HomeMy WebLinkAbout17236 ORD - 09/01/1982AN ORDINANCE
AUTHORIZING A THREE YEAR LEASE WITH BAYFEST, INC.
SECTION 1. That the City Manager be and he is hereby authorized to
execute a three year lease agrement with Bayfest, Inc., as more fully set
forth in the agreement, a substantial copy of which is attached hereto and
made a part hereof marked Exhibit "A".
127236
sgp 2 8 1984
KAMMER- -
LEASE AGREEMENT
THE STATE OF TEXAS i
5 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT made and entered into by and between the City of Corpus
Christi, hereinafter called "City", and the Bayfest Inc., hereinafter called
"Bayfest".
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto Bayfest, for the purpose of
holding a festival and related activities in connection with the Bayfest
Celebration, thfollowing described City property:
The sidewalks, medians, seawall, along Shoreline Boulevard
between Interstate Highway 37 and the Bayfront Science Park,
and four municipal parking lots adjacent to Interstate
Highway 37 access roads, said areas being more fully
described in Exhibit "A" attached hereto.
In the event additional area is requested by Bayfest prior written approval
shall be obtained from City. It is understood and agreed that no concession
stand, rides or other appurtenances connected with Bayfest shall be allowed to
use the grassed or shrubbed areas within the Bayfront Science Park without
permission in writing from the Convention Center Manager and the Director of
Parks & Recreation.
2. The consideration for this agreement and for the covenants herein
contained to be kept and performed by Bayfest is as follows:
The payment by Bayfest to City of four percent (4%) of the
gross receipts derived from the festival within 60 days
after the event ends each year.
3. This lease is for a term of three (3) years, commencing August 15,
1982. Bayfest shall be entitled to use the premises described in paragraph 1
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above for a period during September or October, not to exceed -mine days
(consecutive) during each of the years, 1982, 1983, and 1984, and to the
exclusive use of said premises for a period not to exceed 54 hours within such
A agfti•fitae.v._...$
-ftine-day period, the exact dates and times to be mutually agreed upon by City
and Bayfest in each of such years; provided, however, that by giving written
notice of cancellation at least nine months prior to the first day of the
nine -day use period, this agreement shall terminate after such notice.
4. Bayfest shall be entitled to block off Shoreline Boulevard northbound
and southbound, only after properly applying to City each year for the temporary
closing of the street to traffic, and in accordance with the terms of a street
closing ordinance passed by the City Council. Otherwise, Bayfest shall take
care. not to obstruct or interfere with traffic upon Shoreline Boulevard, either
northbound or southbound. Bayfest shall provide driveway access for trucks and
emergency equipment to the service date entrance of the Convention Center and
the Art Museum of South Texas, and shall keep such driveways open and unoccupied
by structures or automotive equipment.
5. In respect of each annual festival, in consideration of the payment
provided in paragraph 2 above, City (acting through its Parks and Recreation
Department, or other applicable department) shall:
a. Provide litter collection, street sanitation services and trash
pick-up. In this regard, it is contemplated by the parties that the City
shall provide approximately six (6) trash trucks (one to be located at each
street) and approximately eighty (80) trash barrels for placement in
designated areas in and around the Bayfest site. Bayfest will provide
plastic trash bags for such purposes.
b. Furnish and haul sand to designated areas within the Bayfest
site.
c. Furnish, transport, and set up (and after the festival remove) *
picnic tables and chairs to and from the Bayfest site.
d. Furnish, transport, and set up pegboards in appropriate areas at
the site.
e. Transport Bayfest's personal property to and from Bayfest's
warehouse.
f. Provide appropriate personnel to assist Navy Seabees and other
volunteers in the construction and take-down of Bayfest booths, structures
and other improvements.
Bayfest, Inc., shall provide Corpus Christi Parks and Recreation Department
personnel who are providing services in respect of the Bayfest festival with
Bayfest T-shirts.
6. Bayfest shall provide certain barricades and uniformed security
personnel in sufficient number, as determined by city's Chief of Police, to
provide for internal security during the festival. City shall provide
additional police services for crowd and traffic control.
7. Bayfest shall furnish liability insurance free of cost to City,
protecting against liability to the public and Bayfest participants, including
volunteer workers. Such insurance shall have policy limits of at least $500,000
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for personal injury or death, $1,000,000 per occurrence, and $100,000 property
damage, and shall name the City of Corpus Christi, Texas and Bayfest, Inc. as
insured. A Certificate of Insurance in the above amounts shall be furnished to
City's Director of Parks and Recreation.
8. Any damage to City property will be restored by Bayfest promptly after
the close of the event.
9. Any work which involves holes or other changes in the pavement, curbs,
sidewalks, or seawall, must be approved by City's Chief Engineer and no such
approval may be given if the work will require repair by the City.
10. Bayfest shall obtain appropriate permits from the Alcoholic Beverage
Commission for the sale of beer and the City -County Health Department for the
sale of foods, and shall provide adequate portable restrooms.
11. The construction work for displays within the areas affected by this
ordinance shall be conducted in accordance with City specifications and building
codes and after furnishing adequate assurance that all damages will be remedied
by Bayfest.
12. No paint or markings shall be permitted which in any way obliterates
or defaces any pavement markings or signs heretofore existing for the guidance
of motor vehicles or pedestrians.
13. City and Bayfest hereby agree that any disputes which may arise
between them concerning this agreement, such as determining the amount of damage
to City property occurring as a result of the festival, shall be submitted for
determination and resolution, first to the Director of Parks and Recreation,
with a right to appeal to the City Manager. The decision of the City Manager
shall be final, unless that decision is appealed to the City Council by giving
written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been sent to Bayfest. In the event of
such appeal, the decision of the City Council shall be final.
14. Bayfest agrees to maintain such fire lanes upon the property herein
described as may be designated by City's Fire Chief.
15. Bayfest shall not assign this agreement nor sublease the whole or any
part of the donised premises or make any alteration therein without the consent
of the City first obtained in writing.
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16. Any failure on the part of Bayfest to perform any of the covenants
contained in this agreement, or any breach of any covenant or condition herein
contained on the part of Bayfest, shall entitle City to forthwith terminate this
agreement without notice or demand of any kind, notwithstanding any license
issued by City and no forebearance by City of any prior breach hereof by Bayfest
shall be deemed a waiver by or estoppel against City. In case of any such
termination City shall be entitled to retain any sums of money theretofore paid
by Bayfest and such sums shall inure to the benefit of City as a setoff against
any debt or liability of Bayfest. to City otherwise accrued by breach hereof.
THIS, the day of , 1982.
CITY OF CORPUS CHRISTI ("City")
By:
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
day of , 1982.
City Attorney
Edward A. Martin
City Manager
EA)
BAYFEST, INC. ("Bayfest")
By:
THE STATE OF TEXAS §
COUNTY OF NUECES §
Ann J. Barber, Vice -President
BEFORE ME, the undersigned authority, on this day personally appeared
Edward A. Martin, City Manager of the City of Corpus Christi, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledge to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated and as the act and deed of
said City.
1982.
GIVEN UNDER MY BAND AND SEAL OF OFFICE, this the day of
Notary Public, State of Texas
Print Name:
My Commission Expires:
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SAYFRONT SCIENCE PARK FACILITIES
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THE STATE OF TEXAS S
COUNTY OF NUECES 5
BEFORE ME, the undersigned authority, on this day personally appeared
Ann J. Barber, Vice -President of Bayfest, Inc., known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same in such capacity for the purposes and consideration
therein expressed and as the act and deed of such corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /21-14 day of
1982.
Ve--/A,q/
Notary Public, State of Texad
Print Name:117,41)(e /21 /5e/e25(
My Commission Expires:
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That the foregoing ordinance wa read for e first time and passed to its
second reading on this the day of Uli tJr, 19 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for th econd time and passed to its
third reading on this the 25 day of 2 19 ege1—' , by the
following vote:
Luther Jones
Betty N. Turner
_
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles -W. Kennedy
Cliff Zarsky
That the foregojinj ordinance was
on this the day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the /V day of
ATTEST:
difor the thistime and passed finally
1. 7 19 6.4; by the following vote:
Ci y Secretary MAYOR .
THE CI OF CORPUS CHRISTI, TEXAS
AP,P7D:
DAY OF
J. BRUCE AYCOCK, C ¥ ATTORNEY
19 •
1272316
'PUBLISHER'S AFFIDAVIT . CITY OFT9C047
STATE .OF TEXAS, t„
County of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came_
LORRAINE C. MARTINEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK
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
NOTICE OF PASSAGE_QE.QUIRLUGE..........
CALLEIi-TIMES
of which the annexed is a true copy, was published in THE CORPUS CHRISTI
on the 23rd day °L._and once each.. ..... for oAe
AUGUST 19 82
consecutive
one Times.
21.60 LORRAINE C. MARTINEZ ..A.P.MaigUL
ACCOUNTING CLERK9 • Y2a2ree;121-
th 82
Subfc.xibed and sworn to before me y of SEPTEMBER
EUGENIA S. CORTEZ
Nueces Conn
- �*, 1 -01
# V378 9 96 .
_ cILT DE, C. 0.
. PUBLISHER'S AFFIDAVIT
'FATE OF TEXAS, }ss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ
, who being first duly sworn. according to law, says that he is the.
ACCOUNTING CLERK 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
NOTICE OF PASSAGE,...
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
30th SEPTEMBER 82 day one
on the....._ day of 19_, and once each.. thereafter for .—....._
alt
consecutive._ ..... .....day.
one Times.
4t..
.e
ACCOUNTING CLERK
2 0 . 70 LORRAINE C. MARTINEZ /
Subscribed and sworn to before me this 10th of SEPTEMBER 19 82
EUGENIA S. CORTEZ
6
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otarylpublic, Nueces County, Texas
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SECOND READI^~~`'YEAR ---H ^`apj
PEST„.thIC. TO GUAR N.
TEES, THE CITY 4%
WV:A ;Sassed on secorle
readingi,by the City Council
of the City of Corpus Chris
Te%8S on the 25th day of Au- I
gust, 1982, previously a
proved on first reading on
August 19, 1982. The full fel
of said ordinance is available,
to the public in the Office at',
the City Secretary.
-s.8111 G. Realgi
City Secretader
Corpus Chriti-,t
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