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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