BETWEEN THE CITY OF CORPUS CHRISTI HEREINAFTER CALLED LESSOR, AND THE BUCCANEER COMMISSION, INC., HEREINAFTER CALLED LESSEE: W I THE SSE TH: 1. THAT SUBJECT TO THE TERMS AND UPON PERFORMANCE OF THE CONDI- TIONS HEREINAFTER PROVIDED LESSOR HEREBY LETS AND LEASES UNTO THE BUCCANEER COMMISSION, INC., FOR THE PURPOSE OF HOLDING A CARNIVAL AND RELATED ACTIVI- TIES IN CONNECTION WITH THE BUCCANEER DAYS CELEBRATION, THE FOLLOWING DESCRIBED CITY PROPERTY: THOSE PAVED AREAS BOUNDED BY THE WEST CURB LINE OF EAST SHORELINE DRIVE, THE EAST CURB LINE OF WEST SHORELINE DRIVE, THE SOUTH WALL OF THE COLISEUM, AND A LINE 120 FEET SOUTH OF AND PARALLEL TO THE SOUTH CURB LINE OF THE EXISTING PARKING LOT LOCATED SOUTH OF THE COLISEUM. IN THE EVENT ADDITIONAL AREA IS REQUESTED BY THE SAID BUCCANEER COMMISSION, INC. PRIOR WRITTEN APPROVAL SHALL BE OBTAINED FROM THE DIRECTOR OF PARKS AND RECREATION. IT IS UNDERSTOOD AND AGREED THAT NO CONCESSION STAND, RIDES OR OTHER APPURTENANCES CONNECTED WITH THE CARNIVAL SHALL BE ALLOWED TO USE THE GRASSED OR SHRUBBED AREAS WITHIN THE ABOVE DESCRIBED BOUNDARIES OR THE SIDEWALK TO THE SOUTH ENTRANCE OF THE COLISEUM FROM PARK STREET TO THE COLISEUM WITHOUT PERMISSION IN WRITING FROM THE DIRECTOR OF PARK & RECREATION. 2. THE CONSIDERATION FOR THIS AGREEMENT AND FOR THE COVENANTS HEREIN CONTAINED TO BE KEPT AND PERFORMED BY LESSEE IS AS FOLLOWS: (A) THE PAYMENT OF ONE DOLLAR ($1.00) TO LESSOR UPON THE EXECUTION OF THIS AGREEMENT. (B) THE PAYMENT OF A LIKE SUM ON OR BEFORE THE ANNIVERSARY DATE OF THIS AGREEMENT IN EACH SUCCEEDING YEAR HEREAFTER. 3. LESSEE SHALL BE ENTITLED TO USE THE PREMISES HEREIN DESCRIBED FOR A PERIOD DURING APRIL, MAY OR JUNE, NOT TO EXCEED ELEVEN (11) DAYS (CON- SECUTIVE) DURING EACH OF THE YEARS 1970, 1971, 1972, 1973 AND 1974, THE EXACT DATES TO BE MUTUALLY AGREED UPON BY LESSOR AND LESSEE IN EACH OF SUCH YEARS; PROVIDED, HOWEVER, THAT BY GIVING WRITTEN NOTICE OF CANCELLATION AT LEAST NINE MONTHS PRIOR TO THE FIRST DAY OF THE ELEVEN -DAY USE PERIOD, THIS AGREEMENT SHALL TERMINATE AFTER SUCH NOTICE. V. IN THE EVENT THE CITY SPONSORS A 4TH OF JULY PATRIOTIC CELEBRA- TION DURING ANY OF THE 5 YEARS OF THE 5 -YEAR TERM OF THIS LEASE THEN THE LESSEE SHALL ALSO HAVE THE OPTION TO USE THE SAME AREA AS ABOVE DESCRIBED FOR THE SAME PURPOSES OF CARNIVAL USE AS ABOVE STATED FOR A PERIOD OF FIVE CONSECU- TIVE DAYS, ONE OF WHICH SHALL BE JULY 4TH, PLUS NOT EXCEEDING ONE DAY TO MOVE ONTO SAID PROPERTY AND PREPARE FOR THE CARNIVAL TO BE SET UP TO OPEN FOR BUSINESS. 5. LESSEE SHALL BE ENTITLED TO BLOCK OFF PARK STREET BETWEEN EAST AND WEST SHORELINE BOULEVARD, PROVIDED THAT LESSEE SHALL TAKE CARE NOT TO OBSTRUCT OR INTERFERE WITH TRAFFIC UPON EITHER EAST OR WEST SHORELINE BOULEVARD. LESSEE SHALL PROVIDE DRIVEWAY ACCESS FOR TRUCKS TO THE SERVICE DRIVE ENTRANCE OF THE COLISEUM, AND SHALL KEEP SUCH DRIVEWAY OPEN AND UNOCCUPIED BY STRUC- TURES OR AUTOMOTIVE EQUIPMENT. 6. LESSEE SHALL, AT LEAST SEVEN (7) DAYS PRIOR TO THE BUCCANEER BAYS CELEBRATION AND PRIOR TO EACH JULY 4TH CELEBRATION, DURING EACH YEAR THAT THIS AGREEMENT IS IN EFFECT, FILE WITH THE DIRECTOR OF PARKS AND RECREATION OF THE CITY OF CORPUS CHRISTI A CASH BOND IN THE AMOUNT OF TWO THOUSAND DOLLARS ( $2,000), OR A SURETY BOND IN A LIKE AMOUNT EXECUTED BY A CORPORATE SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS. SUCH BOND SHALL BE CONDITIONED UPON THE PAYMENT BY LESSEE OF ANY AND ALL PROPERTY DAMAGE WHICH MAY BE DONE TO THE PROPERTIES OF THE CITY OF CORPUS CHRISTI AS A RESULT OF THE BUCCANEER DAYS CELEBRATION AND JULY 4TH CELEBRATION AS THE CASE MAY BE. LESSOR AND LESSEE HEREBY AGREE THAT ANY DISPUTES OR DIFFERENCES WHICH MAY ARISE BETWEEN THEM WITH RESPECT TO THE AMOUNT OF DAMAGE, IF ANY -2- SHOULD OCCUR TO THE PROPERTY OF THE CITY OCCASIONED AS A RESULT OF THE BUCCANEER DAYS OR JULY 4TH CELEBRATION, SHALL BE SUBMITTED FOR DETERMINA- TION TO A BOARD OF ARBITRATION COMPOSED OF THREE ARBITRATORS, ONE OF SUCH ARBITRATORS TO BE CHOSEN BY LESSOR, ONE TO BE CHOSEN BY THE LESSEE AND THE REMAINING ARBITRATOR TO BE SELECTED BY THE ARBITRATORS THUS CHOSEN. COSTS OF THE REFERENCE SHALL BE BORNE EQUALLY BY THE PARTIES HERETO AND UPON A HEARING THE AWARD OF THE ARBITRATORS, OR ANY TWO OF THEM SHALL BE FINAL AND BINDING UPON LESSOR AND LESSEE. 7. LESSEE AGREES TO FILE WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI AT LEAST SEVEN DAYS PRIOR TO THE BUCCANEER DAYS CELEBRATION AND AS WELL PRIOR TO ANY JULY 4TH CELEBRATION DURING THE YEARS COVERED BY THIS AGREEMENT, A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ISSUED BY A CASUALTY INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS, ASSURING THE PAYMENT OF ANY CLAIMS TO AND INDEMNIFYING THE CITY AGAINST ANY CLAIMS BY ANY PERSON, FIRM OR CORPORATION WHICH MAY ARISE AS A RESULT OF THE BUCCANEER DAYS CELEBRATION AND RELATED ACTIVITIES, AND/OR JULY 4TH CELEBRATION, AS THE CASE MAY BE, WITH LIMITS OF FIFTY THOUSAND DOLLARS ($50,000.00) LIABILITY TO ANY ONE PERSONAND ONE HUNDRED THOUSAND DOLLARS ($100,000.00) LIABILITY FOR ANY ONE ACCIDENT. 8. LESSEE AGREES TO MAINTAIN SUCH FIRE LANES UPON THE PROPERTY HEREIN DESCRIBED AS MAY BE DESIGNATED BY THE FIRE CHIEF OF THE CITY OF CORPUS CHRISTI. 9. LESSEE AGREES TO OBTAIN SUCH PERMITS FROM THE HEALTH DEPARTMENT, THE INSPECTION SECTION OF THE PUBLIC WORKS DEPARTMENT, THE FIRE MARSHAL AND OTHER REGULATORY BODIES OF THE CITY AS MAY BE NECESSARY TO CONDUCT THE BUCCANEER DAYS CELEBRATION. 10. LESSEE SHALL NOT ASSIGN THIS AGREEMENT NOR SUBLEASE THE WHOLE OR ANY PART OF THE DEMISED PREMISES OR MAKE ANY ALTERATION THEREIN WITHOUT THE CONSENT OF THE LESSOR FIRST OBTAINED IN WRITING. 11. ANY FAILURE ON THE PART OF THE LESSEE TO PERFORM ANY OF THE COVENANTS CONTAINED IN THIS AGREEMENTS OR ANY BREACH OF ANY COVENANT -3- OR CONDITION HEREIN CONTAINED ON THE PART OF THE LESSEE, SHALL ENTITLE THE LESSOR TO FORTHWITH TERMINATE THIS AGREEMENT WITHOUT NOTICE OR DEMAND OF ANY KIND, NOTWITHSTANDING ANY LICENSE OR WA -IVER BY LESSOR OF ANY BREACH OR CONDI- TION. IN CASE OF ANY SUCH TERMINATION LESSOR SHALL BE ENTITLED TO RETAIN ANY SUMS OF MONEY THERETOFORE PAID BY LESSEE AND SUCH SUMS SHALL INURE TO THE BENEFIT OF LESSOR AS LIQUIDATED DAMAGES. WITNESS OUR HANDS THIS DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: THE CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF , 1969: CITY ATTORNEY ATTEST: BUCCANEER COMMISSION, INC. BY SECRETARY PRESIDENT That the foregoing ordinance was read for t e first time and passed to its second reading on this the;; day of 19ff, by the following vote: Jack R. Blackmon Gabe Lozano, Jr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinan as read fo t e second time and Ppi�as ed to its third reading on this the day of C 19 G by the following vote: ' ' Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinanc was read for t third time and passed finally on this the 9 �L day of , 19�, by the following vote: Jack R. Blackmon Q1 Gabe Lozano, Sr. c l ilcc/ V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Q LyQ� Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore QJ PASSED AND APPROVED, this the VuLd ay of , 19 6� 4City.cretary vu YOR APPROVED AS T LEGAL FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS -° DAY OF , 19 J City Attorney