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HomeMy WebLinkAbout021104 ORD - 03/12/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELAINE MOTL, DBA THE EAST -WEST POWERBOAT SHOOT-OUT, FOR A SEVEN DAY USE PERMIT OF APPROXIMATELY 200,000 SQUARE FEET OF SPACE ON THE COOPERS ALLEY -L -HEAD AND THE LAWRENCE STREET T -HEAD FOR THE HEADQUARTERS, LAUNCHING, FUELING AND VIEWING OF THE OFFSHORE POWERBOAT RACES ENTERED IN THE EAST -WEST POWERBOAT SHOOT-OUT INCLUDING BERTHING OF NO MORE THAN 100 RACE BOATS; 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 an agreement with Elaine Motl dba the East-West Powerboat Shoot-out for a seven day use permit of approximately 200,000 square feet of space on the Coopers Alley L -Head and the Lawrence Street T -Head for the headquarters, launching, fueling and viewing of the offshore powerboat races entered in the East-West Powerboat Shoot-out including berthing of no more than 100 race boats, a substantial copy of the agreement attached hereto as 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, 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 1 a day of I tor(I) , 19 0 . A11EST: 41-9 City Secretary 3v1AYOR2� THE CITY OF CORPUS CHRISTI APPROVED: > DAY OF n c. , 19 JAMES R. BRAY, JR., INTERIM CITY ATTORNEY By ; (,-.h , „ �; r� , . «'" ✓ Assistant City Attorney ORD4:91045 0 2110 4 `w la+ i a .9 USE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES For and in consideration of the premises, covenants and agreements herein contained, the City of Corpus Christi, herein- after called "City", and Elaine Motl dba the East-West Powerboat Shoot-out, hereinafter called, "Shoot-out", do hereby contract, and agree as follows: 1) Subject to the terms and upon performance of the conditions hereinafter provided, City hereby permits to "Shoot-out", for the purpose of holding speed boat races and related activities on the following described City property: (a) A major portion of the Coopers Alley L -Head, approxi- mately 160,000 square feet, said area being more fully described in Exhibit "A", attached hereto and made a part hereof for all purposes, and non-exclusive use of approximately 40,000 square feet of the head portion of the Lawrence Street T -Head, said area being more fully described in Exhibit "B", attached hereto and made a part hereof for all purposes, collectivelyherein "Premises"; (b) The Race Course will be limited to the area shown on Exhibit "C", attached hereto and made a part hereof for all purposes, in Corpus Christi Bay, allowing for access to and from the Corpus Christi Marina. (c) Wet or Dry Storage of Race Boats will be provided for a maximum of one hundred (100) boats of fifty (50) foot or less, with the following conditions: i) "Shoot-out" will provide the Marina Superintendent a list of all Race Boats and the number of days accommodations required for each Race Boat ("Race Boat List") no later than March 29, 1991, together with a deposit of one-half the rental fee for those Race Boats. The regatta rental fee of Fifteen Dollars ($15) per boat per day will apply. ii) "Shoot-out" will pay the balance of the Race Boat rental fee within sixty (60) days of April 6, 1991. iii) Maximum efforts will be made by the City to provide a centralized location for the dockage of contestants' race boats, not to exceed one hundred (100) craft. d) Storage of support boats provided by Texas Offshore Performance Powerboat Squadron ("TOPPS") will be provided with the following conditions: USE AGREEMENT - East-West Powerboat Shoot-out Page 2 ' i) TOPPS will provide the Marina Superintendent, or her designee, with a firm number of support boats to be provided for the Race, together with the number of days accommodations required for each support boat ("Master List"), no later than March 29, 1991, together with a deposit of one-half the rental fee for those support boats. The regatta rental rate of Fifteen Dollars ($15) per boat per day will apply. ii) TOPPS will pay the balance of the rental fee due prior to any support boats being launched on April 4, 1991. iii) Any adjustment in the number of support boats provided for the Race, and the number of days rental for each, shall be made on April 4, 1991 prior to any support boat being launched. iv) City will provide color -coded permits, indicating the number of days for which rent has been paid, to each support boat based on the Master List. Each support boat will promi- nently display the permit at all times while each support boat is in the Marina. e) In the event additional area is requested by "Shoot- out", prior written approval shall be obtained from the City. It is understood and agreed that no concessions shall be allowed on the Premises without the prior written approval of the Marina Superintendent. f) The Race Course and scheduled race times shall be reviewed and approved by the Port of Corpus Christi and the U. S. Coast Guard. Actual times will need to be monitored based upon shipping schedules. 2) The consideration for concessions, or any revenues, other than entry fees, derived from the event on the Premises is the payment by "Shoot-out" to the City of four percent (4%) of the gross receipts within sixty (60) days after the event ends. 3) This Agreement is for a term of seven (7) days commencing April 3, 1991. "Shoot-out" shall be entitled to non-exclusive use of the Premises for the purpose of set-up and takedown for the entire seven (7) days. "Shoot-out" shall be entitled to exclusive use of the Premises for a period of three (3) days during the seven (7) day agreement term. 4) The official start is scheduled for 1:00 p.m., Saturday, April 6, 1991, and should conclude by 3:30 p.m. Weather condi- tions could possibly alter the official start. 5) Traffic Engineering shall provide barricades and traffic cones in sufficient number to mark off the Premises and designate the launch and fueling areas. After receiving written permission from Traffic Engineering to temporarily close the L -Head to traffic, "Shoot-out" may block off the Premises on the L -Head. USE AGREEMENT - East-West Powerboat Shoot-out Page 3 Prior to receiving permission to block off the L -Head, "Shoot- out" shall not obstruct or interfere with traffic and parking upon the L -Head. However, at all times during the term of this Agreement, "Shoot-out" shall provide driveway access for trucks and emergency vehicles on the Premises, and shall keep such driveway access open and unoccupied by structures or equipment. 6) "Shoot-out" shall provide sufficient uniformed security personnel to provide for internal security during the term of this Agreement, as determined by the Marina Superintendent. "Shoot-out" shall provide a minimum of two (2) uniformed Police Officers at the intersection of the L -Head and Shoreline Drive for the entire time of exclusive use hereunder that Race related activities are taking place, and for one hour before and one hour after said activities are taking place. "Shoot-out" shall secure the launch and fueling areas to not allow general public access to either area. 7) "Shoot-out" will follow all state, federal and local safety rules and regulations pertaining to fueling, no smoking areas, clear zones, etc. 8) The Park Division will provide trash barrels for the event. 9) The Solid Waste Management Department shall provide trash can liners and will pick up trash bags from a specified area on the Premises. 10) "Shoot-out" shall be responsible for placing liners in trash barrels, removing bags when full and placing bags in said speci- fied location. "Shoot-out" will be responsible for keeping the Premises free of litter during the Agreement term. 11) "Shoot-out" will provide a minimum of eight (8) portable restrooms on Coopers Alley L -Head and five (5) adjacent to the non-exclusive use area on the Lawrence Street T -Head during the three (3) day exclusive use period of the Agreement term. 12) "Shoot-out" 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 or pro- ceedings of any kind whatsoever in any way resulting from, or arising out of planning, preparation, construction, operation, or dismantling of any "Shoot-out" structure, or its activities, facilities, equipment, or premises used in connection with such race. "Shoot-out" shall also indemnify the City, its officers, agents and employees ("Indemnitees") from any and all damage to property or injury to persons, including without limitation, Race participants, spectators, volunteers, and invitees, or expense, liability, actions or proceeding of any kind whatsoever in any manner resulting from, or arising out of the Race or any activity conducted in furtherance thereof. At its own cost and expense, "Shoot-out" will defend and protect the City from any and all USE AGREEMENT - East-West Powerboat Shoot-out Page 4 such claims or demands and will defend all suits arising there- from. The obligation of "Shoot-out" to indemnify and defend the City as provided in this paragraph shall include the City's sole negligence. 13) Insurance shall be required as follows: (a) "Shoot-out" shall furnish comprehensive general liabi- lity insurance free of cost to City, protecting against liability to the public and "Shoot-out" participants. Such insurance shall have an aggregate amount of Five Million Dollars ($5,000,000). If that insurance requires ambulances to be on standby, "Shoot- out" shall pay all personnel costs associated with the ambulance personnel while on standby. If that insurance requires rotor or fixed wing aircraft support, "Shoot-out" shall pay all costs associated with the rotor or fixed wing aircraft. If that insurance requires a firetruck on site during all fueling opera- tions, the Fire Department shall provide the firetruck. "Shoot-out" agrees to pay all costs associated with standby personnel and use of special foams or chemicals if used. (b) In the event "Shoot-out" sells or provides food or drink, "Shoot-out" or its contractor shall carry Food Handlers Insurance in the amount of Five Hundred Thousand Dollars ($500,000). (c) In the event "Shoot-out" sells or provides alcoholic beverages, "Shoot-out" or its contractor shall carry liquor liability insurance in the amount of One Million Dollars ($1,000,000). The City shall be named as additional insured in all insur- ance required pursuant to a, b and c above. Said policies, or endorsements, shall not be cancelled, not renewed or materially changed without thirty (30) days prior written notice to the Marina Superintendent. Copies of all insurance policies refer- enced herein shall be promptly provided to the City's Risk Manager, upon City's written request. A Certificate of Insurance for all policies, or endorsement, referenced herein shall be provided to the Marina Superintendent no later than March 29, 1991. Failure to provide Certificate of Insurance shall be grounds for terminating this Agreement. 14) Any damage to city property will be restored by "Shoot-out" within thirty (30) days after April 6, 1991. 15) Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, must be approved by City's Marina Superintendent and no such approval shall be given if the work will require repair by the City. USE AGREEMENT - East-West Powerboat Shoot-out Page 5 16) All tents, concession stands, or other facilities erected or constructed for the Race shall be erected or constructed in compliance with all State and local rules, regulations, ordi- nances and permits. "Shoot-out" or its contractor(s) must obtain all required permits, including without limitation Certificate of Occupancy and Food Handlers Permits. Prior to erecting or con- structing any facilities, "Shoot-out" must provide adequate assurance that all damages which might be caused by such faci- lities will be remedied within thirty (30) days after April 6, 1991. "Shoot-out" will be required to have a licensed electrician if any electrical connections to the Marina's electrical supply are required. The electricity will be metered and paid for by "Shoot-out". 17) No paint or markings whatsoever 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. 18) City and "Shoot-out" hereby agree that any disputes which may arise between them concerning this Agreement, such as deter- mining the amount of damage to City property occurring as a result of the "Shoot-out" shall be submitted for determination and resolution, first to the Director of Park & Recreation, with a right to appeal to the City Manager. The decisions 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 decisions of the City Manager has been sent to "Shoot-out". In the event of such appeal, the decision of the City Council shall be final. 19) "Shoot-out" agrees to maintain such fire lanes upon the Premises as may be designated by City's Fire Chief. 20) "Shoot-out" shall not assign this Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the consent of the City first obtained in writing. 21) Any failure on the part of "Shoot-out" 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 thereof by "Shoot- out" 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 "Shoot-out" and such sums shall insure to the benefit of City as a set-off against any debt or liability of "Shoot-out" to City otherwise accrued by breach hereof. USE AGREEMENT - East-West Powerboat Shoot-out Page 6 This, the day of , 1991. ATTEST: CITY OF CORPUS CHRISTI By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: 5 DAY OF , 1991 City Attorney EAST -WEST POWERBOAT SHOOT-OUT Elaine Motl dba East-West Powerboat Shoot-out Exc1.1-15Iyr USE cR5 f-IkrcH rD 4.R.& Nor;NcLuo c � N I_fl-Sr.ta 44 b I,=1©©' — .11I`s •t •. RE}i(2EgfIJ j5 h REA, gE-QUESTED row us (NON-EXcLu Ive L &VR Mc e 6T T -N E6 -b l'i-goo' Fv1 J I R IT "�„ Corpus Christi, Texas day of N1/4K( kv , 19 1 1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 045 M1� THE CITY OF CORPUS CHRISTI passed by the following vote: Oly 02110.1