The URL can be used to link to this page

Home My WebLink About020775 ORD - 09/12/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH KUNO RADIO STATION FOR THE USE OF HERITAGE PARK FOR A DIEZ y SEIS de SEPTIEMBRE CELEBRATION ON SEPTEMBER 15-16, 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 KUNO Radio Station for the use of Heritage Park for a Diez y Seis de Septiembre celebration on September 15-16, 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 of 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 ordinance is passed and shall, take effect uponlfir$t re$ding as an emergency measure this the / i day of 2 j(ik1)tCf Ct 19%-)(1( ATTEST: City Secretary APPROVED: DAY OF MAYOR 19 HAL GEORGE, CITY ATTORNEY By .. _. Assistant City Attorney 021 THE CITY OF CORPUS CHRISTI .01.0"--flyr wawa LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES THIS AGREEMENT made and entered into by and between the City of Corpus Christi, hereinafter called "City", and the KUNO Radio Station, herein- after called "KUNO". 1. Subject to the terms and upon performance of the conditions hereinafter provided, City hereby leases unto KUNO, for the purpose of holding a festival and related activities in connection with the Diez y Seis de Septiembre, the following described City property: Heritage Park, said area being more fully described in Exhibit "A" attached hereto; "Premises". In the event additional area is requested by KUNO, 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 he allowed to use the grassed or shrubbed areas within Heritage Park without prior written permission from the Director of Park and Recrea- tion. 2. The consideration for this Agreement and for the covenants herein contained to be kept and performed by KUNO is as follows: The payment by KUNO to City of direct City costs with 50% of net sales from the sale of beer payable to the Heritage Park Tenants Association. 3. This lease is for the exclusive use of the Premises from September 15, 1989 through September 16, 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. Furnish, transport, and set out (and after the festival remove) sixty trash barrels in appropriate areas at the Premises. b. Furnish, transport, and set up (and after the festival remove) 6 food booths and 3 ticket booths on the Premises. Items "a" and "b" above constitute the City's direct costs referenced in paragraph 2 above. 5. KUNO 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. KUNO shall make arrangements for electricity service and pay for the costs thereof. 7. KUNO shall provide litter collection and disposal, plastic trash bags, and sanitation services. 3. KUNO shall furnish comprehensive general liability insurance free of cost to City, protecting against liability to the public and 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 KUNO Radio Station, as additional insured. This insurance will include $1 million host liquor liability endorsement. A Certificate of Insurance in the above amounts shall be furnished to the City's Director of Park and Recreation at least ten (10) days prior to the use period. 9. KUNO shall indemnify and hold harmless the City, its offi- cers, 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, prepara- tion, 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 KUNO. At its own cost and expense. KUNO will defend and protect the City from any and all such claims or demands and will defend all suits arising therefrom. 10. Any damage to City property will be restored or reimbursed by KUNO promptly after the close of the event. 11. Any work which involves holes or other changes in the pavement, curbs or sidewalks, must. be approved by the Director of Park and Recreation 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. 12. KUNO 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. 13. 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 KUNO. 14. No paint or markings shall he permitted which to any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. 15. City and KUNO 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 KUNO'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 KUNO. In the event of such appeal, the decision of the City Council shall be final. 16. KUNO agrees to maintain such fire lanes and emergency exits upon the Premises as may be designated by City's Fire Chief. 17. KUNO 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. 18. Any failure on the part of KUNO to perform any of the covenants contained in this Agreement, or any breach of any covenant or condition herein contained on the part of KUNO, 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 KUNO 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 KUNO and such sums shall insure to the benefit of City as set-off against any debt or liability of KUNO to City otherwise accrued by breach hereof. This, the day of , 19 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: _ DAY OF HAL GEORGE, CITY ATTORNEY , 19 KUNO RADIO STATION By Assistant City Attorney A. By- 7 Its /),.- 5 • } Q 0 /SO C/T✓pCC./ /SO 0 h �6 7 05 v 04 S 03 /0 4 J 08 BREWSTER ST. 06 7 07 B O aid 0 0 fag H E5 J ( ) I cL ICNTENSTEIN SIDOURY7-1 GA LVAN 6* RESACA SI. c FITZGERALD ST. 7 06 6 55 07 /O 3 Corpus Christi, Texas day of A,2171:(j), , 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 acid 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, THE CITY OF CORPUS CHRISTI, TEXAS 99.045.01 Council Members The above ordinance oas passed by :he rollcwing vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin City/ t Joe McComb Clif Moss ilri/ J Mary Rhodes /t , Frank Schwing, Jr. '—+c �.J 1; cd_