HomeMy WebLinkAbout021295 ORD - 12/03/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR
AGREEMENT WITH THE U. S. OPEN COMMITTEE FOR THE PURPOSE
OF HOLDING A SERIES OF WINDSURFING RACES AND RELATED
ACTIVITIES IN COLE PARK, DURING MAY OF 1993, 1994, 1995, 1996,
AND 1997; AND PROVIDING FOR PUBLICATION.
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 five (5) year
agreement with the U. S. Open Committee for the purpose of holding a series of windsurfing
races and related activities in Cole Park, during May of 1993, 1994, 1995, 1996, and 1997, all as
more fully set forth in the Agreement, a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A."
SECTION 2. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
AGS000.058.kp
021?'3J
THE STATE OF TEXAS §
COUNTY OF NUECES §
For and in consideration of the sum of ONE AND NO/100 DOLLARS
($1.00) and the mutual agreements, covenants herein contained, the City of Corpus Christi,
hereinafter called "City," and the U.S. Open Committee, hereinafter called "Committee," do
hereby contract, and agree as follows:
1. Leased Premises. Subject to the terms and upon performance of the
conditions hereinafter provided, City hereby leases unto Committee, for the purpose of
holding a series of windsurfing races and related activities the following described City
property:
LEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
The southern portion of Cole Park bounded by a line 320 feet
north of the north steps to 300 feet south of the south steps
from the east curb line of Ocean Drive to the water and those
waters extending, but not limited to at least one mile eastward
into bay waters, said area being more fully described in Exhibit
"A." ("Leased Premises")
2. Consideration. The consideration for concession sales and any other
vendor revenues, other than entry fees or sponsor donations, derived from the event on the
Leased Premises is the payment by "Committee" to the City of four percent (4%) of the
gross receipts or payment of direct costs incurred by the City; whichever is greater, within
sixty (60) days after the event ends each year.
3. Term. This lease is for a term of five (5) years commencing May 1993.
Committee shall be entitled to non-exclusive use (for purposes of setup and takedown) of
the Leased Premises for a period of eight (8) consecutive days during the years 1993, 1994, .
1995, 1996, and 1997 and to the exclusive use of said Premises for a period of six (6) days
within such eight (8) day period in each of such years, all during the month of May;
provided, however, that by giving written notice of cancellation at least seven (7) months
prior to the first day of each eight (8) day use period, this Agreement shall terminate after
such notice. The Director of Park and Recreation shall coordinate the exact dates of the
event on an annual basis and shall approve said dates.
4. Waste Services. With regard to each annual windsurfing race, Committee
shall: provide for litter collection, street sanitation services and trash pickup on the Leased
Premises.
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EXHIBIT. fl '°
5. Security. Committee shall provide barricades and uniformed security
personnel in sufficient number, as determined by the Park and Recreation Director, to
provide for internal security during the races. City shall provide additional police services
for crowd and traffic control, outside the Leased Premises to protect surrounding property
owners and control traffic and parking.
6. Insurance. Committee at it expense shall furnish comprehensive general
liability insurance, protecting against liability to the public and Committee participants on
the Leased Premises. Such insurance shall have policy minimums of at least $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, Committee and Caller-Times Publishing Company
as additional insureds. Said insurance may not be canceled, not renewed or materially
changed without thirty (30) days prior written notice to City. A Certificate of Insurance,
providing for the above, shall be furnished to the City's Park and Recreation Department.
Copies of all insurance policies shall be provided to City upon written request therefor.
7. Indemnity. Committee 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 proceedings of any kind whatsoever in any way resulting from,
or arising out of planning, preparation, construction, operation, or dismantling of any
Committee structure, or its activities, facilities, equipment, or premises used in connection
with such said U.S. Open Windsurfing race. Pursuant to use of the Leased Premises with
regard to this Agreement, Committee will defend and protect the City from any and all such
claims or demands and will defend all suits arising therefrom, regardless of whether City's
agents, employees, or officers were negligent, concurrently negligent, or contributorily
negligent. This indemnity shall not exclude gross negligence.
8. Restrooms and Potable Water. Committee shall provide an adequate
number of restroom facilities to accommodate the anticipated public as determined by the
Director of Park and Recreation, and shall provide potable water.
9. First Aid. Committee shall provide a first.aid station for emergencies.
The station shall be staffed by medical professionals who shall provide evidence of their
professional liability protection to City at least ten (10) days prior to the exclusive use
period for each year of this Agreement.
10. Event Layout Diagram. Committee shall provide to the Park and
Recreation Department a diagram explaining the layout of the event at least thirty (30) days
prior to the event dates annually. Layout of the event is subject to the approval of the Park
and Recreation Director.
11. Damage to City Property. Any damage to City property, not caused by
agents, servants or employees of the City, will be restored by Committee within thirty (30)
days after the close of the event on an annual basis.
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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.
12. Temporary Buildings. All temporary buildings moved onto Leased
Premises for the event shall be placed and remain on trailers to promote expeditious
removal. All such buildings shall be removed within the non-exclusive use time period.
13. Construction. The construction work displays within the Leased Premises
shall be conducted in accordance with City specifications and building codes and after
furnishing adequate assurance that any damages will be remedied by Committee as set out
in paragraph 11 above.
14. Paint or Markings. No paint or [narking shall be permitted which in any
way obliterates or defaces any pavement markings signs heretofore existing for the guidance
of motor vehicles or pedestrians.
15. Dispute Resolution. City and Committee 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 Committee'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
Committee. In the event of such appeal, the decision of the City Council shall be final.
16. Fire Lanes. Committee shall maintain such fire lanes upon the property
herein described as may be designated by City's Fire Chief.
17. Assignment. Committee shall not assign this Agreement nor sublease the
whole or any part of the Leased Premises or make any alteration therein without prior
written the consent of the City.
18. City's Agent. The agent for the administration and enforcement of this
Agreement between the City and Committee shall be the Director of Park and Recreation.
19. Default. Any failure on the part of Committee to perform any of the
covenants contained in this Agreement, or any breach of any covenant shall notwithstanding
any license issued by City and no forbearance by City of any prior breach hereof by
Committee 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
Committee and such sums shall incur to the benefit of City as a setoff against any debt or
liability of Committee to City otherwise accrued by breach thereof.
3
That the foregoingm nc�j was read for the first time and passed to its second reading oh _. s
the 60 day of � C! t U k) , 190 / , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read orfth second time and passed to its third reading on
this the 15 day of ( OLQa1N) , 19/ , by the following vote:
Mary Rhodes (2II , Edward A. Martin
Cezar Galindo Ll, . , Joe McComb
Leo Guerrero it -1 1. Dr. David McNichols
Betty Jean Longoria ((i1. - Clif Moss
Mary Pat Slavik
1
That the oregoing rdinaice was read for the third time and passed finally on this the
day of Q C Q J \ l Q A ' , 19 q , by the following vote:
/
Mary Rhodes (L ( i , Edward A. Martin
Cezar Galindo�� �( Joe McComb �((
Leo Guerrero _ Dr. David McNichols (i� ,
Betty Jean Longoria 0-1'1. Clif Moss (JL -y,
0-5e,
Mary Pat Slavik
PASSED AND APPROVED, this the day of 4 Q( Q (0JA ),19g
ATTEST:
/(r
P-IGS1) \CN -
City Secretary MAYOR
THE CITY OE CORPUS CHRISTI
APPROVED: (9. DAY OF j('r (: L,, , 19"x:
JAMES R. BRAY, JR., CITY ATTORNEY
SZtil u ; i .i ,?-)1, Assistant City Attorney
044
021255
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #22094
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021295 AUTHORIZING THE CITY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 8th day of December 1991.
One Time(s)
$ 39.15
Business Office
Secretary
ary
Subscribed and sworn to before me this
December , 1991.
10 C eat
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
17th day of
NOTICE p GE
OF OROMr]}1( .►TH 021295
AUTHOR! THE CITY
MA Ac 10 EXECUTE A
WITH Ter U.S. VE vete
AGREEMENT OPEN COM-,
MITTEE FOR THE PURPOSE
OF HOLDING A SERIES OF
WINDSURFING RAC S
• x G
coneeeeplasif
Kion to , peril ue aty ►or
cenetofe the gross
receipts or payment of direct
costs incurred by the City,
' whichever is greater.
The ordinance was passed
- and approved on third
1. reading by the City Coun-
5 cil of the City of Corpus
e Christi, Texas on the
- 3rd day of December, 1981.
11 /s/ Armando Chapa
City Secretary
QW-01CoM a Choar
i -------he ne •
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #52979
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 3rd day of November 1991.
One Time(s)
Business Office Secretary
$ 39.15
Subscribed and sworn to before me this 6th day of
November , 1991.
OAD'ig JI Ukvectd
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
NOT r' ,
DIN ADINGNG
i AU THE CITY
MELUTE A
FI , *GREEMENT
RCPOOyME-
OF A�p''SERE9 OF 1
W7PCES AND ,
REL4 ' " 11VIE3 IN e
COLE A , DURING MAY 0
OF 1993, 1994,.1996, 1996, u
AND 1997; AND PROVIDING h
FOR PUBLICATION; consider-
ation to the City for
concession sales is four per-
cent (4%) of the gross
receipts o7 payment of direct
costsincurred by the City,
whichever is piaster.
Theordinance was passed
and approved on first
reading by the City Coun- 'et
cU of the City of Corpus
Christi, Teuton the l
29th day of. October, 1991.
/11 Armando Chaps
City Secretary
State of Texas,
)
County of Nueces ) ss:
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad #42159
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 10th day of November 1991.
One Time(s)
$ 40.50
E L' ( JPLFc9 L
Business Office Secretary
Subscribed and sworn to before me this 26th day of
November , 1991.
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
v. s arils(' to ettena.
rvOTIC6 OF PASSAGE
OF
READING
AUTHORING THE CITY
MANA TO EXECUTE A
FIVE YEAR AGREEMENT
WITH THE U.S. OPEN COM-
MITTEE FOR THE PURPOSE
OF HOLDING A SERIES OF
WINDSURFING RACES AND
RELATED ACTIVITIES IN
COLE PARK, DURING MAY
OF 1993, 1994, 1995, 1996,
AND 1991; AND PROVIDING
FOR PUBLICATION; consider-
ation to the City for
concession .salass is four per-
cent (4%) of the gross
receipts or payment of direct
costs incurred by the City,
whichever is greater.
The ordinance was passed
and approved on second
reading by the City Coun-
cil of the City of Corpus
Christi, Texas on the
5th day of November, 1991.
+s/ Armando Chaps
City Secretary
Qty 0 corpus Chrlsti
Nr -ICF Tf% BIDDERS