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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. i46-) (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