Loading...
HomeMy WebLinkAbout15988 ORD - 01/21/1981s y AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 36, ARTICLE III, PROVIDING FOR RENTAL CHARGES AND REGULATIONS AND AUTHORIZING THE CON- VENTION CENTER MANAGER TO EXECUTE LEASE AGREEMENTS FOR THE RENTAL OF THE BAYFRONT PLAZA CONVENTION CENTER FACILITIES: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi, 1976 Revision, as' amended, and particularly as amended by Ordinance No. 14378 passed and approved July 12, 1978, Ordinance No. 15024 passed and approved August 1, 1979, and Ordinance No. 1581011 passed and approved October 8, 1980, is hereby amended by repealing Article III - BAYFRONT PLAZA AUDITORIUM, Section 36-80 through 36-86 of Chapter 36 thereof, and substituting a new Article III of Chapter 36 to hereafter read as follows: "ARTICLE III - BAYFRONT PLAZA Section 36-80. Designation of Bayfront Plaza Convention Center. The structure located at 1901 N. Shoreline Boulevard is hereby designed as the Bayfront Plaza Convention Center. Section 36-81. Administrator. The administrator in charge of the Bayfront Plaza Convention Center shall be the Convention Center Manager under the direction of the Director of Inspections and Operations, or such other person as may be assigned to the duties of administrator by the City Manager. Section 36-82. Lease Agreements. A. The Convention Center Manager is empowered to sign lease agreements for the rental of the facilities of the Bayfront Plaza Convention Center. Verbal agreements to rent are not recognized under any circumstances, and this article and the rental contract, upon acceptance, constitute the entire rental agreement and may not be altered unless done so in writing, signed by authorized represen- tatives of both parties. B. Lessees of the Theatre, Banquet Hall or Main Exhibit Hall shall provide a public liability insurance policy in which both the City and the Lessee are named as insured, in the form of an acceptable certificate of in- surance. This requirement shall not apply to events sponsored by governmental agencies. 15988 ' �ELMEI NUJ ti .. Sal) 2 71984 Section 36-83. Rental of the Auditorium Theatre. A. Rental Rates 1. Class I: 7% of the gross receipts (after taxes), with a minimum rental fee of $600, and a maximum rental fee not to exceed $1,333. This rate applies to a single performance on a single day. Each additional performance on the same day will increase the minimum and maximum rental fees by 50% (i.e., a matinee and an evening performance on the same day would be 7% of the total gross receipts, after taxes, with'a minimum rental fee of $900, and a maximum rental fee not to exceed $2,000). The above-mentioned fees apply to a performance or performances which are four hours or less in duration. The overtime rate for performances which exceed four hours in duration shall be $100 per hour, or part thereof. This rate applies to all ticketed events which are sponsored by an individual or organization for the purpose of making a profit. Concerts, seminars, fashion shows, pageants, and stage plays are examples of the types of events which fall within this classification. 2. Class II: Same as Class I, less 15% of the rental fee. This is the benefit rate for ticketed events. The following types of organizations are eligible: a. Nonprofit chartered civic organizations. b. Recognized local charitable organizations. c. Nonprofit chartered fraternal organizations. d. Nonprofit governmental organizations. e. Nonprofit educational institutions. f. Nonprofit religious corporations and societies. 3. Class III: $400 flat fee for a single four-hour session. For additional sessions on the same/day, Lessee will be charged an additional fee of $200, for a maximum charge of $600 for one day. This rate applies to events such as public meetings, graduations, church services, convention meetings, sales meetings, political meetings and other events of this nature for which there is no admission charge. With the exception of bona fide religious conventions or local church services, those events taking an offering will be charged $600 for a single session and $900 for all day. 4. Class IV: Corpus Christi Symphony, Corpus Christi Ballet Theatre, and Community Concerts. For each subscription and children's performance, a fee of twelve percent (12%) of the gross ticket sales in excess of $6,666 will be charged, except that the minimum fee shall be $400 and the maximum fee shall (2) be$1,333 for any one performance. In addition to the actual performance, this fee entitles the Lessee to a rehearsal on stage the day before the performance date and up to six rehearsals in the Rehearsal Hall. Additional rehearsal days may be purchased at the standard rates. The Lessee will be charged for equipment rental and additional services in accordance with this Article., All scheduling of performances and rehearsals will be done through the Convention Center Manager. If the Lessee sponsors an outside individual or group, other than as part of its regular subscription series, the Class II rate will apply. 5. Class V: City Government Events. For events conducted by a City department and approved by the Director of Inspections and Operations, there will be no rental charge. The sponsoring department will pay any out-of-pocket costs. 6. Rehearsals and/or Set-up (on stage): a. Day of performance: No charge. b. Other than performance date: $150. 7. Catered Events Fees: In accordance with Section 36-91. Section 36-84. 'Rental of Auditorium Support Facilities (Rehearsal Hall and Lounge). Since a separate rental of the support facilities may preclude the subsequent rental of the theatre, the Convention Center Manager may delay the confirmation of such a rental until 30 days prior to the date of the event. If the support facilities are used in conjunction with the theatre (same day), the Lessee will be entitled to a discount of 25% off the basic charge for the sup- port facility (not including equipment rental or labor charges). This offer may also be extended to Convention Center Meeting Rooms if there is not suffi- cient room in the Auditorium to properly handle the event. The fees listed below for the rental of the Rehearsal Hall and Lounge do not include the use of City -owned equipment, except that a lessee of the Theatre, rehearsal hall, and lounge shall be entitled to the free use of up to four tables and one hundred portable chairs. A portable sound system and one microphone (operator not included) will be provided if needed at no charge. A. Rehearsal Hall or Lounge. 1. Rehearsals: $50.00 per day. 2. Exhibits: $100.00 per day. Move -in or move -out days, as available, are $50.00 per day. No additional charge for set-up on the "open" day. 3. Meetings: Up to 8 continuous hours use. For "open" time (3) in excess of eight hours, Lessee will be charged $15.00 per hour, or part thereof. a. Between the hours of 8 a.m: - 5 p.m., Monday -Friday: $75 b. Evenings, weekends, and holidays: $125 . 4. Receptions and/or Food Functions (catered events): Up to five hours continuous use. For "open" time in excess of five hours, Lessee will be charged $30 per hour, or part thereof. Reasonable time for set-up and clean-up will be allowed at no additional charge. a. Between the hours of 8 a.m. - 5 p.m., Monday -Friday: $100 b. Evenings, weekends, and holidays: $150 5. Concessions in the Lounge: No additional charge will be made for the use of the Lounge when used for concessions solely in conjunction with the use of the Theatre. B. Minor Facilities: Minor facilities in the Auditorium include meeting rooms 212A & B, Room 116 (ticket office), Room 118 (box office), and other miscellaneous minor meeting rooms as available in the Auditorium. With the approval of the Convention Center Manager, some or all of the minor facilities in the Auditorium may be used at no charge by Lessees utilizing the Theatre portion of the Auditorium, the Banquet Hall or the Main Exhibit Hall. Set-up is not included. Section 36-85. Rental of the Main Exhibit Hall. (Rates as shown are. applicable on a per -hall basis.) A. Exhibit Use for Conventions and Trade Shows 1. .080 per net square foot of exhibit space used, with a minimum fee of $1,000 per day for trade shows; .064 per net square foot of exhibit space used, with a minimum fee of $800 per day for conventions. Up to 10% of the total exhibit space used may be exempt from charge for non-commercial or "association" booths. Registration, concessions or general session areas will not be included when calculating the exhibit space used. 2. One day furnished at no charge for each "open" day for either move -in or move -out. Additional days will be 1/2 the daily minimum, if available. B. Non -Profit Meetings, Banquets, and Dances 1. $600 per day. Set-up not included. 2. $300 per day for move -in or move -out, if available. No additional (4) • charge for move -in or move -out on the "open" day. C. Consumer Shows (open to the public) 1. Exhibit Rate a. 10% of the gross ticket sales, or $1,200, whichever is greater. Set-up not included. b. One day furnished at no charge for each "open" day for either move -in or move -out. Additional days will be $600, if available. 2. Show Rate (Promotional Concerts and Dances) a. 10% of the gross ticket sales with $1,200 per show minimum" charge. Set-up of a standard -size stage and up to 2,500 chairs included. b. Each additional performance on the same day will increase the minimum charge by 50% (i.e. two performances' on the - same day would be 10% of the'total gross receipts, with a minimum charge of $1,800). c. No additional charge for move -in or move -out on the per- formance day. Additional days will be $600 per day, if available. d. Nonprofit organizations will be charged based on a 15% - discount from building rental charges. D. 1/2 Day Rates In the event a•convention, trade show, or consumer show is open for 4 continuous hours or less on either the evening before or the morning after a run of at least two full "open" days, a 1/2 day rate will be charged. In the' case of a convention or trade show, this rate will be 50% of the regular "open" day rate. In the case of a consumer show the rate will be 10% of the gross ticket sales or $500, whichever is greater. Any such day will also count either as a move -in or move -out day. E. Set-up of Equipment. Except for Promotional Concerts and Dances, the rates shown above do not include the set-up of city -owned equipment_ The cost of this equipment will be added to the minimum fee, and the sum will be the minimum charge. F. Crate Storage. As available, a crate storage area will be provided at no additional charge for exhibit shows (conventions, trade shows, and public shows) using the Convention Center. The Convention Center Manager will determine what space, if any, to provide for this purpose. If no space is reasonably available in the • building, the City will be under no obligation to provide alternate space. This provision will also apply when the Banquet Hall is used as an Exhibit Area. 36-86. Rental of the Banquet Hall (Room #203) 203A - 19,800 square feet. 203B - 7,200 square feet. Combined - 27,000 square feet. A. Exhibit Use for Conventions and Trade Shows. 1. .08e per net square foot of exhibit spape used, with a minimum daily fee of $400 for 203A, $200 for 203B, or $500 for the combined hall. 2. One day furnished at no charge for each "open" day for either move -in or move -out. Additional days will be 1/2 the regular minimum daily charge, if available. B. Non -Profit Meetings, Banquets, and Dances. 1. 203A: $300 per day 2. 203B: $200 per day 3. 203A and B Combined: $400 per day • C. Consumer Shows (open to the public) 1. Exhibit Rate a. 10% of the gross ticket sales with a minimum daily charge of $500 for 203A, $200 for 203B or $600 for the combined hall. b. One day furnished at no charge for each "open" day for either move -in or move -out. Additional days will be 1/2 the regular minimum daily fee, if available. 2. Show Rate (Promotional Dances and Concerts) 10% of the gross ticket sales with a minimum charge of $600 for the combined hall per performance. Each additional performance on the same day will increase the minimum rental charge by 50%. For example, two performances in 203 (combined) would be 10% of the combined gross receipts, with a minimum rental charge of $900. Set-up of up to 1,500 chairs around tables and a standard -size stage is included. D. 1/2 Day Rate: In the event a convention, trade show,'or consumer show is open for,4 continuous hours or less on either the evening before or the morning after a run of at least two full "open" days, a 1/2 day rate will be charged. In the case . of a convention or trade show, this rate will be 50% of the regular "open" day' i rate. In the case of a consumer show, the rate will be 10% of the gross ticket (6) • sales or 50% of the minimum daily charge, whichever is greater. Any such day will also count either as a move -in or move -out day. E. Set-up of Equipment The rates shown above include the set-up of up to 100 chairs and 4 tables, except for Promotional Dances and Concerts, which are entitled to a standard -size stage and the set-up of up to 1,500 chairs. Should additional equipment be requested by the Lessee the cost of this equipment will be added to the minimum charge, and the sum will be the minimum charge. "36-87. Commercial Rates for the Convention Center Meeting Rooms. A. Commercial Rates: CHARGES FOR CHARGES FOR RECEPTIONS MEETINGS AND FOOD FUNCTIONS Room Square Seating 8am-5pm All 8am-5pm All Number Feet Capacity Mon -Fri Others Mon -Fri Others 213 1,400 140 214 2,400 240 215 3,350 335 216 3,840 385 218 (comb.) 3,250 325 A 1,625 160 B 1,625 160 223 1,345 135 224 1,652 165 226 (comb) 6,720 650 A 875 85 B 1,120 110 A. & B Comb 2,200 220 C 2,320 230 D 875 85 E 1,120 110 D & E Comb 2,200 220 A, B, & C Comb. 4,520 450 C. D, & E Comb. 450 $ 75 $125 $100 $150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 150 200 200 250 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 75 125 100 150 125 150 150 1200 125 150 150 1200 B. Convention Rate: Free meeting space will be provided to bona fide conventions using either the Banquet Hall (all), the Main Exhibit Hall, or the Theatre section of the Auditorium. If the number of meeting rooms exceeds the capacity of the Convention Center Meeting Rooms, the Convention Center Manager may also extend this offer to the Rehearsal Hall; Auditorium Lounge or other smaller rooms in the Auditorium. This rate applies only to convention meetings, display areas, and other incidental uses. 50 meeting room chairs will be fur- nished at no charge for each 1,000 net square feet of exhibit space rented in either the Banquet Hall or the Main Exhibit Hall. If desired, other equipment may be substituted for the chairs. This will be pro -rated in accordance with the established rental rates. C. The commercial rates include the free use of up to 100 chairs and four tables for each room rented. D. If any meeting room is used as a concession area, there will be no charge to the Lessee for the room. (7) E. In the event that a caterer serving an event in one of the Meeting Rooms uses the catering kitchen for cooking, all of the provisions,of Section 36-91 (catering) will apply, except that the minimum catering fee will be $100. The basic fee for the rental of the room will be the same charge as for meetings. F. No charge will be made for one microphone and the use of the installed sound system. G. If used in conjunction with Room 215, there will be a 50% discount on the rental fee for either Room 214 or 216. H. If an event other than a convention uses either the Main Exhibit Hall or Banquet Hall, there will be a 25% discount on the rental ,of any of the Meeting Rooms. This includes convention use of the meeting rooms for receptions and food functions. "Section 36-88. Rental of the Plaza. A. Regular charge: $100 per day if rented in conjunction with either the Exhibit Hall, Banquet Hall or Auditorium. Otherwise, the rental fee for the Plaza will be $200 per day. Set-up not included. B. Catered Functions: $100 per day plus catering fee if rented in conjunction with either the Exhibit Hall, Banquet Hall or Auditorium. Otherwise, the rental fee for the Plaza will be $200 per day plus the catering fee. "Section 36-89. Rental of City -owned Equipment. Except as otherwise prescribed herein, the rates for rental equipment are as follows: A. Installation and use of risers: $3 for each 4' x 8' section, and $4 for each 6' x 8' section, as available (installed) for the term of the event. B. Installation/Removal of the Orchestra Pit Filler: $50 to put it in and $50 to take it out. C. Installation/Removal of the Thrust Stage Extension: $50 to put it in and $50 to take it out. D. Rental of Microphones: $5 each for the term of the event. E. Rental of Tables: $1.50 each for the term of the event. F. Rental of Chairs: 25 each for the term of the event. G. Super Trouper Spotlights: $25 each per day. H. Trouper Spotlights: $15 each per day. I. Fork Lift without attendant: $10 per hour. J. Lock Cylinder Charge: K. Portable Dance Floor: $30 each. $1.00 for each 3' x 3' section (installed). L. Change in Set -Ups: Lessee will be billed the cost of the labor required to make the change. M. Electrical Connections and Rental of Lighting Instruments:• To be determined by the Convention Center Manager based on the costs of installation, operation, and maintenance. "Section 36-90. Box Office Services. The Convention Center Manager is hereby empowered to establish and conduct Box Office Services for those lessees of ticketed events who desire such service. This service shall be named the "City of Corpus Christi Box Office Service" and the service shall be made available to lessees of the Bayfront Plaza Auditorium and Convention Center and the Memorial'Coliseum/Exposition Hall. A. Service Defined: This service shall include the following: 1. Advance Sale: The City shall place a lessees printed tickets for sale at remote locations, secured by contract with the City. The City shall retain control over ticket sales at all times, requiring regular reports of sale progress. On the day of the event, all tickets, and monies shall be reconciled and be secured by the City for day- to-day sales. As compensation for this service, each remote location may collect a twenty-five (.25C) surcharge which shall be added to the face value of each ticket sold by said remote location. 2. Day -of -Show Sale: The City shall provide a bonded ticket seller for day -of -show sales at no additional cost to the lessee. Should additional sellers be requested, the cost for their services shall be borne by the lessee. At the conclusion of the event, a complete reconciliation of the box office shall take place, and a box office statement shall be prepared. All monies due City shall be deducted from the gross ticket sales. B. Box Office Fee Schedule: 1. Advance Sales: For advance ticket sales, each Lessee who utilizes the City Box Office Service shall pay a fee of $200 per week, two week minimum, or 3% of the gross ticket sales, whichever is greater. In the event of cancellation, the Lessee will be charged the minimum fee for each week the tickets are on sale with a one week minimum charge. Single days will be pro -rated. 2. Mail Orders or Credit Card Orders (not at outlets): When advance ticket sales are conducted by mail order, a handling fee of 2U shall be added to the face value of each ticket purchased to cover the cost of postage, envelopes, and handling. (9) C. The Convention Center Manager is hereby authorized to execute a "Box Office Agreement" with Lessees who desire the City to conduct such services on their behalf as described herein for the fees described herein, all as:more: fully set forth in the form of a box office agreement. The Convention Center Manager is further authorized to execute separate agreements between the City and remote location ticket outlets as described herein. Section 36-91. Catering. A catering fee will be levied on all caterers who may be employed to provide food or beverage service in the Banquet Hall or Main Exhibit Hall. This includes those who provide breakfasts, luncheons, banquets, "heavy hors d'oeuvers", receptions or any other food or beverage service that in the opinion of the Convention Center Manager is an integral part of the function being serviced. Incidental catering, such as backstage catering for concerts, wedding cakes, coffee and cookies, or "light hors d'oeuvres", may be exempt from this catering fee upon approval by the Convention Center Manager if it is minor in nature. The catering fee will be 10% of the gross receipts, or $200, whichever is greater. Included in the fee is the free use of the catering kitchen, ice (as available in the building), tables, and chairs. The caterer will clear all tables, avoid creating any unnecessary mess, clean the kitchen, and bring all trash to the designated trash storage area in containers furnished by the City. Lessees whose function is exempt from the catering fee will not be entitled to the free use of the kitchen, ice or tables and chairs. Such lessees may use the kitchen in a limited fashion (if available) to obtain water, use the sink or counter space, or to temporarily store perishables in the cooler. There will be no charge for this limited use, as long as the kitchen is left clean at the end of the event. If any caterer or lessee fails to properly clean the kitchen, said caterer or lessee shall pay the City for the cost of the labor needed to clean the kitchen as determined by the Convention Center Manager. The Convention Center Manager is empowered to execute contracts with caterers as provided herein. Section 36-92. Parking Level. A charge of $(0:50 shall be made for each vehicle entering the parking level beneath the exhibit hall." SECTION 2. The forms of the contracts which the Convention Center Manager is authorized to execute on behalf of the City leasing the theatre, banquet hall, or exhibit hall, leasing the meeting rooms, rehearsal hall,or lounge, providing box office services, selling tickets through remote outlets, and catering shall,/ be substantially in accordance with Exhibits A, B, C, D, and E attached hereto and made a part of this ordinance. SECTION 3. The necessity to amend the Code of Ordinances as herein- above set forth, at the earliest practicable date, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after !S7• its passage, IT IS ACCORDINGLY SO ORDAINED, this the,/ —day of January, 1981. ATTEST: Cyt? Secretary PROVED: DAY OF JANUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assi ant City Attorney THE Y OF CORPUS CHRISTI, TEXAS PUBLIC FACILITY LEASE - THE STATE OF TEXAS § COUNTY OF NUECES § Lease No. This lease is made on , 19 , by and between the City of Corpus Christi, Texas, a municipal corporation, acting by the Convention Center Manager, Lessor, and Lessee. Lessor, in consideration of Lessee's faithful performance of these covenants, leases to Lessee certain facili- ties upon these terms: 1. Facilities to be used: 2. Purpose: Lessee shall use such facilities for the stated purpose and no other without the written consent of Lessor. 3. Rental Period: Lessee shall move In, use and occupy such facilities on these dates and times: 4. Rental Fee*: For the rental of the facilities Lessee will pay Lessor the sum of: according to the following schedule: `Note: This fee covers only the base rental charge. 5. Insurance: Lessee will provide prior to , a public liability insurance policy in which both Lessor and Lessee are named as insured, in the form of an acceptable certificate of insurance. Lessee agrees that this certificate will include the coverage required on the attached sheet of insurance specifi- cations. 6. Performance Bond: Lessee will post a performance bond of $ before , either by certified check or by a duly accredited bonding company. The terms of such bond will be: 7. Services Delivered: Lessor will deliver, at its expense, reasonable heating or cooling and overhead light for ordinary use. Lessor will determine what is reasonable under the circumstances, and shall not be held liable for any delays, failures or accidents which may affect such services and facilities. Also, Lessor will allow at no cost to Lessee the use of the installed public address system; and available dressing rooms and/or offices, as assigned by Lessor. Lessor will also perform one daily cleaning of all public spaces, excluding floor areas cov- ered by temporary aisle carpets or exhibit booths, and arrange normal janitorial service during the event. All other services or conditions requested by Lessee will be at the expense of Lessee, unless they are specifically exempted from charge by Lessor in writing on this contract or by an attachment thereto. 8. Additional Services: If Lessee desires additional available services, Lessee shall file with Lessor a full written description. Lessor will then prepare an addendum to this contract outlining these services and the nec- essary fees. If requested by Lessor in writing, Lessee will make an additional deposit sufficient to cover those costs of additional services requested by Lessee. Any unused portion of this deposit will be returned to Lessee after all rental fees due Lessor from Lessee have been collected. 9. Right to Cancel: If Lessee misrepresents In any way the kind of attraction to be held on the leased prem- ises and thereby induced Lessor into entering Into this lease, then Lessor shall have the right to cancel this lease without refunding any monies paid hereunder and without liability for any loss or damage to Lessor. Lessor through its Convention Center Manager shall be the sole judge of whether Lessee has made such misrepresenta- tion and, if so, whether it induced entering Into this lease. Should such cancellation occur, Lessee hereby waives any claim for damages against Lessor and any rights granted under this lease. EXHIBIT "A" 10. Payment of Taxes: Lessee is to pay all municipal, county, state and federal taxes upon the receipts taken in, which are required to be paid, whether in the nature of a sales tax, amusement tax, privilege tax, or any other kind of tax. If Lessee claims to be exempt from any such tax, Lessee shall obtain from the proper governmental branch a written exemption and present such exemption to the Lessor prior to the particular performance or occasion to which the exemption relates. 11. Lien: Lessor shall have the first lien against box office receipts and all property of Lessee upon the prem- ises of Lessor for all unpaid rental fees, reimbursable expenses and taxes due for the event covered by this agreement, and for the purpose of and with the right to deduct from said box office receipts a sufficient amount of money to pay the costs of stagehands, musicians, ushers, ticket takers, security personnel, spotlight opera- tors, sound technicians, box office personnel and any and all other employees of the Lessee who may be called in, either by the Lessor or the Lessee, for the convenience of said Lessee. All and each of such employees are and remain employees of the Lessee, and the Lessor is in no way responsible for any monies whatsoever claimed by said employees for work or labor done in any way in connection with said attraction. Further, if sufficient funds are not available to cover the abovementioned items, Lessor shall have the right to impound Lessee's prop- erty. Should such unpaid charges remain unpaid ten days after the termination of this agreement, Lessor shall have the right to sell such property at public auction and to apply cash proceeds from such auction to these unpaid charges. . 12. Indemnity: Lessee will indemnify and hold harmless Lessor, its officers, agents and employees from and against all claims, demands, causes of action, costs and liabilities, in law or in equity, of every kind and nature whatsoever, directly or indirectly resulting from or caused by the use and occupation of the leased facilities, whether such use is authorized or not, or from any act or omission of Lessee, or of its officers, agents, employees, guests, patrons, or invitees. Lessee shall, at its sole risk and expense, defend any and all suits, actions, or other legal proceedings which may be brought or instituted against Lessor, its officers, agents, and employees, or any such claim, demand or cause of action, and Lessee shall pay and satisfy any judgment or decree which may be rendered against Lessor, its officers, agents, and employees, in any such suit or legal pro- ceedings. - 13. Cancellation by Lessee: Should Lessee cancel the event or fail to occupy the premises at the time speci- fied, all deposits required by this contract shall be forfeited to Lessor as liquidated damages. Lessee will pay any reimbursable expenses incurred by Lessor in connection with the event covered by this agreement. 14. Default: If Lessee defaults in the payment of the rent at the time specified or if Lessee defaults in any other lease covenant, this lease, at the option of the Lessor, shall terminate and the relation of the parties shall be the same in all respects as if said term had fully expired; and Lessor may re-enter the premises and hold the same, remove all persons therefrom, and resort to any legal proceeding to obtain such possession, and Lessee shall pay the full amount of said rental as herein agreed to be paid. 15. Compliance with Laws and Regulations: Lessee will comply with all laws, ordinances, and regulations adopted or established by federal, state, or local governmental agencies, as well as all facility rules and regula- tions provided by Lessor, and will require its agents and employees to do so. Lessee also is responsible for see- ing that no activities in violation of federal, state or local laws are permitted on the premises. Lessee will obtain and pay for all necessary permits and licenses. Nothing shall be presented, used or sold that is contrary to law or prohibited by ordinances of the City of Corpus Christi. 16. Public Safety: Lessee will conduct its activities with regard to public safety, and will heed applicable reg- ulations and requests by governmental agencies responsible for public safety. All portions of the sidewalks, entries, doors, corridors, stairways, passageways, and all ways of access to public utilities on the premises shall be kept unobstructed by Lessee. Lessee will not bring onto the premises anything likely to endanger any person on the premises, or to constitute a hazard to property thereon without prior approval of Lessor. 17. Defacement of Facility: Lessee will, upon termination of this contract, surrender the premises in as good order and condition as existed at the start, acts of God and ordinary wear and tear excepted. Lessee shall not injure, mar or in any manner deface said premises, and shall not cause or permit anything to be done whereby said premises or equipment therein shall be in any manner injured, marred or defaced. Lessee will not drive or permit to be driven, nails, hooks, tacks, or screws into any part of said building or equipment, and will not make, or allow to be made, any alterations of any kind therein. No bills, signs or other articles shall be taped, pasted, nailed or otherwise attached to the interior walls, exterior walls or any other portion of said premises without approval of Lessor. 18. Payment for Damages: Lessee will pay costs of repair or replacement for any and all damages or what- ever origin occurring during the term of this lease in order to restore the facility to a condition equal to that which existed when the lease began. If requested by Lessor, Lessee will post from ticket sales receipts, before settle- ment, an amount equal to Lessor's estimate of the cost of such restoration. Lessor will give a detailed -account- ing to Lessee at the end of such restoration. 19. Advertising: Lessee may advertise any performance, exhibition, attraction or public display if the meant and manner of such advertising meets with the approval of Lessor. All advertising of the event will be honest and true and will include accurate information on show times and ticket prices. 20. Tickets: For ticketed events, Lessor will control and direct the ticket office, ticket personnel and ticket sales revenue until settlement. Tickets with manifest attached shall be purchased from a bonded ticket printing company only. All tickets shall be consigned from the printer directly to Lessor, who shall control distribution. 21. Complimentary Tickets: Lessor will pay Lessee the full price for any such tickets received by Lessor. 22. Box Office Services: Lessee may enter into a separate agreement with Lessor for box office services, which shall be attached to this lease. Lessor shall account for funds which it handles, controls, keeps or has custody of and which are due the Lessee. 23. Seating Capacity: Lessee shall neither sell nor distribute tickets or passes in excess of the seating capacity of the facility, as determined by Lessor. Lessor will have the right to retain a certain number of seats as backup for problem seat locations and to determine the maximum number of persons which will be admitted at any one time to an exhibit show. Any seats with limited or impared view or any backstage seats will be so clearly marked. Refund of Ticket Revenue: Lessor has the right to decide ticket refunds for cause, in keeping '. Lessor's policy of retaining public faith. This shall include, but not be limited to, seats blocked by equipment when exchange for a comparable location is not possible, failure of projection equipment, or failure of the act to show or to go on stage within a reasonable time after the performance time advertised by Lessee. 25. Concessions: Lessor, through its concessionaire(s), reserves the sole right to sell or serve refreshments, including food, confectionery, cigars and cigarettes; the sole right to sell or serve alcoholic beverages; the sole • right to parking concessions; and the right to conduct check stands. Lessee shall not engagd In any such busi- ness in the facility. 26. Programs, Souvenirs, Novelties, Records and Tapes: These Items must be approved in advance by Lessor and sold only through Lessor's concessionaire. The concessionaire will collect a fee on all items sold and will withhold from gross sales the amounts due the vendors, concessionaire and Lessor. 27. Free Samples: No free samples of food, beverage, or any other product may be given away or otherwise distributed without prior written approval of Lessor. 28. Catering: Catering, as approved in advance by Lessor, may be performed by any reputable caterer. The caterer must comply with all alcoholic beverage laws as they apply to this facility. Lessee must tell Lessor the name of the caterer no less than ten days prior to the date of the event. 29. Staffing: Lessee shall secure and pay for all security and othernecessary event staffing according to instructions for Lessor. All work shall be done under the supervision and with the approval of Lessor. 30. Notice of Show Requirements: Lessee shall sumbit to Lessor a complete outline of all show require- ments and for exhibit shows, three full and complete copies of the floor plan, at least thirty days prior to the first day of the event for approval prior to set-up. 31. Control of Facility: In leasing space to the Lessee, Lessor does not give up control or the right to enforce all necessary laws, rules and regulations. Duly authorized agents of Lessor may enter the facilities at any time and on any occasion without any restrictions whatsoever. 32. Intermission: Lessee will allow an intermission of not less than fifteen minutes for each public perform- ance in the Auditorium lasting over an hour and a half. 33. Announcements: Lessor is entitled to make announcements as Lessor may deem necessary in the inter- est of public safety. Lessee will cooperate and will cause its agents and performers to cooperate with the deliv- ery of such announcements. 34. Persons Violating the Law: If Lessor has good cause to believe that any person on the premises is in vio- lation of Federal, State or local law, ordinance or regulation, Lessor may object, or cause to be ejected any such person or persons. 35. Broadcast Rights: Lessor reserves all rights and privileges for outgoing television broadcasts originating from this facility during the term of this agreement. Should Lessor grant Lessee such privilege, Lessor has the right to require advance payment of any estimated related costs to Lessor and may also require payment for said privilege In addition to the rental fee. Such permission must be obtained in writing in advance of the broadcast date. 36. Act Contract: Lessee assures Lessor that it has a valid contract with the performers who will put on the show and upon request shall submit a copy of the contract. 37. Copyrights: Lessee will assume all costs arising from the use of patented, trademarked, franchised or copyrighted music, materials, devices, processes or dramatic rights used on or incorporated in the event. Lessee will indemnify, defend and hold harmless Lessor from any claims or costs, including legal fees, which might arise from question of use of any such material described above. 38. Lessee's Property: Lessor will accept delivery of property addressed to Lessee only as a service to Lessee, and Lessee will indemnify and hold harmless Lessor for any loss or damage to such property in the receipt, handling, care or custody of such property at any time and from any claim or costs related to claims from any third party for loss or damage to property on the premises during the time covered by this agreement. 39. Exhibit Entrance: All articles, exhibits, fixtures, materials, displays, etc., shall be brought Into or out of the facility only at such entrances and during such hours as designated by Lessor. 40. Lost Articles: Lessor shall have the sole right to collect and have custody of articles left in the premises by persons attending any performance, exhibition or entertainment funotion. Lessee or any person in Lessee's employ shall not collect or interfere with the collection or custody of such articles. 41. Civil Rights: Lessee will not discriminate against any employee or any applicant for employment because of race, religion or national origin, and will not discriminate for those same reasons against any persons relative to admission, services or privileges offered to or enjoyed by the general public. 42. Non -Assignment: Lessee shall not assign this lease or suffer any use of said premises other than that herein specified, or let or sublet the same, or suffer any article to be brought into or act done on said premises which increases the premiums on the policy or policies of insurance held by Lessor on Its briilding of which said premises are a part or vitiates the terms of any such policy. 43. Unavoidable Happenings: Should said facilities or any part thereof be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this lease by the Lessor impossible, including, without limitation thereto, requisitioning of the leased premises by the United States Government or the State of Texas, or any arm or instrumentality thereof, then this lease shall terminate. Lessee shall pay rental for said premises only up to the time of such termination at the rate herein specified, and Lessee hereby waives any claims for damages or compensation should this lease be so terminated. 44. Evacuation of Facility: Should it become necessary, in the judgment of the Lessor, to evacuate the prem- ises because of a bomb threat or for other reasons of public safety, Lessee will retain possession of the premises for sufficient time to complete presentation of the activity without additional rental charge providing such time does not interfere with another building lease. If it is not possible to complete the presentation of the activity, the rental shall be forfeited, prorated or adjusted at the discretion of the Lessor, based on the situation, and the Lessee hereby waives any claim for damages or compensation from the Lessor. 45. Interruption or Termination of Show: Lessor shall retain the right to interrupt or terminate any perform- ance when, in the sole judgment of Lessor, such an act is necessary in the interest of public safety. 46. Scheduling: Unless otherwise specified in writing, Lessor shall be privileged to schedule other similar events both before and after the dates of this contract without notice to Lessee. 47. Other Conditions: Any matters not expressly provided for in this agreement will be at the sole discretion of Lessor. Lessee and Lessor stipulate that in the entering of this lease they are not in any way partners or joint v,enturers but are to each other Lessor and Lessee, respectively, and occupy that status only. This agreement shall bind the parties and their respective heirs, executors, successors, administrators and assigns. - - This contract must be signed in duplicate and returned to Lessor within ten days, or it may be considered null and void. SIGNED IN DUPLICATE ORIGINALS on the date shown on page one of this lease. CITY OF CORPUS CHRISTI, TEXAS By Convention Center Manager LESSOR By LESSEE Contract No. o Lessee: CITY OF CORPUS CHRISTI, TEXAS ABBREVIATED PUBLIC FACILITY LEASE Telephone No.'. Event: Facility'Used: Date of Event: Deposit: Date Required: *Rental Fee: Catering: Yes No Fee: *Note: This fee covers only the basic rental charge. Lessee shall use the facilities listed above for the stated purpose and no other without the written consent of the Lessor. Lessor will deliver, at its expense, reasonable heating or cooling and overhead light for ordinary use. Lessor will determine what is reasonable under the circum— stances, and shall not be held liable for any delays, failures or accidents which may affect such services and facilities. For each room rented, Lessor will allow at no cost to Lessee the use of the installed public address system and one microphone, and up to 100 chairs and 4 tables. Lessor will also perform one daily cleaning of the room, and arrange for normal janitorial services during the event. All other services or conditions requested by Lessee will be at the expense of the Lessee, unless they are specifically exempted from charge in writing by Lessor. The Lessee assumes all-risk of loss, damage or injury, by fire or otherwise, to person or property, by reason of the condition of the leased premises, or by reason. of the management, control or operation thereof, and releases the lessor, its successors and assigns, from all claim for such loss, damage or injury sustained by the Lessee, or by any agent or employee of the lessee, or by any person whomsoever, whether cause0 by the negligence of the Lessor, its agents or employees, or otherwise; and the Lessee agrees to indemnify the Lessor, its successors and assigns, against all claims for• such loss, damage or injury sustained by the Lessee, or by any agent or employee of the Lesse, or by any person whomsoever, whether the same be caused by the negligence of the Lessor or of its officers, agents, employees, or otherwise. Should Lessee cancel the event or fail to occupy the premises at the time specified, all deposits required by this contract shall be forfeit to Lessor as liquidated damages . EXHIBIT "B" Lessee is responsible for seeing that no activities in violation of federal, state or local laws are permitted in the premises. Lessee will conduct its activities with regard to public safety, and will heed applicable regulhtions and requests by governmental agencies responsible for public safety. Lessee shall employ and pay for all security and other necessary event staffing according to instructions from Lessor. All work shall be done under the supervision and with the approval of Lessor. In leasing the space to the Lessee, Lessor does not give up control or the right to enforce all necessary laws, rules and regulations. Duly authorized agents of Lessor may enter,the facilities at any time and on any occasion without any restrictions whatsoever. Lessor, through its concessionaire, reserves the sole right to sell,refreshments and to conduct paid parking. All such revenues belong to the Lessor. Catering, as approved in advance by Lessor, may be performed by Lessee or any reputable caterer employed by Lessee. However, only the Lessor's concessionaire may dispense or sell alcoholic beverages'. If Lessee has a catered function, Lessee will be charged a catering fee in addition to the base rental fee. Lessee will, upon termination of the event, surrender the premises in as good order and condition as existed at the start, acts of God and ordinary wear -and tear excepted. Lessee shall not injure, mar or in any manner deface said premises or the equipment therein. Lessee will pay the costs of repair or replacement for any and all damages of whatever origin occurring during the term of this lease in order to restore the facility or its equipment to a condition equal to that which existed when the lease began. Any matters not expressly provided for in this agreement will be at the sole discretion of Lessor. Lessee and Lessor stipulate that in the writing of this lease they are not in any way partners or joint venturers, but are to each other Lessor and Lessee, respectively, and occupy that status only. This agreement shall bind the parties and their respective heirs, executors, successors, administrators and assigns. SIGNED IN DUPLICATE this CITY OF CORPUS CHRISTI, TEXAS day of , 19 Convention Center Manager Lessee 4 CITY OF CORPUS CHRISTI BOX OFFICE SERVICE ("CITY") AGREEMENT Addendum to Lease Agreement 1 GENERAL PROVISIONS: All ticket printing costs shall be borne by the Leasee. Before placing the order for the printing of the tickets, the Lessee shall confer with the Convention Center Manager (Lessor), concerning the proposed printer. With the approval of the Lessor, the tickets shall be ordered and sent directly to the Convention Center Mana- ger, along with a copy of the printerts manifest. Prior to distribution, the Lessee will inform the Lessor as to the number and location of any complimentary tickets the Lessee wishes to have withheld. The Convention Center Manager will give these tickets to the Lessee along with any other tickets the Lessee may wish to sell. Any such tickets will become the responsibility of the Lessee, and must be accounted for in the final settlement. At the date specified, the Convention Center Manager will distribute the tickets to the outlets listed below. All tickets will be advertised and sold only at. the stipulated price, except that the outlet is authorized to add a per ticket handling fee. This fee will also be added by the Corpus Christi Box Office Service for Mail Order sales or on tickets purchased at. the Box Office with a credit card or check. On the day of the event, all tickets and monies will be reconciled between the "City" and the outlets, and secured for day -of -show sales. On the day -of -show, the "City" will provide one bonded ticket seller at no addi- tional cost to the Lessee. Should additional sellers be needed, the Lessee will pay for same. Unless mutually agreed upon by the Lessor and Lessee, a complete reconcilia- tion of the ticket sale shall take place at the time of the event, and a box office statement shall be prepared. Aii monies due the City will be deducted at this time, with the balance given to the Lessee. ADVANCE TICKET SALES: For advance ticket sales, Lessee"agrees to pay Lessor a two-week minimum fee of per week or % of the gross ticket sales, whichever is greater. Additional weeks will increase the minimum fee by $200.00. Individual days will be pro -rated. Gross ticket sales will include all tickets sold, regardless where or how they are sold. If the event is cancelled, the City will refund all monies to those who purchased the tickets, and will charge lessor the minimum fee for each week, the tickets are on sale. Individual days will be pro -rated. EXHIBIT "C" �' MAIL ORDER SALES: If requested by the Lessee and agreed to by the Lessor, the City will conduct a mail order ticket sale. This will not increase the mi„imum fee for advance ticket sales. It is understood, however, that the City will receive % on all tickets sold. In addition, the City will add per ticket for postage and handling. This fee will be paid by the customer. RESPONSIBILITY: While the tickets are in the possession of the City or its authorized outlets, the City will be responsible for accounting for both unsold tickets and revenue received. • TERM OF AGREEMENT: A. Name of Event B. Date of Event C. Mail Order Sale Beginning D. Advance Sale at Outlets Beginning E. Name of Outsets This agreement executed this the CITY OF CORPUS CHRISTI, TEXAS day of , 19 Convention Center Manager Lessee OUTLET CITY OF CORPUS CHRISTI TICKET SERVICE ( "CITY" ) OUTLET AGREEMENT EVENT SERVICED EVENT LOCATION DATE OF EVENT The outlet acknowledges receipt of the following tickets: each each each Any additional tickets provided to the outlet for this event will be accounted for on a separate receipt. Outlet aocepts responsibility for all tickets and money collected until same is turned over to "City". Outlet further agrees to reimburse the "City" for any loss as a result of a shortage of either tickets or money. The tickets will be sold at face value only, except that the outlet, at its option, may add up to 25¢ per ticket for handling expenses. Any such handling fees collected will be retained by the outlet. All other monies collected, along with any unsold tickets, will be turned over to the City upon demand. The outlet will provide the "City" with periodic reports on the number of tickets sold. This agreement, executed this CITY OF CORPUS CERISTI, TEXAS Convention Center Manager day of , 19 Outlet EXHIBIT "D" Caterer CITY OF CORPUS CHRISTI, TEXAS CATERING AGREEMENT Event Serviced Event Contract U Date of Catered Function Location Time General Provisions: The dispensing of any alcoholic beverages must be in compliance with state and local laws. Subject to the conditions outlined herein, the caterer is entitled,under this agreement to provide catered food and beverage service to the event listed above. • Under this agreement, up to tables and chairs will be provided and set up by the City. In addition, the caterer will have the free use of the catering kitchen, and will be provided ice as available from within the building. City -owned equipment which is not specifically provided free under this agreement may be rented. from the City at•standard rates. At least ten days prior to the date of the catered function, the caterer will provide the City with a list of the set-up requirements. In addition, the caterer will provide the City with a public liability insurance policy in which both the caterer and the City are named as insured, in the form of an acceptable certificate of insurance. This certificate shall include the coverage specified on the attached sheet of insurance specifications. .The caterer will avoid creating any unnecessary mess and endeavor to protect the carpet in serving areas with mats supplied by the City. Upon termination of the function, the caterer will clear all tables, clean the kitchen (if used), and bring all trash to the designated location in containers furnished by the City. The caterer will pay for any damage to the building or city -owned equipment which is caused by the caterer or those employed by the caterer. If the caterer fails to properly clean the kitchen after its use, the City will bill the caterer for the cost of the labor involved to perform this task. Payment and Reportin: The caterer agrees to pay to the City 107 of the gross receipts charged the Lessee or $200, whichever is greater. The caterer shall submit a Report of Gross Receipts and a copy of the invoice to the Lessee and make payment of all fees due to the City upon the termination of the function on to the Convention Center Manager. A deposit of $ will be required to be made by the caterer by to the Convention Center Manager. Right to Inspect Records: The books and records of the lessee/caterer with respect to the event to be held, shall be accessible during usual business hours to the City or its duly authorized agents or auditors for purposes of verifying the information set forth in any Report of Gross Receipts or for the purpose of verifying compliance by the lessee/caterer with the terms of the agreement, but for no other purpose. This agreement executed this the day of , 19 CITY OF CORPUS CHRISTI, TEXAS Convention Center Manager Caterer Corpus Christi ,-xas day of Ae.„6,_ . 19 g% TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky / . i E CIT /OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 1_5988 STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came HILLIE J HENflEROSN , who being first duly sworn, according to law, says that he is the ACCOUNTING MBE of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of .NATxCF�---.A�..BASSAII:..OF.AB]1)3iANCB-•zfo,�598&; :—. of which the annexed is a true copy, was published in .__.TH ...COBPus_. CEIRISTL. CALI ER— ------- on the.__.2f .. day of JANUARY 19...x1.., and once each day thereafter for =se consecutive days one Times. BITTI4Tiv,r.w..... / /yP-rr // j'/ -:' IV_ 3.043. -2VCCCATIVIING—CLERK Subscribed and sworn to before me this 5th day of k'ESUABY 19 81.._ IDS WINN 1,4 Not , Nueces County, Texas Sr_0- £ ...4' 7 Si'. ;t D _ <.T r 211'2.73 ''tr.'' 2 .0;1 NOTICa'gr. P� a OFO' NO 15 AMENDING THE COD*' OF ORDINANCES,- CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 36, ARTICLE III, PROVIDING FOR RENTAL CHARGES AND REGULATIONS AN• AUTHORIZING THE CON VENTION CENTER MAN AGER TO EXECUT CUT LEASE AGREEMENT FOR THE RENTAL O" THE BAYFRONT PLAT CONVENTION CENTE FACILITIES; AND D - GLARING AN EMERGEN WAS PASSED AND AP PROVED by the City Co0QCi of the City of Corpus Christi, Texas during the Regular Council Meeting held on the 21st day of January, 1961,A 2.00 p m. and providing pub- lication one time in the offi- Ciat publication of the Corpus Christi, Texa4— ISSUED UNDER MY HAND AND SEAL of the City of Corpus Christi, Texas this the 42nd dJanuary 1981, •s•BayJofI G. Rea• Cit Secret.