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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 7,,J1111111 HIRSCH ST. REWST COYVOITI. Mgt. nee.1 ) FITZGERALD ST. 21 Ef V v 2 ei ' t Pt 21 F ALTO F 8 , 3 4 IC; 21 , 7 pie 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