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
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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.