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HomeMy WebLinkAboutC2005-123 - 3/10/2005 - NAPage 1 of 14 Buccaneer Commission Short Term 2005 Lease Agreement State of Texas § County of Nueces § 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, and in consideration of the covenants contained herein. 1. Definitions. City - means the City of Corpus Christi, a Texas home-rule municipality. City Attorney - means the City's Attorney or designee. City Traffic Engineer - means the City's Director of Engineering Services or his designee. City Manager - means the City's City Manager or his designee. Commission - means the Buccaneer Commission, Inc. a Texas non-profit corporation. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. Event - means the annual Buccaneer Days Festival and related activities sponsored by the Commission including carnival in the Memodal Coliseum parking lots, a barbeque cook-off along Shoreline Blvd; and parade Events. The Event dates are described in Sections 2, Section 3 and Exhibit B. Parks Director - means the City's Director of Parks and Recreation or designee. Police Chief - means the City's Police Chief or designee. 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 Exhibit A1 and A2. Projects - Seawall repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. Risk Manager - means the City's Director of Risk Management or her designee. City Secretary - means the City Secretary or his 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) of the Arena Area (Exhibit Al) and the Memorial Coliseum Parking Lot Premises (Exhibit A2) for a total peded of twenty-nine (29) consecutive days and to the exclusive use of said Arena Area for a pedod of up to four (4) days and said Memorial Coliseum Parking Lot Premises for a pedod of up to twenty (20) days within the twenty-nine (29) day period, all dudng the month of either April or 2005-123 03/10/05 Buccaneer Commission Page 2 of 14 May 2005; provided, however, that the Commission may terminate this Lease Agreement by giving wdtten notice of cancellation at least three (3) months pdor to the first day of the twenty-nine (29) day use period. The use pedod is fully described in Exhibit B incorporated and attached hereto. The City Manager may authorize amendment to Exhibit B for the year 2005. Premises. City grants to the Commission the privilege of using the following described City property to conduct its annual Buccaneer Days Festival: A. For the BBQ Challenge, Exhibit Al, on April 13 through April 16, 2005: Those paved areas bounded by the interior of the east curb line of Shoreline Drive (northbound) and the west curb line of Shoreline Drive (southbound) and bounded on the south by the south curb line of Power Street and on the north by the north curb line of Resaca Street, and to end of Shoreline Drive tumaround area and Barge Dock, to include 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 Ddve and N. Water Street, (the "Arena Area"). B. For the Buc Days Camival, Exhibit A2, from Apd115 through May 1,2005: City parking lots located adjacent to the Memodal Coliseum and the grassy area just north of the North parking lot, ("Memorial Coliseum Parking Lot Promises"). C. For the Buc Days Lighted Parade on Apd130, 2005, from Buc Stadium, right on Leopard, east bound, east on Lawrence, right on Shoreline, south bound to the "Old City Hall Lot"; street closure and parade permits must be obtained as required in Sections 11 and 21 below. D. For the Jr. Parade on April 23, 2005, along Shoreline Blvd. in front of U.S. Federal Courthouse to in front of Memorial Coliseum; street closure and parade permits must be obtained as required in Sections 11 and 21 below. E. For Cinco de Mayo celebration on May 5, 2005, Memorial Coliseum Parking Lot Premises. F. In addition, landscaped areas within the Premises must be protected during the Event. Premises Revisions. Requests by the Commission for use of additional City-owned areas require pdor written approval from the Parks Director. No concession stand, ddes, 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, and the use of the landscaped park area known as the "Old City Hall Lot" as described in Exhibit A2, within the Premises without pdor written permission from the Parks Director. In addition, no structures, scaffolding, bleachers or vehicles are permitted on the Seawall without pdor wdtten Page 3 of 14 permission from the Parks Director. Repairs to the seawall may significantly impact and change the Premises (Exhibits A1 and A2) and other parts of this lease (see Section 8). If Exhibits A1 and A2 are revised, a new Exhibit A1 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 A1 and A2. New Exhibits A1 and A2 become effective upon filing with the City Secretary. Event Layout Diagram. The Commission's Agent 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. Special Event Fee. The Commission must pay City a one-time Special Event Permit fee of $100 per City ordinance. 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 Park & 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 wdtten notice from the Commission. The wdtten notice must detail the basis for the disputed claim and must be received by 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 wdtten request of the Commission's Agent, the Parks Director will fumish 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 pdor 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 dudng and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, Page 4 of 14 10. and off-site traffic control, at applicable City rates for the Police Officers assigned. Commission will be responsible for 100% of all non-police City Direct Costs, and 50% of police overtime. 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. The 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. 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. Annual Planning Meetings. Two months pdor 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, sacudty, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibits A1 and A2 need to be revised by the Parks Director and Commission. If revised, new Exhibits A1 and A2 will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. 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 the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incun'ed and Direct Costs are paid, the deposit will be retumed to the Commission within 30 days after the Event. 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 Park and Recreation City of Corpus Christi P.O. Box 9277 Corpus Chdsti, TX 78469-9277 (361) 880-3461 If to Commission: Executive Director The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Chdsti, TX 78401-0404 (361) 884-8331 or 882-3242 H:/LEG-DIR~Lisa~1800\B~cDays.20O5.Shc~..Term. Lease March 7 2005 doc Page 5 of 14 11. 12. 13. 14. 15. 16. FAX(361)880-3864 FAX (361) 882-5735 Temporary Street Closures. 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, 2005. 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. 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 A1 and A2). In addition, the Commission will provide no more than 5 parking passes for City personnel scheduled to work dudng the actual Event and related activities. 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/1:acilities 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 altemate street access. The Commission must pay the cost of additional signage. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's pdor 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 pdor to being installed. Rest Rooms, Ddnking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and ddnking 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. 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, camival ddes, stages, bleachers, and any other H:\LEG-DIR%isa/1800\BL~Days.2OO5.Sh~r~ Term. Lease. March 7 2005 doc Page 6 of 14 17. 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 pedod each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attomey will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all 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 wdtten request. Said insurance must not be canceled, non-renewed or materially changed without 30 days pdor written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months wdtten notice to Commission. Indemnity: Commission shall indemnify and hold City, its officers, agents and employees ("lndemnitees") 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 any damage or injury may be incident to, adse 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 ("lndemnitors") entedng 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 Festival 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 adse 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 when the injury or damage adse 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 Indemnitors in administering 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 Indemnitees' actions are directly related to the Page 7 of 14 18. 19. 20. 21. Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. 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. Safety Hazards. The Commission, upon wdtten 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 wdtten notice of safety hazards. 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. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the pdor wdtten 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. 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. 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 permits 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 Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 21.1. Parade Vendors Page 8 of 14 A. The 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 pedods: (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, dudng 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 refen'ed to in this section as "Parade Events." B. The Commission shall have the dght to determine permit fees for parade vendors who desire to sell items at the Commission's Parade Events. C. The 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, and Chapter 38 of the City Code of Ordinances, copy, attached, as may be amended by the City Council. D. The Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly stdng, 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. The Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. G. The 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 specific location which has been reviewed and approved in wdting 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, and the Director of Solid Waste or designee. H. Stationary vending booths at City-approved locations may be placed no eadier than 36 hours pdor to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. I. 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. Page 9 of 14 J. 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. K. Commission shall obtain all necessary permits prior to the placement of vending booths at City-approved locations. L. No alcoholic beverages may be sold by a parade vendor. M. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be houdy 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. 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 less 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 pmpedy 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 dudng and after the Event. If the Parks Director determines that additional clean up is necessary, she 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 rein 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 pdor wdtten assurances that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in wdting. 24. Temporary Buildings. Commission must receive prior wdtten 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 H ~EG-DIR~I Isa/1 ~OO\BLmDay~.L~35.Shor[.Term. Laase March 7 2005.cloc Page 10 of 14 25. 26. 27. 28. 29. placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. 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. 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). Dispute Resolution. City and the Commission agree that any disputes which may arise between them conceming 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 dght 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 wdtten notice of appeal to the City Secretary within ten (10) days after the wdtten 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. Fire Lanes. Commission's Agent must at all times during the Event and the non-exclusive use period, maintain fire lanes upon the Premises as may be designated by City Fire Chief. The fire lanes must be kept clear of all obstructions. Commission must, at all times it is in exclusive use of the Premises, provide ddveway access for trucks and emergency equipment to the service entrance of the Coliseum by keeping the driveways open and unoccupied by structures or automotive equipment. 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 pdor written consent of the City. H:~EG-DIR~_Isa/1800\BucDays.2095 Short. T~Tn. Lease. March 7 2005 cloc Page 11 of 14 30. 31, 32. 33, 34. 35, 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 pdor 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. 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. 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 dght of Commission to uso public property for the limited purpose described herein. 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. 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. 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. Page 12 of 14 36. Fence. Commission may provide a temporary six-foot (6') chain link fence, with gates for access, as shown on Exhibits A1 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 A1 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 A1 and A2 will be filed with the City Secretary and supersede the existing Exhibits A1 and A2. The new Exhibits A1 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 Secudty Officers dudng the Event, and after the Event closes each night until it opens the next day. Commission will assign the Secudty Officers duties. Secudty Officer means sworn peace officers directly paid by Commission. Provided, however, that the Police Chief may determine that a secudty guard service will provide adequate secudty for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officeY' will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, he 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. Executed in Duplicate Originals on ~ ~ I ~ ,2005. A'CrEST: By: /7 Armando Chapa (' .) City Secretary By: CITY ~= _CORPUS CHRISTI City//M a~Age r H/LEG-DIR~Lis=a\1800\BccDays.2005 Sh(~t. Terrn. Lease. March 7 2005 doc Page 13 of 14 Legal form approved on March 2,2005 By: ~ ,~ .~---~,,~,.-.C~._~ Lisa Ag~lar /F} Assistant City A't~omey for City Attomey THE B~OMMISSIOt~IC~ Date:EXecutive D~/~.h..~ ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on~'/~u/~"~/~ /~ ,2005 by Barry Box, Executive Officer for The Buccaneer Co'mr~s§ion, Inc., a Texas non-profit corporation, on behaff of The Buccaneer Commissi.~, .~3¢~ Page 14 of 14 EXHIBIT B THE BUCCANEER COMMISSION 200S Lease Agreement Memorial Coliseum Parking Lots for Carnival Event and Cin¢o De Mayo Event NON-EXCLUSIVE Apd114, 2005 through April 16, 2005 And also May 6, 2005 EXCLUSIVE April 17, 2005 through May 5, 2005 Arena Area for B-B.Q Challenge NON-EXCLUSIVE EXCLUSIVE Apdl 7, 2005 through Apd112, 2005 Apd113, 2005 through Apd116, 2005 And also April 17 and April 18, and April 19, 2005 PARK AVE. · · · · ·