HomeMy WebLinkAbout020404 ORD - 07/26/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT
WITH THE BUCCANEER COMMISSION INC. FOR THE USE OF CERTAIN
CITY PROPERTIES AND SERVICES DURING THE ANNUAL BUCCANEER
DAYS FESTIVAL; 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 Buccaneer Commission Inc. for the use of
certain City properties and services during the annual Buccaneer Days Festival,
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.
206RP117.ord
20404 MICROrED
L
THE STATE OF TEXAS
COUNTY OF NUECES
LEASE AGREEMENT
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT made and entered into effect on this
by and between the City of Corpus Christ, hereinafter
called "City", and the Buccaneer Commission Inc., hereinafter called
"Commission".
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto the Commission, for the
purpose of holding a carnival and related activities in connection with the
Buccaneer Days Celebration, the following described City property and
services:
a) Those paved areas bounded by the interior of
the west sidewalk line of South Shoreline Drive
(northbound), the east sidewalk line of South
Shoreline Drive (southbound), the south sidewalk
line of Kinney Street, and the north facility
line of Memorial Coliseum, known as the old City
Hall parking lot and Exposition Hall slab.
(b) That portion of the Coliseum presently known as
the Buccaneer Commission Office, consisting of
approximately 900 square feet of office floor
space.
c) The necessary police service for crowd and traffic
control during the eleven (11) day festival as deter-
mined by City's Chief of Police.
2. In the event additional area is requested by the Commission,
prior written approval shall be obtained from the City's Coliseum Manager
and Director of Parks and Recreation. It is understood and agreed that no
concession stands, rides, or other appurtenances connected with the carnival
shall be allowed to use the grassed or shrubbed areas without written
permission from the Director of Parks and Recreation. Commission shall
provide driveway access for trucks and emergency equipment to the service
entrances of Memorial Coliseum, as determined by the Coliseum Manager.
Commission shall keep such driveways open and unoccupied by structures or
automotive equipment at all times.
3. The consideration for this agreement and for the covenants
herein contained to be kept and performed by the Commission is as follows:
(a) Commission shall carry out the kind of activ-
ities that have been traditionally associated
with the annual Buccaneer Days Celebration,
such as parades, festival, firework displays,
and the carnival.
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(b) During the year, Commission shall promote Corpus
Christi by participating in approximately 25
parades in the south Texas area, as well as perform
Red Carpet welcomings as requested by the Mayor.
(c) Continue practice of making annual donations to
charitable or civic causes (functions) as Comm-
ision is capable.
4. This lease is for a term of five (5) years. Commission shall
be entitled to use the premises described in paragraph 1(a) above for a
period during April, May, or June, not to exceed eleven (11) consecutive
days during each of the years, 1989, 1990, 1991, 1992, 1993, the exact dates
to be mutually agreed upon by the City and in each of such years; provided,
however, that by giving written notice of cancellation at least nine
calendar months prior to the first day of the eleven day use period, this
agreement shall terminate after such notice. Commission shall be entitled
to use the premises described in paragraph 1(b) during the entire term of
this lease.
5. During and immediately after each annual carnival period,
Commission shall be responsible for maintaining a condition of continuous
cleanliness of the carnival, entrance ways, parking and restroom areas,
approaches, and surrounding areas. In the event the Commission does not
promptly clean up such areas of all trash, litter, and other debris, and
standing water which might collect upon the carnival grounds, and does not
continuously maintain such condition of cleanliness, City has the right to
immediately perform such clean up and bill the Commission for such work,
which bill the Commission will pay to City upon receipt.
6. Commission shall at least seven (7) days prior to the
Buccaneer Days Celebration during each year that this agreement is in
effect, file with the City's Director of Parks and Recreation a cash bond in
the amount of Five Thousand Dollars ($ 5,000.00), or a surety bond in a like
amount executed by a corporate surety company authorized to do business in
the State of Texas. Such bond shall be conditioned upon the payment by
Commission of any and all property damage which may be done to the
properties of City as a result of the Buccaneer Days Celebration.
7. City and Commission 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 Buccaneer Days
Celebration, shall be submitted for determination and resolution first to
the City's Director of Parks 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 the Commission. In the event of such appeal,
the decision of the City Council shall be final.
8. Commission, at it's sole expense, shall furnish comprehensive
general liability insurance to City, protecting against liability to the
public, Buccaneer Days participants, including volunteer workers. 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, as additional insured. A
Certificate of Insurance shall be furnished to the City's Director of Risk
Management at least seven (7) days prior to the Buccaneer Days Celebration
during the years of this contract.
9. Commission shall indemnify and hold harmless the City, it's
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, operation of, or dismantling of any Buccaneer
Days Festival, or it's activities, facilities, equipment, or premises used
in connection with such festival At it's own cost and expense, Commission
will defend and protect the City from any and all such claims or demands and
will defend all suits arising therefrom. The obligation of Commission 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, it's officers.
employees and/or agents.
10. Commission agrees to maintain such fire lanes upon property
herein described as may be designated by City's Fire Chief.
11. Commission agrees to obtain such permits from City's Health
Department, Building Inspection Department, Fire Marshal, and other
regulatory bodies as may be necessary to conduct the Buccaneer Days
Celebration. The Commission, its officers and agents will comply with all
federal, state, and local laws, rules and regulations.
12. The lease of the Buccaneer Commission Office described in
paragraph 1(b) above shall include the use of all utilities associated
therewith. When necessary for the security of ticketed events, City's
Coliseum Manager may temporarily limit access to such office space.
13. City shall make available during the hours of the carnival
operation the ground level north bank of restrooms in the Coliseum.
Commission at its expense shall keep these restrooms clean and sanitary
during the hours of use.
14. City shall make available suitable meeting space in the
Coliseum for Commission meetings and Buccarader meetings whenever such space
is not otherwise scheduled to be in use. It is contemplated that there will
be approximately ten (10) such meetings each year.
15. Commission shall not assign this agreement nor sublease the
whole or any part of the demised premises or make any alterations therein
without the consent of the City first obtained in writing.
16. Any failure on the part of the Commission to perform any of
the covenant contained in this agreement, or any breach of any covenant or
condition herein contained on the part of the Commission shall entitle City
to forthwith terminate this agreement without notice or demand of any kind,
notwithstanding any license issued by the City and no forbearance by City of
any prior breach hereof by Commission shall be deemed a waiver by or
estoppel against City. In case of any such termination City shall be
entitled to retain any sum of money theretofore paid by Commission and such
sum shall insure to the benefit of City as setoff against any debt or
liability of Commission to City otherwise accrued by breach hereof.
IN WITNESS WHEREOF, the parties hereto for themselves, their
successors and assigns, have executed this agreement the day and year first
above written.
CITY OF CORPUS CHRISTI:
ATTEST:
Armando Chapa
City Secretary
Juan Garza
City Manager
APPROVED AS TO LEGAL FORM:
HAL GEORGE, CITY ATTORNEY
By BUCCANE COMMISSION INC.
Assistant City Attorney
By
That the foregoing ordinance w s read for t first time and pa sed to its
second reading on this the day of 19 by the
following vote:
Betty N. Turner Bill Pruet
David Berlanga, Sr. r Mary Rhodes
Leo Guerrero L%' Frank Schwing, Jr.
Clif Moss Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the second time and passed to its
third reading on this the day of , 19 ggi, by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
tCi
aey
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the fore of ng ordinance as read for the „third time and passed finally on
this the ay of , 19 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the`14.) day of
ATTEST: 0
Ci y Secretary
APPROVED:
//DAY OF Z --7t _, 191:
HAL GEORG CITY ATTORN
By
Assi • tant City Attorney
99.044.01
atvot iut
AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
20404
PUBLISHER'S AFFIDAVIT
State of Texas, ]
CITY OF C C
County of Nueces 3 ss: Ad # 13887
a NotaryPublic, this day personally came
More me, the undersigned,
being first duly sworn, according to law, says -
Iris Yap, who b g Corpus Christi Caller
is a Senior Accounting Clerk of the p
that she Corpus Christi in said County
Times a daily newspaper published at p
� 'ransas
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Jim Wells Karnes, Kenedy, Kleberg, Live
Duval, Hidalgo, Jim Hogg,J 'the
and Victoria Counties, and that
Oak, Refugio, San Patricio,
"of
'� ICE OF PASSAGE OF ORDINANCE NO.'20404
publication of NOT Corpus Christi
is a true copy, was published in thep
which the annexed1988 and each day ller-Times on the 31st day
Caof July
there-
after for consecutive day(s)
One Times
$37.80
(x.,)
Senior Accountikg Clerk
Sribed a orn to before me
this _8th day of August ,1988
EDNA KOSTER
Notary Public, --ces County, Texas
My
commission expires on 11.30.1988
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 66910
ally came
the undersigned a Notary Public, this day person
Before me' whobeing
first duly sworn, according to law, says
Deanne D. Palmer' Senior
Accoynting Clerk of the Corpus• Christi Caller -
that she is a �en r " Christi in said County
Caller -
.Times, a daily newspaper published at CorpusChristi
Brooks Cameron,
''^d State, generally circulated in Aransas, Ke,edy, Kl,berg, Live
'~~»al Hidalgo, Jim Hogg, in Wells, Karnes, ,/Counties,
",,tie~ and that
Duval, R fuio San Patricio, and Victoria oun =,
Oak' Nueces' e f '`NOTICE OF PASSAGE OF ORDINANCE ON SECOND"
the publication o ' ublished in the Corpus
of which the annexed is a true copy wasply 1988, and each
Christi Caller -Times on the 10th "a/ .. July
day thereafter for zero consecutive day(s).
one Times
ibed
- --
Senior Accounting ng Clerk
before me this 13th day of July, 1988.
'worn'
4
Edna Koster F
Notary Public, Texas
—Nueces County,
My commission expires on 11.30.88
AGREEMENT WITH THE
CCA ER COMMISSION
THE _E Of ~
Ty
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 17283
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, Nueces, Refuio, 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 26th day of June 1988, and each
day thereafter for one consecutive day(s).
one Times
$ 39.20
Sub
4)119c0 -01A.
Senior Accounting Clerk
e me this 29th day of June 1988.
Edna Koster
Notary Public, Nueces •- nty, Texas
My commission expires on 11.30.88