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HomeMy WebLinkAbout020687 ORD - 06/13/1989AN ORDINANCE AUTHORIZING THE CONVENTION CENTER MANAGER TO ENTER INTO AN AGREEMENT WITH THE AMERICAN BOWLING CONGRESS, INC., FCR THE 1992 AMERICAN BOWLING CONGRESS CONVENTION; COMMITTING THE CITY OF COkP,JS C'4.!' ' T( -1IdiS ANC CCNDITIONS THEREOF TO INCLUDE THE PAYMENT OF $75,000 PER YEAR FOR THE YEARS 1989, 1990, 1991, SUBJECT TO BUDGET APPROPRIATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Convention Center Manager is hereby authorized to enter into an agreement with the American Bowling Congress, Inc. for the 1992 Americas Bowling Congress Convention, all as more fully set forth in the agreement, a substantial copy of which is attached hereto as Exhibit A. SECTION 2. That the City of Corpus Christi is hereby committed to the terms and conditions as set forth in the agreemers $75,000 per year for the years 1989, 1990, ano 1991, subject to budget appropriation. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find ana declare an emergency due to the need to execute the abovementioned agreement at the earliest practicable date, 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 meetires SO that this ordinance is passed and shall_ take effect upon fjrst readinc es ar emergency' measure this the ': hes ci it I , 191i I ATTEST: City 'Secretary APPROVED DAY OF `I 6- 4 , 19 r HAL GEORGE, CITY ATTORNEY By lovakt City Attorney 208HG111.ord MAYOR THE CITY OF CORPUS CHRISTI, TEXAS tMCROr tIMED BAYFRONT PLAZA CONVENTION C 01' RENTAL AG '01011 THIS AGREEMENT is made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter sometimes referred to as "City," and the AMERICAN BOWLING CONGRESS, INC., a Wisconsin non—profit corporation, hereinafter sometimes referred to ds "ABC." WITNESSETH: For and in consideration of the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. City hereby grants to ABC permission to use and occupy those portions of Bayfront Plaza Convention Center designated herein, at no charge or cost to ABC, for the purpose of holding the ABC Tournaments and ABC Convention and for no other purpose: Area Exhibit Hall January 13, 1992 to June 19, 1992 (Include Move—In/Move—Out) Entire Facility Tournament Manager's Office Staff Office Conference Office Show Office Two Offices (ABC Officials) March 9 — 14, 1992 June 21, 1991 to June 19, 1992 Approximately two (2) weeks for the Convention Approximately two (2) weeks for the Convention January 12, 1992 through June 12, 1992 January 12, 1992 through June 12, 1992 2. This agreement is issued pursuant to Bayfront Plaza's Governing Ordinance and subject to the conditions, limitations and restrictions contained in said Ordinance or hereafter set forth. Subject to such conditions, limitations and restrictions, ABC may have and enjoy the use of the facility or facilities of the Convention Center hereinabove specifically described, including corridors necessary to accommodate patrons and City will provide without any charge the following: a. Light. b. Heat. c. Air—conditioning. d. Power to operate automatic pinsetting and scoring equipment. 1 e. Public address system. f. Riser seating for 2,000-3,000 persons. g. Janitorial service sufficient to maintain all areas exclusive of bowling lanes. h. Parking spaces for ten (10) automobiles will he made available free to ABC from January 16, 1992 through June 9, 1992 in the basement of Bayfront Plaza Convention Center and for twenty (20) automobiles outside Bayfront Plaza Con-;ention Center from January 1992 through June 9, 1992. 1, i. The following personnel positions will he provided for ABC during the tournament: (1.) One ticket taker (16 hours per day 100 (2.) One ticket seller (i6 hours per day for 100 days) (30.) One first aid attendant (18 hours per tv for 100 days) (4.) One electrician (18 hours per day ,or :C" days) (5.) One sound flan (18 hours per day [or 100 3a,:s) (6.) One usher (100 hours) 3. City will provide to ABC, at no additional cost, a minimum of 2,500 square feet of storage space on June 1, 1991 through January 16, 1992, and 5,000 square feet of storage space for the period of Januar_ 16, 1992 through June 9, 1992. ABC shall pay move -in and move -out cost associated with storage of equipment. 4. City waives all rights and claics to any compensation from television rights obtained by ABC; however, ARC shall he responsible for any production costs. 5. ABC shall be authorized to Lns_all locker facilities, and shall retain all proceeds derived from locker rentals. 6. ABC shall be author -flied to lease or sell exhibit space to the approximate number and to the type of exhibitors customary to ABC Tournaments, and shall retain all proceeds derived from the leasing or sales of such space. 7. ABC shall have the right to emnlov qualified craftsmen of its choice to provide any needed utility connections to ABC's authorized year-to-year exhibitors, vendors and sponsors. ASC will pay for any damages caused by craftsmen it employs. 8. :ABC shall be authorized to sail tournament programs at the Bayfront Convention Center, and shall retain all proceeds derived from such sales. 2 9. ABC will comply with all laws of the United States, all laws of the State of Texas, all ordinances of the City of Corpus Christi, ail rules and requirements of the Police and Fire Departments or other municipal authorities of the City of Corpus Christi, and all rules and regulations from time to time adopted or prescribed by City for the government and management of the Convention Center, and will not do or suffer to be done anything on said premises (hiring the term of this permit in violation of such laws, ordinances, rules or requirements, and if the attention of ABC is called to any such violation on the part of ABC or any person employed or admitted to said premises by ABC, ABC will immediately desist from, and correct or cause to be corrected such violation. ABC will, at its expense, obtain any cou right licenses which may be required for activities of ABC on the premises. 10. Commencing on the date of occupancy, as herein provided, and thereafter continually during the period of occupancy, ABC shall maintain such insurance as will protect it from claims under Workmen's Compensation Acts and other Employee Benefit Acts, from claims for damages because of bodily injury, including death, to its employees and all others, and from claims for damages to property, any and all of which may arise out of or result frcal ABC'_, operations under this permit. whether such operations he be AEC 07 `v any subcontractor or anyone directly or indirectly employed by either of titer. This insurance shall be written for not less than the following limits of liob:lity: Comprehensive General Liability (including but not 'limited to coverage for liability assumed under contract, liabifit: arising out of the operation of subcontractors and completed operators. Bodily Injury Liability: Combined Single Limit ` 0,_:0 Property Damage Liability: Combined Single Comprehensive Automobile Liability (including coverage for liability arising out of owned, non—owned, and hired autos) Bodily Injury Liability: Combined Limit Single t`CO.cco Property Damage Liabilit: Combined Singe Limia $500 900 Umbrella Liability — $1,000,000 combined single limit any one occurrence (including Fire Legal Liability) i,: excess of and concurrent of the above Comprehensive General Liability and Auto Liability. The Certificate of Insurance form or forms cover n; fhe foregoing shall be delivered to City not later than ten (10) days prior to January 16, 1992. Such policies shall name the City of Corpus Christi as an additional insured and shall be endorsed to provide a thirty (30) day written notice of cancellation to the City. 11. ABC shall defend, indemnify and hold harmless City and its agents and employees from and against all claims, damages, losses and expenses, including attorney'sfees, arising out of or resulting from the operations of ABC on the leased premises, to the extent of the insurance limits set forth in paragraph 10 above; provided that any such claim, damage, loss or expense (1) is n attributable to bodily injury, sickness, disease or death, or to injsry ?,a or destruction of tangible property, including the loss of use resulting therefrom and (2) is caused or is claimed to have been caused, in whole or in part, by a negligent act or omission of ABC, any subcontractor, anyone directly of indirectly employed by any of them or anyone for whose acts any of theme: , be liable, regardless of whether or not it is caused, or is claimed to have been caused, in part by a party indemnified hereunder. In any and all claims against the City or any of its agents or employees by any employee of ABC, any subcontractor, anyone directly or indirectly employed by any of then or anyone for ,.hose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the ',BC = P or any subcontractor under Worker's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts; provided, however, this indemnification obligation shall be limited to any applicable legal limitation upon the amount or type of lamages ..i;ich can be assessed against the City under the laws of the State of Texas. 12. Each party to this agreement hereby waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectable insurance policies to the extent of any recovery collectable under such insurance, subject to the limitation that this waiver shall apply only when permitted by the applicable policy of i_nsura ce. 13. If said premises or any portion of the Hall or any equipment contained therein during the term of this lease shall be damaged by the negiigent acts or omissions of ABC, or of ABC's agents, employees, patrons, guests, or any person admitted to the premises by ABC, ABC will pay to the City upon demand such sums as shall be necessary to restore said premises or equipment contained therein to their original condition. 14. All property entrusted to the care of ABC or on the leased premises during the term of this permit agreement which shall become damaged, lost, stolen or which shall have disappeared, shall be the sole responsibility of ABC. ABC shall be responsible and hereby agrees to pay to City the lesser amount of the market value of such equipment or the cost of repair of such equipment or property. ABC hereby further assures full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of the Hall. 15. ABC will not post or exhibit nor allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters, or cards of any des- cription inside or in front or en any part of the Hall except upon the regular bulletin boards provided by City therefor, and will use, post or exhibit only such signs, advertisements, show -bills, lithographs, posters or cards upon said bulletin board as are related to the performance or exhibition to be given in the Hall and for such period of time as designated by the Convention Center Manager and ABC shall take down and remove forthwith all signs, advertisements, show -bills, lithographs, posters or cards of any description objected to by the Convention Center Manager. 16. ABC shall not admit to said premises a larger number of persons than the seating capacity thereof will accommodate, cr than can safely or freely move about in said areas and the decision of the Convention Center Manager in this respect shall be final. 17. ABC shall have the right to sell exhibit space in the area of the Hall it occupies with no commission payable to City and to sublet space for 4 vendors who sell souvenir items and to an official photographer. 18. City reserves unto itself or to its designated contractors the sole right to sell all candies, food and beverages on. the premises at all timos and shall retain all proceeds derived from the sale of candies, food and beverages. 19. City shall have the right to enter any portion of the premises and to eject any objectionable person or persons from said premisses and upon the exercise of this authority through its Manager, agents or police, ABC hereby waives any right and all claim for damages against City. 20. City shall have the right to remove from the Hall all effects remaining after the time specified at the sole expense of ABC and to store the same at the sole expense of ABC, without anv liability therefor on the part of the City. 21. ABC shall not do nor permit to be done anything in or upon any portion of the Hall to keep anything therein or thereupon which will in any 'way conflict with the regulations of the Fire Department or with any of the rules. regulations or ordinances of the City of Corpus Christi or in any wav obstruct or interfere with the rights of other permittees in the Convention Center. 22. ABC shall not assign this agreement without the prior written consent of City nor suffer any use. of said premises other than herein specified. 23. ABC understands and agrees that during the term of 'this permit, City may use or cause to be used for conventions, expositions, or attractions any portion the Hall not demised to ABC. 24. City, its representatives, employees and concessionaires, shall at all times have free access to said premises. 25. ABC understands and hereby specifically agrees that Cit, does not furnish any staff or positions not otherwise provided for in thirs, permit. 26. ABC, over the signature solely of such authorized officer who executes this permit agreement on behalf of ;BC, or any other individuals designated in writing by ABC, may issue additional written orders subject, however, to the discretion and approval of the Convention Center Management, the execution of which orders shall be at the sole expense of AEC and for which ABC hereby assumes and agrees to pay. 27. In the event the Hall or It thereof shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this agreement by City impossible, then and thereupon this agreement shall terminate and ABC hereby waives any claim for damages or compensation should this agreement be so terminated. ABC may, with the approval of the Convention Center ..ana,ement, leave exhibits, equipment or show material in the premises but 2 assumes full responsibility in accordance with the above. 28. ABC agrees that if an: default is rade in the performance by it of any covenant or agreement herein contained, this letting and the relation of landlord and tenant at the option of City shall cease and terminate, and the relation of the parties shall be the same in all respects as if said terns had fully expired, and City may re-enter the premises and hold the same as its former estate therein, remove all persons therefrom and resort to any.legal proceedings 5 to obtain such possession. 29. ABC shall quit and surrender the premises and all equipment contained therein to City at the end of the term provided for herein in the same condition as at the date of the conutencement of this permit, ordinary wear and tear excepted. 30. The city, in further consideration of ABC':; entering into this agreement, shall provide the following cash subsidy subject to appropriation in each fiscal budget, paid in the amounts and at the times indicated, to ABC to be utilized by ABC for the purpose of installing and constructing in the Conven— tion Center, and removing therefrom upon completion of ABC's activities concerned herein, sufficient lanes, pinsetting and other necessary equipment as are required to conduct the ABC Tournaments hereinbefore mentioned. Cash subsidy is to be held by ABC in a separate interest bearing account, the proceeds of which are to be used solely for ABC's 1992 Tournament expenses, with interest accruing exclusively to ABC: On ABC's commitment to hold above tournament in i50,C00 Corpus Christi, Texas in 1992 (Received 2/12/88) On or before June 27, 1989 575 000 On or before the ninetieth (90th) day of 1990 $75,CCO Fourth and final payment on the ninetieth (90th) day of 1991 $75,000 TOTAL CASH SUBSIDY $275,000 Once the City has made each payment to ABC as set forth above, the City has no further monetary obligation to ABC with regard to such subsidy installment payment. 31. ABC agrees that it will not suffer or permit the filing of any liens or other encumbrances against the Convention Center, or any other property of the C4ity, as a result of any such construction or acquisition and/or installation of equipment, that it will provide to the City such proof of payment for all labor materials and equipment utilized in said construction and/or installation as the City might require, and that it will fully indemnify and hold harmless the City from any and all claims, whether for labor, materials, equipment or otherwise, related to such construction, acquisition and/or installation and the use of the facilities so constructed and equipment so installed. 32. This agreement shall be governed by the lows of the State of Texas, venue of Corpus Christi, Nueces County, Texas, and shall be binding upon the parties, their heirs, representatives, successors and assigns, and this agree— ment can only be modified or amended in writing, which writing shall he executed by the duly authorized agents of the parties hereto. 33. The date of this agreement shall be deemed to be the date that it is executed by City. 6 IN WITNESS WHEREOF, this agreement has been executed by their duly authorized officers and agents on the dates set forth below. APPROVED: .4c- City Attorney UU ATTEST CITY OF CORPUS CHRISTI, TEXAS a municipal corporation By Date: AMERICAN BOWLING CONGRESS Executive Secretary -treasurer Assistant Executive Secretary -Treasurer Date: 7 Corpus Christi, Texas day of c , 198 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, Respectfully, Council Members / j` ( i`C-: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance '„as passed the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 99.045.01