HomeMy WebLinkAbout026418 ORD - 08/30/2005
Page 1 of 3
AN ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO
EXECUTE A SIX MONTH USE AGREEMENT (NOT TO
EXCEED 60 DAYS OF USE PER SITE) WITH VEHICLE
RESTORATION SERVICES, LLC, DBA AI RCZAR, FOR
USE OF SITE 1, A CONCRETE PAD SITE IN THE NORTH
PARKING LOT OF MEMORIAL COLISEUM, AND OTHER
SITE(S) AS DETERMINED BY CITY MANAGER, OR
DESIGNEE, TO OPERATE PUBLIC HELICOPTER
TOURS; PROVIDING FOR TERMINATION OF USE OF
SITE 1 NO LATER THAN 12-31-2005; PROVIDING FOR
TERMINATION OF USE OF SITE 1 OR THE AGREEMENT
ON 3 DAYS WRITTEN NOTICE (OR IMMEDIATELY ON
REASONABLE NOTICE TO PROTECT PUBLIC HEALTH,
SAFETY, OR WELFARE) BY CITY MANAGER, OR
DESIGNEE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a six month Use
Agreement with VEHICLE RESTORATION SERVICES, LLC, DBA AI RCZAR ("User")
for use of Site 1, a concrete pad site in the north parking lot of Memorial Coliseum, and
other site(s) as determined in the discretion of City Manager, or designee, to operate
public helicopter tours. The use period for a site coincides with the promotional events
zoning permits issued for the site by Development Services, not to exceed four (4)
permits (for each site) of no more than fifteen (15) days for each permit. The
Agreement is attached as Exhibit A and a copy is on file with the City Secretary.
SECTION 2. The Use Agreement terminates on February 28, 2006. However, User's
right to use Site 1 shall terminate on December 31, 2005, or an earlier date determined
by City Manager, or designee, in his/her discretion, by giving User written notice at least
three days before the earlier date. Either City Manager, or designee, or User may
terminate the Agreement on three days written notice to the other party. City Manager,
",--
or designee, in order to protect public health, safety, or welfare may immediately
terminate the use agreement (or use of a Site) by giving reasonable notice (oral or
written, as determined by the circumstances) to User.
SECTION 3. Upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance iSKssed upon first reading as an
emergency measure on this ?L r1 day of . -'l~' > t , 2005.
C \(DoyleO 3 05\PARK&REC.27ILease&Us.eAgreemtI2005\050825DC.Helicopt erTours.Kendlg Collseum.Ord.doc
o 2 {i 4 1 8
ATTEST:
CITY OF CORPUS CHRISTI
I~
Acmando Chapa.
City Secretary
Hlb~~
Mayor
APPROVED: August 25,2005
/it3//
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C. \( Doyle. 0:,. 05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Helicopter Tours. Kendig. Coliseum. Ord .doc
Page 2 of 3
Page 3 of 3
Corpus Christi, Texas
j L' -j h. Day of !-t1A..t.11 A," -r--
:1
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
20C':::-
'-
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 two 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,
~~dr
Henry Garr , Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
!, (.
./,<.... "-
/
Rex A. Kinnison
Brent Chesney
, ,
J/}
't
~~ - !,;
vc\,-L
,
John E. Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
. )">}
,j.)
Mark Scott
(~,G
William Kelly
/ A'" J
)./ '^
, \ -
C( Doyle. 02. 05\P ARK&REC.27\Lease&Us.eAg(eemt\2005\05 .0825DC. HellcopterT ours. Kendig. Coliseum. Ord .doc
026418
Page 1 of 17
CONCRETE PAD AT NORTH PARKING LOT OF MEMORIAL COLISEUM
USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
VEHICLE RESTORATION SERVICES, LLC, DBA AIRCZAR
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
KNOW ALL BY THESE PRESENTS
This Use Agreement is entered into by and between the City of Corpus Christi
("City"), a Texas home-rule municipal corporation, acting through its duly authorized
City Manager, or the City Manager's designee, and VEHICLE RESTORATION
SERVICES, LLC, DBA AIRCZAR ("User").
Section 1. Definitions. For the purposes of this Use Agreement:
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation.
City Council means the City Council of the City.
City Manager means the City Manager of the City or the City Manager's designee.
Engineering Services Director means the City's Director of Engineering Services.
Holdover Period means any period of time in which the User remains in the
Premises after the expiration of the original term of this Use Agreement and
continues to provide consideration in lieu of paying rent to the City under the terms
of this Use Agreement.
Improvements means buildings and other structures located on the Premises.
Use Agreement means this document, including all attachments and exhibits that
are referred to in this document.
User means VEHICLE RESTORATION SERVICES, LLC, DBA AIRCZAR, Corpus
Christi, Texas.
Parks and Recreation means the City's Parks and Recreation Department.
Director means the City's Director of Parks and Recreation or the Director's
designee.
Airport Manager means the City's Airport Manager or the Airport Manager's
designee.
C:\(Doyle.03. OSIP ARK&REC.27\Lease&Us.eAgreemt\200S\OS.082SDC. Mem. Coliseum. UseK. PKendig.Helicopt.erRides.doc
Page 2 of 17
Premises means (1 ) "Site 1", a concrete and grass pad site in the north parking lot
of Memorial Coliseum designated as shown on the drawing attached as Exhibit A1,
together with all improvements; or (2) other "Site(s)" substituted for Site 1 or added
as additional to Site 1 , as described in Section 3 below.
Regular hours of operation means the regularly scheduled hours of User's
operation.
Risk Manager means the City's Director of Risk Management or the Risk
Manager's designee.
Sign means any signs, advertisements, notices, or other lettering that are exhibited,
inscribed, painted, erected, or affixed on or about the Premises, or any part of the
Premises.
Section 2. Purpose. The purpose of this Use Agreement, between the City and User,
is to enable User to provide helicopter tours for the public, including citizens of Corpus
Christi. User may not operate the Premises for any other purpose without the prior
written approval of the Director.
Section 3. Premises. The Premises is Site 1 , a concrete and grass pad site in the
north parking lot of Memorial Coliseum designated as shown on the drawing attached
as Exhibit A1, together with all improvements. However, City Manager, or designee, in
his/her discretion, may agree to substitute other Site(s) for Site 10r add other Site(s) to
the premises provided User (1) obtains all required permits (including, but not limited to,
Promotional Events Zoning Permits and aviation permits under sections 9-1 and 9-2 of
the City Code of Ordinances) and (2) pays a reasonable fee for use of each Site, as
determined by City Manager, or designee.
Section 4. Use of Premises Subject to Use Agreement. User's use of the Premises
is subject to the terms and conditions in this Use Agreement. The detailed conditions for
using the Premises are contained in the attached Exhibit A2. Exhibit A2 may be
amended as often as necessary by Director. Use of the Premises is also subject to the
provisions of the Promotional Events Zoning Permits (Exhibit B) and the aviation
permits issued under sections 9-1 and 9-2 of the City Code of Ordinances. This Use
Agreement is made in consideration of the mutual promises and covenants contained in
this Use Agreement.
Section 5. Limitation of Title. City does not warrant its title to the Premises. This
Use Agreement and the rights and privileges granted User in and to the Premises are
subject to all covenants, conditions, restrictions, and exceptions of record or apparent.
Nothing contained in this Use Agreement may be construed to imply the grant to User of
rights in the Premises that exceed those owned by City.
Section 6. Term; Contingent. This Use Agreement is contingent on User receiving
Promotional Events Zoning Permits for each Site constituting the Premises and aviation
permits for the each Site constituting Premises issued under sections 9-1 and 9-2 of the
C :\(Doyie. 03. 051P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum. UseK. PKendig. HelicopLerRides.doc
Page 3 of 17
City Code of Ordinances. This Use Agreement is also contingent on User furnishing to
City an executed written agreement between User and the Corpus Christi Rayz
consenting to this Use Agreement.
Subject to all provisions of this Use Agreement, City grants to User the right to use each
Site constituting the Premises for a period of time coinciding with up to four (4)
Promotional Events Zoning Permits, not exceeding fifteen (15) days per permit.
However, either City Manager, or designee, or User, with or without cause, may
terminate this Use Agreement (or use of a Site) by giving three (3) days written notice to
the other party. Further, City Manager, or designee, in order to protect public health,
safety, or welfare, as determined in his/her discretion, may immediately terminate this
Use Agreement (or use of a Site) by giving reasonable notice (oral or written, as
determined by the circumstances) to User. Section 31 contains termination provisions
for default.
This Use Agreement begins on the _ day of , 2005 (the day of final City
Council approval) and terminates on February 28, 2006, unless sooner terminated as
provided in this Agreement. However, User's right to use Site 1 terminates on
December 31, 2005, or an earlier date determined by City Manager, or designee, in
his/her discretion, by giving written notice to User at least three (3) days before the
earlier date.
a. There shall be no Holdover Period.
b. City Manager, or designee, has the absolute right to terminate this Use
Agreement with or without cause upon three (3) days written notice to User.
Section 7. Abandonment of Premises. If the User abandons the Premises or if the
User fails to take possession of the Premises within ten days after commencement of
the term of this Use Agreement, then this Use Agreement shall terminate automatically
and City Manager may take immediate possession of the Premises. "Abandoned"
means that the Premises become vacant or deserted for a continuous period of thirty
(30) days.
Section 8. Cessation of Use.
a. If User for any reason ceases to use the Premises for the purposes specified in
Section 2, User has the right to terminate this Use Agreement by written notice to
the City Manager.
b. The written notice of termination must be given at least three (3) days prior to the
effective date of termination.
c. If the cessation of use occurs and continues for 15 days or longer, and User does
not exercise the right to terminate this Use Agreement, then the City may terminate
this Use Agreement by giving User at least three (3) days notice prior to the effective
termination date.
C'\(Doyle.03. 05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC.Mem. Coliseum. UseK. PKendig. Helicopt. erRides.doc
Page 4 of 17
d. User's obligation to provide consideration in lieu of paying rent ceases upon
termination, but no consideration provided prior to termination will be refunded.
e. During any cessation of use, User must maintain and regulate the use and
occupancy of the Premises at User's expense as specified in Sections 2, 4, 22, 24,
28, and 29.
Section 9. Surrender. User acknowledges and understands that the City's agreement
to grant use of the Premises to User is expressly conditioned on the understanding that
the Premises must be surrendered, upon the expiration, termination, or cancellation of
this Use Agreement, in as good a condition as received, reasonable use and wear, acts
of God, fire and flood damage or destruction where User is without fault, excepted.
Section 10. Use Agreement Consideration. For use of Site 1, the concrete and
grass pad site in the north parking lot of Memorial Coliseum, User shall pay in advance
a fee of $25.00 for each calendar month, or portion of a calendar month, of use. Further,
User must maintain Site 1 by repairing the concrete and grass pad site as needed and
collecting litter, etc. as directed in writing by the Director. Use fees for other Sites are
determined under Section 3.
Section 11. Promotional Events Zoning Permits; Hours and Terms of Operation;
User Responsible for Activities.
a. Promotional Events Zoning Permits; Hours and Terms of Operation.
Attached as Exhibit B is a certified copy of User's Promotional Events Zoning
Permits. Attached as Exhibit C is a certified copy of User's Schedule of Activities,
Hours and Terms of Operation. Fees and User Requirements must be reasonable
so that helicopter tours are reasonably available for the public. Exhibits Band Care
collectively referred to as "operation documents." User may not make any change
in the original of Exhibit C without prior written consent of Director. Any change in
the original of Exhibit B must be issued in writing by the Director of Development
Services, or designee. The written consent or issuance and certified copies of the
revised operation documents must be attached to this Use Agreement as
Exhibits.
b. List of officers. User must annually submit its current list of Officers and Board
of Directors to the Director. List shall include name, title, address, and phone
number for each Officer.
c. User responsible for activities on Premises. Notwithstanding any right of City
to inspect or approve any improvement or activity under this Use Agreement, User
covenants that User is solely and exclusively responsible for all activities on the
Premises and has control of the Premises; that the City has no responsibility for
safety of, or any activity on, the Premises; and that User shall not rely on any City
inspection or action. User is solely responsible for the safety of all activities on the
Premises.
C :\(Doyle.03. 05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC .Mem.Coliseum.UseK.PKendig.HelicopterRides.doc
Page 5 of 17
Section 12. Alterations.
a. User may not make any alterations, additions, or improvements to, in, on, or
about the Premises, without the prior written consent of the Director. User must also
obtain clearance from the Risk Manager as required by Section 29.f. of this Use
Agreement.
b. User, if directed by the Director, must construct and maintain screening or other
safety barriers to ensure, to the extent reasonable, that persons and property are
protected from helicopter operations.
c. Prior to making any alterations, additions, or improvements to, in, on, or about
the Premises, User must submit the plans and specifications for the alterations,
additions, or improvements to the Director, and Engineering Services Director for
review and written consent.
d. If the Director and Engineering Services Director consent to, and the Risk
Manager grants clearance for, the alterations, additions, or improvements, the User
shall obtain all required permits for the construction; and the construction is subject
to inspection by the Director, Engineering Services Director, City's Building Official,
and their designated representatives.
e. All approved alterations, improvements, and additions made by the User upon
the Premises, although at User's own expense, shall, if not removed by User at any
termination or cancellation of this Lease, become the property of the City in fee
simple without any other action or process of law. User agrees to be contractually
and financially responsible for repairing any and all damage caused by the removal.
If items are installed in a manner that they become fixtures, the fixtures may not be
removed by User upon termination and become the property of the City.
Section 13. Taxes, Assessments, Licenses, and Fees.
a. User must pay, in full prior to each respective due date, all taxes, assessments,
licenses, and fees required by the User's use of the Premises; this includes, but is
not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that
could be assessed against the Premises and any buildings, improvements, or
fixtures appurtenant to the Leased Premises.
b. User covenants to pay, in full prior to each respective due date, payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes
according to Circular E Employer's Tax Guide, publication 15, as it may be
amended.
c. User must provide proof of payment of all taxes within 30 days after Director
requests proof of payment. Failure to payor provide proof of payment is grounds to
terminate this Use Agreement.
c: \(Doyle. 03. 05\PARK&REC.271Lease&Us.eAgreemt\2005\05. 0825DC. Mem. Coliseum. UseK PKendig.Helicopt.erRides.doc
Page 6 of 17
Section 14. No Debts. User may not incur any debts or obligations on the credit of the
City during the term of this Use Agreement, and including during any Holdover Period
that may occur.
Section 15. No Liens. User agrees not to permit any mechanic's lien, materialman's
lien, tax lien, or any other lien to become attached to the Premises, or any part or parcel
of the Premises, or the improvements on the Premises, because of any work or labor
performed by any mechanic, materials furnished by any materialman, or any other
reason.
Section 16. Assignment and Subleasing.
a. User may not assign or encumber this Use Agreement, without the prior written
consent of the City Manager. Any assignment or subuse must be approved in
advance by the City Manager, which approval will not be unreasonably withheld.
b. Upon approval of the assignment, User may request the City to release User
from any further liability under the Use Agreement. City will grant the release if the
assignee covenants to assume all obligations and duties of User of this Use
Agreement.
c. Any attempted assignment or sublet without the prior written consent of the City
Manager renders this Use Agreement void.
d. An assignment of the Use Agreement under the same terms and conditions is
not an amendment of the Use Agreement.
e. Each provision, term, covenant, obligation. and condition required to be
performed by User must be binding upon any assignee, and is partial consideration
for City's consent to the assignment.
f. Any failure of assignee to strictly comply with each provision, term, covenant,
obligation, and condition in this Use Agreement may render this Use Agreement null
and void.
Section 17. Signs; Warning Signs Posted.
a. User may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the
Premises, or any part of this Use Agreement, without the prior written approval of the
Director.
b. Director may require User to remove, repaint, or repair any Signs allowed. If
User does not remove, repaint, or repair the Signs within ten (10) days of the
Director's written demand, the City may elect to terminate this Use Agreement after
ten (10) days written notice to User. Alternatively, Director may do or cause the work
to be done, and User shall pay the City's costs within thirty (30) days of receipt of the
Director's invoice. If payment is not timely made, Director may terminate this Use
Agreement upon ten (10) days written notice to User.
C.~Doyle. 03.05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05 .0825DC. Mem. Coliseum. UseK. PKendig. Helicopt.erRides.doc
Page 7 of 17
C. User must post the Premises with signs warning that it is a helicopter landing and
take-off area and no trespassing is allowed. The Director and Airport Manager shall
approve the wording on the signs and shall determine the placement of the signs.
Section 18. Laws Affecting Operation of Premises and Performance. User shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to User's operation of the Premises and User's performance under this Use
Agreement. This Use Agreement is also subject to applicable provisions of the City
Charter.
Section 19. Nondiscrimination. User covenants and agrees that User will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 20. Drug Policy. User must adopt a Drug Free Workplace and drug testing
policy that substantially conforms to the City's policy.
Section 21. Violence Policy. User must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City's policy.
Section 22. Maintenance. User shall maintain the Premises and all improvements in
good and safe condition during the Use Agreement term.
Section 23. Furniture, Fixtures, and Equipment.
a. It is understood that User is responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or furnishings
for User.
b. All personal property and trade fixtures furnished by or on behalf of User remain
the property of the User, unless the personal property and trade fixtures are
specifically donated to the City during the term of this Use Agreement or any
Holdover Period.
C. The Director retains the right to approve all furnishings and fixtures that may be
installed in the Premises, during the term of this Use Agreement and any Holdover
Period, prior to installation.
Section 24. Utilities. The attached Exhibit A2 governs the responsibility for utilities.
Section 25. City's Right of Inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether User is providing maintenance in accordance with and as required by Section
C '\(Doyle.03. 05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum. UseK. PKendig. Helicopt.erRldes.doc
Page 8 of 17
22 or for any other purpose incidental to the City's retained rights of and in the
Premises.
Section 26. Director's Right to Access Premises in Emergency.
a. User shall provide the Director with keys to the Premises (if keys are necessary
to access the Premises), and a current list of names and phone numbers, for use by
the Director, in the event of an emergency.
b. The Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 27. City Use. The City retains the right to use or cross the Premises with
utility lines and easements. City may exercise these rights without compensation to
User for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 28. Indemnity. In consideration of allowing User to use the
Premises, User ("Indemnitor") covenants to fully indemnify, save and
hold harmless the City, its officers, agents, representatives, and
employees (collectively, "Indemnitees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers / compensation and death
claims, or property loss or damage of any other kind whatsoever, to
the extent any injury, damage, or loss may be incident to, arise out of,
be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part: (1) User's performance under this Use
Agreement; (2) User's use of the Premises and any and all activities
associated with the User's use of the Premises under this Use
Agreement; (3) the violation by User, its officers, employees, agents,
or representatives or by Indemnitees, or any of them, of any law, rule,
regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Use Agreement; (4) the exercise of rights
under this Use Agreement; or (5) an act or omission on the part of
User, its officers, employees, agents, or representatives or of
Indemnitees, or any of them, pertaining to this Use Agreement,
regardless of whether the injury, damage, loss, violation, exercise of
rights, act, or omission is caused or is claimed to be caused by the
contributing or concurrent negligence of Indemnitees, or any of them,
but not if caused by the sole negligence of Indemnitees, or any of
C :\(Doyle. 03. OS\P ARK&REC.27\Lease&Us.eAgreemt\200S\OS .082SDC. Mem. Coliseum. UseK PKendig. Helicopt.erRides.doc
Page 9 of 17
them, unmixed with the fault of any other person or entity, and
including all expenses of litigation, court costs, and attorneys I fees,
which arise, or are claimed to arise, out of or in connection with the
asserted or recovered incident. User covenants and agrees that, if
City is made a party to any litigation against User or in any litigation
commenced by any party, other than User, relating to this Use
Agreement, User shall, upon receipt of reasonable notice regarding
commencement of litigation, at its own expense, investigate all claims
and demands, attend to their settlement or other disposition, defend
City in all actions relating to this Use Agreement with legal counsel
satisfactory to the City Attorney, and pay all charges of attorneys and
all other costs and expenses of any kind whatsoever arising from the
liability, injury, damage, loss, demand, claim, or action.
Section 29. Insurance.
a. User shall secure and maintain at User's expense, during the term of this Use
Agreement, insurance of the type and with the amount of coverage shown on the
attached Exhibit D, which is incorporated in this Use Agreement by reference. User
shall use an insurance company or companies acceptable to the Risk Manager.
Failure to maintain the insurance during the term of this Use Agreement, at the limits
and requirements shown on Exhibit D, constitutes grounds for termination of this
Use Agreement.
b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy
of and operations at the Premises. The Certificate of Insurance must provide that
the City will have thirty (30) days advance written notice of cancellation, intent to not
renew, material change, or termination of any coverage required in this Use
Agreement.
C. User shall provide, during the term of this Use Agreement, copies of all insurance
policies to the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to review the amount and types of insurance
maintained by User, to require increased coverage limits, if necessary in the interest
of public health, safety, or welfare, and to decrease coverage, if so warranted. In the
event of any necessary increase, User must receive ten (10) days written notice
prior to the effective date of the requirement to obtain increased coverage.
e. If alcoholic beverages are served on or in any Premises covered by this Use
Agreement, the User shall additionally obtain or cause to be obtained alcoholic
beverage liability insurance in the amount of one million dollars ($1,000,000.00)
covering the event or time period when alcoholic beverages are to be served.
C .\(Doyle.03.05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem.Coliseum. UseK.PKendig. Helicopt.erRides.doc
Page 10 of 1 7
f. User shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed addition
or alteration will not necessitate a change or modification in the existing insurance
coverage maintained by User. This clearance is in addition to the prior consent
required by Section 12(a) of this Use Agreement.
Section 30. Default. The following events constitute default under this Use
Agreement:
( 1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Use Agreement.
(2) Failure to pay utilities before the due date.
(3) Failure to perform scheduled maintenance.
(4) Abandonment of the Premises.
(5) Failure to maintain any insurance coverages required in this Use Agreement.
(6) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Use Agreement.
Section 31. City's Remedies on User's Default. Upon the occurrence of any event of
default, Director, at Director's option, in addition to any other remedy or right given
under this Use Agreement or by law, may do one or more of the following:
(1) Director may give notice to User that this Use Agreement terminates upon the
date specified in the notice, which date will be no earlier than three (3) days after the
giving of the notice.
(2) Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in any
notice issued under law, Director may enter into and upon the Premises and retake
possession, by legal proceedings or otherwise, expel User and anyone claiming
through or under User, remove User's or a claimant's goods and effects, forcibly, if
necessary, and store the goods in the name and at the expense of User.
Section 32. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the Use Agreement payment(s) due under this Use
Agreement, collect for any damages to the Premises, or to enforce in any other way the
provisions of this Use Agreement, User agrees to pay all court costs and expenses and
the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in
the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City.
C:~Doyle. 03. 05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum. UseK. PKendlg.Hellcopt.erRides.doc
Page 11 of 17
Section 33. Modifications. No provision of this Use Agreement may be changed,
modified, or waived, unless the change, modification, or waiver is made in writing and
signed by persons authorized to sign agreements on behalf of each party.
Section 34. Contact Person/Use Agreement Administrator. For this Use
Agreement, the City's contact person and Use Agreement administrator is the Director.
Section 35. Notice.
a. All notices, demands, requests, or replies provided for or permitted under this
Use Agreement by either party must be in writing and must be delivered by one of
the following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery
service, for which service has been prepaid; or (v) by fax transmission.
b. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax transmission will be deemed
effective upon transmission with proof of delivery.
c. All the communications must only be made to the following:
IF TO CITY:
IF TO USER:
City of Corpus Christi
Parks and Recreation Dept.
Peter Kendig, Member
Vehicle Restoration Services, LLC, dba AirCzar
P.O. Box 9277
118 Sea View Lane
Corpus Christi, TX 78469-9277
Corpus Christi, TX 78411
Attn: Director of Parks & Recreation (361) 884-2400
(361 ) 880-3464
d. Either party may change the address to which notice is sent by using a method
set out in subsection a. of this section. User shall notify the City of an address
change within ten (10) days after the address is changed.
Section 36. Force Majeure. No party to this Use Agreement shall be liable for delays
or failures in performance due to any cause beyond the party's control including,
without limitation, any delays or failures in performance caused by strikes, lock outs,
fires, acts of God or the public enemy, common carrier, severe inclement weather, riots
or interference by civil or military authorities. The delays or failures to perform extend
C :~Doyte. 03. OS\PARK&REC.27\lease&Us.eAgreemt\200SIOS.082SDC. Mem. Coliseum. UseK. PKendig.Hellcopt.erRides.doc
Page 12 of 17
the period of performance until these exigencies have been removed. User shall inform
the City in writing of proof of the force majeure within three (3) business days or
otherwise waive this right as a defense.
Section 37. Relationship of Parties. This Use Agreement establishes a
licensor/licensee relationship, and no other relationship. This Use Agreement must be
construed conclusively in favor of that relationship. In performing this Use Agreement,
the City and User will each act in an individual capacity and not as agents,
representatives, employees, employers, partners, joint-venturers, or associates of one
another. The employees or agents of either party may not be, nor be construed to be,
the employees or agents of the other party for any purpose.
Section 38. Not for Benefit of Third Parties. This Use Agreement is only for the
benefit of the City and User, and no third party has any rights or claims under this Use
Agreement or against the City.
Section 39. Publication Costs. User shall pay for the cost of publishing the Use
Agreement description and related ordinance, as required by the City's Charter, in the
legal section of the local newspaper.
Section 40. Interpretation. This Use Agreement shall be interpreted according to the
Texas laws that govern the interpretation of contracts.
Section 41. Survival of Terms. Termination or expiration of this Use Agreement for
any reason does not release either party from any liabilities or obligations under this
Use Agreement that (a) the parties have expressly agreed survive any the termination
or expiration; (b) remain to be performed; or (c) by their nature would be intended to be
applicable following the termination or expiration of this Use Agreement.
Section 42. Captions. The captions utilized in this Use Agreement are for
convenience only and do not in any way limit or amplify the terms or provisions of this
Use Agreement.
Section 43. Severability.
a. It is the definite intent of the parties to this Use Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Use Agreement be
given full force and effect for its purpose. Therefore, if, for any reason, any section,
paragraph, subdivision, clause, provision, phrase, or word of this Use Agreement or
the application of this Use Agreement to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Use
Agreement, or the application of the term or provision to persons or circumstances
other than those as to which it is held illegal, invalid, or unenforceable, will not be
affected by the law or judgment.
b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Use Agreement, then the
C:\(Doyle.03. 05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem.Coliseum. UseK.PKendig. HellcopterRldes.doc
Page 13 of 17
remainder of this Use Agreement is not affected, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to the
Illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Use Agreement automatically.
Section 44. Venue. Venue lies in Nueces County, Texas, where this Use Agreement
was entered into and will be performed.
Section 45. Entirety Clause. This Use Agreement and the attachments and exhibits
incorporated into this Use Agreement constitute the entire agreement between the City
and User for the purpose granted. All other agreements, promises, representations,
and understandings, oral or otherwise, with reference to the subject matter of this Use
Agreement, unless contained in this Use Agreement are expressly revoked, as the
parties intend to provide for a complete understanding within the provisions of this Use
Agreement and its exhibits of the terms, conditions, promises, and covenants relating to
User's operations and the Premises to be used in the operations.
Section 45. Binding Use Agreement. It is further mutually understood and agreed
that the covenants and agreements contained in the Use Agreement, to be performed
by the respective parties, are binding on the parties, and their respective successors
and assigns.
Section 47. Acknowledgment. Each party expressly agrees that it has independently
read and understood this Use Agreement. By User's execution of this Use Agreement,
User acknowledges and understands that this Use Agreement is not binding on the City
until properly authorized by the City Council and executed by the City Manager, or
designee.
C 'I(Doyle.03.05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem.ColIseum. UseK. PKendig. Hellcopt.erRides.doc
Page 14 of 17
EXECUTED IN DUPLICATE ORIGINALS on the _day of
,2005.
USER: VEHICLE RESTORATION SERVICES, LLC, DBA AIRCZAR
By:
Peter Kendig, Member
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2005, by
Peter Kendig, Member, Vehicle Restoration Services, LLC, dba AirCzar.
Notary Public, State of Texas
Printed Name:
Seal:
Expiration Date:
C:\(Doyle.03.05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC.Mem.Coliseum. UseK PKendig. Helicopl.erRides.doc
Page 15 of 17
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
APPROVED 25 August 2005
~
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2005, by
George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule
Municipal Corporation, on behalf of the corporation.
-
Notary Public, State of Texas
Printed Name:
Seal:
Expiration Date:
C:\(Doyle. 03.05\P ARK&REC.271Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum. UseK. PKendig.Helicopt.erRldes.doc
Page 16 of 17
EXHIBIT A2
DETAILED CONDITIONS FOR USING PREMISES
(CONCRETE PAD AT NORTH PARKING LOT OF MEMORIAL COLISEUM)
USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
VEHICLE RESTORATION SERVICES, LLC, DBA AIRCZAR
This Exhibit A2 contains detailed conditions for using the Premises ("Premises"). This
ExhibitA2 is attached to and governed by, and the Premises is defined in, the USE
AGREEMENT between the City Of Corpus Christi, Texas and Vehicle Restoration
Services, LLC, dba AirCzar.
Section 1 Helicopter landinglTaking Off Permit Requirements
A. Helicopter LandinglTaking Off Unlawful. It is unlawful for any person to land or take
off in a helicopter within the city of Corpus Christi at any place other than an approved
Airport or Federal Aviation Administration ("FAA") designated heliport without complying
with the following regulations:
1 A helicopter landing/taking off permit must be obtained from the Airport Manager in
accordance with subsection B of this section.
2 The helicopter operator must comply with FAA regulations.
3. Each flight must be conducted at an altitude and over a route that will allow the
helicopter to land in an emergency without hazard to persons or property on the earth
surface.
4 The landing space shall be at least one and one-half times the diameter of the rotor
blades.
5. The landing space shall be protected by rope, barricade or similar means suitable for
restraint of persons. Personnel shall be stationed at point(s) inside or adjacent to the
landing area to guard against persons from entering the landing space.
6 All operations shall be conducted in accordance with all applicable Federal, State and
Local regulations.
B. Permit--Application.
(1) Application for a helicopter landing/taking off permit shall be made in writing to the
Airport Manager at least thirty days in advance of the date of the contemplated
helicopter landing; provided, the Airport Manager, in his discretion, may reduce or
waive the application time period for an unexpected occasion when the reduction or
waiver will not result in or contribute to creating a hazardous condition. The application
shall comply with applicable FAA regulations.
C:\(Doyle. 03.05\P ARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum.UseK. PKendig. Helicopt.erRides.doc
Page 1 7 of 17
(2) The helicopter landing/taking off permit application form shall include the following
information, together with any additional information deemed by the Airport Manager to
be necessary or desirable to administer the provisions of Chapter 9, Code of
Ordinances:
a The name, address and telephone number of the applicant; name, address and
telephone number of any sponsoring organization; name, address and telephone
number of any persons having charge or control of the helicopter landing;
b The date and time of the proposed helicopter operation and landing and taking off;
c The location of the proposed helicopter operation and landing and taking off place;
d The applicant's security plan detailing safety and security precautions to prevent on-
the-ground injuries;
e The route to be traveled by the helicopter in approaching and leaving the landing
space;
f. Fueling plan if off airport fueling is planned;
g. Proof of insurance as required by the City's' Risk Manager; and
h The purpose for the helicopter operation and landing.
C. Permit--Effect. A permit issued pursuant to the provisions of subsection B of this
section shall authorize the helicopter operation and landing and taking off conducted in
accordance with the permit. The Airport Manager may impose conditions on the
issuance of the permit and may impose regulations to the helicopter operation and
landing and taking off in addition to those provided by Chapter 9, Code of Ordinances,
all as the Airport Manager deems necessary for the safety of persons or property.
D. Exception-The operators of military, law enforcement or medical evacuation/rescue
helicopters are excepted from the foregoing requirements while acting in the scope of
their duties.
Section 2. Additional Conditions Imposed by Parks Director for Use of City Property
See Attached.
C.\(Doyte.03.05\PARK&REC.27\Lease&Us.eAgreemt\2005\05.0825DC. Mem. Coliseum. UseK.PKendlg.Helicopt.erRides.doc
EXHIBIT A-1
Page 4 of 9
Attachment l. Designated Helicopter Tours Operations Site
CITY OF CORPUS CHRlSTI
DEVELOPMENT SERVICES
Bl'ILDlNG INSPECTION D1VISIOJ\
2406 LEOPARD STREET
CORPUS CHRlSTI. TEXAS 78408
(361) 826-3240 FAX 826-3006
.' ~2
E X~)lb 1+ C)
TEMPORARY PROMOTIONAL EVENT PERMIT APPLICATION
(Per Article 27.A of Zoning Ordinance)
'\lame
tt-rerz.. keru D i ~
Date
~. \.-u:os
Please print full name and addres'
\1ailing Address
I tv Cof1:::uS
Y4! C "BA\.l)\..i.yrA.-\ Phone No.
Cht2-l5-r'.~.~ State. ~ _ Zip Code 1<6
<(SeLl . ~ ():)
531 '-o,-\stl
Drivers LlCense# ..........JLQ j f s.
C- --
,'....
(.~
Date Of Birth
I . .)
. ~~
/ SL4--
Name of Temporary Promotional Event
1-\:\ e CZAK'
DuratIon of hent (15 days maximum) From _...1.-/ "3 I '2c:cf""' to ~ ~/ 2t:X:6
-l. l.ocation of Operation (Temporary Promotional Event)
Q.c)\\"5\"\..>1-J\ ?AeKlo-./6 L>:::T (L...\~) L.:::>"-lCren. At(6H
4c..2- S .5hCQeLJ"-iE i3LID Cv'ei2F161-1-T TC- Be- CNeI2
'\U'Att::rZ .
'Ga:PT furz. lAf..la l.l5 .,.
~.
Fees to be charged to public "
y.r;;Q
t'^1~
p:R- .. I J .f...
h. Hours of Operation:
Please select from the followmg
From
to
I
I
--
C&>pNl
/
tD A; VI
Temporary Promotional Event that there Wl]] be food mvohed. __' __ __ .$]48.00
[,.-/ Temporary PromotlOnal f\'ent and there w1I] not be food ll1volved... .....$ 48.00
There will be a tent mvohed (flame spread certJfledJ
--; I hereby affiml under the penalty of perjury that all of the acts, statements, and answers herein
an true
(
I
. "j-
". ..,/ ~
- . 'S 1.l A --<"""~--1'AC~'
Signature of Applicant I..
Cj_ i. '-C >
Date
CITY OF CORPlJS CHRISTI
DEVELOPMENT SERVICES
BUILDING INSPECTION DIVISION
2406 LEOPARD STREET
CORPUS CHRISTL TEXAS 78408
(361) 826-3240 FAX 826-3006
TEMPORARY PROMOTIONAL EVENT PERMIT APPLICATION
(Per Article 27.A of Zoning Ordinance)
~ame
Date
Please print full name and address
Mailing Address
CllY___~
Phone No.
State ___~ Zip Code
Dnver's License#
Date Of Birth
/
/
'\lame of Temporary Promotional Event
~
Duration of Event (15 days maximum) From
to
/ /
--
... !~ocation of Operation (Temporary Promotional Event)
-:,
Fees to be charged to public: S
,) Hours of Operation:
Please select from the following:
From
to / I
--
Temporary Promotional Event that there will be food Involved.......... ...$148.00
Temporarv Promo\]onal Event and there will not be food Involved.. ......$ 48.00
There will be a tent Involved (flame spread certlfled)
c. ! hereby affirm under the penalty of perjury that all of the acts, statements, and answers herein
drc true.
Date
Signature of Applicant
CITY OF CORPUS CHRISTI-DEVELOPMENT SERVICES-BLDG INSPECTION
MAILING: 2406 LEOPARD ST (FROST BANK-1ST FLOOR)
CORPUS CHRISTI, TEXAS 78401
TELEPHONE # (361) 826-3240 FAX # (361) 826-3006TELEPHONE #
Application Number
Property Address .
Tax Account Number:
Tenant nbr, name . . . . . .
Applic~tion type descriptlon
SubdIvIsIon Name . . . . . .
Property Use. . . . .
Property ZonIng . . .
Application valuation
Owner
05-00010391 Date
402 S SHORELINE BLVD
0474-0000-0030
AIR CZAR
TEMPORARY PROMOTIONAL EVENT
BAY FRONT PLAN
PUBLIC ASSEMBLY
BAY FRONT BUSINESS
o
9/01/05
Contractor
PETER KENDIG
4470 BALDWIN BLVD
CORPUS CHRISTI
(361) 884-2400
- ____u____uu__p_ Structure Information 000 000 -----------------
Occupancy Type TENTS
- ------- -------------------------------------------------------------
Permit . . . .. BUILDING PERMIT
Additional desc .
Phone Access Code
Permit Fee
Issue Date
CITY OF CORPUS CHRISTI
POBOX 9277
CORPUS CHRISTI
TX 78469
TX 78408
640680
48.00
9/01/05
Plan Check Fee
Valuation
.00
o
Qty
Unit Charge Per
BASE FEE
Extension
48.00
Fee summary Charged Paid Credited Due
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- ----------
Permit Fee Total 48.00 .00 .00 48.00
Plan Check Total .00 .00 .00 .00
Grand Total 48.00 .00 .00 48.00
~;c
~-,: ~:r:; i
f''-',c-
u.~ ("
1- r
t-,"f j.!1
to"'>
".
I"'"
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'-.- - - ~
NEW ENERGY CODES ADOPTED, PERMITS WILL BE REQUIRED
ON ALL REMODELING PROJECTS CONCERNING MOLD
REMEDIATION CASES. TO SCHEDULE INSPECTIONS CALL
(361) 886-4848 CATEGORY #2489. PLElI.SE PROVIDE APPLICATION
NUMBER INSPECTION TYPE & YOUR NAME.
CITY OF CORPUS CHRISTI-DEVELOPMENT SERVICES-BLDG INSPECTION
MAILING: 2406 LEOPARD ST (FROST BANK-1ST FLOOR)
CORPUS CHRISTI, TEXAS 78401
TELEPHONE # (361) 826-3240 FAX # (361) 826-3006TELEPHONE #
Application Number
Property Address .
Tax Account Number:
Tenant nbr, name . . .
Appltc~tton description
SUbdlvlslon Name . . .
Property Use. .
Property Zonlng
Permit
Additional desc .
Phone Access Code
05-00010391
402 S SHORELINE BLVD
0474-0000-0030
AIR CZAR
TEMPORARY PROMOTIONAL
BAY FRONT PLAN
PUBLIC ASSEMBLY
BAYFRONT BUSINESS
Page
Date
EVENT
BUILDING PERMIT
640680
Required Inspections
Seq
Phone Insp
Insp# Code Description
Initials
"
j . ,
1000 B040 BUILDING, FINAL
5000 FM10 FIRE ON SITE FINAL- 880-3930
2
9/01/05
Date
I I
=1=1=
EXHIBIT C
Hours of Operations are as follows:
10 a.m. to 6 p.m. on the days shown in the City's Promotional Events Zoning Permits.
Fee Schedule:
The passenger fees shall be reasonable as required in the Use Agreement.
H '\LE G-DIR\OlgaR\Doyle\Park&Rec\05 .090 1 DC. Helicopt.erT ours.Kending .Coliseum. Exhibt C.doc
Page 1 of 2
EXHIBIT D
INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A. Permittee (User) must not commence work under this agreement until all
insurance required herein has been obtained and such insurance has been
approved by the City. Permittee must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been obtained.
B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates
of Insurance, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be named as an additional
insured for the General Liability policy and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day wrltten notice of cancellation, non-renewal, Bodily Injury and Property Damage
materlal change or termination and a 10 day wrltten Per occurrence aggregate
notice of cancellation for non-payment of premium is
required on all certificates
Aircraft Liability Insurance $1,000,000 Combined Single Limit
Commercial General Liability including: $1,000,000 Combined Single Limit
1. Commercial Form
2. Premises - Operations
3. Productsl Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
AUTOMOBILE L1ABILlTY-0WNED, NON-QWNED $50,000 Combined Single Limit
OR RENTED
Applicable when employs paid employees other
WORKERS' COMPENSATION than himself I herself
, Which complies with the Texas Workers'
EMPLOYERS' LIABILITY Compensation Act and Paragraph 1\ of this Exhibit
$100,000
C. In the event of accidents of any kind, Pennittee must furnish the Risk Manager
with copies of all reports of the accidents within 10 days of any accident.
Helicopter Rides Ins. req.
8-23-05 ep Risk Mgmt.
C:\(Doyle.03.05IPARK&REC.271lease&Us.eAgreemtl2OO5\Os.0823DC.COllseum.UseK.Kendlg.Hellcopt.erRldes.lnsExhbD.doc
Page 2 of 2
II. ADDITIONAL REQUIREMENTS
A. When applicable, Permittee (User) must obtain workers' compensation coverage
through a licensed insurance company in accordance with Texas law. The
contract for coverage must be written on a policy and endorsements approved by
the Texas Department of Insurance. Workers' compensation coverage must be in
amounts sufficient to assure that all workers' compensation obligations incurred
by Permittee are promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the
General liability coverage and a blanket waiver of subrogation is required on all
applicable policies.
If your insurance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
between "be" and "canceled", and deleting the words, "endeavor to", and deleting
the wording after "left". In lieu of modification of the ACORD form, separate policy
endorsements addressing the same substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations".
At a minimum, a 30-day written notice of cancellation, material change, non-
renewal or termination and a 10~ay written notice of cancellation for non-
payment of premium is required.
C. If the Certificate of Insurance on its face does not show the existence of the
coverage required by items 1.B (1 )-(6), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.B.
(1 )-(6) are included or excluded.
Helicopter Rides ins. req.
8-23-05 ep Risk Mgmt.
C:\lDoyte.03.05IPARK&REC.27\Lease&Us.eAgreernt\2005lO5.0823DC.Collseum. UseK.Kendlg.HellcopterRldes.lnsExhbD.doc