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HomeMy WebLinkAbout027392 ORD - 08/28/2007ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH BAYFEST INC. FOR BAYFEST 2007 AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM IH 37 TO THE CONVENTION CENTER COMPLEX INCLUDING BARGE DOCK AREA, AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD., FITZGERALD, WATER AND PALO ALTO STREETS AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD. AND FITZGERALD, WATER AND RESACA STREETS DURING SEPTEMBER 17 THROUGH OCTOBER 7, 2007; PROVIDE FOR BAYFEST, INC. PAYING 50% POLICE AND 100 % OF ALL OTHER CITY COSTS; 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 Bayfest, Inc. for Bayfest 2007 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 IH 37 to the Convention Center Complex including Barge Dock Area and additional lot bounded by Shoreline, Fitzgerald, Water and Palo Alto Street and additional lot bounded by Shoreline Blvd., Resaca, Water and Fitzgerald Streets during September 17 through October 7, 2007, as described in the Lease agreement. The Agreement also provides for Bayfest, Inc. paying 50% of police costs and 100% of all other city costs. 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 28th day of August, 2007. ATTEST: Armando Chapa City Secretary Approved: August 23, 2007 By: 4.4,i,. Lisa Aguilar Assistant City Attorney for City Attorney THE CI OF CORPUS CHRISTI H-nry Garre Mayor 027392- Corpus Christi, Texas 7 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, Council Members Respectfully, Hen Garrett Mayor City of Corpus Christi The above ordinance was passed by the following vote: IA Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027392 State of Texas § BAYFEST SHORT TERM 2007 LEASE Know All By These Presents: Page 1 of 17 County of Nueces § This short term LEASE AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its City Manager or designee, and Bayfest, Inc., a Texas non-profit corporation, ("Bayfest"), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation. b. Bayfest - means Bayfest, Inc., a Texas non-profit corporation. c. Bayfest's Agent — means a duly authorized representative of Bayfest, Inc. d. Premises - means the site for the Bayfest Event, including parking lots, the barge dock, etc, as more fully described on the attached and incorporated Exhibit A. e. Event - means the annual festival and related activities sponsored by Bayfest. f. City Manager - means the City's City Manager or designee. g. Parks Director - means the City's Director of Parks and Recreation or designee. h. City Traffic Engineer - means the City's Traffic Engineer or designee. 1. Police Chief - means the City's Police Chief or designee. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Attorney - means the City's Attorney or designee. I. Projects —means Bayfront realignment repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. m. City Secretary - means the City's City Secretary or designee. 2. Term. This Lease Agreement takes effect upon execution by the City Manager. Bayfest will be entitled to non-exclusive use (for purposes of set-up and take-down) of the Premises for a period of twenty (21) consecutive days and to the exclusive use of said Premises for a period of up to four (4) days within the twenty (21) day period, all during the month of either September or October; provided, however, Bayfest may H:ILEG-DIRlLisa\Park and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 2 of 17 terminate this Lease by giving written notice of cancellation at least three (3) months prior to the first day of the twenty (21) day use period. The use periods are more fully described in Exhibit B incorporated and attached hereto. City Manager may authorize amendment to Exhibit B for the year 2007. 3. Premises. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: Shoreline Blvd. and the sidewalks, medians and seawall along Shoreline Blvd. between Interstate Highway 37 and the Bayfront Arts and Science Park; the barge dock; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets, said areas being more fully described in Exhibit A (i.e., "Premises").Bayfest must at all times keep an unobstructed pavement corridor at least twenty-five (25) feet wide on the west side of this portion of Shoreline Blvd. for emergency vehicle use. In addition, landscaped areas within the Premises must be protected during the Event. Note: This Lease does not include the American Bank Center or parking lots adjacent to the American Bank Center. Use of any of these facilities will be covered under a separate agreement. The street closure process will govern street closures. 4. Premises Revisions. Requests by Bayfest for use of additional City -owned areas requires prior written approval from the Parks Director. No concession stand, rides or other apparatus connected with Bayfest may use the grassed or shrubbed areas within the Bayfront Science Park without prior written permission from the Parks Director. Use of the Water Garden must be approved by Parks Director. The Parks Director may require that Bayfest secure written permission from other tenants, e.g., Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of Science and History. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram (Exhibit C, preliminary, attached). Bayfest must provide the Parks Director a diagram explaining the final Event layout for all related 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. Bayfest must pay City a one-time Special Event Permit fee of $150 as per City ordinance. 7. Payment of City Costs. In consideration for the use of City property Bayfest will pay the City within 30 days after the City submits a bill to Bayfest for the actual costs incurred for services rendered, including, but not limited to, any City services provided by the Parks & Recreation Dept., Police Dept., and any other City department. H:ILEG-DIRILisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 3 of 17 The Parks Director will bill Bayfest for these costs within thirty (30) days after the Event each year. The bill will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest's Agent, the Parks Director will furnish reasonable supporting documentation of these charges within ten (10) calendar days. If there is a hurricane or other storm event 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 include but are not limited to: 1. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. Damages may be repaired by Bayfest, subject to approval of the Director. 2. Costs of labor contracted for clean up, or additional clean up required by the Director of relevant City departments, at applicable City rates for the year billed; see B.1. and Section 22. below. (Bayfest 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. Bayfest will be responsible for 100% of all City non -police Direct Costs and 50% of police actual costs for 2007 Event. 4. Costs of set-up and takedown, at applicable city rates for the employees assigned for the year billed, see B.2. And B.3. below. Parks Director will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Bayfest. B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ("City Services") including but not limited to: 1. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Bayfest must provide plastic trash bags for the trash barrels. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the Event annually. 3. Provide Park Construction Crews one 8 -hour day before and after the Event (two days total) annually to transport Bayfest's property to and from Bayfest's H:ILEG-DIR1LisatiPark and Rec 20071Bayfest.2007.Shor.Term.Lease.doc Page 4 of 17 warehouse; remove hay and sand from designated Bayfest Premises; and dispose of used vendor tickets. 4. Furnish and/or transport barricades, signs, cones, etc. to the Premises (see Section 13). 5. Provide other services requested by Bayfest's Agent. C. Notice of Costs. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Lessee 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 E. Notwithstanding the cost shown in Exhibit E, Lessee 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 E. D. Late Payment Fee. Bayfest's failure to pay City's bill within 30 days after submittal to Bayfest shall result in a late payment fee being assessed against Bayfest. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. 8. Deposit. Bayfest 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 the 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 Bayfest within 30 days after the Event. 9. Annual Planning Meetings. Four months prior to each year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 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: If to Lessee: Director of Parks and Recreation Bayfest, Inc. City of Corpus Christi P.O. Box 1858 P.O. Box 9277 Corpus Christi, TX 78403-1858 Corpus Christi, TX 78469-9277 (361) 880-3461 (361) 887-0868 H:ILEG-DIRILisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 5 of 17 FAX (361) 880-3864 FAX (361) 887-9773 11. Temporary Street Closures (Exhibit D, attached). Upon making application to and receiving permission from the City each year for the temporary closing of the street to traffic in accordance with City ordinances, Bayfest may block off Shoreline Boulevard northbound and southbound North of IH 37. A portion of the east leg of Shoreline Boulevard will be kept open for continuous northbound traffic flow into the American Bank Center and Art Museum up until the first day of the Event. Except as set out in the temporary closure ordinance, Bayfest must not obstruct or interfere with traffic upon Shoreline Boulevard, either northbound or southbound at any time. Upon confirmation of street closures by the City Council, Bayfest may block off (except to local traffic) the sections of Hughes, Resaca, Fitzgerald, Palo Alto, Power and Belden streets between Shoreline Boulevard and North Water Street and the section of North Water Street between Fitzgerald and Palo Alto, for the purpose of placing support services and equipment associated with the Event, in accordance with the Event Layout Diagram (Exhibit C, preliminary, attached) approved by the City Traffic Engineer and Parks Director. Bayfest must provide the Traffic Engineer and the Parks Director its Event Layout Diagram (Exhibit C, preliminary, attached) for the Bayfest Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure not later than June 1st annually. All temporary street closures 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. 12. Parking. Bayfest will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). In addition, Bayfest 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. Bayfest must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by the 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. Bayfest must pay the cost of additional signage. 14. Signage and Advertising. On Premises signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Bayfest'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. H:\LEG-DIR1LisalPark and Rec 20071Bayfest.2007.Shorl.Terrn.Lease.doc Page 6 of 17 15. Rest Rooms, Drinking Water and First Aid. Bayfest 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 throughout the duration of the Event. 16. Insurance. Bayfest'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 at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Bayfest and its volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non -owned automobiles on Premises with at least the statutory bodily injury $20,000 per person, $40,000 per occurrence, $15,000 property damage limits. Bayfest's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non -owned automobile insurance with at least a $500,000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Bayfest'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. Bayfest 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. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. In addition, Bayfest 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 Bayfest. 17. Indemnity. Bayfest must indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the 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 H:1LEG-DIRILisa\Park and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 7 of 17 or on the part of Bayfest or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Bayfest, Inc. Lease to use the Premises and those portions of Shoreline and streets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with the expressed or implied invitation or permission of Bayfest, or when the injury or damage is the result, proximate or remote, of the violation by Indemnitees, Bayfest, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. 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 Indemnitees actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bayfest Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Bayfest, 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 specified in the written notice of safety hazards. 19. Damages to City Property. City will provide Bayfest's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore all items on the punchlist, Parks Director may do so and bill Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all holes in grassy areas made by Bayfest or any entity or person participating in the Event. Parks Director must approve fill H:1LEG-DIR\LisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 8 of 17 material. Any subsidence within the Premises must be additionally filled by Bayfest 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's Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Bayfest 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. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 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. Bayfest must also obtain a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection, a Fireworks Permits from the Fire Department, and any permits required by the Coast Guard for water events. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest 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 Bayfest and taken to a location designated by Bayfest. Bayfest 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, she will give Bayfest's Agent 2 hours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Bayfest. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Premises (from the North end of the barge dock to the East Side of the intersection of Shoreline and 1H 37). Drainage must not be blocked. Bayfest must remove the screens within the non-exclusive use period after the close of the Event. However, Bayfest 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 Stormwater Superintendent or 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 Bayfest provides the Parks Director prior written assurances that Bayfest will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. H:ILEG-DIRILisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.dOC Page 9of17 24. Temporary Buildings. Bayfest 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 the buildings must be removed within the non-exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on or at the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 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 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 Bayfest 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 a billed 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 Bayfest. In the event of appeal, the decision of the City Council will be final. This Lease Agreement in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non-exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Bayfest must, at all times in its use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the American Bank Center, the Art Museum of South Texas, the Corpus Christi Museum of Science and History, and the Corps of Engineers by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. H:1LEG-DIR1Lisa\Park and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 10 of 17 30. Breach, Termination. Any failure on the part of Bayfest to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest entitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Bayfest and the sums inure to the benefit of City as a set-off against any debt or liability of Bayfest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfest 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 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 Bayfest with the terms and conditions contained within this Lease. 32. Not Partnership or Joint Venture. This Lease 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 Bayfest by the City are compensation for provision of City services as described herein and for the right of Bayfest to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease 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 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. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non-discrimination. Bayfest 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. Bayfest may provide a temporary six-foot (6') chain link fence, with gates for access, as shown on Exhibit A, 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. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Parks Director's concurrence. If Exhibit A is revised, a new Exhibit A will be filed with the City H:1LEG-DIR1Lisa\Park and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 11 of 17 Secretary and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 37. Admission Fee. Bayfest may charge an admission fee. Special events connected with Bayfest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Bayfest. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the 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's Police Chief determines it is necessary, he will assign Police Officers to provide off-site crowd and traffic control including cross walks and intersections within one-half mile of Event site, 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. Publication. Bayfest agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest 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 Bayfest'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. Executed in Duplicate Originals on , 2007. LESSEE BAYFEST, INC. Name: President STATE OF TEXAS COUNTY OF NUECES H:ILEG-DIR\LisalPark and Rec 20071Bayfest.2007.short.Term.Lease.doc Page 12 of 17 This instrument was acknowledged before me on , 2007, by , President of Bayfest, Inc., a Texas non-profit corporation, on behalf of the corporation. Notary Public, State of Texas Seal: My Commission Expires Notary's Printed Name ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED June 12, 2007 George K. Noe City Manager Lisa Aguilar, Assistant City Attorney for City Attorney H:1LEG-DIR\LisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.doc Page 13 of 17 EXHIBIT A Description of Premises H:1LEG-DIR\Lisa\Park and Rec 2007\Bayfest.2007.Short.Term.Lease.doc Page 14 of 17 EXHIBIT B BAYFEST YEAR 2007 NON-EXCLUSIVE: 8:00 a.m. Monday, September 17, 2007 through 8:00 p.m. Sunday, October 7, 2007. EXCLUSIVE: 12:00 p.m. Thursday, September 27, 2007 through Sunday, September 30, 2007. H:ILEG-DIR\LisalPark and Rec 20071Bayfest.2007.5hort.Term.Lease.doc Page 15 of 17 EXHIBIT C Event Layout Diagram H:ILEG-DIRILisa\Park and Rec 20071Bayfest.2007.5hort.Term.Lease.doc Page 16 of 17 Exhibit D Temporary Street Closures H:ILEG-DIR\LisalPark and Rec 20071Bayfest.2007.Short.Term.Lease.doc Exhibit E Services to be provided by City, and cost estimates BAYFEST 2007 Estimated Expenses* Page 17 of 17 Parks and Recreation (credit account 343697-1020-12910) $ 21,000.00 Police(28,900 AT 50%) $ 14,450.00 Fire $ 75.00 Street Services $ 1,250.00 TOTAL: $ 36,775.00 *Bayfest may or may not use all services estimated on this sheet. H 1LEG-D1RlLisalPark and Rec 20071Bayfest.2007.Shorl.Term.Lease.doc