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.
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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.
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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
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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
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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
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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.
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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