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HomeMy WebLinkAbout020696 ORD - 06/20/1989AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE HISPANIC CHAMBER OF COMMERCE FOR THE USE OF THE WATERGARDEN AREA FOR A FIESTA de CORPUS CHRISTI EVENT ON JUNE 23-25, 1989; 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 a lease agreement with the Hispanic Chamber of Commerce for the use of the Watergarden Area for a Fiesta de Corpus Christi event on June 23-25, 1989, 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the execution of 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 meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of , 1989. ATTEST: City Secretary MAYOR APPROVED: /1 DAY OF C k.4�›._ HAL GEORGE, CITY ATTORNEY By Asoiai.a nt ity Amey 208HG002.RES THE CITY OF CORPUS CHRISTI , 1989 tCROFIMO) LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES (5/25/B` THIS AGREEMENT made and entered into by and between the City of Corpus Christi, hereinafter called "City", and the Hispanic Chamber of Commerce, hereinafter called "Chamber". 1. Subject to the terms and upon performance of the conditions hereinafter provided, City hereby leases unto Chamber, for the purpose of holding a festival and related activities in connection with the Fiesta de Corpus Christi, the following described City property: The Barge Dock and the sidewalks, grassy areas, parking lots and pavement bounded within an area by the Art Museum of South Texas, Corpus Christi Museum, Harbor Playhouse and the Convention Center, said areas being more fully described in Exhibit "A" attached hereto, and the lot bounded by Resaca, Chaparral, Water and Fitzgerald Streets, said lot being more fully described in Exhibit "B", "Premises". In the event additional area is requested by Chamber, 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 grassed or shrubbed areas within the Bayfront Science Park without prior written permission from the Convention Center Manager and the Director of Park and Recreation. This Agreement does not include the use of the facilities of the Bayfront Plaza Convention Center and Auditorium, Art Museum of South Texas, Corpus Christi Museum, and Harbor Playhouse. Chamber acknowledges that separate agreements will be required for any use of such facilities. 2. The consideration for this Agreement and for the covenants herein contained to be kept and performed by Chamber is as follows: The payment by Chamber to Cit_ the gross receipts derived T-shirts, visors, food and direct City costs, whichever the event ends. y of four percent (4%) of from the booth sales of beverages or billing at is greater, 60 days after (5/25/8 , 3. This lease is for the non-exclusive use of the Premises from June 22, 1987 through June 26, 1989 and for the exclusive use from June 23, 1989 through June 25, 1989. 4. In consideration of the payment provided in paragraph 2 above, City (acting through its Park and Recreation Department, or other applicable department) shall: a. Provide Litter disposal and street sanitation services. Chamber will provide litter collection, trash pickup, and plastic trash bags for such purposes on the Premises. b. Furnish, transport, and set-up (and after the festival remove) twenty picnic tables to and from the Premises. c. Furnish, transport, and set out (and after the festival remove) sixty trash barrels in appropriate areas at the Premises. d. Furnish, transport, and set up (and after the festival remove) 8 food booths and 4 ticket booths on the Premises. Items "a" through "d" above constitute the City's direct costs referenced in paragraph 2 above. Chamber shall provide Corpus Christi Park and Recreation Department personnel who are providing services with respect to the festival with Fiesta Festival T-shirts. 5. Chamber shall provide certain barricades and uniformed security personnel in sufficient number, as determined by City's Chief of Police, to provide for internal security during the festival. City shall provide additional police services for crowd and traffic control. 6. Chamber shall make arrangements for electricity service and pay for the costs thereof. 7. Chamber shall furnish comprehensive general liability insurance free of cost to City, protecting against liability to the public and Fiesta 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, and Hispanic Chamber of Commerce, as addi- tional insured. This insurance will include $1 million host liquor liabi- lity endorsement. A Certificate of Insurance in the above amounts shall be (5/25/8t furnished to the City's Director of Park and Recreation at least ten (10) days prior to the use period. 8. Chamber shall indemnify and hold harmless the City, its 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, suits, costs, expense, liability, actions or proceedings of any kind whatsoever in any way resulting from, or arising out of planning, preparation, construction, operation, or dismantling of any festival, or its activities, facilities, equipment, or premises used in connection with such festival, including negligence on the part of City or Chamber. At its own cost and expense, Chamber will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. 9. Any damage to City property will be restored or reimbursed by Chamber promptly after the close of the event. 10. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or barge dock, must be approved by City's Chief Engineer in writing prior to the start of any such work and no such approval may be given if the work will require repair by the City. 11. Chamber shall obtain appropriate permits from the Alcoholic Beverage Commission for the sale of beer and the City -County Health Depart- ment for the sale of foods and shall provide adequate portable restrooms. Chamber shall obtain appropriate permits for the display of fireworks and shall furnish a certificate of the Fireworks Display Contractor's insurance of no less than $1 million aggregate with the City named as additional insured. 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 or reimbursed by Chamber. 13. No paint or markings shall be permitted which in any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. 14. City and Chamber 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 Chamber'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 Chamber. In the event of such appeal, the decision of the City Council shall be final. (5/25/89) 15. Chamber agrees to maintain such fire lanes and emergency exits upon the Premises as may be designated by City's Fire Chief. 16. Chamber shall not assign this Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 17. Any failure on the part of Chamber to perform any of the covenants contained in this Agreement, or any breach of any covenant or condition herein contained on the part of Chamber, 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 Chamber 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 Chamber and such sums shall insure to the benefit of City as set-off against any debt or liability of Chamber to City otherwise accrued by breach hereof. This, the day of , 79 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: 24*DAY OF -T& , 19t5 HISPANIC CHAMBER OF COMMERCE HAL GEORGE, CITY ATTORNEY Hy Ase+stanik City Attorney H S c.LoSCb 00R A Gs °ecc Skc ic.11 Mot.l nTr No C VolurlfeeR 2t x 30 O S AAA 2n' ' H65DITAulY 4d x LOO O HSS 2ItALiTv 2a x up' ]j HI s -Co RI[AV_ 2d x 4D' TODD &611-t (8) to' L b' C BEER C3) YGT "DRINK), -Ctcc TC3) 14'U Lk', ME CCAWM ln'x Id MAIN STAnE u0' '2°) Foot:: E Beeths gtdxb' 1 -r fi0 in Xoocm wH HARBOR BRIDGEi rzi Ig ESQUITE ST. - . N. BROADWAY ST. APARRAL ST. - kT Is,;. i� NibP �— o � V) 4 O' P o P i lg so - - - APARRAL ST. ° ° �o °JO 'b ' cittffFEEFP y � r m"jllllllllll'II 3> n r 0 N 4 TIS' Tr- N. J �I r, Ni!11111111111111111110 III1IIII111111111111110 1 -o-.o YU-nJ [U1'1121111 WO I. WATER ST. o a s ji IIIIIIIItflI11111JJlllll N. WATER ST. 0 c Z N. SHORELINE BLVD. N. SHORELINE BLVD. N. 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SHORELINE BLVD. r IEST b ? f'sE 5 Corpus Christi, Texas day of , 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, 99.045.01 Council Members /a MANOR THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance uas passed by 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.