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HomeMy WebLinkAbout021763 ORD - 09/28/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR AGREEMENT WITH BUCCANEER COMMISSION INC., FOR LEASE OF CITY PROPERTY FOR THE PURPOSE OF CONDUCTING A CARNIVAL, LEASE OF OFFICE SPACE IN MEMORIAL COLISEUM AND PROVISION OF POLICE SERVICE FOR CROWD AND TRAFFIC CONTROL; BUCCANEER COMMISSION, INC. AGREES TO CONTINUE MAKING DONATIONS TO CHARITABLE OR CIVIC CAUSES IN LIEU OF RENTAL PAYMENT; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute a five-year agreement with Buccaneer Commission, Inc., for lease of City property for the purpose of conducting a carnival, lease of office space in Memorial Coliseum and provision of police service for crowd and traffic control; Buccaneer Commission, Inc. agrees to continue making donations to charitable or civic causes in lieu of rental payment, 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. 021763 M'CROF"tLMED .AG5000.396.ajr T T LEASE AGREEMENT WITH BUCCANEER COMMISSION, INC. THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi (City) owns certain property; and WHEREAS, the Buccaneer Commission, Inc. (Commission) desires to lease some of the City's property to conduct the Buccaneer Days Celebration and some of the property for office space; and WHEREAS, City desires to lease the property to the Commission for those purposes; NOW, THEREFORE, in consideration of the mutual promises herein City and Commission agree as follows: 1. Premises and Services. City hereby leases to Commission, for the purpose of holding a carnival and related activities in connection with the Buccaneer Days Celebration the following described City property and agrees to provide the following services: a) Property KNOW ALL BY THESE PRESENTS: (i) 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 ("Carnival Site"). That portion of the Coliseum presently known as the Buccaneer Commission Office, consisting of approximately 900 square feet of floor space, including all utilities other than phone, ("Office"). When necessary for the security of ticketed events, City's Coliseum Manager may temporarily limit access to the Office. (iii) Suitable space in the Coliseum for approximately ten (10) Commission and Buccarader meetings per year, whenever such meeting space is not otherwise scheduled to be in use. b) Services The necessary police service for crowd and traffic control during the eleven (11) day carnival as determined by City's Chief of Police. 2. Use of Carnival site, Commission shall not be allowed to use the grassed or shrubbed areas of the Carnival site for any reason without the prior written permission of the Director of Park and Recreation or his designee (Director). EX1,.z:� During the annual "Carnival Period", Commission shall provide driveway access for trucks and emergency equipment to the Carnival Site, at all locations required by the Coliseum Manager. At a minimum driveway access to the service entrances of Memorial Coliseum shall be continuously maintained open and unoccupied by structures or automotive equipment. 3. Consideration. The consideration for this Agreement and for the covenants herein contained to be kept and performed by the Commission is as follows: (a) Commission shall carry out the kind of activities that have been traditionally associated with the annual Buccaneer Days Celebration, such as parades, festival, firework displays, and the carnival. (b) During the year, Commission shall promote Corpus Christi by participating in approximately 25 parades in the south Texas area, as well as perform Red Carpet Welcoming Receptions as requested by the Mayor. (c) Continue practice of making annual donations to charitable or civic causes (functions) as Conunission is financially capable of so doing. 4. Term. This lease is for a term of five (5) years. Commission shall be entitled to use the Carnival Site for a period during April, May, or June, not to exceed eleven (11) consecutive days during each of the years, 1994, 1995, 1996, 1997, 1998, ("Carnival Period") the exact dates to be mutually agreed upon by the City and Commission in each of such years; provided, however, that by giving written notice of cancellation at least nine calendar months prior to the first day of the eleven day use period, this Agreement shall terminate after such notice. Commission shall be entitled to use the Office during the entire term of this Lease. 5. Clean Up During and immediately after each annual Carnival Period, Commission shall continuously clean the Carnival Site, entrance ways, parking and restroom areas, approaches, and surrounding areas. In the event the Commission does not promptly clean up such areas of all trash, litter, and other debris, and standing water which might collect upon the Carnival Site, and does not continuously clean such areas during the entire Carnival Period, City has the right to immediately perform such clean up and bill the Commission for such work and the Commission will pay City within 30 days of receipt of said bill. 6. Cash Bond Commission shall at least seven (7) days prior to the annual Carnival Period authorized by this Lease, file with the City's Director of Park and Recreation a cash bond in the amount of Five Thousand Dollars ($5,000), 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 Commission of any and all property damage which may be done to the properties of City as a result of the Buccaneer Days Celebration and/or any costs incurred by the City for event assistance or clean up that is deemed necessary. -2- 7. Resolving Disputes City and Commission hereby agree that any disputes which may arise between them concerning this Lease, such as determining the amount of damage to City property occurring as a result of the Buccaneer Days Celebration, shall be submitted for determination and resolution first to the City's Director of Park and Recreation, 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 the Commission. In the event of such appeal, the decision of the City Council shall be final. 8. Insurance. Commission, at it's sole expense, shall furnish comprehensive general liability insurance to City, protecting against liability to the public, Buccaneer Days 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 of 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 each annual Carnival Period authorized by this Lease. 9. Indemnity. Commission shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, invitees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or in any manner connected with, or are claimed to arise out of or be in any way connected with the planning, preparation, construction, operation, or dismantling of its facilities, equipment, or premises used in connection with the Buccaneer Days Celebration, or its activities, unless such injury, loss or damage shall be caused by the sole negligence of the Indemnitees or any of them. Commission shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 10. Fire Lanes, Commission agrees to maintain such fire lanes upon the Carnival Site as may be designated by City's Fire Chief. 11. Permits Commission agrees to obtain such permits from City's Health Department, Building Inspection Department, Fire Marshal, and other regulatory bodies as may necessary to conduct the Buccaneer Days Carnival. The Commission, its officers and agents will comply with all federal, state, and local laws, rules and regulations. 12. Restrooms, City shall make available during the hours of the carnival operation the ground level north bank of restrooms in the Coliseum. Commission at its expense shall provide supplies for these restrooms and shall keep these restrooms clean and sanitary during the hours of use. 13. Assignment. Commission shall not assign this Lease nor sublease the whole or any part of the demised Premises or make any alternations therein without the prior written consent of the City. -3- 7 14. Breach. Waiver. Estoppel. Any failure on the part of the Commission to perform any of the covenants contained in this Lease, or any breach of any covenant or condition herein contained on the part of the Commission shall entitle City to 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 Commission 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 Commission and such sum shall inure to the benefit of City as offset against any debt or liability of Commission 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: JAMES R. BRAY, CITY ATTORNEY B -46 . Assistant ity Attorney v BUCCANEER COMMISSION, INC. Bye(/u_ President -4- That the foregoing ordinance was read for the fir0 time and passed to its second reading on this the 31 day of (Art_ 19 k-,?), by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria (L y i Edward A. Martin Dr. David McNichols ( �y David Noyola 0.121�U� Clif Moss That the foregoing ordinance was read for t e second time and passRd finally on this the Z& day of epaeywbe►" , 19 3 , by the following vote: Mary Rhodes __1A4L___ Edward A. Martin Dr. Jack Best (1/1 Dr. David McNichols Melody Cooper aLy David Noyola Cezar Galindo //�� 0A14,Clif Moss Betty Jean Longoria 0Ay, PASSRAND APPROVED, this the day of �{Q4aviJe ✓ , 19 City Secretary MAYOR THE CI APPROVED: 30 DAY OF „Skiaati ae t , 1973 JAMES R. BRAY, JR., CITY ATTORNEY Bx l d &� aQ QAwD� Assistant ity Attorney \ forms \044 021763 CORPUS CHRISTI a CA) CO f PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 74530 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is 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 THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 5th day(s) of September, 1993. One Time(s) $ 75.20 Business Office r ecretary „Lithe Subscribed and sworn to before me this 17th day of September, 1993. ,n ) laJ Notary Public, Nueces County, Texas (J: 2 „Jr z% *: 4).or is * Armes / 14, — PUBLISHER'S AFFIDAVIT C.3 State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Atli 68527 POI Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is 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. 021763 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR AGREEMENT WITH which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the ird day(s) of October, 1993. One Time(s) $ 73.60 Business Offid'e Secretary Subscribed and sworn to before me this 13th day of October, 1993. Notary Public, Nueces County, Texas