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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 l';• 44 L: oi • ... „ 1-1-1 ij 1111 IMO -40 NMI 111 „ 11101 imt Rs 1011 610i 19111 atd )411 ;.Alt ,/ • r2',.) ohm, scm. PARK il.,11.11.1[3 a Li 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