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HomeMy WebLinkAbout020200 ORD - 02/09/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE U. S. OPEN COMMITTEE FOR THE ANNUAL USE OF A PORTION OF SOUTH COLE PARK FOR A SAILBOARD PRO -AM REGATTA; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a five-year lease agreement with the U. S. Open Committee for the annual use of a portion of South Cole Park for a Sailboard Pro -Am Regatta, 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. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 204rp083.ord 20200 MICROF11'MED LEASE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § For and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and the mutual agreements, covenants herein contained, the City of Corpus Christi, hereinafter called "City," and the U. S. Open Committee, hereinafter called "Committee," do hereby contract, and agree as follows: 1. Subject to the terms and upon performance of the conditions hereinafter provided, City hereby leases unto Committee, for the purpose of holding a series of sailboard races and related activities the following described City property: The southern portion of Cole Park bounded by a line 320 feet north of the north steps to 300 feet south of the south steps from the east curb line of Ocean Drive to the water and those waters extending, but not limited to at least one vile eastward into bay waters, said area being more fully described in Exhibit "A." 2. The consideration for concession sales or any vendor revenues, other than entry fees or sponsor donations, derived from the event on the leased premises is the payment by "Committee" to the City of four percent (4%) of the gross receipts within sixty (60) days after the event ends each year. 3. This lease is for a term of five (5) years commencing May 1988. Committee shall be entitled to non-exclusive use (for purposes of setup and takedown) of the leased premises described in Paragraph I above for a period of seven (7) days (consecutive) during the years 1988, 1989, 1990, 1991 and 1992 and to the exclusive use of said premises for a period of five (5) days within such seven (7) day period in each of such years, all set forth during the month of May; provided, however, that by giving written notice of cancellation at least seven (7) months prior to the first day of each seven (7) day use period, this agreement shall terminate after such notice. The Director of Park and Recreation/Marina shall coordinate the exact dates of the event on an annual basis and shall approve said dates. 4. In respect of each annual sailboard race, Committee shall: provide for litter collection, street sanitation services and trash pickup on area leased. 5. Committee shall provide certain barricades and uniformed security personnel in sufficient number, as determined by the Park and Recreation Director, to provide for internal security during the races. City shall provide additional police services for crowd and traffic control, outside the leased portion of south Cole Park to protect surrounding property owners and control traffic and parking. 6. Committee shall furnish comprehensive general liability insurance free of cost to City, protecting against liability to the public and Committee participants on the leased portions of City property. Such insurance shall have policy minimums of at least $500,000 for personal injury or death, $500,000 per occurrence, and $100,000 property damage, and shall name the City of Corpus Christi, Texas, Committee and Caller -Times Publishing Company as additional insureds. A Certificate of Insurance, providing for the above, shall be furnished to the Citys Park and Recreation Department. 7. Committee shall indemnify and hold harmless the City, its officers, employees, and agents from any and all loss or damage to property, injuries, or expense, liability, actions or proceedings of any kind whatsoever in any way resulting from, or arising out of planning, preparation, construction, operation, or dismantling of any Committee structure, or its activities, facilities, equipment, or premises used in connection with such race. Committee will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. The obligation of Committee 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 extent 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. 8. Committee shall provide an adequate number of restroom facilities to accommodate the anticipated public, and shall provide potable water. 9. Committee shall provide a first aid station for emergencies. The station shall be staffed by medical professionals who shall provide evidence of their professional liability protection. 10. Committee shall provide to the Park and Recreation Department a diagram explaining the layout of the event at least thirty (30) days prior to the event dates. Layout of the event is subject to the approval of the Park and Recreation Director. 11. Any damage to City property, not caused by agents, servants or employees of the City, will be restored by Committee promptly after the close of the event. 12. Any work which involves holes or other changes in the grounds, curbs and sidewalks, must be approved by City's Park and Recreation Director and no such approval may be given if the work will require repair by City. 13. The construction work 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 any damages will be remedied by Committee. 14. No paint or markings shall be permitted which in any way obliterates or defaces any pavement markings or signs here- tofore existing for the guidance of motor vehicles or pedestrians. 15. City and Committee 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 Committee's actions shall be submitted for determination and resolution, first to the Park Director, 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 event of such appeal, the City Manager has been sent to Committee. In the event of such appeal, the decision of the City Council shall be final. 16. Committee agrees to maintain such fire lanes upon the property herein described as may be designated by City's Fire Chief. 17. Committee 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 the City first obtained in writing. 18. The agent for the administration and enforcement of this lease between the City and Committee shall be the Director of Park and Recreation. 19. Any failure on the part of Committee to perform any of the covenants contained in this agreement, or any breach of any covenant or 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 Committee shall be deemed a waiver by or estoppel against City. In case of any such termination City shall he entitled to retain any sums of money theretofore paid by Committee and such sums shall insure to the benefit of City as a setoff against any debt or liability of Committee to City otherwise accrued by breach hereof. SIGNED this day of , 1987. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Craig A. McDowell, City Manager APPROVED: This the // day of /wee, , 1987. HAL GEORGE, CITY ATTORNEY By: Assistant City Attrney U. S. OPEN COMMITTEE By: Steve Sull: ,van, President N 4) O cri U Pa F+ 4) •rl = _) 4.30 Nco U (A = d d) •rl rl Sa N 4' 'V O Q,' N N 3 ,0 m o v) rl 1-i k U cC d O GS 4.) U 1-1 N U J-) .0 4I • O 0 b0 J-) 4-) c x � •4 d tC ccS U R. N «S H . •r7 1.4 —4 4-1 'd cC 0 cC U d O .0 ▪ O 4 rl a) d v) b0 �+ d A O rl O H A r •i = r -I cC co cC rI N .d 'd •rl G) U 0 0 3 F+ O GI 4) ) 4 4 1.) ^ 3 •HE U - •r� D, 3 RS U 0 • ^ d E N O T5 +-"< U) N d <4= 41 cC N O z That the foregoing ordinance was read for he first time and pas ed to its second reading on this the S day of , 19 76'6 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing .rdinance was read for the second, time third reading on thi the day of following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero That the foregoi this the day of C -11f Moss 1 Pruet Mary Rh Mary Pat Slay.' Linda Strong and passed to its , 19 , by the rdinance was read for the third time nd passed finally on , 19 , by -the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATTE !„:92) City Secretary APPROVED: ,'#W DAY OF /,.GG , HAL GEOITY ATTORNEY By ,19Y% As i Stant City Attorney 99.044.01 C1 i f ,M0'ss Bill Pruet Mary ;hodes Mary Pat .vik Linda Strong day of , 19 YOR THE CITY OF CORPUS CHRISTI, TEXAS That the foregoing ordinance sec. = eading on this the following v Betty N. Turner David Berlanga, Sr. was read for the first time and passed to its day of , 19 by the Bill Pruet y Leo Guerrero Frank Schwing, Jr. Clif Moss Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second time and p s ed to its third reading on this the ! r day of C�� ti1� � , 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss rte, t Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the oregoing ordi ce was read for the third time and passed finally on this the day of , 198'3 , by the following vote: Betty N. Turner David Berlanga, Sr. 041_, Leo Guerrero Clif Moss PASSED AND APPROVED, ATTEST,( this the APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY By , 19 . Assistant City Attorney 99.044.01 Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of �-^-0,(40[1)/1 6 ,i MAY R 19 86 . THE CI Y OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 69106 Before me, the undersigned, a Notary Public, this day personally came ,�Deanne D. Palmer, who being first duly sworn, according tp law, says ^ ` that she is a Senior Accounting Clerk of the Corbus Christi Caller - �imes, a daily newspaper publis�ed at Corpus Christi insaid County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live +Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OR ORDINANCE NO. 20200 AUTHORIZING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day of February 1988 , and each day there- after for one consecutive day(s) one Times $ 29.90, Senirr Accounting Clerk nre mr. +hi= day of February, 1988. Edna Koster Notary Public, Nueces County,' Texas My commission expires -r '1.30.88 State of Texas, 3 County of Nueces PUBTISHR'S AFFIDAVIT City of C C Ad # 411220 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County ard. State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg. Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 17 day of January 1988, and each day there- after for one consecutive day(s) one Times $ 31.05 Su1bed and s Euge ia Sortez Notary Public, Nueces My commission expires on 6.30.89 Senior Accounting Clerk - this 25 day of January, 1988. County, Texas PUBLISHER'S AFFIDAVIT State of Texas, I City of C C County of Nueces ] es: Ad # 71648 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE;: ON FIRST READING " of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 10 day of January 1988 , and;each',.day there- after for one consecutive day(s) one Times 31.05 Subs iibed and sworn ,(0 0/44-ov1"."( Senior Accounting Clerk to before me this 13 day of January, 1988 Eugenia S" Cortez Notary Public, Nueces County, Texas My commission expires on 6.30.89