HomeMy WebLinkAbout027212 ORD - 04/10/2007ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC.
("COMMISSION") FOR 2007 BUCCANEER DAYS FESTIVAL AND RELATED
ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM POWER
STREET NORTH UP TO AND INCLUDING BARGE DOCK AREA, AND
ADDITIONAL LOTS BOUNDED BY S. SHORELINE, FITZGERALD, WATER
AND PALO ALTO STREETS AND ADDITIONAL LOT BOUNDED BY S.
SHORELINE, FITZGERALD, WATER AND RESACA STREETS; DURING
APRIL 18 THROUGH MAY 11, 2007, PROVIDE FOR COMMISSION PAYING
50% POLICE OVERTIME AND 100 % ALL OTHER CITY COSTS AND
PROVIDE FOR REDUCED TEMPORARY FOOD VENDOR PERMIT FEES OF
$35 FOR 2007 BUCCANEER DAYS FESTIVAL; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1.. That the City Manager or his designee is authorized to execute a lease
agreement with the Buccaneer Commission to conduct the 2007 Buccaneer Days Festival
and related activities. A copy of the lease agreement in substantial form is attached as an
exhibit The Agreement provides for use of Shoreline Blvd. from Power Street north up to
and including the Barge Dock area, during period of April 18, through May 11, 2007, and
other areas. all as described in the Lease agreement. The Agreement also provides for
Commission paying 50% of police overtime costs and 100% all other city costs. The
Agreement also provides for reduction in temporary food vendor permit fees to $35 for 2007
Buccaneer Days Festival.
SECTION 2. That 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 that requires consideration of and voting upon ordinances at two
regular meetings so that this ordinance is passed and takes effect upon first reading as an
emergency measure this the 10th day of April, 2007.
ATTEST:
Armando Chapa
City Secretary
Approved: April 5, 2007
By rte l z Are^
Lisa Aguilar
Assistant City Attorney
for City Attorney
THE CI OF CORPUS CHRISTI
Hen'
Mayor
02721
Corpus Christi, Texas
j6lAt' day of \ , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at 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,
H n Garr-tt
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jon Marez
Jesse Noyola
Mark Scott
(127'212
BUC DAYS SHORT TERM 2007 LEASE AGREEMENT
State of Texas §
County of Nueces §
Page 1 of 23
Know All By These Presents:
This short term Lease Agreement ("Lease Agreement") between the City of Corpus
Christi, a Texas home -rule municipal corporation ("City"), acting through its duly
designated City Manager, and the Buccaneer Commission, Inc. ("Commission"), a
Texas non-profit corporation, acting through its duly designated agent, is in
consideration of the covenants contained herein.
1. Definitions.
a. City - means the City of Corpus Christi, a Texas home -rule municipality.
b. City Attorney - means the City's Attorney or designee.
c. City Traffic Engineer - means the City's Director of Engineering Services or
designee.
d. City Manager - means the City's City Manager or designee.
e. Commission — means the Buccaneer Commission, Inc., a Texas non-profit
corporation.
f. Commission's Agent - means a duly authorized representative of the
Buccaneer Commission.
g. Event - means the annual Buccaneer Days Festival ("Buc Days") and related
activities sponsored by the Commission including carnival a barbeque cook -off
along Shoreline Blvd; and parade Events. The Event dates are described in
Section 2, Section 3 and Exhibit B.
h. Parks Director - means the City's Director of Parks and Recreation or
designee.
i. Police Chief - means the City's Police Chief or designee.
j. Premises - means the Event sites for the Buccaneer Days Festival and related
activities more fully described in Section 3 and on the attached and incorporated
Exhibits Al and A2.
k. Protects — Seawall repairs and renovations. The Projects will affect parking,
streets, and Premises identified in this Lease.
L Risk Manager - means the City's Director of Risk Management or designee.
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m. City Secretary — means the City Secretary or designee
2. Term. This Lease Agreement takes effect upon execution by the City Manager.
The Commission will be entitled to non-exclusive use (for purposes of set-up and
take-down) and exclusive use of the Premises described below, for the periods
identtfied on Exhibit B. The City Manager may authorize amendment to Exhibit B.
3. Premises. City grants to the Commission the privilege of using the following
described City property to conduct its annual Buccaneer Days Festival for the exclusive
and non-exclusive uses dates set forth in Exhibit B:
A. For the Rodeo, Commission, shall obtain a separate agreement with SMG,
the City's General Manager of the American Bank Area (Arena).
B. For the BBQ Challenge: Premises are described in Exhibit Al . Area is
along S. Shoreline and N. Shoreline, from Resaca Street north up to and
including the Barge Dock area located near Art Museum of South Texas.
C. For the Buc Days Carnival, Premises are described in Exhibit A2. Area is
located on those paved areas bounded by the interior of the east curb line of N.
Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the
south by the north curb line of Power Street and on the north by the north curb
line of Resaca Street. Carnival area also includes lot bounded by S. Shoreline
Drive, Fitzgerald. Water Street, and Palo Alto. Carnival area also includes use of
unoccupied portions of block bounded by S. Shoreline Drive, Fitzgerald, Water
and Resaca.
D. For the Buc Days Family Arts and Education Area: Premises are described
in Exhibit Al . Area is along S. Shoreline and N. Shoreline, from Resaca Street
north up to but not including the Barge Dock area located near Art Museum of
South Texas.
E. If any of the desired Premises include use of the American Bank Arena Area
("Arena Area") described herein, Commission shall obtain separate agreement
with SMG, the City's General Manager of the Arena Area. The Arena Area is
described as follows: Those paved areas bounded by the interior of the east curb
line of N. Shoreline Drive and the west curb line of S. Shoreline Drive and
bounded on the south by the north curb line of Power Street and on the north by
the north curb line of Resaca Street, and to end of Shoreline Drive turnaround
area and Barge Dock, including sidewalk area of the seawall; those paved areas
of Palo Alto Street bounded by N. Shoreline Drive and N. Water Street; and
those paved areas of Fitzgerald Street bounded by N. Shoreline Drive and N.
Water Street.
F. For the Buc Days Lighted Parade on May 5, 2007: Parade begins at Buc
Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south
on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on
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southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and
parade permits must be obtained as required in Sections 11 and 21 below.
G. For the Junior Parade on April 28, 2007: Parade begins in Heritage Park,
starting at Brewster at N Tancahua, south down N. Tancahua to Belden, left on
Belden to to Mesquite; north on Mesquite to Brewester. Breakup area is in the
Brewster, N. Tancahua area. Street closure and parade permits must be
obtained as required in Sections 11 and 21 below.
H. For the Buc Days Lighted Parade, Commission has exclusive use of the
parking lot located south of Memorial Coliseum, on May 5, 2007, for the times of
8:00 A.M. to Midnight, to serve as secured parade breakup area.
1. Landscaped areas within the Premises must be protected during the Event.
J. For all activities on the barge dock and adjacent waters, Commission shall
obtain separate agreements with all necessary parties.
4. Premises Revisions. Requests by the Commission for use of additional
City -owned areas require prior written approval from the Parks Director. No
concession stand, ride, vehicular parking, or other apparatus connected with
Commission may use the grassed or shrubbed areas, including the newly landscaped
median, in front of the Arena. In addition, no structures, scaffolding, bleachers or
vehicles are permitted on the Seawall without prior written permission from the Parks
Director
Repairs to the seawall may significantly impact and change the Premises (Exhibits Al
and A2) and other parts of this lease (see Section 8). If Exhibits Al and A2 are
revised, new Exhibits Al and A2 will be executed by the City Manager and
Commission Agent and filed with the City Secretary and Parks Director and
supersede the existing Exhibits Al and A2. New Exhibits Al and A2 become
effective upon filing with the City Secretary.
5. Event Layout Diagram (Exhibit C, preliminary, attached). The Commission's
Agent must provide the Parks Director a diagram explaining the final Event layout for
all reksted activities at least two weeks prior to the Event. Layout of the Event is
subject to the approval of the Parks Director.
6. Special Event Fee. The Commission must pay City a one-time Special Event
Permit fee of $100 under City ordinance.
7. Payment of City Costs. In consideration for the use of City property the
Commission will pay the City within 60 days after the Event ends each year the actual
cost incurred for services rendered, including any other City services provided by
departments other than Parks & Recreation and Police, less any amount(s) that the
Commission has disputed. An invoiced amount will be considered to be in dispute
upon receipt, by the Parks Director, of a written notice from the Commission. The
written notice must detail the basis for the disputed claim and must be received by
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Parks Director within twenty (20) calendar days of Commission's receipt of City
invoice. Resolution and payment of any disputed amount(s) will be governed by
Section 27.
The Parks Director will invoice the Commission for the costs within thirty (30)
calendar days after the Event. The invoice will provide an itemized breakdown of the
City charges for services rendered (such as set up and take down, Event clean-up,
street sweeping and repair categories). Upon receipt of written request of the
Comtnission's Agent, the Parks Director will furnish reasonable supporting
documentation of the charges within ten (10) calendar days. If there is a hurricane or
other weather activity that eliminates the Event or that reduces attendance at the Event
by more than 50% from the prior year's attendance levels, the City Manager is
delegated the authority to adjust the billing of City's Direct Costs.
A. Direct Costs. City's Direct Costs in assisting with the Event may include, but
are not limited to:
1. Damages to City property as a result of the Event, which will be billed at the
cost of repair. Commission may repair damages within 3 days.
2. Costs of labor contracted for clean up, or additional clean up required by the
Directors of relevant City departments, at applicable City rates for the year
billed, see Section 22 below. (The Commission will be given the opportunity to
hire and work its own clean up crew during and after the Event.)
3. Costs of Police Officers provided for security, crowd control, traffic control,
and off-site traffic control, at applicable City rates for the Police Officers
assigned. For the 2007 Event, Commission shall be responsible for 100% of all
non -police City Direct Costs, and 50% of police overtime. For future years
Commission will be responsible for 100% of all City non -police Direct Costs.
4. Costs of additional directional signage, barricades, and cones are
Commission's responsibility (see Sections 13 and 14) as well as any other
services requested by Commission's Agent and provided by City.
City will provide an itemized bill of Direct Costs, if any, within 30 days after the
Event closes. Commission will pay City's Direct Costs, if any, as billed within 30
days after City tenders the invoice to Commission, less any amount(s) the
Commission has disputed in accordance with the procedure above.
B. Notice of Costs. For planning purposes only, attached as Exhibit E are
estimates of the rates and costs for City Services that may be provided for the
Event. At least 60 days before the Event the Parks Director, Police Chief, and
City Traffic Engineer will meet with Commission representatives and execute an
Exhibit describing City Services to be provided for the Event and the cost to be
paid to City. That Exhibit shall be attached as Exhibit F. Notwithstanding the cost
shown in Exhibit F, Commission shall be liable for all actual cost incurred by City
related to the Event even if the actual cost exceeds the cost shown in Exhibit F.
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C. Late Fee. Commission's failure to pay the undisputed charges on City's
invoice within 30 days after submittal to Commission shall result in a late payment
fee being assessed against Commission. The late payment fee shall be calculated
to be 5% of the amount due, as shown on City's invoice, less any disputed amounts,
and said fee will be added to the net amount payable to the City.
8. Annual Planning Meetings. Two months prior to this year's Event the Parks
Director, Street Director, Police Chief, and City Traffic Engineer will meet with
Commission representatives to agree on City Services to be provided and discuss the
costs of the City Services for the Event. In addition, Seawall repairs will require that
the Premises be reviewed with regard to the areas of set-up, parking, traffic control,
barricades, traffic signs, security, fire lanes, and fencing to determine whether the
Premises are impacted by the Projects and whether Exhibits Al and A2 need to be
revised by the Parks Director and Commission. If revised, new Exhibits Al and A2
will need to be filed with the City Secretary's office. Commission's Agent may
request additional meetings.
9. Deposit. The Commission must pay a deposit of $2,000 at least one month in
advance of the Event, made payable to the City. The deposit will be used to reimburse
City for any costs incurred for trash pick up or removal of any structures or repairs to
City property. If no costs are incurred and Direct Costs are paid, the deposit will be
returned to the Commission within 30 days after the Event.
10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be sent as follows:
If to City:
Director of Parks and Recreation
Cty of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
FAX (361) 880-3864
If to Commission:
Executive Director
The Buccaneer Commission, Inc.
P.O. Box 30404
Corpus Christi, TX 78401-0404
(361) 884-8331 or 882-3242
FAX (361) 882-5735
11. Temporary Street Closures (Exhibit D, attached). The street closure process
will govern any necessary street closures. Commission must provide the City Traffic
Engineer and the Parks Director its site plan for the Event, application for the
requested street closure, and proof of all affected property owners' approval of the
proposed temporary street closure not later than March 1, 2007. All street closures on a
temporary basis are subject to the requirements of City Ordinances, Sections 49-15 to
49-18, as may be amended, and require the City Council to confirm the closures. The
decision to confirm the closure of the streets is within the sole discretion of the City
Council acting upon the application at the time the application is submitted.
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12. Parking. The Commission will provide parking and signage for people with
disabilities in close proximity to the entrances of the Event and its related activities
defined on the Premises maps (Exhibits Al and A2). In addition, the Commission
will provide no more than 5 parking passes for City personnel scheduled to work during
the actual Event and related activities.
13. Barricades, Traffic Signs. The Commission must provide barricades and traffic
signs required by the City Traffic Engineer that include temporary directional signage
to the nearby attractions/facilities affected by any street closures and traffic circulation
around the Event. Street access to Premises may not be blocked or partially blocked
without detour signage and alternate street access. The Commission must pay the
cost of additional signage.
14. Signage and Advertising. Signage and advertising proposed for the Event must
receive the Parks Director's prior written approval. Commission's Agent may request
inflatable advertising only for Events that receive national television exposure which
must be pre -approved by the Parks Director prior to being installed. On all advertising
for the Event, Lessee shall recognize City's contributions to the Event.
15. Rest Rooms, Drinking Water and First Aid. The Commission must provide
adequate portable rest rooms, including restrooms for people with special needs, and
drinking water for the public as determined by the Parks Director. A first aid station
must also be provided at each site throughout the duration of the Event and its related
activities.
16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial
General Liability insurance for the length of the Event and its related activities
protecting against liability to the public. The insurance must have a minimum policy limit
of $1,000,000 Combined Single Limit per occurrence for personal injury, death and
property damage. Commission is required to provide a $1,000,000 Combined Single
Limit Automobile Liability policy: providing coverage for owned, non -owned and hired
vehicles. Subcontractors and vendors who will be loading or unloading equipment,
temporary structures, carnival rides, stages, bleachers, and any other associated
materials to be utilized for the Event must have comparable insurance policies, which
must be filed at least 2 weeks prior to each Event. Commission must also furnish
insurance in the form of an accident policy for volunteers with minimum limits of $10,000
for death or dismemberment and minimum limits of $5,000 for medical expenses. If
alcohol is served at any of the Commission's Events on Premises then liquor liability
insurance in the amount of $1,000,000 Combined Single Limit must be provided by the
entity serving the alcohol. The City must be named as an Additional Insured on all
liability policies. Commission must furnish the Certificates of Insurance in at least the
above minimum amounts to the City's Risk Manager two weeks prior to the
non-exclusive use period each year
Commission must require all volunteers to sign an accident waiver form that
Commission must keep on file. The City Attorney will approve the form. In the Event
of accidents of any kind Commission must furnish the Risk Manager with copies of all
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reports of the accidents at the same time that the reports are forwarded to any other
interested parties. In addition, Commission must provide copies of all insurance
policies to the City Attorney upon City Manager's written request. Said insurance
must not be canceled, non -renewed or materially changed without 30 days prior written
notice to the Parks Director. The Risk Manager may increase the limits of insurance
upon two (2) months written notice to Commission.
17. Indemnity. Commission shall indemnify and hold City, its
officers, agents and employees ("Indemnitees") harmless of, from,
and against all claims, demands, actions, damages, losses, costs,
liabllities, expenses, and judgments recovered from or asserted
against Indemnitees on account of injury or damage to person or
property to the extent any damage or injury may be incident to, arise
out of, or be caused, either proximately or remotely, wholly or in part,
by an act or omission, negligence, or misconduct on the part of the
Indemnitees or on the part of Commission or any of its agents,
servants, employees, contractors, vendors, patrons, guests,
licensees, or invitees ("Indemnitors") entering upon the Premises
pursuant to this Commission Lease Agreement, to use the Premises
and those portions of Shoreline and streets that are closed to set-up
and take-down, hold, attend, or participate in the Buccaneer Days
FesWval and associated activities, on the Premises, with the
expressed or implied invitation or permission of Commission, or
when any injury or damage is the result, proximate or remote, of the
violation by Indemnitees or Indemnitors of any law, ordinance, or
governmental order of any kind, or when any injury or damage may in
any other way arise from or out of the improvements located on the
Premises or out of the use or occupancy of the improvement to the
Premises or the Premises itself by Indemnitees or Indemnitors, or
why the injury or damage arise out of, or be caused, either
proximately or remotely, wholly or in part, by an act or omission,
neglgence, or misconduct on the part of the Indemnitors in
adnrnistsring parade vendor permits.
These terms of indemnification are effective whether the injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, and in all cases where
Indernni#ies' actions are directly related to the Event, but not if the
damage or injury results from gross negligence or willful misconduct
of Indemnitees.
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Commission covenants and agrees that if City is made a party to any
litigation against Commission or in any litigation commenced by any
party, other than Commission relating to this Commission Lease
Agreement, Commission shall defend City upon receipt of reasonable
notice regarding commencement of the litigation.
18. Safety Hazards. The Commission, upon written notice of identified safety
hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must
correct the safety hazard, within six hours or other time frame included in the written
notice of safety hazards.
19. Damages to City Property. Parks Director will provide the Commission's
Agent a punchlist of damage to City property defined in the Premises within 2 days
after the close of the Event. Commission will restore all items on the punchlist within 3
days after receipt of the punchlist. If the Commission fails to restore all items on the
punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as
set out in Section 7 above.
Commission or its agent must fill and compact all holes in grassy areas made by
Commission or any entity or person participating in the Event. Parks Director must
approve fill material. Any subsidence within the Premises must be additionally filled by
Commission or its agent until no subsidence occurs.
20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other
changes in the pavement, curbs, sidewalks, or seawall, requires the prior written
approval by City Director of Engineering Services, provided however, that no
approval will be given if the work will require subsequent repairs by the City.
21. Permits. Commission must require all vendors to obtain and comply with
appropriate permits, including permits from the Alcoholic Beverage Commission for the
sale of alcohol, from the City for consumption and sale of alcoholic beverages on park
land, and must comply with all requirements of the City -County Health Department for
the sale of foods and the protection of the public welfare. For 2007 Event, the
temporary food service establishment permit fee is $35 per vendor. For future
events, the temporary food service establishment permit fees shall be those
established in City Code of Ordinances Section 19-33. Any vendor that sells
alcoholic beverages must furnish proof of Liquor Liability Insurance in the same
amounts set out in Section 16. Said Certificate of Insurance must be furnished to the
Risk Manager at least two weeks prior to the starting date of the Event annually. Other
permfts Commission must obtain are Parade Permits for both of the Buccaneer Days
Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from
Buildkig Inspection and Fireworks Permits from the Fire Department and any permits
required by the Coast Guard for water Events. Commission's Agent shall notify the
Parks Director of any special conditions imposed by any permitting agency.
21.1. Parade Vendors
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A. Commission or its designee shall have exclusive authority to administer and
issue parade vendor permits to permit vending on the public sidewalks along the
parade route for the following time periods:
(i) For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a
time to be designated by the City Manager, but not later than, 8:00 A.M. the day
of the Lighted Parade, during and one (1) hour after the Lighted Parade;
(ii) For the Buccaneer Days Junior Parade, ("Junior Parade"), beginning at a
time to be designated by the City Manager, but not later than 6:00 AM the day of
the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
B. Commission shall have the right to determine permit fees for parade vendors
that desire to sell items at the Commission's Parade Events.
C. Commission shall ensure that parade vendors comply with applicable sections
of the following regulations: Sections 38-6 and 38-17 (b) of the City Code of
Ordinances, copy attached as Exhibit G, and Chapter 38 of the City Code of
Ordinances, copy, attached, as may be amended by the City Council.
D. Commission shall further ensure that no parade vendor sells the following
items identified by the Police Chief: silly string, or any similar squirting device;
poppers or any similar noise device; stink bombs or smoke bombs, or any similar
device; or lasers or any similar laser producing device.
E. Violations of the City Code of Ordinances shall subject the parade vendor to
issuance of citation by City Police Department.
F. Commission shall ensure that all food and beverage vendors comply with all
requirements of the Corpus Christi-Nueces County Public Health Department and all
other local, State or Federal laws, rules, and regulations regarding the sale and
storage of food.
G. Commission shall ensure that all parade vendors comply with all applicable
Federal, State, and local laws and regulations, as may be amended.
H. Commission desires to place stationary vending booths along the parade route
on real property owned by the City of Corpus Christi during Parade Events. The
Commission may place a vending booth at a specific location that has been
reviewed and approved in writing by the City Manager or designee, the Chief of
Police or designee, the Fire Chief or designee, the Director of Engineering Services
or designee, the Traffic Engineer or designee, the Parks Director or designee, and
the Director of Solid Waste or designee.
I Stationary vending booths at City -approved locations may be placed no earlier
than 36 hours prior to the start of a Parade Event, and must be removed no later
than 24 hours after the conclusion of a Parade Event.
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J. Commission shall restore all property used for placement of vending booths to
its original condition within 24 hours of the conclusion of a Parade Event.
K. Commission shall promptly remove or relocate booths at Commission's sole
expense if deemed necessary by the City Manager or designee for repair to City or
other public utilities, or for protection of public health and safety.
L. Commission shall obtain all necessary permits prior to the placement of
vending booths at City -approved locations.
M. No alcoholic beverages may be sold by a parade vendor.
N. Commission shall require all food and beverage parade vendors to clean the
area around each food and beverage booth. The clean up will be hourly and
immediately after the conclusion of a Parade Event. All trash cleaned up must be
properly deposited in a trash bag provided by the Commission and taken to a
location designated by the Commission.
21.2 Parade Viewing Area Permits For City Property Along Parade Route For
Rental to General Public
A. Commission or its designee shall have exclusive authority to administer and
issue parade viewing area permits to Commission or to nonprofit groups to allow
Commission or groups to rent City property, designated by Parks Director, to the
general public along the following portion of the parade route and for the following
time periods:
(i) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by
Upper Broadway to Shoreline Blvd to American Bank Center, Power Street to
Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave.
(1) For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a
time to be designated by the City Manager, but not later than, 8:00 A.M. the day
of the Lighted Parade, during and one (1) hour after the Lighted Parade;
(ii) For the Buccaneer Days Junior Parade, ("Junior Parade"), beginning at a
time to be designated by the City Manager, but not later than 6:00 AM the day of
the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
B. Commission shall have the right to determine reasonable fees for the nonprofit
groups to rent space in the parade viewing area to the general public. Commission
and the nonprofit groups shall split these fees.
C. Commission shall require the nonprofit groups to clean the parade viewing
area. The clean up will be hourly and immediately after the conclusion of a Parade
Event. All trash cleaned up must be properly deposited in a trash bag provided by
the Commission and taken to a location designated by the Commission.
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D. Commission shall restore all City property used for parade viewing to its
original condition within 24 hours of the conclusion of a Parade Event.
22. Clean Up. Commission must require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals.
Commission may designate the zone, but it will not be Tess than 10 feet by 20 feet in
the immediate area around each food and beverage booth. The clean up will be hourly
and immediately after closing the Event each day. All trash cleaned up must be
properly deposited in a trash bag provided by the Commission and taken to a location
designated by the Commission. Commission may hire and work its own clean up
crew during and after the Event. If the Parks Director determines that additional clean
up is necessary, Parks Director will give Commission's Agent 2 hours notice to
increase services; and if it is still unsatisfactory, Parks Director may authorize use of
City workers.
Commission must install screens, approved by City Director of Storm Water
Operations or designee. across all storm water inlets along Shoreline and within any
closed streets within the Premises. Drainage must not be blocked. Commission must
remove the screens within the non-exclusive use period after the close of the Event.
However. Commission must remove screens (along with any trash that has
accumulated over the screens) immediately if heavy rain is imminent, or upon the
direction of the City Director of Storm Water Operations or her designee.
23. Construction. The construction work for displays and stages must be conducted
in accordance with City building codes and restrictions. Construction that causes
damages will only be allowed if Commission provides the Parks Director prior written
assurances that Commission will remedy said damages in accordance with Section 19
above and Parks Director approves the construction in writing.
24. Temporary Buildings. Commission must receive prior written approval from the
Parks Director to place any temporary buildings on the grounds of the Premises.
Otherwise, all temporary buildings moved onto Premises for the Event must be placed
and remain on trailers to promote expeditious removal. All these buildings must be
removed within the non-exclusive use time period.
25. Electrical & Water Services. City does not provide electrical service on the
Premises. A Temporary Promotional Event Permit from the City Building Inspection
Department is required in order to install electrical service for the Event. Further, a
Certificate of Occupancy, which involves inspections, must be completed by the proper
inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and
structures, inspected. It is the responsibility of the Commission to call each inspector
for an appointment to inspect and get approval for each temporary service before the
Event begins. Parks Director will provide access to water from park water facilities.
26. Permissible Vendor Location Markings. No paint or semi-permanent markings
will be permitted which in any way obliterate or deface any pavement markings or signs
heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape
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markings may be used to pre -mark locations on the sidewalk or street. (Painted
markings of any type will only be permitted in grassy areas).
27. Dispute Resolution. City and the Commission agree that any disputes which
may arise between them concerning this Lease Agreement, such as determining the
amount of damage to City property occurring as a result of the Event, or regarding an
invoiced amount, will be submitted for determination and resolution, first to the Parks
Director. with a right to appeal to the City Manager. The decision of the City Manager
will 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 appeal, the decision of
the City Council will be final. Upon a resolution of the dispute, either by agreement of
the parties or as the result of an appeal, the disputed amount will be considered due
and payable to the City within ten (10) calendar days of the resolution. This Lease
Agreement in no way waives the Commission's rights to seek other legal remedies
during the appeals process.
28. Emergency Vehicle Lanes. Commission's Agent must at all times during the
Event and the non-exclusive use period, maintain emergency vehicle lanes upon the
Premises as may be designated by City Fire Chief. These lanes must be kept clear of
all obstructions
Commission must, at all times it is in exclusive use of the Premises, provide driveway
access for trucks and emergency equipment to the service entrance of the Coliseum by
keepklg the driveways open and unoccupied by structures or automotive equipment.
29. Assignment. Commission may not assign or transfer this Lease Agreement
nor sublease the whole or any part of the Premises or make any alteration therein
without the prior written consent of the City.
30. Breach, Termination. Any failure on the part of Commission to perform any of
the covenants contained in this Lease Agreement, or any breach of any covenant or
condition by Commission entitles City to terminate this Lease Agreement without
notice or demand of any kind, not withstanding any license issued by City and no
forbearance by City of any prior breach by Commission is a waiver by or estoppel
against City. In case of termination City is entitled to retain any sums of money
theretofore paid by Commission and the sums inure to the benefit of City as a set-off
against any debt or liability of Commission to City otherwise accrued by breach hereof.
31. Right of Commission to Use Public Streets. Commission acknowledges that
the control and use of public streets is declared to be inalienable by the City and except
for the use privilege granted herein, this Lease Agreement does not confer any right,
title, or interest in the public property described herein. The privilege to use the City
property granted herein is subject to the approval of the City Council as required by
ordinance and the compliance by Commission with the terms and conditions contained
within this Lease Agreement.
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32. Not Partnership or Joint Venture. This Lease Agreement may not be
construed or deemed by the parties hereto as a partnership, joint venture, or other
relationship that requires the City to cosponsor or incur any liability, expense, or
responsibility for the conduct of the Event or associated activities. Payments received
from Commission by the City are compensation for provision of City services as
described herein and for the right of Commission to use public property for the limited
purpose described herein.
33. City Services Subject to Appropriation. The Commission recognizes that the
services provided by the City pursuant to this Lease Agreement are subject to the
City's annual budget approval and appropriation. The continuation of any contract after
the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is
subject to appropriations and budget approval. The City does not represent that the
expenditures required by the City for the provision of services required by this Lease
Agreement will be adopted by future City Councils, said determination being within the
sole discretion of the City Council at the time of adoption of each fiscal year budget.
34. Compliance with Laws. Commission must comply with all applicable federal,
state, and local laws and regulations, including without limitation compliance with
Americans with Disabilities Act requirements, all at Commission's sole expense and
cost.
35. Non-discrimination. Commission warrants that they are and will continue to be
an Equal Opportunity Employer and hereby covenants that no employee, participant,
invitee, or spectator will be discriminated against because of race, creed, sex, handicap,
color, or national origin.
36. Fence. Commission may provide a temporary six-foot (6') chain link fence, with
gates for access, as shown on Exhibits Al and A2, attached and incorporated. The
fence will help improve security. crowd control, litter control, and keep bicycles,
skateboards, animals, and personal coolers out of the Event area. Exhibits Al and A2
may be revised to enlarge or decrease the fenced area in accordance with the
Commission's needs upon Parks Director's concurrence. If Exhibits Al and A2 are
revised, new Exhibits Al and A2 will be filed with the City Secretary and supersede the
existing Exhibits Al and A2. The new Exhibits Al and A2 become effective upon filing
with the City Secretary
37. Admission Fee. Commission may charge an admission fee. Special Events
connected with Commission may charge another fee to help defray the cost of
entertainment.
38. Security. Commission must provide uniformed Security Officers during the
Evert, and after the Event closes each night until it opens the next day. Commission
will assign the Security Officers duties. Security Officer means sworn peace officers
directly paid by Commission. Provided, however, the Police Chief may determine that
a security guard service will provide adequate security for the Event, or portions of the
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Event. If the Police Chief allows a security guard service to provide security, the term
"security officer" will include a licensed security guard as well as a sworn peace officer.
If the City Police Chief determines it is necessary, the Police Chief will assign Police
Officers to provide off-site crowd and traffic control for the Event as needed and include
costs of police officers in the Direct Costs per Section 7 above. The Police Officers will
be assigned duty stations by the Police Chief, or designee.
39. Entirety Clause. This Lease Agreement and the incorporated and attached
Exhibits constitute the entire Lease Agreement between the City and Commission
for the use granted. All other Lease Agreements, promises, and representations,
unless contained in the Lease Agreement, are expressly revoked, as the parties intend
to provide for a complete understanding within the provisions of this Lease Agreement
and its Exhibits, of the terms, conditions, promises, and covenants relating to
Commission's operations and the Premises to be used in the operations. The
unenforceability, invalidity, or illegality of any provision of the Lease Agreement does
not render the other provisions unenforceable, invalid, or illegal.
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Executed in Duplicate Originals on , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
Legal Form Approved 2 January 2007
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
This Instrument was acknowledged before me on , 2007, 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:
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THE BUCCANEER COMMISSION, INC.
By:
Barry Box
Executive Director
Date:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
Page 16 of 23
This instrument was acknowledged before me on , 2007 by
Barry Box, Executive Officer for The Buccaneer Commission, Inc., a Texas non-profit
corporation, on behalf of The Buccaneer Commission, Inc.
Notary Public, State of Texas
Printed Name:
Seal:
Expiration Date:
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EXHIBIT Al- BBQ CHALLENGE AREA
EXHIBIT A2 — CARNIVAL AREA
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EXHIBIT B
2007 Lease Agreement
Event Locations, Dates & Summary
Buc Days Carnival
Next to BBQ Challenge, along Shoreline from Power St. to Resaca
NONEXCLUSIVE EXCLUSIVE
April 18, 2007 thru April 24, 2007 April 25, 2007 thru May 6 2007
& May 7, 2007 thru May 11, 2007
Buc Days BBQ Challenge
Just outside American Bank Center, from Resaca to Barge Dock
NONEXCLUSIVE EXCLUSIVE
April 18, 2007 thru April 24, 2007 April 25, 2007 thru April 28, 2007
& April 29 thru April 30, 2007
NONEXCLUSIVE
Buc Days Pro Rodeo
American Bank Center Arena
EXCLUSIVE
ApriI22. 2007 thru April 23, 2007 April 24, 2007 to April 28, 2007
April 29 through April 30, 2007
(Buc Days shall contract directly with third party arena management company for use of
American Bank Center Area.)
Buc Days Family Arts & Educational Area
Just outside American Bank Center, from Resaca to Barge Dock (does not
include Barge Dock area)
NONEXCLUSIVE EXCLUSIVE
May 7, 2007 through May 8, 2007 April 29, 2007 to May 6, 2007
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Exhibit B
Buc Days 2007
Buc Days Pro Rodeo
American Bank Center Arena
April 25-28, 2007
2006 Attendance: 17,142
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Buc Days BBQ Challenge
Just outside American Bank Center, from Resaca to the Barge Dock
April 25-28, 2007
2006 Attendance: approximately 15,000
Buc Days Carnival
Next to BBQ Challenge, along Shoreline
April 25 -May 6, 2007
2006 Attendance: 40,814
Buc Days Jr. Parade
April 28, 2007
2006 Attendance: Approximately 20,000 spectators
Buc Days Illuminated Night Parade
May 5, 2007
2006 Attendance: Approximately 150,000 spectators
Buc Days Competencia Folklorica Del Mar
At Selena Auditorium
April 19-21, 2007
2006 Attendance: Approximately 2,000 spectators
2006 Buc Days Attendance: Approximately 244,956
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EXHIBIT G - Event Layout Diagram
EXHIBIT D - TEMPORARY STREET CLOSURES
EXHIBIT E - ESTIMATES OF RATES AND COSTS FOR CITY SERVICES
EXHIBIT F - COST ESTIMATE
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EXHIBIT G
PARADE VENDOR REQUIREMENTS
Sec. 38-6. Permit application; information required.
Every application for a permit required by this chapter shall contain the following:
(1) The name of the applicant and, if applicable, a certified copy of any assumed name
certificate and/or corporate or other legal organization charter of record, together with
proof of the individual's authority to act in behalf of such entity.
(2) The business address and phone number of the applicant.
(3) The name, home address and phone number of any individuals who will engage in
the business operations in the city.
(4) A description of the type of goods or services to be offered for sale or rental.
(5) A description of the proposed location of the business for which the permit
application is filed, including proposed routes for mobile street vendors, which shall
show compliance with all site regulations of this article.
(6) The license number of any motor vehicle to be used in the operation of the business
in the city.
(7) a. An identification card no larger than three (3) inches by three (3) inches,
displaying a photograph (or together with an additional photograph identification card,
such as a current driver's license to be used with the identification card -required hereby)
for each individual representative of the applicant who will be engaged in the business
for which application for a permit is made. The identification card required hereby shall
contain the name of the individual representative, the permanent residence address of
the individual representative, the local address and phone number, if any, of the
individual representative, and the name and address of the applicant as shown on the
application for a permit.
b. For purposes of this article, every individual who conducts business for an applicant
is a representative of such applicant whether acting as employee, agent, independent
contractor, franchisee or otherwise for other business purposes, and the applicant shall
for all purposes under this article be responsible for compliance with this article by every
such individual representative.
(8) A description and photograph or drawing with construction plans and specifications
of any vending unit to be used in the business for which the permit application is filed.
(9) Proof of a general comprehensive business liability insurance policy, issued by an
insurance company authorized to do business in the State of Texas, protecting and
indemnifying the applicant and the city from all claims for damages to property and for
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bodily injury, including death, which may arise from operations under or in connection
with the requested permit. Such insurance shall name the city as an additional insured,
shall provide that no termination or cancellation will be effective without prior written
notice to the city, and shall provide liability protection in the following minimum amounts:
One hundred thousand dollars ($100,000.00) per person and three hundred thousand
dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars
($50,000.00) per occurrence for property damage. An indemnity agreement protecting
and indemnifying the city against all such claims may be substituted for the insurance
policy herein required in the case of parade vendor permits valid only for such parade
event and issued under the provisions of section 38-17(b) of this article.
(10 Proof of state sales tax certificate, if applicable, and compliance with all other
applicable state and federal requirements for the particular business for which a permit
is requested.
(Ord. No 18788, § 1, 4-9-1985)
Sec. 38-7. Health permits required for food and beverage businesses.
No permit authorized to be issued under this article shall be issued to any person for the
purpose of selling or offering for sale any food or beverage unless the applicant shall
have first obtained all health permits, certificates and inspections required by the city
health code for the particular type of business for which the permit is requested.
(Ord. No, 18788, § 1, 4-9-1985)
Sec. 38-17. Sidewalk vendors; special regulations.
No permit shall be issued to any vendor to operate his business and no vendor shall
vend upon any public sidewalk in the city except as follows:
(b) Parade vending.
(1) Vendors may be permitted along parade routes during and for four (4) hours prior to
and one (1) hour after any parade held under authority of a permit issued pursuant to
the Gity Code, subject to the following restrictions and regulations in addition to other
conditions imposed upon vendors by this article:
a. The pope chief shall determine whether the vending would be consistent with the
public safety. In protecting public safety, the chief may refuse to grant a permit, or may
grant a permit limiting the vending to particular areas, limiting the items to be sold or
rented, limiting the time for vending, or imposing other restrictions. In making his
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determination the chief shall consider, based upon past parade experience and law
enforcement experience, the potential for interference with traffic; misuse of items to be
sold or rented; physical injury; interference with parade participants, parade watchers,
police officers and others; and other effects detrimental to safety.
b. Vendors shall comply with all pertinent restrictions and regulations applicable to
sidewalk vendors under subsection (a) of this section.
c Parade vendor permits shall be issued for the period specified in this section only
and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit,
which fee shall be in lieu of the permit fee established for vendors in section 38-9 of this
article.
d. Vendors shall be restricted in their location to sidewalks and other public
areas, except streets, immediately adjacent to and within six hundred (600) feet of
the parade route and to private premises immediately adjacent to and within six
hundred (800) feet of parade routes. Such private premises shall be owned by the
vendor or used by him with the expressed permission of the owner. Such
permission shall be evidenced by written affidavit filed with the permitting officer
prior to the issuance of a permit under this subsection.
e. Applications for parade vendor permits must be completed and filed at least two (2)
days prior to the scheduled parade date.
(2) The city may allow parade organizers to administer the parade vending
process by separate agreement.
(Ord. No. 18788, § 1, 4-9-1985 Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1,
3-2-2004)
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