HomeMy WebLinkAbout020399 RES - 07/26/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF A THREE-YEAR
AGREEMENT WITH BAYFEST, INC., FOR THE PURPOSE
OF HOLDING A FESTIVAL AND RELATED ACTIVITIES
IN CONNECTION WITH THE BAYFEST CELEBRATION TO
BE LOCATED ALONG SHORELINE BOULEVARD BETWEEN
IH -37 AND THE BAYFEST SCIENCE PARK DURING
1988, 1989, AND 1990.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby
authorized to execute a three-year agreement with Bayfest, Inc.,
for the purpose of holding a festival and related activities in
connection with the Bayfest celebration to be located along
Shoreline Boulevard between IH -37 and the Bayfest Science Park
during 1988, 1989, and 1990 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."
ATTEST:
City Secretary
YOR
CITY OF CORPUS CHRISTI, TEXAS
APPROVED: J 5 DAY OF 0: I y
HAL GEORGE, CITY ATTORNEY
017.res
2m399MICROFILMED
BAYFEST AGREEMENT
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF NUECES
(7, 38)
THIS AGREEMENT made and entered into by and between the City of Corpus
Christi hereinafter called "City", and the Bayfest, Inc., hereinafter called
"Bayfest".
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby grants to Bayfest, for the purpose of holding
a festival and related activities in connection with the Bayfest Celebration,
the privilege and license to use the following described City property:
The sidewalks, medians, seawall, along Shoreline Boulevard
between Interstate Highway 37 and the Bayfront Arts and
Science Park, the four municipal parking lots adjacent to
Interstate 37 access roads, and the barge dock, said areas
being more fully described in Exhibit "A" attached hereto.
Requests for additional area by Bayfest shall require the prior written approval
from the City. It is understood and agreed that no concession stand, rides or
other appurtenances connected with Bayfest shall be allowed to use the grassed
or shrubbed areas within the Bayfront Science Park without written permission
from the Convention Center Manager and the Director of Parks and Recreation.
2. The consideration for this agreement and for the covenants herein
contained is the payment by Bayfest to City within 60 days after the event ends
each year an amount equal to the greater of (a) the City's actual cost for each
festival, not to exceed $20,000 (or such other amount as the City, acting
through the Director of Parks and Recreation, shall stipulate in writing to
Bayfest at least four months prior to the_applicable festival as its estimated
cost, in respect of the services provided pursuant to paragraph 5 below) or (b)
four percent (4%) of the gross receipts derived from the festival.
3. This agreement is for a term of three (3) years, commencing
September 7, 1988. Bayfest shall be entitled to non-exclusive use (for purposes
of set-up and take-down) of the premises described in paragraph 1 above for a
period of fifteen (15) days (consecutive) during each of the years, 1988, 1989,
and 1990, and to the exclusive use of said premises for a period of 54 hours
within such fifteen -day period in each of such years, all as set forth on the
attached Exhibit B; provided, however, that by giving written notice of cancel-
lation at least nine months prior to the first day of each fifteen -day use
period, this agreement shall terminate.
4. Upon making application to and receiving permission from the City
each year for the temporary closing of the street to traffic in accordance with
City ordinances, Bayfest shall be entitled to block off Shoreline Boulevard
northbound and southbound. Otherwise, Bayfest shall take care not to obstruct
or interfere with traffic upon Shoreline Boulevard, either northbound or south-
bound. 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 of each annual festival, in consideration of the
payment provided in paragraph 2 above, City shall:
a. Provide litter collection, street sanitation services and trash
pickup. In this regard, it is contemplated by the parties that
the City shall provide approximately six (6) trash trucks and
approximately eighty (80) trash barrels for placement in desig-
nated areas in and around the Bayfest site. Bayfest will provide
plastic trash bags for such purposes.
b. Furnish, transport, and set up (and after the festival remove) 80
picnic tables to and from the Bayfest site.
c. Furnish, transport, and set up ,as available in good condition,
pegboards in appropriate areas at the site. Repairs or con-
struction of any additional pegboards will be the responsibility
of Bayfest.
d. Transport Bayfest's personal property to and from Bayfest's
warehouse.
e. Remove hay and sand from designated Bayfest areas.
f. Dispose of used vendor tickets.
Bayfest shall provide Corpus Christi Park and Recreation Department Personnel
who are providing services in respect of the Bayfest festival with Bayfest
T-shirts. Bayfest will also provide parking passes for personnel scheduled
during the actual event.
6. Bayfest 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 addi-
tional police services for crowd and traffic control.
7. Bayfest shall furnish comprehensive general liability insurance
protecting against liability to the public and Bayfest participants, including
volunteer workers. Such insurance shall have policy limits 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 as additional insured.
This insurance will include a host liquor liability endorsement. A Certificate
of Insurance in the above amounts shall be furnished and approved by City's
Director of Park and Recreation.
8. Bayfest 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, suit, costs,
expense, liability, actions or proceedings of any kind whatsoever in any way
resulting from, or arising out of planning, preparation, construction, opera-
tion, or dismantling of its facilities, equipment, or premises used in connec-
-2-
(7, i8)
tion with the Bayfest Festival, or its activities. At its own cost and expense,
Bayfest will defend 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 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.
9. Bayfest, upon written notice of identified safety hazards by the
City's Risk Management Department, must comply in correcting the safety hazard.
10. Any damage to City property will be restored by Bayfest promptly
after the close of the event.
11. Any work which involves holes or other changes in the pavement,
curbs, sidewalks, or seawall, must be approved by City's Chief Engineer, pro-
vided however that no such approval shall be given if such work will require
subsequent repairs by the City.
12. Bayfest shall obtain appropriate permits from the Alcoholic
Beverage Commission for the sale of beer and shall comply with all requirements
of the City -County Health Department for the sale of foods and the protection of
the public welfare.
13. Bayfest shall require vendors to routinely clean the premises
adjacent to their respective booths.
14. The construction work for displays shall be conducted in accor-
dance with City building codes and restrictions. Only upon adequate assurance
to the Director of Park and Recreation that all damages resulting from such
construction will be remedied by Bayfest shall such construction be permitted.
15. No paint or markings shall be permitted which in any way obliter-
ate or deface any pavement markings or signs heretofore existing for the guid-
ance of motor vehicles or pedestrians.
16. 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 as a result of the festival, shall be submitted for
determination and resolution, first to the Director of Park and Recreation, 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 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.
17. Bayfest agrees to maintain such fire lanes upon the property
herein described as may be designated by City's Fire Chief.
18. Bayfest 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. Any transfer shall require the
approval of City Council.
-3-
19. Any failure on the part of Bayfest
covenants contained in this agreement, or any breach
tion herein contained on the part of Bayfest, shall
terminate this agreement without notice or demand of
(7, 38)
to perform any of the
of any covenant or condi-
entitle City to forthwith
any kind, notwithstanding
any license issued by City and no forbearance by City of any prior breach hereof
by Bayfest 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 Bayfest and such sums shall inure to the benefit of City as a setoff
against any debt or liability of Bayfest to City otherwise accrued by breach
hereof.
20. Bayfest acknowledges that the control and use of the public
streets is declared to be inalienable by the City and except for the use
privilege granted herein, this agreement does not confer any right, title,, or
interest in the public property described herein. The use privilege granted
herein is conditioned on the imposition by the City Council and the compliance
by Bayfest with the terms and conditions contained within this Agreement.
21. This Agreement shall not be construed or deemed by the parties
hereto as a partnership, joint venture, or such other relationship which shall
require the City to co-sponsor or incur any liability, expense, or responsi-
bility for the conduct of the Bayfest festival or associated activities.
Payments received from Bayfest by the City shall be compensation for provision
of City services as described herein and for the right of Bayfest to use public
property for the limited purpose described herein.
This, the day of , 1988.
ATTEST:
Armando Chapa, City Secretary
APPROVED:42AhDAY OF
HAL GEORGE, CITY ATTORNE
By
Assistant City Attor/iey
CITY OF CORPUS CHRISTI
Juan Garza, City Manager
BAYFEST, INC.
-4-
1111 111111
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Exhibit B
PERIODS OF EXCLUSIVE AND
NON-EXCLUSIVE USE
Use Period (to Include Period
of Exclusive Use and Non -Exclusive
Year Period of Exclusive Use Set Up and Take Down Period*
1988 5:00 p.m., Friday, Sept. 16,
1988 through 11:00 p.m.,
Sunday, Sept. 18, 1988
1989 5:00 p.m., Friday, Sept. 29,
1989, through 11:00 p.m.,
Sunday, Oct. 1, 1989
1990 5:00 p.m., Friday, Sept. 28,
1990 through 11:00 p.m.,
Sunday, September 30, 1990
Sept. 7, 1988 through
Sept. 21, 1988
Sept. 20, 1989 through
Oct. 4, 1989
Sept. 19, 1990 through
Oct. 3, 1990
*Initial two days use does not include the Convention Center.
The above resolution
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
Corpus Christi, Texas
2.(0 day of
was passed
by
the following vote:
20399
, 1987