HomeMy WebLinkAbout020791 ORD - 10/10/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH MISTRAL
INC. FOR THE USE OF A PORTION OF CORPUS CHRISTI BEACH
ADJACENT TO SANDY SHORES INN FOR A WINDSURFING EVENT
OCTOBER 21-31, 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 Mistral Inc. for the use of a portion
of Corpus Christi Beach adjacent to Sandy Shores Inn for a windsurfing
event October 21-31, 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 Ake effect upon,i st reading as an
eme ency measure this the IL) day of J -M -U -A
19_.
ATTEST:
( itLE-01.4„
City Secretary YOR
THE CITY OF CORPUS CHRISTI
APPROVED: a15 DAY OF , 19t_
HAL GEORGE,
CITY ATTORNEY
By Atha (_
its.
Assistant ity Attorney
\ORD-RES\89016
zo7s1 MICROFILMED
09/25/89 15237 S 512 880 3299
THE STATE OF TEXAS )
COUNTY OF Nl1ECES )
For and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00)
and the mutual agreements, covenants herein contained, Lhe City of Corpus
Christi, hereinafter called "City", and the Mistral, Inc., hereinafter called
"Mistral", do hereby contract, and agree as follows:
1. Subject to the teens and upon performances of the conditions
hereinafter provided, City hereby leases unto Mistral, for the purpose of
holding a series of sailboard races and related activities the following
described City property:
Corpus Christi Beach adjacent to Sandy Shores Inn between
Coastal Place and Golf Place, said area being more fully
described in Exhibit. "A"; "Premises"
2. The consideration for this Agreement and for the covenants herein
contained to bo kept and performed by Mistral is for billing by the City for
direct and indirect costs resulting from services provided as a result of the
event.
MISTRAL, WINDSURFING
LEASE AGREEMENT
KNOW ALL MLN 13Y THESE PRESENTS:
CORPUS CHRISTI' 01
9/22/89
3. Mistral shall be entitled to non-exclusive use (for purposes of
set-up and takedown) of tho premises described in paragraph one above
effective October 19, 1989 through November 1, 1989 and for the exclusive use
of the premises effective October 21, 1989 through October 31, 1989.
4. In respect of the sailboard race, City shall provide four bleachers,
25 trash barrels, shall set-up and take-down a City owned 20' X 20' tont, and
shall provide transportation for a forklift.
5. Mistral shall provide certain barricades and uniformed security
personnel in sufficient number, as determined by the Police Department, to
provide for internal security during the races. City shall provide additional
police services for crowd and traffic control, outside the leased portion to
protect surrounding property owners and control traffic and parking.
6. Mistral shall provide for trash collection and disposal.
7. Mistral shall furnish comprehensive general liability insurance free
of cost to City, protecting against liability to the public and Mistral
participants on the leased portions of City property. Such insurance shall
have policy minimums of at lease $500,000 for personal injury or death,
$500,000 per occurrence, and $100,000 property damage, and shall name the City
of Corpus Christi, Texas, and Mistral as additional insureds. A Certificate
of Insurance, providing for the above, shall bo furnished to the City's Park
and Recreation Department.
8. Mistral shall indemnify and hold harmless the City, its officers,
employees, and agents from any and all loss or damage to property, injuries,
or expense, liability, actions �r proceedings of any kind whatsoever in any
09/25/89 15:38
S 512 880 3299 CORPUS CHRISTI• 02
way resulting from, or arising out of planning, preparations, construction,
operation, or dismantling of any Mistral structure, or its activities,
facilities, equipment, or premisen used in connection with such race. Mistral
will defend and protect. the City from any and all such claims or demands and
will defend all suits arising therefrom. Thn obligation of Mistral to
indemnify and defend the City as provided in this paragraph shall be reduced
by (and any such reduction shall ho made only Lc 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, its officers, employees and/or
agents.
9. Mistral shall provide an adequate number of restroom facilities to
accommodate the anticipated public.
10. Tho closing of ntreets will not be necessary for the Mistral, inc.
event.
11. Mistral shall provide a first aid atation for emergencies.
12. Mistral shall provide the Park and Recreation Department a diagram
explaining the layout of the event at least thirty (30) days prior to the
event dates. Layout of the event is subject to the approval of the Park and
Recreation Director.
13. Any damage to City property, not caused by agents, servants or
employees of the City, will be restored by Mistral promptly after the close of
the event.
14. Any work which involves holes or other changes in the grounds, curbs
and sidewalks, must be approved by City's Park and Recreation Director and no
such approval may be given if the work will require repair by City.
15. The construction work 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 any damages will
be remedied by Mistral.
16. 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.
17. City and Mistral 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 Mistral's actions shall
be submitted for determination and resolution, first to the Park Director, 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
event of such appeal, the City Manager has been sent to Mistral. In the event
of such appeal, the decision of the City Council shall be final.
18. Mistral agrees to maintain such fire lanes upon the property herein
described as may be designated by City's Fire oder.
19. Mistral shall not assign this agreement nor sublease the whole or
09/25/89 15:40
S 512 880 3299 CORPUS CHRISTI. 03
any part of the demised premises or make any alteration therein without the
consent of the City first obtained in writing.
20. The agent for the administration and enforcement of this lease
between the City and Mistral shall be the Director of Park and Recreation.
21. Any failure on the part of Mistral to perform any of the covenants
contained in this agreement, or any breach of any covenant or 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 Mistral 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 Mistral and such sums shall insure to the benefit of
City as a setoff against any debt or liability of. Mistral to City otherwise
accrued by breach hereof.
SIGNED this q�Q/Xday of 01A6Lt 1989.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED:
This the
day of , 1989
By:
Juan Garza, City Manager
MISTRAL. TNd.
HAL GEORGE, CITY ATTORNEY By;
By:
Assistant City Attorney
Ke —:rick
Sp.rts Promotion Manager
v
Corpus Christi, Texas
0 day of C(°_t01AL , 198.2
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
AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passedi-by
the following vote:
atie
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
20791