HomeMy WebLinkAbout18594 ORD - 12/11/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF A THREE YEAR LEASE AGREEMENT
WITH BAYFEST, INC. FOR THE PURPOSE OF HOLDING A FESTIVAL AND
RELATED ACTIVITIES
SECTION 1. That the City Manager Is hereby authorized to execute a
three year lease agreement with Bayfest, Inc., for the purpose of holding a
festival and related a tivities all
ra fully set forth In the lease
agreement, a substantial copy of which Is attached hereto and made a part
hereof, marked Exhibit .0..
18594
THE STATE OF TEXAS 5
COUNTY OF NUECES 5
THIS AGREEMENT made and entered into by and between the City of Corpus
Christi, hresnafter called "City", and the Bayfest, Inc., hereinafter called
"Bayfest".
LEASE AGREEMENT
KNOW ALL NEN BY THESE PRESENTS.
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 andrelated activities in connection with the Bayfest
Celebration, the following 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 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 isunderstood and agreed that no concession
stand, rides orother appurtenances connected with Bayfest shall be allowed to
use the grassed a y
shrubbed areas wthin the Bayfront Science Park without
permission in writing from theConvention Center Manager and the Director of
Parks and Pecreation.
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,
1985. Bayfest shall be entitled to o - xclusive use (for purposesof set-up
and take-down) of the premises described in
paragraph 1 above fora period of
o
thirteen (13) days (consecutive) during each f the years, 1985, 1986, and 1987,
and to the exclusive use of said premises for a period of 54 hours within such
thirteen -day period in each of such years, all as set forth on the attached
Exhibit 4; provided, however, that by giving written notice of cancellation at
e
least nine the prior to the first day of each thirteen -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 making application to and receiving each
year from the City permission for the temporary closing of thestreet to
traffic, in accordance with the City Code and the terms of a street closing
ordinance passed by the City Council. Otherwise, Bayfest shall take ca not to
obstruct or interfere with traffic upon Shoreline Boulevard, either noethbound
Fp, A
or southbound Bayfest shall provide driveway access for trucks and emergency
equipment to the service 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 ofs a h
payment provided in paragraph2 above
Recreation Department, or other applicable
Provide litter collection,
pick-up. In this regard,
the City shall provide app
be located at each street
barrels for placement in
Bayfest site. Bayfest wil
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 10 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
wareh0u se
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 Park and Recreation Department
Personnel who are providing services in respect of the Bayfest festival with
Bayfest T-shirtsr
6. Bayfest shall provide certain barricades and uniformed security
personnel insufficient 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 comprehensive general liability insurance
free of cost t0 City, protecting against liability to the public and Bayfest
paarticipants, including
ncluleasin50volunt000 fer workers Such insurance shall have policy
and $100,000 C personalaand shallname
death, the City o$1,000,000
OCorpus
property dd pus
include
ecost l and liability
Inc., asadditional C i ured. 1 I i will
ibclude host liquor eifuility dndortheent. A Certificate or Insurance aid the
above amounts shall be furnished to the City's Director of Park and Recreation
1 festival, i consideration of the
City department)
its Park and
street sanitation se and trash
it contemplated by the parties that
roximately six (6) trash trucks (one to
) and approximately eighty (80) trash
designated providplastic trash andaround
forI such
8. Bayfest shall indemnify and hold harmless the City, its officers,
employees, and agents from any and all loss or damage to property, injuries, a
death to any persons, and from any and all claims, damages, sults, casts,
expense, liability, actions or proceedings of any kind whatsoever In any way
resulting from, or arising out of planning, preparation, construction,
operation,
facilities, equipmentor ,t or dismantlof ing s ddain yfest festival,
l pith orits
tfestival. activities,
its ow cast and expense, Bayfest willedefentlo and protect the City from any and
all such claims or demands and will defend all suits arising therefrom. The
obligation of Bayfest to indemnify and defend the City as provided in this
paragraph shall be reduced by (and any such reduction shall be made only to the
extend of) the percentage that any such claim, demand, loss or damage shall be
determined to result from, or be caused by, negligence of the City, its
officers, employees and/or agents.
9. Any damage to city property will be restored by Bayfest promptly
after the close of the event.
10 Any work which involves holes orother changes in the pavement,
curbs, sidewalks, a 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.
11. 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.
12. 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.
13. 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.
14. 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 a result of the festival, shall be submitted far
determination and resolution, first to the Director of Park and Recreation, with
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.
15. Bayfest agrees to maintain such fiie lanes upon the property
herein described es may be designated by City's Fire Chief.
16. Bayfest shall not assign this agreement n sublease the whole o
any part of the demised premises o make any alteration therein without the
consent of the City first obtained to writing.
17. Any failure on the part of Bayfest to perform any of the
covenants contained 1n 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 forbearance by City of any
prior breach hereof by Bayfest shall be deemed a
ir by orestoppel 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
u
shall insure to the benefit
of City as a setoff against any debt or liability of Bayfestto City otherwise
accrued by breach hereof.
This, the_ day of , 1984.
ATTEST CITY OF COPPUS CHRISTI
By
City Secretary Edward A Martin, City Manager
ARVACOCDY COATTORNEY , 1904
By
Assistant City Attorney
an
ATTEST. BAYFEST, INC.
Y M ager
By
Secretary Peggy Clark, President
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Exhrbrt E
PERIODS OF EXCLUSIVE AND
NON-EXCLUSIVE USE
Perrod of Exclusive Uee
13 -day Perrod (to include Period
of Extluatve Use
and iu
- arve
Set Up and Take Down Perrod)
1985 5 00 27, September 20, 1985 through
1985 th October , 1985
Sunday, rSeptember rO29 m1985
1986 5 00 p.m , Friday, Sept. 26, September 19, 1986 through
1986, through 11.00 pm. October 1, 1986
Sunday, September , 1986
1987 5 00 p m., Freday, Sept. 25, September 18, 1987 through
1989, through 11 00 p m. September 30, 1987
Sunday, September 27, 1987
That the foregoing ordinance// read for first time and p ed to its
nd reading an this the y19, day of`„w.,/, cz 19 by [he
fol Jowl ng vote
Leo Guerrero
Dr. Charles W. Kennedy L([j
Joe McComb
Frank Mendez
Mary Pat Slavik
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
that rdtreadon9
9onntthislthecegik dayd f j �t}d tlme andgp; ed by the
following vote ./ d'
Luther Jones
Betty N. Turner
David Berlanga, 0
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mender
Mary Pat Slavik
That the fo Jfryy�9 or0i reed for the�tl!”. dyt the and passed finally
on this the /A. da f road 19Q� b the fal lowinvote.
Luther Jones / Lea Guerrero
Betty N. Turner / Or. Charles W. Kennedy
David Berlanga, Sr. /_ _ Joe McComb
Welder Brown 1 Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the %/'^ day of
ATTEST
ry
APP OVERDAY OF /Jade jss. 19_531:
J. BRUCE : K, CIIT�TY ATTORNEY
By
ney
MAYOR. fi
THE CITY OF CORPUS CHRISTI, TEXAS
18594
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS. Sao
County of Na.e 1J
11 Sq'P
Before me, the undersigned, a Notary Puhhm t1, day personally came. _ _ _
MARGARET RAMAGE --- who being first duly swam, according to lav, says that be is the
COlMIRVITY RELA3IQi0SUPERVISOR of the Corpus ChoAB Caller and The Corpus Chnab Tsmn.
Daily Newepapen published at Corpus Christi, Teras, m stud County and State, and that the pubhcaboo of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING. AUTHORIZING
of which the aonesed la a true copy, Ism pobhehed in-CaUer-f%19Cs_ E0011shim Co
onWe_llcll.yof November _-.10.84» and awe each car__ thereon„ for one-
mneraNaa 8Y _
0.42.90 MARGARET RAMAGE
Subamhed and sworn to before me Mb _15th ldAy of NOOV.f".e 1984 _
EDNA K05TER 11-30-84
ituy Pubo—au \Cmtoty, Tevs
PUBLISHER'S AFFIDAVIT -
STATE OF TERAS; Iu
County of Numea.
lYSsy
a Before me, the undersigned v Notary Public We day personally ewe _ _ _ _
MARGARET RAMAGE _ who hung fiat duly sworn. acanthus to law, says that he u the
COASTUTY RELATITES SUPERVISOR A the Corpus Christi Geller and The Corpus Chneh Times,
Day Newspapers published at Carpus Christi. Texas m said County and State. and that the pubLuhon d
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING, ADTHORIZING THE EXECUTION
Of which the annexed is a true copy, wee published in CALLER -TINES PUBLISHING
19th November 84 da
lbe_ _da9 of.. _ _ ._19_—. and ovm eu6. Y_ thereafter for _ _ _.
eammatryn _ a Y _ _ _
on _ - _ Tlmea
a e 42.90 MARGARET RAMAGE `
Sulucnbed and sworn lo before me this 20Th ---day of L19vembex L `- 19 S4—
EDNA KOSIER 11-30-84
Notary PubIc Nuean County, Tema