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
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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)
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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.