HomeMy WebLinkAboutC2006-155 - 4/19/2006 - NA
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BUC DAYS SHORT TERM 2006 LEASE AGREEMENT
State of Texas 9
County of Nueces 9
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 (under separate
agreement with the Port of Corpus Christi Authority) in the Port of Corpus Christi
Authority parking lot at Whataburger Field Premises; 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 A 1 and A2.
k. Projects - Seawall repairs and renovations. The Projects will affect parking,
streets and Premises identified in this Lease.
2006-155
04/19/0h
JcDays ..i( jb.S'io:t fermLease
Buccaneer Commission
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I. Risk Manager. means the City's Director of Risk Management or designee.
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) of the Arena Area (Exhibit A1) and (under separate agreement with the
Port of Corpus Christi Authority) the Port of Corpus Christi Authority parking lot at
Whataburger Field Premises (Exhibit A2) for a total period of twenty-nine (29)
consecutive days and to the exclusive use of said Arena Area for a period of up to four
(4) days and said Port of Corpus Christi Authority Parking Lot Premises for a period of
up to twenty (20) days within the twenty-nine (29) day period, all during the month of
either April or May 2006: provided, however, that the Commission may terminate this
Lease Agreement by giving written notice of cancellation at least three (3) months prior
to the first day of the twenty-nine (29) day use period. The use period is fully described
in Exhibit B incorporated and attached hereto. The City Manager may authorize
amendment to Exhibit B for the year 2006
3. 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 A 1, on April 12 through April 24,2006:
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 'io~th 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, (the "Arena Area")
B. For the Buc Days Carnival, Exhibit A2, from April 23 through May 12,2006:
'eIilt (under separate agreement with the Port of Corpus Christi Authority) the
Port of Corpus Christi Authority parking lot east of Whataburger Field ("Port
Parking Lot Premises" .
C. For the Buc Days Lighted Parade on May 6 2006: Parade begins at Buc
Stadium, goes down Leopard to Schatzel; turns left off Shatzel, goes north on
southbound Shoreline Blvd past Federal Courthouse to Power St.; turns left on
Power to Mesquite; turns right on Mesquite to Brewster; turns left on Brewster to
Sam Rankin St. Parade ends at Brewster and Sam Rankin St. Breakup area is in
the Brewster, Sam Rankin & Port Ave area. Street closure and parade permits
must be obtained as required in Sections 11 and 21 below.
D. For the Junior Parade on April 29 . 2006:: In front of American Bank Center
Arena, down southbound Shoreline Blvd to Power St, turn right on Power to
Mesquite: turn right on Mesquite to Brewster: turn left on Brewster to Sam Rankin
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St. Parade ends at Brewster and Sam Rankin St. Breakup area is in the
Brewster, Sam Rankin & Port Ave area. Street closure and parade permits must
be obtained as required in Sections 11 and 21 below
E. Landscaped areas within the Premises must be protected during the Event.
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 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
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 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. 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
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
Commission'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
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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 2006 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 and the following ~''0 of police overtime costs:
2007 60%
2008 70%,
2009 80%
2010 90%)
2011 100%
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.
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
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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 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.
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:
If to Commission:
Director of Parks and Recreation
City of Corpus Christl
P.O Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
FAX (361) 880-3864
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 0, attached). The street closure process
will govern any necessary street closures. Commission must provide the City Traffic
Enlineer 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, 2006. 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.
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 A1 and A2). In addition, the Commission
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witl 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.
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 Citys 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
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
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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 (ltlndemnitees") 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, 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 (ltlndemnitors'? 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
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 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
when the injury or damage 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 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 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
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A,reement, 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 punch list 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 punch list 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. 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 C~hildren'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 shall notify the
Parks Director of any special conditions imposed by any permitting agency.
21.1. Parade Vendors
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:
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(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;
Oi) 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, 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.
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.
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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.
(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 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.
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.
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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
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
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)
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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
Nill 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
keeping 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
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
C [,),!eG .'FARK&REC 7"[)eCla! E'innt,
4CH BucDa ;fi ~-r;( rl T erm Lease c:>
Page 13 of 23
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 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 A 1 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 A 1 and A2 are
revised new Exhibits A 1 and A2 will be filed with the City Secretary and supersede the
existing Exhibits A 1 and A2. The new Exhibits A 1 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
Event, 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
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.
" :Jcvle ( PARK&RE(7 Specla.E,enls '.'b t04[ BucDays. 3rY1 Term Lease do!
Page 14 of 23
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.
C\!Dov'e U:'Jh<FARK&REC 7\Spec,a, Evpctc 0'<)4D' BucD,,,,s 2"('6 Sher Term Lease ,coo:
Page 15 of 23
Executed in Duplicate Originals on "
I', 'L
yf l//t.C./~ ' C
I
,2006,
ATTEST:
F CORPUS CHRISTI
/
/~~y1v
I i /r Jr"v'~./-~
v __~__
Armando Chapa ' .
City Secretary
~o~ Approved 4 April 2006
DO'/ .. ..... urtis ----
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS s
COUNTY OF NUECES s .,-
This instrument was acknowledged before me on rID: L { (1 I 2006, by
George K Noe, City Man~er of the City of Corpus Ch~ a Texas home-rule
Municipal Q6rporation, 0 half 9J the corporation.
I
'JvlctJ.. . \;-t 'L {~ _____~ r-~-~
Notary Public, State of Texas ;i, R",,-J v~_ COnrlle p
I ~ "ip..;~ ~ arks
i ~ "'~ ~ My CommlSSIO
Pr,'nted Name.' Il_~OF1~ Novemb n EXPires
______, _____________ ~--"'=__erOg, 2007
Seal:
Expiration Date _~ _____
C'.,Dovle,iJjifPARK&REC 7'~;peCla Even!s ih "..;,)4D BucDavs 20[,," Slle' prm Lease
:~~~~~IN~
B~~~ /
ExecutiV. e Directoln _
Date: _ t/-; %-. - J=6------
ACKNOWLEDGMENT
Page 16 of 23
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on B ~:Jf '\ \ \ ~~fu , 2006 by
Barry Box, Executive Officer for The Buccaneer Commi Slon, Inc., a Texas non-profit
corporation, on behalf of The Buccaneer Commission, Inc.
---r" - '
-- N1~~ ~~~~~'t-\ ofTexas '-~
.f-., - . .
Printed Name:j_~!~1 )~_":)\ l-clllnn I~l- \ \ id
Seal-
Expiration Date_1/(/ ItA / (__
c-\: DC>,de.O-', :]f."-FA.RK&REC ,7',~.lpeClal Events\f}t) U,:i,:,4D. BucDa/s 2'()6.5h("t Term Lease no.:
Page 17 of 23
EXHIBIT B
THE BUCCANEER COMMISSION
2006 Lease Agreement
Event Locations, Dates & Summary
Port of Corpus Christi Authority parking lot east of Whataburger Field
for Carnival
NON-EXCLUSIVE
EXCLUSIVE
April 23, 2006 through April 25, 2006
& May 8,2006 through May 12, 2006
April 26, 2006 through May 7 2006
Arena Area for B-B-Q Challenge
NON-EXCLUSIVE
EXCLUSIVE
April 12. 2006 through April 18, 2006
& April 23 through April 24. 2006
April 19, 2006 through April 22, 2006
C Uo/le C' Ii PARK&REC 7 Special Ev"!nt..; 6 '! ID4D BLcDays L ))6 S'," :e.mLeaselcc
Page 18 of 23
BUC DAYS EVENTS 2006
BBQ Challenge:
· Set-up dates needed -
1. Site fencing will go up - Wednesday, Thursday & Friday, April 12-14
Friday is "Good Friday"
2. All major Street Fencing Gates will remain open, Wed, Thurs, Fri,
April 12-14. On Saturday, April 15th, gates will be secured at 8 am.
3. Site tear-down will begin Sunday, April 23rd through Monday, April
24th
On Monday, April 24th at 5 pm, the gates will be reopened to traffic.
. Actual Event Dates - April 19th through 22nd
· Hours - 5 pm to midnight during weekdays, Noon to midnight on Saturday
· Street Closures - Begin at 8 am on Saturday, April 15th to Monday, April
24th at 5 pm; same streets as 2005 contract.
· Area needed - from Shoreline Blvd, Power St, to Art Museum of South
Texas, involves Power, Palo Alto, Fitzgerald, Resaca, Barge Dock, Water
Street as in 2005.
C : OO'/Ier' (ih,PARK&REC .'1 SpeCial Eventslr6lU4Cr: 8IJcDays < 006 Shl" I erm Le~sp
Page 19 of 23
Buc Days Rodeo:
· Runs same time as BBQ Challenge in American Bank Center Arena
· Would like to use area between Mesquite and Broadway, Fitzgerald and
Hughes for Cowboy Holding Area as in 2005. Land is controlled by Park &
Rec.
Buc Days Cowboy Breakfast:
· Saturday, April 22, 7 am to 11 am
· Will be held in back parking lot of American Bank Center, directly behind
arena
· Plans approved by Mark Solis of American Bank Center
· Set-up will occur Friday, April 21, 2006.
· Tear-down will begin immediately upon conclusion of event at 11 am, April
22nd.
C\(Dovle03Jf, P.ARK&REC 27\Soecial EvemsDf; 04U40C BucDays2C;06 ShO,1 Term.Lease doc
Page 20 of 23
Buc Days Rodeo 5K & 1 Mile Run:
· Runs in conjunction with Cowboy Breakfast, Saturday, April 22, 7 am to 11
am
· Plans approved by Mark Solis of American Bank Center
· Runners will begin inside American Bank Center Arena, run through back
door of Arena along a certified 5K course to be determined. Route will end
with runners going through BBQ entrance on Shoreline Blvd to Resaca
Street, turning back down Resaca to Cowboy Breakfast Area.
· Street closures will be coordinated with City of CC Departments, CCPD.
Buc Days Music & Fireworks: Tentative April 20' 2006
· In conjunction with dunking of Mayor at 10 pm.
C'(Deyle U (;jPARK&REC 2TSpeCI31 Events 06 U404DI. BucDays ;006 Sh<Y1 Term.Leasedoc
Page 21 of 23
Buc Days Carnival:
. Dates - April 26 to May 7th
· Site - Port of CC Parking Lot, east of Whataburger Field
· This plan was coordinated with Port of CC and CC Hooks
Buc Days Junior Parade:
· Saturday, April 29, 11 am
· Parade will stage in front of American Bank Center Arena
· Event plans developed with CCPD and Traffic Engineering
· Plans approved by Mark Solis, American Bank Center
· Route: In front of American Bank Center Arena, down southbound
Shoreline Blvd to Power St, turning right on Power to Mesquite, turning
right on Mesquite to Brewster, turning left on Brewster to Port Area.
Parade will end at Heritage Park area.
· Streets will be closed to parking
C\, Oo<le.03 Y..P4RK&REC IT'Speciai Events\J6 lH040' BucOavs 2'}06Shor1 Term Lease doc
Page 22 of 23
Buc Days Illuminated Night Parade:
· Date - Saturday, May 6th, 8 pm
· Event plans developed and cleared with CCPD and Traffic Engineering
· Route: Parade begins at Buc Stadium, proceeds down Leopard, to
Schatzel turning left off Shatzel, goes north on southbound Shoreline Blvd
past Federal Courthouse to Power St.; turns left on Power to Mesquite,
turns right on Mesquite to Brewster, turning left on Brewster to Sam Rankin
St.. Parade ends at Brewster and Sam Rankin; breakup area is in the
Brewster, Sam Rankin & Port Ave area.
· Approved by Marc Solis of American Bank Center
Vending/Permitting Rights for Parades/Fireworks
· Buccaneer Commission retains control of all Buc Days event
permitting/vending
Control of Parade Route Spaces:
Discussed with City Manager Skip Noe. The Buccaneer Commission will become
responsible for city-owned right of way from Schatzel! Street down Shoreline
Blvd to American Bank Center, Power Street to Mesquite to Brewster to Port Ave.
Buccaneer Commission will have authority to permit spaces along that portion
of parade route.
Buccaneer Commission reserves right to use third party non-profits to control
seating, etc.
c: DClle.O',>~:ARK&REC n:.special E\entsCi6'::,104D BucDavs L006Shor' Term.Lease doc
Page 23 of 23
EXHIBIT .h
Cowboy Parking For Buc Days Pro Rodeo
April 18 through April 23, 2006
The areas listed below that are controlled by SMG as the General Manager of American
Bank Center are included in the lease to the Buccaneer Commission:
· Fitzgerald 5t. lot bounded by Chaparral and Mesquite 5t.
· Corner lot at Resaca at Mesquite 5t
· Back of lot bounded by Resaca 5t, Fitzgerald, N. Broadway and Mesquite
· Back corner lot bounded by N. Broadway and Resaca 51.
· Areas along N. Broadway
Map attached.
The Buc Commission has already received TXDOT approval to use areas by
Harbor Bridge for parking.
C:'iDc,yleO: JhPARK&REC 27\SDecial bents'(!6()'104D:: BucDays2J06 Sher' Term,Lease doc
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Page 1 of 1
Doyle Curtis - Fwd: Re: Estimate of expenses for Sue Days, 2006
From:
To:
Date:
Subject:
'_;hris Kallas
Curtis, Doyle
Monday, April 10, 20063:55:48 PM
Fwd: Re: Estimate of expenses for Buc Days, 2006
Police
r:::-;obert MacDonald 04/07/06 8:34 AM >>"",
J It;; ~arnival Figure is around 37,000.00
The crosswalk is difficult to figure since there are two locations and I may have to put them out longer.
.-A safe fi~lJre would be $16,000.00 for the crosswalks.
>>> Chris Semtnar 04/06/06 3:59 PM >>>
Bob,
We had two billings last year because the PD did not have the amounts until July. Attached is PD OT amount for the carnival.
Chris S.
>>> Chris Kallas 04/05/06 8:58 AM >>>
The Carnival dates are April 26 through May 7, 2006. I don't know the billing answer because I did not do this last year. As you can see I am
forwarding this e-mail to Chris Semtner who did do the billing and I am sure he has your answer to the billing question.
>>> Robert MacDonald 04/05/06 8:26 AM >>>
What are the carnival dates? Did the department bill for 505 of the parade under separate invoice
>>> Chris Kallas 04/04/06 12:32 PM >>>
I have attached last year's expense estimates Are your estimated expenses the same for this year? I urgently need to hear from you on this
issue. please let me know today what you are estimating for this year.
Chris Kallas
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Page 1 of 1
Doyle Curtis - Fwd: Estimate of expenses for Buc Days, 2006
From:
To:
Date:
Subject:
Chns Kallas
!::urtis, Doyle
fvlonday, April 10, 2006 355:08 PM
Fwd: Estimate of expenses for Bue Days. 2006
OK at lasl here is the last cost estimate for Bue Days. The others will follow. Chris
>>> Edgar Leonard 04/10/06 3:50 PM >>>
Chris, the estimate for Storm Water Department's services for 2006 Buc Day celebrations is approximately $2626.00. By agreement and as
- customary in prior years, the cost will be sr;tar d equally by Storm Water Department and Buc Day Commission. As such Buck Day
Commission's share of the cost is $1313.00. his is a current working estimate so the actual charge may deviate from estimate. Services
~ include labor and equipment for removing eris from inlets along parade route(s), transporting debris to landfill, along with dumping debris at
landfill
>>> Chris Semtner 04/04/0612:50 PM >>>
We will be holding you to your estimates, so make sure that they are firm. They should have the approximate amount of services and the cost
for those assumptions. If something else is requested above your estimate or outside of your assumptions than Buc Days will be billed the
additional amount. If an additional service is provided it should be approved beforehand by the Buc Days staff. Please have the estimates to
Chris Kallas by Friday morning.
Thanks, Chris
>>> Chris Kallas 04/04/0612:32 PM >>>
I have attached last year's expense estimates. Are your estimated expenses the same for this year? I urgently need to hear from you on this
issue. please let me know today what you are estimating for this year.
Chris Kallas
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From:
To:
Date:
Subject:
:::hris Kallas
Curtis, Doyle
Monday, April 10, 2006 3:59:22 PM
Re: Fwd:NB 88 & ~ D,<- r s
Ok
>>> Ray Curran 04/05/06 9:46 AM >>>
I need the route of the parades to figure how large an area we have to clean. Last year is artifically low because the route was very short. We
only cleaned City Hall and along Broadway Bluff. We worked 3.5 hours on the night parade. If it goes all the way to Whatburger Field and I
have to have crews work City Hall and then through downtown and along Mesquite Street, then the cost in time will be much higher. Right now
on what I know I would say $3,500.
>>> Chris Kallas 04/05/068:53 AM >>>
~s your estimate of expenses for Buccaneer Days? Last year you fee was about $1,554.00. What do you estimate for this year?
Do you have an estimate of the cost for the electrical usage for Velocity Games?
Chris Kallas
>>> Ray Curran 04/06/06 7:29 AM >>>
Velocity Games, we have charged them for electricity in the past. I told them that we would take a meter reading the day before they start the
event and a read the morning after. They are thinking of running power across the road from our power panel in McCaughan Park.
>>> Sally Gavlik 04/04/06 4:48 PM >>>
From now on we need to ask these groups to Include us as a sponsor.
>>> Chris Semtner 4/4/20064:46 PM >>>
Chris.
Do you know if Bayfest or Buc Days lists us as a sponsor. We support them by only charging 50% of the police overtime and none of our
indirect costs. Velocity Games doesn't get charged for renting the beach or using the park or the water in the park. Do they use the electricity
for free? They all should be including us (at least the City of CC if not the department) as a sponsor.
Chris
>>> Chris Kallas 04/04/064:42 PM >>>
We could if you want to do that but it may mean that they want us to pay all the bills or do everything free.
>>> Sally Gavlik 04/04/06 4:40 PM >>>
Does the City get included as a co-sponsor?
>>> Chris Kallas 414/2006 4:39 PM >>>
FYI
>>> Tom Criser < TomC@ybtex.com > 04/04/06 1:49 PM >>>
Here is an exxcelltnt opportunity to invest into the Velocity Games banner or Program sponsorships. Banners are $350 for 8x3 or $250 for a
6x2. Program sponsorships are $1,000 full page, $650 half page, $350 Quarter page, and $150 business card. The VG 2006 is held on
Memorial Day weekend and in the past had about 20,000 spectators with tons of publicity. 10,000 programs will be printed by Kiteboarding
Magazine which is a superior quality International Magazine. Our deadline for ads in the program is April 14th. Let your friends and business
network know Thanks, Tom
Tom Cnser
Vice President/Business Development Officer
PH# 1-361-866-7732
FX# 1-361-866-7791
Web tlttp:l/\f1.IWVvValueBankT exas.com
e-mail TomC@Vb~x.com
"Value Equals Worth"
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Page 1 of 1
Doyle Curtis - Fwd: Re: Suc item
From:
To:
Date:
Subject:
CC:
~hns Kallas
Curtis, Doyle
Monday, April 10, 200b 4 12:~Y PVl
Fwd: Re: Bue Item
C,avlik, Sallv Semtner, Chns Valadez OrtlL Gustava
---
) this IS the last estimate That should be tour departments, Stormwater, Solid Waste, Parks and Recreation and Police, We don't nee~gan
estimate like we discussed from the Fire Department because I was told by two folks there that they only charge $75 once, not for every tent.
--Buc Days folks are happy about that Chris k alias
>>> Chris Semtner 04'05,06 520 PM >> '
Thanks, Lawrence
>>> Chris Kallas 04/05/068:43 AM >>>
OK.. thank you for getting back to 'l1e so qUiCr Iy Chris Kallas
-"
>>> Lawrence Mikolajczyk 04/05/06 8:33 AM >>>
We have a cap of $7,561.65 that we can~harge, this is what we will submit, hope it helps if not let me know, thanks,
--cawrence Mikolajczyk
Assistant Director
Solid Waste Services
361.857.1970
LqWID~ete~~m
"All-America City"
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ESTIMATE
April 11. 2006
Mr. Barry Box, Executive Director
Buccaneer Commission
po. Box 30404
Corpus Christi, TX 78463-0404
Dear Mr Box
Here is the estimated costs for the 2006 Buccaneer Days events beginning April 19
through May 7, 2006
Park and Recreation (credit account 343697-1020-12910)
Police -
Carnival costs
Parade costs
$ 3,500.00
$ 37,000.00
$ 16,000.00
Solid Waste & Street Services
(credit account 309300-1020-1251 Q)
(credit account 344120-1020-12320)
$ 7,561.65
Storm Water (credit account 36005-4010-32010)
TOTAL COSTS
$ 1,313.00
$ 65,374.65
Less deposit:
ESTIMA TED COSTS DUE FOR CITY SERVICES:
($ 2,000.00)
$ 63.374.65
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