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Home My WebLink About020722 ORD - 07/25/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH P.A.W.S, THE GULF COAST HUMANE SOCIETY FOR USE OF CERTAIN PROPERTIES ADJACENT TO MEMORIAL COLISEUM, AND FOR THE PROVISION OF TRAFFIC CONTROL DURING THE PERIOD OF OCTOBER 16, THROUGH 21, 1989 FOR THE PRODUCTION OF A BENEFIT CARNIVAL; AND DECLARING AN EMERGENCY. TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with P.A.W.S. the Gulf Coast Humane Society for use of certain properties adjacent to Memorial Coliseum and for the provision of traffic control during the period of October 16, through 21, 1989 for the production of a benefit carnival, all as more 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 efficient and effective administration of City affairs by executing the abovementioned lease 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 ordinar;ce is passed and shall --take effect upon fist reading as an emergency measure this the. 5 day of y. (, , 19 /. ATTEST: City Secretary der HAL GEORGE, CITY ATTORNEY 208AG111.ord MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 20722 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEMENT made and entered into on this the day of 1989, by and between the City of Corpus Christ, hereinafter called "City", and P.A.W.S. THE GULF COAST HUMANE SOCIETY, a Texas Non -Profit Corporation, hereinafter referred to as " P.A.W.S.". WHEREAS, P.A.W.S. has rented the Memorial Coliseum for the period of October 16 through 21, 1989, for a County Fair, hereinafter referred to as "County Fair" and requests the use of the north parking area for the production of a carnival. NOW, THEREFORE, the City and P.A.W.S. agree as follows: 1. Subject to the terms and upon performance of the conditions hereinafter provided, City hereby grants unto P.A.W.S., for the purpose of holding a carnival and related activities in connection with the County Fair at Memorial Coliseum, the following described City property and services: (a) Those paved areas bounded by the interior of the west sidewalk line of South Shoreline Drive (northbound), the east sidewalk line of South Shoreline Drive (southbound), the south sidewalk line of Kinney Street, and the north facility line of Memorial Coliseum, known as the old City Hall parking lot and Exposition Hall slab, herein after referred to as "Leased Premises". 2. In the event additional area is requested by P.A.W.S., prior written approval shall be obtained from the City's Coliseum Manager and Director of Parks and Recreation. It is understood and agreed that no concession stands, rides, or other appurtenances connected with the carnival shall be allowed to use the grassed or shrubbed areas of the leased premises without prior written permission from the Director of Parks and Recreation. P.A.W.S. shall provide driveway access for trucks and emergency equipment to the service entrances of Memorial Coliseum, as determined necessary by the Coliseum Manager. P.A.W.S. shall keep such driveways open and unoccupied by structures or automotive equipment at all times during the terms of this lease. 4. P.A.W.S. is granted use is for the period 12:01 am October 16, to 12:00 pm midnight October 21, 1989. 5. During and immediately after the carnival period, P.A.W.S. shall be responsible for maintaining a condition of continuous cleanliness of the leased premises, carnival area, entrance ways, parking, approaches, and surrounding areas. In the event P.A.W.S. does not promptly clean up such areas of all trash, litter, and other debris, and standing water which might collect upon the leased premises, and does not continuously maintain such condition of cleanliness, City has the right to immediately perform such clean up and bill P.A.W.S. for such work, which bill P.A.W.S. will pay to City upon receipt. 6. P.A.W.S. shall at least seven (7) days prior to the commencement of this lease, file with the City's Coliseum Manager a cash bond in the amount of Five Thousand Dollars ($ 5,000.00), or a surety bond in a like amount executed by a corporate surety company authorized to do business in the State of Texas. Such bond shall be conditioned upon the payment by P.A.W.S. of any and all property damage which may be done to the properties of City as a result of the carnival, or payment of any costs incurred pursuant to this lease. 7. City and P.A.W.S. 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 carnival, shall be submitted for determination and resolution first to the City's Coliseum Manager, with a 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 P.A.W.S.. In the event of such appeal, the decision of the City Council shall be final. 8. P.A.W.S., at it's sole expense, shall furnish comprehensive general liability insurance to City, protecting against liability to the public, carnival 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, as additional insured. A Certificate of Insurance shall be furnished to the City's Director of Risk Management at least seven (7) days prior to the commencement of this lease. 9. P.A.W.S. shall indemnify and hold harmless the City, it's 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, suit, costs, expense, liability, actions or proceedings of any kind whatsoever in any way resulting from, or arising out of planning for, preparation, construction, operation, or dismantling of any County Fair or carnival activity. At it's own cost and expense, P.A.W.S. will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. The obligation of P.A.W.S. to indemnify and defend the City as provided in this paragraph shall be reduced by (and any such reduction shall be made only to the extent of) the percentage that any such claim, demand, loss or damage shall be determined to result from, or be caused by, negligence of the City, it's officers, employees and/or agents. 10. P.A.W.S. agrees to maintain such fire lanes upon property herein described as may be designated by City's Fire Chief. 11. The traffic control Chief of Police. necessary police Chief of Police. City shall furnish the necessary police service for during the carnival operation, as determined by the City's P.A.W.S., at its sole expense, shall arrange for the service on the carnival midway, as determined by the City's 12. P.A.W.S. agrees to obtain such permits from City's Health Department, Building; Inspection Department, Fire Marshal, and other regulatory bodies as may be necessary to conduct it's carnival operation. P.A.W.S., its officers and agents will comply with all federal, state, and local laws, rules and regulations. 13. P.A.W.S. shall not assign this lease nor sublease the whole or any part of the demised premises or make any alterations therein without the consent of the City first obtained in writing through the Coliseum Manager. 14. Any failure on the part of P.A.W.S. to perform any of the covenants contained in this lease, or any breach of any covenant or condition herein contained on the part of P.A.W.S. shall entitle City to forthwith terminate this lease without notice or demand of any kind, notwithstanding any license issued by the City and no forbearance by City of any prior breach hereof by P.A.W.S. shall be deemed a waiver by or estoppel against City. In case of any such termination City shall be entitled to retain any sum of money theretofore paid by P.A.W.S. and such sum shall insure to the benefit of City as setoff against any debt or liability of P.A.W.S. to City otherwise accrued by breach hereof. IN WITNESS WHEREOF, the parties hereto for themselves, their successors and assigns, have executed this lease the day and year first above written. CITY OF CORPUS CHRISTI: ATTEST: Armando Chapa Juan Garza City Secretary City Manager APPROVED AS TO LEGAL FORM: HAL GEORGE, CITY ATTORNEY �rtiltr>� 14 /,,, Assistant ?ity Attorney 2 P.A.W.S. THE GULF COAST HUMANE SOCIETY By Er engarde PRESIDENT Sweeney Corpus Christi, Texas A > day of � l 1981 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 MAX OR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed//by the following vote: Betty N. Turner LSC David Berlanga, Sr. (LCif Leo Guerrero (LL)( Tom Hunt 41 Edward A. Martin C f Joe McComb tC Clif Moss (I( I Mary Rhodes (LC). Frank Schwing, Jr. (it' 20722