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
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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