HomeMy WebLinkAbout17417 ORD - 12/29/1982AN ORDINANCE
AUTHORIZING A FIVE YEAR LEASE AGREEMENT WITH THE
BUCCANEER COMMISSION, INC., FOR USE OF CITY PROPERTY
ADJACENT TO MEMORIAL COLISEUM AND FOR THAT PORTION OF THE
COLISEUM PRESENTLY KNOWN AS THE BUCCANEER COMMISSION
OFFICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a lease
agreement with the Buccaneer Commission, Inc., for the use of property
adjacent to Memorial Coliseum used for the Buccaneer Days celebration and
that portion of the Coliseum presently known as the Buccaneer Commission
office, for a period of five years, all as more fully set forth in the lease
agreement, a substantial copy of which is attached hereto and made a part
hereof marked Exhibit "A."
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, word,
phrase, or provision hereof be given full force and effect for its purpose.
SECTION 3. This ordinance shall be effective upon publication one
time in the official publication of the City of Corpus Christi, by publishing
the caption of this ordinance stating the purpose, intent, and effect of the
aforesaid ordinance.
174-17
MICROFILMED
SEP 2 81984
, LEASE AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
THIS AGREEMENT made and entered into this the day of
, 19 , by and between the City of Corpus Christi,
hereinafter called "City", and the Buccaneer Commission, Inc., hereinafter
called "Commission."
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto the Commission, for the purpose
of holding a carnival and related activities in connection with the Buccaneer
Days Celebration, the following described City property:
(a) Those paved areas bounded by the West curb line of
South Shoreline Boulevard (northbound), the East
curb line of South Shoreline Boulevard (southbound),
the South wall of the Coliseum, and a line 120 feet
south of the parallel to the South curb line of the
existing parking lot located south of the Coliseum.
(b) That portion of the Coliseum presently known as the
Buccaneer Commission Office, consisting of
approximately 900 square feet of office floor space.
In the event additional area is requested by the Commission, prior
written approval shall be obtained from City's Director of Parks and
Recreation. It is understood and agreed that no concession stand, rides or
other appurtenances connected with the carnival shall be allowed to use the
grassed or shrubbed areas within the above described boundaries or the
sidewalk to the South entrance of the Coliseum from Park Street to the
Coliseum without permission in writing from the Director of Parks and
Recreation.
2. The consideration for this agreement and for the covenants
herein contained to be kept and performed by Commission is as follows:
(a) The payment of One Dollar ($1.00) to City upon the
execution of this agreement.
(b) The payment of a like sum on or before the
anniversary date of this agreement in each succeeding
year hereafter.
(c) Commission shall make available to City's Coliseum
Manager's staff for its reasonable use, a copy
machine located in the Buccaneer Commission Office.
(d) Commission shall carry out the kinds of activities
that have been traditionally associated with the
annual Buccaneer Days Celebration, such as the
Buccaneer Days parades, festival, fireworks
displays, and carnival.
3. This lease is for a term of five (5) years, commencing on the
date above written. Commission shall be entitled to use the premises
described in paragraph 1(a) above for a period during April, May or June, not
to exceed eleven (11) days (consecutive) during each of the years, 1984,
1985, 1986, 1987, and 1988, the exact dates to be mutually agreed upon by
City and Commission in each of such years; provided, however, that by giving
written notice of cancellation at least nine months prior to the first day of
the eleven -day use period, this agreement shall terminate after such notice.
Commission shall be entitled to use the premises described in paragraph 1(b)
during the entire term of this lease.
4. Commission shall be entitled to block off Park Street between
South Shoreline Boulevard northbound and southbound, provided that Commission
shall take care not to obstruct or interfere with traffic upon South
Shoreline Boulevard, either northbound or southbound. Commission shall
provide driveway access for trucks to the service drive entrance of the
Coliseum, and shall keep such driveway open and unoccupied by structures or
automotive equipment.
5. Prior to any annual carnival period, the Commission shall first
obtain the approval of City's Director of Transportation as to the adequacy
of set -backs along South Shoreline Drive, both northbound and southbound.
6. During and immediately after each annual carnival period,
Commission shall be responsible for maintaining a condition of continuous
cleanliness of the carnival, entrance -ways, parking and restroom areas,
approaches, and surrounding areas. In the event the Commission does not
promptly clean up such areas of all trash, litter, and other debris, and
standing water which might collect upon the carnival grounds, and does not
continuously maintain such condition of cleanliness, City has the right to
immediately perform such clean-up and bill the Commission for such work,
which bill the Commission will pay to City upon receipt.
7. Commission shall, at least seven (7) days prior to the
Buccaneer Days Celebration during each year that this agreement is in effect,
file with City's Director of Parks and Recreation a cash bond in the amount
of Three Thousand Dollars ($3,000), or a surety bond in a like amount
executed by a corporate surety company authorized to do business in the State
of Texas. Such bond shall be conditioned upon the payment by Commission of
any and all property damage which may be done to the properties of City as a
result of the Buccaneer Days Celebration.
8. City and Commission 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 Buccaneer Days
Celebration, shall be submitted for determination and resolution, first to
City's 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 the Commission. In the event of such appeal,
the decision of the City Council shall be final.
9. Commission shall indemnify and hold harmless City from and
against any and all liability for loss, damage or injury to persons or
property arising out of the Commission's use, occupancy, or maintenance of
the above described demised premises. Commission agrees to obtain at its sole
expense and file with the City Secretary of the City of Corpus Christi at
least seven (7) days prior to the Buccaneer Days Celebration during the years
covered by this agreement, a policy of public liability insurance by terms of
which the City will be a coinsured and which shall provide limits of not less
than $300,000.00 per person and $1,000,000.00 for any single occurrence for
bodily injury or death, and $50,000.00 for any single occurrence for injury
to or destruction of property.
10. Commission agrees to maintain such fire lanes upon the property
herein described as may be designated by City's Fire Chief.
11. Commission agrees to obtain such permits from City's Health
Department, Building Inspection Department, Fire Marshall and other
regulatory bodies as may be necessary to conduct the Buccaneer Days
Celebration. The Commission, its officers and agents will comply with all
federal, state, and local laws, rules, and regulations.
12. The lease of the Buccaneer Commission Office described in
paragraph 1(b) above shall include the use of all utilities associated
therewith. When necessary for the security of ticketed events, City's
Coliseum Manager may temporarily limit access to such office space.
13. City shall make available during the hours of the carnival
operation the ground -level south bank of restrooms in the Coliseum.
14. City shall make available either the Silver Room or the Gold
Star Room in the Coliseum for Commission meetings and Buccarader meetings
whenever such rooms are not otherwise scheduled to be in use. It is
contemplated that there will be approximately ten (10) such meetings each
year.
15. Commission shall not assign this agreement nor sublease the
whole or any part of the demised premises or make any alteration therein
without the consent of City first obtained in writing.
16. Any failure on the part of the Commission to perform any of the
covenants contained on the part of the Commission, shall entitle City to
forthwith terminate this agreement without notice or demand of any kind,
notwithstanding any license issued by City and no forbearance by City of any
prior breach hereof by Commission 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 Commission and such sums shall
inure to the benefit of City as a setoff against any debt or liability of
Commission to City otherwise accrued by breach hereof.
WITNESS OUR HANDS this day and year first above written.
ATTEST: THE CITY OF CORPUS CHRISTI
City Secretary
APPROVED: DAY OF
City Attorney
ATTEST:
, 1982
Edward A. Martin, City Manager
ASsistant City Manager
BUCCANEER COMMISSION, INC.
By
President
That the foregoing ordinance was read for fir t time and ppo�sed to its
second reading on this the /S day of , 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 Ja.p second time and passed to its
third reading on this the pg day of _ 4e,,.,/_,(0.y , 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 ordinanrl as rea, for the t yrd time and passed finally
on this the c2.qday of j _� , 19 G , by the following vote:
Luther Jones
Betty N. Turner 1
Jack K. Dumphy '
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the 9 day of
ATTEST:
PeAPP DAY ED:
1OF , 19glr
•
J. BRUCE AYCOCK, CITY ATTORNEY
By
MAY
X77 J;
THE s Y OF CORPUS CHRISTI, TEXAS
9d2
1'74.17
STATE OF TEXAS, 1u;
County of Nueces. Jf
PUBLISHER'S AFFIDAVIT
#23928
CITY OF CORPUS CHRISTI
Before me, the undersigned, a Notary Public, this day personally tame....._.
ANNA GARZA who being first duly sworn, according to Jaw. says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Chr�i filmes,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
_.Sar...QE_QL2AaaAGF _QR ORDINANCE OI FIR,•l..,r3, ,({tj C_.pUTIjQ,uZING_A„Fp!E�_�!
CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the 20 _ Any of___ DECEMBER 19 $2, and once each DAY �the t for ONE
consecutive.
ONE ....--Times
- 26.10 ANNA GARZA . �d ig2..-.-.
--- ACCT CLERK — E•
Subscribed and sworn to before me this... 9th -
EUGENIA S. CORTEZ .
FEBRUARY” 19 83
ti
tarylie, Nueces County, T
OF ORDINANCE ON
FIRST READING
AUTHORIZING A
FIVE-YEAR LEASE
AGREEMENT WITH THE
BUCCANEER COMMIS-
SION, INC, FOR USE OF
CITY PROPERTY ADJA-
CENT. TO MEMORIAL
COLISEUM AND FOR
THAT PORTION OF THE
COLISEUM PRESENTLY '
KNOWN AS THE BUCCA-
NEER COMMISSION
OFFICE.
Was passed on first read-
Ing by the City Council of
the City of Corpus Christi,
Texas on the 1Sth day of
December, 1982. The full
text of said ordinance is
avallable 10 the public In
the Office of the City Sean
-
tory.
.s. BIll G. Read
City Secretary,
Corpus Christi,
ffexas
;
'NOTICE °FIFA SAGE
OF ORDINANCEiNp.i...:
17417
AUTHORIZING A FIVE
YEAR fi,EASE AGREE-
MENT WITH • THE
BUCCANEER COMMIS-
SION, INC., FOR USE OF
CITY PROPERTY ADJA-
CENT TO MEMORIAL
COLISEUM AND FOR
THAT PORTION OF THE
COLISEUM PRESENTLY
KNOWN AS THE BUCCA-
NEER COMMISSION
OFFICE —x
as passed and approved
y the City Council of City
f Corpus Christl, Texas on
he 29th day of December,
982. The full text of said
rdlnance l available to the
•ubilc In the Office of the
ty Secretary. ,
-s•Bill G. Read
City Secretary'
- - Corpus Chrisfl,
Texas
STATE OF TEXAS, 183,
County of Nueces.
PUBLISHER'S AFFIDAVIT
• 4
#26405
CITY OF CORPUS CHRISTI
/7 W7
Before me, the undersigned, a Notary Public, this day personally came.
ANNA GARZA
whobeing first dmysworn, according to law, saga that be is the
�- ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi es,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO 17417 AUTHORIZING A FIVE YEAR LEASE
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the 3rd day JANUARY 19 83 and once each DAY thereafter _ ONE
consecutive DAY
25.20 • ANNA GARZA
ACCT CLERK
Subfcribed and sworn to before me this...—.9t2_ day
EUGENIA S. CORTEZ
FEBRUARY--- 19 83
tary