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Home My WebLink AboutC2006-206 - 5/10/2006 - NA Page 1 of 11 Lease for 2006 Velocity Games Velocity Games, Inc. State of Texas Know All By These Presents: County of Nueces This Lease is entered into between the City of Corpus Christi ("City'), a Texas home- rule municipal corporation, acting through its duly designated City Manager, and Velocity Games, Inc., ':1 Texas non-profit corporation, qualified as a 501(c)(3) organizatIon under 26 U S.C Section 501(c)(3), ("Lessee") acting through its duly designated Agent to produce the Velocity Games. and in consideration of the covenants contained In this document 1 Definitions. a Lease means this document Including all attachments and exhibits that are referred to In this document b City means the City of Corpus Christi. a Texas home-rule municipality. c Lessee means VelOCity Games. Inc., a Texas non-profit corporation, qualified as a 501Ic)(3) organization under 26 US.C Section 501(c)(3). d Event or the Event means Velocity Games 2006 and related activities sponsored by Lessee. e Premises means the site for the Event, more fully described on the attached Exhibit A1. (The Event Layout Diagram is attached as Exhibit A2.) f City Manager means the City's City Manager or his designee. 9 Parks Director means the City's Director of Parks and Recreation or his designee h City Traffic Engineer means the City's Traffic Engineer or his designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer. or his designee for the Event, as shown in the attached Exhibit B. J Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. City Attorney means the City's Attorney or designee 2, Term. ThiS Lease IS for a term of ten (10) days, commencing on May 22,2006 and ending on Mav 31. ~)006 Lessee will be entitled to exclusive use of the Premises 2006-206 OS/10/06 \ donh Gamt" Page 2 of 11 tor a period of four (4) days from 6 00 A.M. on May 26,2006 through midnight on May 29, 2006 and non-exclusive use of the Premises for the purposes of set-up and take- down from May 22 200f3 through May 26,2006 at 5:59 A.M and from May 30,2006 through May 31. 2006 3. Premises. City grants to Lessee the privilege of using the City property described on the attached Exhibit A1 to conduct the Event. The property is generally described as follows. a. McCaughan Park, etc.: (1 ) The City property (referred to generally as McCaughan Park) bounded on the west by West Shoreline Blvd., on the east by East Shoreline Blvd. ("ESB"), on the north by Park Ave. ("PA"), and on the south by Furman Ave, C'FA"); (2) including for use by Lessee the paved portion of ESB from FA to PA (Lessee must at all times keep an unobstructed pavement corridor at least eighteen (18) feet wide on the east side of ESB from FA to PA for emergency vehicle use): (3) including for public access to and parking for the Event with secunty control by Lessee, as shown on Exhibit B, the portion of ESB from PA to Cooper's Alley (Lessee must at all times keep an unobstructed pavement corridor at least eighteen (18) feet wide on the west side of this portion of ESB for emergency vehicle use; and (4) oecause of the Seawall reconstruction project during the 2006 Event. use of the east one half of the paved portion of Shoreline Blvd. ("E1/2SB") from north of the north eXit of Holiday Inn (Emerald Beach) north of Buford St. (NEHIBS ) to Furman Ave. (FA) for controlling pedestrian access to McGee Beach (Lessee must at all times keep an unobstructed pavement corridor at least eighteen (181 feet wide on the east side of E1/2SB from NEHIBS to FA for emergency vehicle use, b. McGee Beach: Because of the Seawall reconstruction project, use of McGee Beach for the 2006 Event will be limited to the beach in the area between Buford St. and Furman Ave. (approximately 400 linear feet of beach). Lessee must at all times keep the Seawall Walkway free of obstructions and must keep spectators off the breakwaters, No specific area of the bay will be reserved and the City will not furnish boat patrol of the bay Lessee shall furnish motorboat water rescue patrol, with safety personnel on the boat. dUring the Event; and c. Parking Lots. 1) The parking lot bounded on the south by Park Ave. and adjacent to the north side of McCaughan Park, bounded on the west by West Shoreline Blvd, and on the east by East Shoreline Blvd,: and (2) the Memorial Coliseum parking lot bounded on the west by West Shoreline Blvd., on the east by East Shoreline Blvd on the north by Kinney St.. and on the south by Park Ave. 4. Premises Revisions. Activities by Lessee will be limited to the above described Premises If Lessee wishes to use any additional City-owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or other structures or apparatuses may be placed by Lessee on the grass or shrub-covered areas of the Premises except as provided by the site plan and Event ,.'Ie "ARK,~RE ",eCj ,~'np Page 3 of 11 Layout Diagram In the attached Exhibits A1 and A2, respectively, without prior written approval from the Parks Director. If Exhibit A1 or Exhibit A2 IS revised, a new Exhibit will be filed with the City Secretary and Parks Director and supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram. Lessee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. The diagram will be attached as Exhibit A2. Layout of the Event is subject to the approval of the Parks Director 6. Special Event Fee. Lessee must pay City a one-time Parks and Recreation Special Event Permit fee of $50.00 and a one-time application fee of $200.00 for temporary street closure permit for large event approved by the City Council. 7. Payment of City Costs. In consideration for use of City property Lessee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department the Traffic Engineering Department, and the Police Department. The City will InVOice Lessee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Lessee. the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days a. Costs. City's C~osts in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost {)f repair 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b. below. 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. Lessee will pay City s Costs if any. as billed within 30 days after City tenders inVOice to Lessee b. Notice of Costs. For planning purposes only, attached as Exhibit Care 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 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 D. Notwithstanding the cost shown in "",;:-:;Vie P!\RK&Rf o:,ec ~ en' jo:: Page 4 of 11 Exhibit D, 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 D. 8. Deposit. Lessee must pay a deposit of $2,500.00 upon execution of this Lease, by cashier's check made payable to the City. The deposit will be used to reimburse the City for any costs incurred related to the Event. If the costs incurred are less than the deposit the difference will be returned to Lessee within 30 days after the Event. 9. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christl P.O. Box 9277 Corpus Christi, TX 78469-9277 361) 880-3461 FAX (361) 880-3864 e-mail SallyG@cctexas.Gom e-mail ChrisK@cctexas.com If to Lessee: Tom Cnser. Chairman. 2006 Velocity Games Velocity Games, Inc. C/O Value Bank Texas 3649 Leopard Street; Corpus Christi, TX 79408 (361 ) 866-7732 FAX (361) 866-7791 TomC@vbtex.com 10.Parking. Lessee will provide parking and signage for people with disabilities in close proximity to the Event entrance and defined on the Premises map (Exhibit A1) and Event Layout Diagram (Exhibit A2).. In addition, Lessee will provide parking passes for City personnel scheduled to work dunng the actual Event. 11. Barricades, Traffic Signs, Security. Lessee 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. as shown in the Traffic Control Plan (Exhibit B). Lessee must provide uniformed Security Officers for the Event assigned functions during set up and take down of the Event, during the Event and after the Event closes each night until it opens the next day. City will provide crowd control and traffic control for the Event as the Police Chief determines IS necessary and include costs of Police Officers as described In Section 7 above 12. Signage and Advertising. Slgnage and advertising proposed for the Event must receive the Parks Director's pnor written approval. Lessee'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. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Lessee must pay the cost of additional signage. .,-,2 ;CL,RK&RE he..'! Page 5 of 11 13. Rest rooms, Drinking Water and First Aid. Lessee 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. Throughout the duration of the Event Lessee shall also provide the following: (1) A readily identifiable first aid station with two certified paramedics. (2) an emergency beach vehicle [four wheel drive Gator' i and (31 motorboat water rescue patrol. with safety personnel on the boat. 14.lnsurance. Lessee must furnish to the Risk Manager proof of Commercial General liability Insurance for the length of the Event and its related activities protecting against liability to the public The insurance must comply with the requirements of the City's Risk Manager as shown in the attached Exhibit E. The City must be named as an Additional Insured on all liability policies. Lessee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit E to the City's Risk Manager two (2) weeks prior to the non-exclusive use period Lessee must require all volunteers to sign an accident waiver form that Lessee must keep on file. This form must be submitted to the City Attorney for approval. In the event !)f accidents of any kind Lessee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties In addition Lessee must provide copies of all insurance policies to the City Risk Manager upon City Managers written request. This insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Parks Director 15. Indemnity. Lessee 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 that 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 Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Lessee, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or C'/\RK&RE ,. e" Page 6 of 11 when any injury or damage may in any other way arise from or out of the improvements located on the Premises described in this Lease or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if that damage or injury results from gross negligence or willful misconduct of the Indemnitees. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. 16. Safety Hazards. Lessee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. 17.Damages to City Property. Parks Director will provide to Lessee a list of damages to City property within two (2) days after the close of the Event. Lessee will restore all Items on the list within three (3) days after receipt of the list. If Lessee fails to restore all Items on the list, Parks Director may do so and invoice Lessee for Costs, as set out In Section 7 abo\/e Lessee or its agent must fill and compact all holes in grassy areas made by Lessee 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 Lessee or Its agent until no subsidence occurs 18. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes In the pavement, curbs or sidewalks or seawall requires the prior written approval of the City's Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 19. Permits. Lessee 'l1ust obtain and pay for all permits necessary to comply with City. State, and Federal laws and give a copy of each permit to the Parks Director. In particular Lessee must obtain a Regatta Permit from the Coast Guard to use the waterways for its Events. Lessee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks and Recreation Department. if alcohol will be sold at the Event. Lessee must notify the Parks Director of any special conditions imposed by any permitting agency. Lessee must require all vendors to obtain and comply with appropriate permits from the City-County Health Department for sale of foods and protection of the public welfare. vie "ARK&RE E~ E'l"- f 'l'ne Joe Page 7 of 11 20.Cleanup. Lessee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Lessee 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 Lessee and taken to a location designated by Lessee If there are any storm water inlets anywhere within the Premises, Lessee must install screens, approved by Stormwater-Utility Division. across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Lessee must remove the screens after the close of the Event However. Lessee 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. 21.Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the non-exclusive use period in Section 7. Construction that causes damages will only be allowed if Lessee provides the Parks Director prior written assurances that Lessee will remedy said damages in accordance with Section 17 above. 22. Temporary Buildings. All temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non-exclusive use time period. 23. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical plumbing, tents, and structures) inspected. It is the responsibility of Lessee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins City authorizes Lessee to access and temporarily modify City's existing electric service distribution center In McCaughan Park in order to distribute electric service to Premises Lessee, at Lessee's sole expense, shall remove the modifications within ten ! 10) days after the Event. Modifications shall comply with Section 19. Permits of this Lease Lessee shall reimburse City (under Section 7 of this Lease) for electric service consumed during the Term of thiS Lease. 24. Permissible Vendor Location Markings. No paint or semi-permanent marking will be permitted that in any way obliterates or defaces 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) PARK&RE '"-,;::or,, er I!- ~ -~'~, Joe Page 8 of 11 25. Dispute Resolution City and Lessee agree that any disputes that may arise between them concerning this Lease. such as determining the amount of damage to City property related to the Event, will be submitted for determination and resolution, first to the Parks Director, with a nght 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 10 days after the written decision of the City Manager has been sent to Lessee. In the event of an appeal, the decision of the City Council will be final. This Lease in no way waives Lessee's rights t.o seek other legal remedies during the appeals process. 26. Fire Lanes. Lessee must at all times, during the Event and the non-exclusive use penod. 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. 27.Assignment. Lessee may not assign or transfer this Lease or sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 28. Termination. Any failure on the part of Lessee to perform any of the covenants contained in this Lease. or any breach of any covenant or condition by Lessee entitles City to terminate this Lease without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Lessee shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Lessee and those sums inure to the benefit of City as a set-off against any debt or liability of Lessee to City otherwise accrued by breach of this Lease 29. Right of Lessee to Use Public Property and Streets. Lessee acknowledges that the control and use of public property and 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 and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval of the City Council as reqUired by City Charter and ordinance and the compliance by Lessee witt1 the terms and conditions contained within this Lease. 30. 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 Lessee by the City are compensation for proviSion of City services as described herein and for the right of Lessee to use public property for the limited purpose described in this Lease. 31. Compliance with Laws. Lessee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act. all at Lessee's sole expense and cost C i Doyie I PARt<&REC .,e SpeCial E. en" If, Qg[ Velcc", Wle: doc Page 9 of 11 32. Non-discrimination. Lessee warrants that it is 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. 33. Security. Lessee must provide uniformed Security Officers during set up and take down of the Event. during the Event, and after the Event closes each night until it opens the next day. Lessee will assign these Security Officers to certain tasks. These Security Officers must be off duty City police officers that are paid directly by Lessee; provided however. the Police Chief may determine that a security guard service will be adequate for the Event If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off-site traffic control The Police Officers will be assigned duty stations by the Police Chief, or his designee Lessee shall pay to City the cost for these services as provided in Section 7 above 34. Cancellation of Event. City Manager, or his designee. reserves the right, at all times and in his sole discretion to cancel the Event if cancellation is necessary to protect the public healtr., safety. or welfare. If the Event is cancelled under this section, Lessee relieves City from all liability that may result from the premature closing of the Event 35. Entire Lease. ThiS Lease and the attachments and exhibits referred to in this Lease constitute the entire Lease between the City and Lessee for the use of the Premises for the Event All other Leases, promises, and representations, unless contained in this Lease. are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and the attachments and exhibits referred to in thiS Lease. of the terms. conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. 36. Interpretation. ThiS Lease will be interpreted according to the Texas laws that govern the interpretation of contracts Venue lies in Nueces County, Texas, where this Lease was entered into and wili be performed The headings contained herein are for convenience and reference only and are not Intended to define or limit the scope of any provision The unenforceability. invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable. invalid. or illegal. 37. Modifications. No proviSion of this Lease may be changed. modified, or waived, untess in writing signed by a person duly authorized to sign agreements on behalf of each party .~ [",_,.,de C ~.ARK&RE( "-,~_H~Cld t-:-\ ~nt- 29[ .1'1e Page 10 of 11 Executed in Duplicate Originals on i ", ----L-_.____----+--___._.__. ,2006. LESSEE V'L~CIT~GAMES, ~~G~ h~ r .' i . --" ~,_U-f-- ---- lth Rose. M. D. Chairman Board of Directors STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 'J; "~{f' .~i ,2006, by Keith Rose, M. D., Chairman of the Board of Directors of VELOCIT GAMES, INC., a Texas non- profit corporation, on behalf of the corporation ..i , ~,. .t..... Not~Pu'~~c,,' at;~f'Texas- Printed Name: f , -,.__.~-'...- - ( . Expiration Date j /~~~_~7~;;~.., " " " ~'~\ ~ ;<;~;~f.) '~'''''':::<'' '.... BINA BARCIA Notary Public STATE OF TEXAS My Comm. Exp. 05-13-2009 Seal C ,..ie ~" PARK&RES:)ec?1 E fen" \/:,:,1 ?T;F < e doc Page 11 of 11 ATTEST: i. J'--j1r-~~')~.~,,, .------ - ~ ~-'-..._~-- Armando Chapa City Secretary CITY OF CORPUS CHRISTI G~Noe · C y Manager ~R~VED 29 March 2006 ///[ j . o;yle D. Curtis n -- Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS s COUNTY OF NUECES s j >,t, 1', II!, II L\ This instrument was acknowledged before me on t \J'-'" \ , 2006, by George K. Noe, City M. a. nager of th~fity of Corpus Christi, a Texa~\home-rule Municipal Corporatiol7l1on behalf offf"e corporation. ',.,. \ \V!I /1' 1 ! " I ~ 1>4 _.__ ..__u(}"'.!,I.....-\.. \... ..Ll.~~ Notary Public, State of Texas r---"p~ Pl.J. II 0- ~ ~ Connie Parks II ~ '-" ~ My CommiSSIOn Expires iL:~~OF~ November 09.2007 Printed Name Seal EXpiration Date __ /i"? . ::.::t.,RK&REz ~lL'eCk-li E'. ,,:,n~"~ J~![ Ve'c ]p'le' 'J; // ~ -<~- ;;;'1~~_:..---- ~z ~/\ -.---- -<, ca., ,_./' C ---- '. \j", \,' ',. ~8 -'" / I' ( I ~ ~ Ii Ii II f f - -- I ~~ ~I~ 1,1 II ~,- t~' ~.( . \\- \\ \ \ \ \ \ \ 5"' cO \ :> "':! =:> 'S t~ :>;;; !.-: z "? o::L _iY ~'" <r Q ;: '" '~" \ ~ ~\ -"~ \ \ \ \ \- \ \ ;:.,,,,. S\ ,_,,1'-\1> ~ ~~r'-d >- n::: L5 <x:: 0 0::: Z <x:: :::l 0 Z CD 0 l- f=: u Z :::l W GJ n::: l- (/) (/) z w 0 ~ u . .- <x:: 0 G W ~ I- U U n::: 0 I- --.J (/) W W > n::: i .. 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ClJ >0 o Vl ClJ 01 .~ .!:: ~ '- ClJ :!:ltfl e .- 01 Ole JJ 'C ClJ U ClJ IE .!: fCJ 01 '- e I-LU Page 1 of 1 VELOCITY GAMES, 2006 Estimated Expenses Exhibit C Park and Recreation Department Park Operations a. Restroom Cleaning Maximum cost( 1 person, 8 additional hours pd x 4 days) = $ 437 b Utter control maximum cost dUring the event (2 person crew x 33 hrs) = Maximum Sub- Total $ 330 $1,800 $ 767 ---€-:- Litter control maximum cost for crew to haul off b3gged litter e3ch morning - Celiseum Parking Costs (Note: Coliseum parking lot may not be available this year.) To secure Coliseum P3rking lots during the gradu3tion exercise - $1,670 Police Costs Traffic control estImate for three days 50 hrs overtime at $36 per hour = $1,800 Traffic Engineering Costs (Note: These costs are reduced for 2006 only because the streets involved are already closed because of construction projects in the area.) a Street Services Labor and materials for signage and barricades not to exceed = $1,500 $ 500 for emergency c311 out to adjust electronic cignage: estim3te 3 st3ff - x 3 hours e3ch x $35 per person - $ 315 s:--Outslde Vendor for electronic and other signage not owned by City: ... set up 3nd removal of barricades, electronic signs, including one Portable Changing Message Sign and one set of temporary tr3ffic signals for use at Furman ::md Shoreline--=- $5.750 Total Estimated Costs (Note: 2004 est. costs= $20,925) $3,067* -Velocity Games nay or f'laY rot use all services estimated on this sheet. '6\PARh&FO[C.,7:;~H' d EVf-'tsUt :'[)( "'C1ty.CJalres [estimate Expenses.ExhbC.doc Page 1 of 1 Exhibit D VELOCITY GAMES, 2006 Expenses To Be Paid by Velocity Games, Inc. Park and Recreation Department Expenses* Park Operations · Restroom cleaning and litter control (as shown in Exhibit C) maximum cost $767 Street Department Expenses* Street Department Services (Note: These costs are reduced for 2006 only because the stntets involved are already closed because of construction projects in the area.) A. Labor and Materials for signs, barricades,etc. $1,815 $500 - Setup ~md install traffic control signago, barricados, conos etc. according to .~-+GP - Monitor and m3int3in traffic control sign3go, b3rric3dos, cones, otc m3ko 3djustmonUrop13ce 3S nocossary. · Controller programming of Port3blo Tr3ffic Sign31s (PTS's) · Sotup and coordin3tion 3djustments of PTS's 3nd 3dj3cent intorsoctions (Shorolino. \^.'3tor, Park, Buff-ord, etc.) · PTS's oporations monitoring. . 24 hr respond to PTS's f3ilures/m3Ifunctions · T03r dO'.vn all tr3ffic control sign3go, b3rricados, conos, port3ble tr3ffic ... dign3ls, etc. 3nd return traffic flo'lI to norm31 opor3tion. B. Outside Vondor for electronic 3nd other signage not ovmod by tho City: Setup ::md romov31 of b3rric3dos,010ctronic signs to includo on Port3blo Ch3nging Mess;)go Sign ;)nd one sot of tom par;)!)' tr3ffic sign;)ls*. . $4,085 TOTAL EXPENSES: $6,290 $1.267 Note: Other Jobs and their estimated expenses in Exhibit C (Park and Recreation Department Costs-$8,800, Coliseum P3rking Costs $1.670. Police Costs-$1 ,800, and one portable Changing ~\l1essage Sign-$1665) are going to be assumed by Velocity Games Inc. ( --,iie l ~-)_L\RK&RE ".:;(ecY E e'l" '-, 3'fle Refcmdl f-, J' : INSI.lRANCE REQUIREMENTS EXHIBIT E A Lessee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies TYPE OF INSURANCE 30-Day written notice of cancellation, non- renewal, material change or termination and day written notice of cancellation for non payment of premium is required on all certiftcates COMMERCIAL GENERAL LIABILITY Includln9 Commercial Form Prem Ises -- Operations Products/ Completed Operatlon~ Hazard Contractual Liability Broad Form Property Damage Independent Contractors Personal Injury L 4 " -' 6 '--- liQUOR LIABILITY Vendors providing and or selling alcoh L_._ AUTOMOBILE LIABILITY - Owned Non-owne rented vehicles Contractors & Subcontractors delivering te stages bleachers, temporary structure~, a large items L Lessee workers and loll nteers NORKERS (.OMPENS.ATIJN EMPLOYERS L1ABILlT" ACCIDENT POLICY ;::OR VOLUNTEERS e ',~ 1 MINIMUM INSURANCE COVERAGE ,-+- I i Bodily Injury and Property Damage 10 ! Per occurrence aggregate I i $1,000,000 COMBINED SINGLE LIMIT ! 101 i $1.000,000 COMBINED SINGLE LIMIT ----r----- d or nts, $500000 COMBINED SINGLE LIMIT nd A T A MINIMUM STATUTORY LIMITS of $20,000/ $40,000 for BODIL Y INJURY & $15,000 for PROPERTY DAMAGE I Required If Lessee employs any person other than nlmself/herself WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHiBIT 3500 000 - I S5,000 MEDICAL PAYMENTS per PERSON S 1 0000 DEATH or DISMEMBERMENT per PERSON I -- in the event of aCCidents of any kind, Lessee must furnish the Risk Managerwith copies of all reports any accidents within 10 days of the accident elol '6- . ;:jf nes dlS Ris~ \19' II ADDITIONAL REQUIREMENTS A Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be In amounts sufficient to ensure that all workers' compensation obligations incurred by the Lessee will be promptly met. 8 Certificate of Insurance: . The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. . if your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled' , and deleting the words, "endeavor to", and deleting the wording after 'left" In the alternative, a copy of a policy endorsement with the required cancellation language is required . The name of the event, including exact dates including move-in and move out dates shall be showr, under the Description of Operations/ Locations / Vehicles/ Special Items . At a minimum. a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation. material change, non-renewal or termination is required c If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1 8 (1 )-(7). an authorized representative of the insurance company must Include a letter specifically stating whether items 1.8. (1 )-(7) are included or excluded \.eloelty Games "1S ceq 2; 6-D6 ep Ris~ \1g'Tlt DATE: February 16. 2006 TO Chns Kallas, Parks and Recreation Doyle Curtis, City Attorneys Office FROM: Evelyn Page, Risk Management SUBJECT agreement Recommended insurance requirement exhibit for the Velocity Games lease Attached please find the recommended insurance requirement exhibit for the Velocity Games lease agreement Please advise should you have any questions or concerns regarding the recommended insurance requirements Attachment