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Home My WebLink About020476 ORD - 09/27/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOS BLUES GATOS FOR THE USE OF THE OLD CITY HALL SITE AND ADJACENT PARKING LOTS AT KINNEY STREET AND SHORELINE BOULEVARD FOR THE SECOND ANNUAL CORPUS CHRISTI BLUES FESTIVAL ON OCTOBER 2, 1988; AND DECLARING AN EMERGENCY. 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 Los Blues Gatos for the use of the old City Hall site and adjacent parking lots at Kinney Street and Shoreline Boulevard for the Second Annual Corpus Christi Blues Festival on October 2, 1988, 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to execute the abovementioned agreement at the earliest practicable date, which immediate action is necessary for the efficient and effective administration of the City's affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect pon first readin9 as an emergency measure this the 7 day of r 4 l , 19 i68 ATTEST: City Secretary APPROVED: c;49,-- DAY OF HAL GEORGE, CITY ATTORNEY 19e Assi`s ant ' i y ttorney 207JB021.ord AYOR THE CITY OF CORPUS CHRISTI, TEXAS 20476 M ICROFIL ED AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES (9/9/88) THIS AGREEMENT made and entered into by and between the City of Corpus Christi, hereinafter called "City", and the Los Blues Gatos, a Blues performance promotional organization, hereinafter called "Los Blues Gatos". 1. Subject to the terms and upon performance of the conditions hereinaf- ter provided, City hereby leases unto Los Blues Gatos for the purpose of holding a festival and related activities in connection with the second annual Corpus Christi Blues Festival, the following described City property: Old City Hall site and adjacent parking lots at Kinney Street and Shoreline Boulevard, as shown on attachment "A". In the event additional area is requested by Loa Blues Gatos, 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 the area without written approval from the Director of Park and Recreation. 2. The consideration for this agreement and for the covenants herein contained to be kept and performed by Los Blues Gatos is as follows: One dollar ($1) off the sale of each t -shirt shallbe donated to the Park and Recreation Department for the development of youth programs. 3. Los Blues Gatos shall be entitled to non-exclusive use (for purposes of set-up and takedown) of the premises described in paragraph 1 above for a period of twenty four (24) hours on Sunday, October 2, 1988. 4. Los Blues Gatos will provide their own litter collection and trash disposal during the event or pay the City full cost of services provided. 5. The Park and Recreation Department shall provide twenty five (25) trash barrels in appropriate areas at the site. 6. Los Blues Gatos shall provide certain barricades and uniformed securi- ty personnel in sufficient number as determined by City's Chief of Police, to provide for internal security and public safety during the festival. 7. Los Blues Gatos shall furnish comprehensive general liability insur- ance free of cost to City, protecting against liability to the public and Blues 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 Los Blues Gatos, as additional insured. This insurance will include host liquor rY/1(6/r "ifif( (9/9/88) liability endorsement. A Certificate of Insurance in the above amounts shall be furnished to the City's Director of Park and Recreation. 8. Los Blues Gatos shall indemnify and hold harmless the City, its officers, employees, and agents from any and all loss or damage to property, inju- ries, 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 result- ing from, or arising out of planning, preparation, construction, operation, or dismantling of any Blues festival, or its activities, facilities, equipment, or premises used in connection with such festival. At its own cost and expense, Los Blues Gatos will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. The obligation of Los Blues Gatos 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. 9. Any damage to city property will be restored by Los Blues Gatos promptly after the close of the event. 10. Any work which involves holes or other changes in the pavement, curbs, sidewalks, must be approved by City's Chief Engineer and no such approval may be given if the work will require repair by the City. 11. Los Blues Gatos 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. 12. 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 Los Blues Gatos. 13. 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. 14. City and Los Blues Gatos 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 Los Blues Gatos'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 Los Blues Gatos. In the event of such appeal, the decision of the City Council shall be final. 15. Los Blues Gatos 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. (9/9/88) 16. Los Blues Gatos 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. 17. Authorization for this agreement is contingent on Los Blues Gatos securing all necessary permits as required by the City of Corpus Christi. 18. Any failure on the part of Los Blues Gatos to perform any of the covenants contained in this agreement, or any breach of any covenant or condition herein contained on the part of Los Blues Gatos, 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 Los Blues Gatos 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 Los Blues Gatos and such sums shall insure to the benefit of City as set-off against any debt or liability of Los Blues Gatos to City otherwise accrued by breach hereof. This, the day of , 19 ATTEST: City Secretary APPROVED: L3 DAY OF ,SL)04- 19 HAL GEORGE, CITY ATTORNEY CITY OF CORPUS CHRISTI Juan Garza, City Manager LOS BLUES GATOS t 1 Corpus Christi, Texas t day of 41010' ' / , 198F TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members The above ordinance Betty N. Turner David Berl anga , Sr. Leo Guerrero Cl i f Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Sl avi k Linda Strong 99.045.01 Respectfully, THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: Kobt,t 20476