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.
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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.
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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
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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