HomeMy WebLinkAbout020201 ORD - 02/09/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS
JAll FESTIVAL SOCIETY, INC. FOR THE USE OF THE GROUNDS OF
THE WATER GARDEN AND THE BARGE DOCK IN THE BAYFRONT ARTS AND
SCIENCE PARK FOR A SERIES OF THREE JAll FESTIVALS; 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 an
agreement with the Texas Jazz Festival Society, Inc. for the use of the grounds
of the Water Garden and the Barge Dock in the Bayfront Arts and Science Park for
a series of three jazz festivals, all as more fully set forth in the 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.
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zow1 MICROFILMED
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES
(1/25/88)
THIS AGREEMENT made and entered into by and between the City of Corpus
Christi, hereinafter called ""City", and the Texas Jazz Festival Society, Inc.,
hereinafter called "Jazz".
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto Jazz, for the purpose of holding a
festival and related activities in connection with the Texas Jazz Festival, the
following described City property:
The Barge Dock and the sidewalks, grassy areas, parking lots and
pavement bounded within an area by the Art Museum of South Texas,
Corpus Christi Museum, Harbor Playhouse and the Convention
Center, said areas being more fully described in Exhibit "A"
attached hereto.
In the event additional area is requested by Jazz, prior written approval shall be
obtained from City. It is understood and agreed that no concession stand, rides or
other appurtenances connected with the festival shall be allowed to use the grassed
or shrubbed areas within the Bayfront Science Park without permission in writing from
the Convention Center Manager and the Director of Park and Recreation.
This agreement does not include the use of the facilities of the Bayfront Plaza
Convention Center and Auditorium, Art Museum of South Texas, Corpus Christi Museum,
and Harbor Playhouse and Jazz acknowledges that separate agreement will be required
for any use of such facilities.
contained
2. The consideration for this agreement and for the covenants herein
to be kept and performed by Jazz is as follows:
The payment by Jazz to City of four percent (4%) of the gross
receipts derived from the booth sales of records, food and
beverages or billing at direct City costs, whichever is greater,
60 days after the event ends each year. Sales from concession
booths sponsored solely by the Texas Jazz Festival Society shall
be exempt from a four percent (4%) of gross sales payment. Items
sold by Jazz shall be limited to T-shirts, pins, visors, and
posters having logo promoting the Texas Jazz Festival.
3.
1988, with an
non-exclusive use (for purposes
paragraph 1 above for a period
six (6) consecutive days during
within February 1989 and July
provided, however, that giving
least nine months prior to each
notice.
This lease is for a term of one year and one week, commencing July 5,
option to renew for an additional two years. Jazz shall be entitled to
of set-up and takedown) of the premises described in
of seven (7) consecutive days during July 1988, and
February 1989, and July 1988 and three (3) days each
1989, all as set forth on the attached Exhibit B;
written notice of cancellation by City or Jazz at
use period, this agreement shall terminate after such
(1/25/88)
4. In respect of each annual festival, in consideration of the payment
provided in paragraph 2 above, City (acting through its Park and Recreation
Department, or other applicable department) shall:
a. Provide litter collection, street sanitation services, and trash
pick-up. Jazz will provide plastic trash bags for such purposes.
b. Furnish, transport, and set-up (and after the festival remove)
one 40' x 60' tent and one 20' x 20' tent.
c. Furnish, transport, and set-up (and after the festival remove)
fifty picnic tables to and from the festival site.
d. Furnish transport, and set out fifty trash barrels in appropriate
areas at the site.
e. Furnish 184 art racks for the festival.
Texas Jazz Festival Society, Inc., shall provide Corpus Christi Park and
Recreation Department Personnel who are providing services in respect of the Jazz
festival with Jazz Festival T-shirts.
5. Jazz shall provide certain barricades and uniformed security personnel
in sufficient 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.
6. Jazz shall furnish comprehensive general liability insurance free of
cost to City, protecting against liability to the public and Jazz participants,
including volunteer works. Such insurance shall have policy limits of at least
$500,000 for personal injury or death, $1,000,000 per occurrence, and $100,000
property damage, and shall name the City of Corpus Christi, Texas, and Texas Jazz
Festival Society, Inc., as additional insured. This insurance will include host
liquor liability endorsement. A Certificate of Insurance in the above amounts shall
be furnished to the City's Director of Park and Recreation.
7. Jazz shall indemnify and hold harmless the City, its officers,
employees, and agents from any and all loss or damage to property, injuries, or death
to any persons, and from any and all claims, damages, suits, costs, 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 Jazz festival, or its activities, facilities, equipment, or premises used in
connection with such festival. At its own cost and expense, Jazz will defend and
protect the City from any and all such claims or demands and will defend all suits
arising therefrom. The obligation of Jazz to indemnify and defend the City as
provided in this paragraph shall be reduced by (and any such reduction shall be made
only the extent of) the percentage that any such claim, demand, loss or damage hall
be determined to result from, or be caused by, negligence of the City, its officers,
employees and/or agents.
8. Any damage to city property will be restored by Jazz promptly after
the close of the event.
(1/25/88)
9. Any work which involves holes or other changes in the pavement, curbs,
sidewalks, or barge dock, must be approved by City's Chief Engineer and no such
approval may be given if the work will require repair by the City.
10. Jazz 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.
11. 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
Jazz.
12. No paint or markings shall be permitted which in any way obliterates
or defaces any payment markings or signs heretofore existing for the guidance of
motor vehicles or pedestrians.
13. City and Jazz 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 festival (but not binding upon Jazz's liability
insurance carrier), shall be submitted for determination and resolution, first to the
Director of Park and Recreation, with the 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 Jazz. In the
event of such appeal, the decision of the City Council shall be final.
14. Jazz agrees to maintain such fire lanes upon the property herein
described as may be designated by City's Fire Chief and by maintaining proper
emergency exists.
15. Jazz 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.
16. Any failure on the part of Jazz to perform any of the covenants
contained in this agreement, or any breach of any covenant or condition herein
contained on the part of Jazz, 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 Jazz 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 Jazz and such sums shall
insure to the benefit of City as set-off against any debt or liability of Jazz to
City otherwise accrued by breach hereof.
This, the day of , 19
ATTEST:
City Secretary
APPROVED: .2W,4DAY OF 3 ,.V , 19
HAL GEORGE, CITY ATSQRNEY
By
Ass stant City Attor ey
CITY OF CORPUS CHRISTI
Craig A. McDowell, City Manager
TEXAS JAZZ FESTIVAL SOCIETY, INC.
By Gt-4 ; Aezi�y,
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President
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LOCATION OF 28th ANNUAL TEXAS JAZZ FESTIVAL
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EXHIBIT B
Period of Exclusive and
Non -Exclusive Use
Year' Period of Exclusive Use Total Use Period
(to include period of
exclusive use and non-
exclusive set up and
take down period)
1988
1989
1989
12 noon, July 7, 1988
through 10:00 p.m.
July 10, 1988
July 5, 1988 through
July 11, 1988
12 noon, February 3, February 1, 1989
1989 through 10:00 p.m. through February 6,
February 5, 1989 1989
12 noon, July 7, 1989
through 10:00 p.m.
July 9, 1989
July 5, 1989 through
July 10, 1989
That the foregoing ordinance was read fo the firs ti a and passed to its
second reading on this the Xi day of , 19 gr] , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordinance was
third reading on this the 5 day of
following vote:
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
read for the
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordijinice
this the 61416 day of
Betty N. Turner
David Berlanga, Sr. e
second
time and passed to its
, 19 gg , by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
was read for the third time and passed finally on
, 19 g g , by the following vote:
Leo Guerrero Qty,
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the ql'-y day of
AT EST:
61,1,_
City Secretary
APPROVED:
o2/5/ DAY OF ,C�etie,-n,er , 1987:
HAL GEORGE, CITY ATTORNEY
99.044.01
, 19 YY .
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
20201
PUBLISHER'S AFFIDAVIT
State of Texas, 1 City of C C
County of Nueces 3 ss; Ad # 48926
Before me, the undersigned; a Notary Public, this day personally came
Deanne D Palmer, who being first duly sworn, according to javw, says'
that she is a Senior Accounting Clerk of the Corpus Christi C4ller-
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 3 day of January 1988 , and each day there-
after for one consecutive day(s)
one Times
42.55
Senior Accounting Clerk
Su s ribed and„sworG, to before me this 13 day of January, 1988
Eugeni' S Cortez
Notary Public, Nueces County, Texas
My commission expires on 6.30.89
and approved
City
Council# the f ity O? Corms
Chnsti.-Texas on the 29th day
of December, ;1987 and the
full text of said ordinancee is
aa�tatat to t[ukin :the
PUBLISHER'S AFFIDAVIT
State of Texas, l City of C C
County of Nueces l ss: Ad # 71580
Before me, the undersigned, a Notary Public, this day personally came
Dante 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 SECOND 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
42.55
Subscbed and sworn to efore me this 13 day of January, 1988
Senior Accounting Clerk
Euge is S r ortez
Notary Public, Nueces County, Texas
My commission expires on 6.30.89
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 68448
Be'�~re me, the undersigned, a Notary Public, this day personally came Deanhe D.
~ Palmer, who being first duly sworn,
according to law, say
s
.....„.that she is a Senior Accounting Clerk of the Corpus Christi ti C ller-
d t Corpus Christi in said County
Times a daily newspaper published a orpu
' and
State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval- Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
' " '
Ref
Patricia San Patriciand VictoriaCounties, and that the
•publication of "NOTICE OF PASSAGE OR ORDINANCEm:` 20201 AU|HORIZING" of
the: -.Corpus Christi
~ which the annexed is a true copy, was published ^..
Caller -Times on the 14th day of February 1988 , and each day there-
after for one consecutive day(s)
one Times
$ 41.40 Senior Tccounting Cler- k
.cibed =n� =worn_tbefore me this 16th day of February, 1988.
E�una Kos- ter
Notary Public, Nuec- [c'/rty,� Texas
My commission expires on 11.30.88