HomeMy WebLinkAboutC2007-089 - 4/10/2007 - ApprovedPage 1 of 23
BUC DAYS SHORT TERM 2007 LEASE AGREEMENT
Sta~Ee of Texas §
Ca~nty c># Nueces §
Know All By These Presents:
Thi~ short term Lease Agreement ("Lease Agreement") befinreen the City of Corpus
Chr~sti, a Texas home-rule municipal corporation ("City"), acting through its duly
des~gnat~d City Manager, and the Buccaneer Commission, Inc. ("Commission"), a
Te~as nan-profit corporation, acting through its duly designated agent, is in
cor~5ider~tion of the covenants contained herein.
1. Defir~ions.
a. CHy - means the City of Corpus Christi, a Texas home-rule municipality.
b. C~y Attorney - means the City's Attorney or designee.
c. C~y Traffic Engineer - means the City's Director of Engineering Services or
designee.
d. C~ Manager - means the City's City Manager or designee.
~. C~mmission - means the Buccaneer Commission, Inc., a Texas non-profit
~orpofation.
t. Carnmission's Agent - means a duly authorized representative of the
~uccaneer Commission.
~. Ewnt - means the annual Buccaneer Days Festival ("Buc Days") and related
~ctiviii~s sponsored by the Commission including carnival a barbeque cook-off
~long Shoreline Blvd; and parade Events. The Event dates are described in
~ection 2, Section 3 and Exhibit B.
1~. Psrks Di~ector - means the City's Director of Parks and Recreation or
designee.
i, P~e Chief - means the City's Police Chief or designee.
~. Pr~nises - means the Event sites for the Buccaneer Days Festival and related
~ctivitaes more fully described in Section 3 and on the attached and incorporated
I~xhib~s A1 and A2.
~t. Pr~ects - Seawall repairs and renovations. The Projects will affect parking,
~treets, and Premisfs identified in this Lease.
I. Risk Manager - means the City's Director of Risk Management or designee.
2007-~89
04/l I~/07
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~n. City Secretary - means the City Secretary or designee
2. Term. This Lease Agreement takes effect upon execution by the City Manager.
The Corr~rnission will be entitled to non-exclusive use (for purposes of set-up and
taka-down) and exclusive use of the Premises described below, for the periods
ider~ified on Exhibit B The City Manager may authorize amendment to Exhibit B.
3. Premises. City grants to the Commission the privilege of using the following
des~ribed City property to conduct its annual Buccaneer Days Festival for the exclusive
and non-exclusive uses dates set forth in Exhibit B:
A. For the Rodeo, Commission, shall obtain a separate agreement with SMG,
the City's General Manager of the American Bank Area (Arena).
B. For the BBQ Challenge Premises are described in Exhibit A1. Area is
along S. Shoreline and N. Shoreline, from Resaca Street north up to and
including the Barge Dock area located near Art Museum of South Texas.
C. For the Buc Days Camival, Premises are described in Exhibit A2. Area is
located on those paved areas bounded by the interior of the east curb line of N.
Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the
south by the north curb line of Power Street and on the north by the north curb
line of Resaca Street. Carnival area also includes lot bounded by S. Shoreline
Drive, Fitzgerald, Water Street, and Palo Atto. Carnival area also includes use of
unoccupied portions of block bounded by S. Shoreline Drive, Fitzgerald, Water
and Resaca.
D. For the Buc Days Family Arts and Education Area: Premises are described
in Exhibit A1. Area is along S. Shoreline and N. Shoreline, from Resaca Street
north up to but not including the Barge Dock area located near Art Museum of
Sou#h Texas.
E. If any of the desired Premises include use of the American Bank Arena Area
(``Atrena Area") ctescribed he~ein, Commission shall obtain separate agreement
with SMG, the City's General Manager of the Arena Area. The Arena Area is
described as follows: Those paved areas bounded by the interior of the east curb
line of N. Shorefine Drive and the west curb line of S. Shoreline Drive and
bounded on the south by the north curb line of Power Street and on the north by
the north curb line of Resaca Street, and to end of Shoreline Drive turnaround
area and Barge Dock, including sidewalk area of the seawall; those paved areas
af Palo Atto Street bounded by N. Shoreline Drive and N. Water Street; and
those paved areas of Fitzgeratd Street bounded by N. Shoreline Drive and N.
W~#er Street.
F. For the Buc Days Lighted Parade on May 5, 2007: Parade begins at Buc
St~dium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south
on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on
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southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and
parade permits must be obtained as required in Sections 11 and 21 below.
G. For the Juneor Parade an April 28, 2007: Parade begins in Heritage Park,
starting at Brewster at I~ Tancahua, south down N. Tancahua to Belden, left on
Bekien to to Mesquite; nortt~ on Mesquite to Brewester. Breakup area is in the
Brewster, N. Tancahua area. Street closure and parade permits must be
obtained as required in Sections 11 and 21 below.
H. For the Buc Days Lighted Parade, Commission has exclusive use of the
parking lot located south of Memorial Coliseum, on May 5, 2007, for the times of
8:00 A.M. to Midnight, to serve as secured parade breakup area.
I. Landscaped areas within the Premises must be protected during the Event.
J, For all activities on the barge dock and adjacent waters, Commission shall
obtain separate agreements with all necessary parties.
4, ~remises Revisions. Requests by the Commission for use of additional
City-owneci areas require prior written approval from the Parks Director. No
conr~ssian stand, ride vehicuiar parking, or other apparatus connected with
Con~miss~on may use tMe grassed or shrubbed areas, including the newly landscaped
mec~an, in front of the Arena. In addition, no structures, scaffolding, bleachers or
veh~les are permitted on the Seawall without prior written permission from the Parks
Direrctor.
Rep~irs to the seawall may significantly impact and change the Premises (Exhibits A1
and ~P-2) and other parts of this lease (see Section 8). If Exhibits A1 and A2 are
revi~ed, r~ew Exhibits A1 and A2 will be executed by the City Manager and
Conlmis~on Agent and filed with the City Secretary and Parks Director and
sup~rsede the existing ~xhibits A1 and A2. New Exhibits A1 and A2 become
effe~tive upon filing with the City Secretary.
5. F~rent Layout Diagrsm (Exhibit C, preliminary, attached). The Commission's
Ageht must provide the Parks Director a diagram explaining the final Event layout for
all r~lated activities at least two weeks prior to the Event. Layout of the Event is
subject to the approval of the Parks Director.
6. ~pec~l Event Fee. The Commission must pay City a one-time Special Event
Permit fee of $100 under City ordinance.
7. Payrr~t of City Ccssts. In consideration for the use of City property the
Cor~r-is~n will pay ti~ City within 60 days after the Event ends each year the actual
cost incur~-ed for services rendered, including any other City services provided by
dep~rtme~s other than Parks & Recreation and Police, less any amount(s) that the
Con~nis~cn has dispu#ed. An invoiced amount will be considered to be in dispute
upo~ rece~pt, by the Parics Director, of a written notice from the Commission. The
writ~n na#ice must detail the basis for the disputed claim and must be received by
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Parl~s Director within twenty (20) calendar days of Commission's receipt of City
invoice. Resalution and payment of any disputed amount(s) will be governed by
Sect~on 27.
The Parks Director will invoice the Commission for the costs within thirty (30)
cale~tdar 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,
stree~t sweeping and repair categories). Upon receipt of written request of the
CoriMnis~an's Agent, the Parks Director will furnish reasonable supporting
doc~mentation af the charges within ten (10) calendar days. If there is a hurricane or
oth~ weather activity that eliminates the Event or that reduces attendance at the Event
by rr~ore than 50% from the prior year's attendance levels, the City Manager is
del~gated the authority #o adjust the billing of City's Direct Costs.
A, D'erect Costs. City's Direct Costs in assisting with the Event may include, but
are no# limited to:
1. Damages to City property as a result of the Event, which will be billed at the
co~t of repair. Commission may repair damages within 3 days.
2. Costs of fabor contracted for clean up, or additional clean up required by the
Dir~ectors 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
assfgned. For the 2007 Event, Commission shall be responsible for 100% of all
non-police City Direct Costs, and 50% of police overtime. For future years
Cc~mmission will be responsible for 100% of all City non-police Direct Costs.
4. Costs of add~#ional directional signage, barricades, and cones are
C~nmission's responsibility (see Sections 13 and 14) as well as any other
services requested by Commission's Agent and provided by City.
~ity vwill provide an itemized bill of Direct Costs, if any, within 30 days after the
~vent closes. Commission will pay City's Direct Costs, if any, as billed within 30
days ~#ter City tenders the invoice to Commission, less any amount(s) the
~om~rtission has disputed in accordance with the procedure above.
B. f~+o~tice of Costs. For planning purposes only, attached as Exhibit E are
estim~tes of the rates and costs for City Services that may be provided for the
~vent. At least 60 days before the Evenf the Parks Director, Police Chief, and
City Traffic Engir-eer will meet with Commission representatives and execute an
~xhi~ describing ~ity Services to be provided for the Event and the cost to be
paid to City. That Exhibit shall be attached as Exhibit F. Notwithstanding the cost
shown in Exhibit F, Commission shall be liable for all actual cost incurred by City
related to the Event even if the actual cost exceeds the cost shown in Exhibit F.
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C, L~ Fee. Com~nission's failure to pay the undisputed charges on City's
#nvaice within 30 days after submittal to Commission shall result in a late payment
f~ 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 wi~l be added t~ the net amount payable to the City.
8. ~nnual Planning M+~etings. Two months prior to this year's Event the Parks
Dire+~tor, $treet Direct~, Police Chief, and City Traffic Engineer will meet with
Cornmiss~n 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 Premi~ses be reviewed with regard to the areas of set-up, parking, traffic control,
barri~cades, traffic signs, security, fire lanes, and fencing to determine whether the
Prert~ises are impacted by the Projects and whether Exhibits A1 and A2 need to be
revis+ed 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
requ~st additional meetings.
9. tieposrt. The Commission must pay a deposit of $2,000 at least one month in
adva~nce 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:~roperty. 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. Noti~e. Notice may be given by fax, hand delivery, or certified mail, postage
prep~id, 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:
[3irectQr of Parks and Recreation
(~ty of Corpus Christi
P.O. B~x 9277
Gorpus Christi, TX 78469-9277
(361 j 880-3461
FAX (3$1) 880-3864
If to Commission:
Executive Director
The Buccaneer Commission, Inc.
P.O. Box 30404
Corpus Christi, TX 78401-0404
(361) 884-8331 or 882-3242
FAX (361) 882-5735
11. Tem~orary Street Closures (Exhibit D, attached). The street closure process
will govern any necessary street closures. Commission must provide the City Traffic
En~eer and the Parks Director its site plan for the Event, application for the
requ~ested street closure, and proof of all affected property owners' approval of the
proposed #emporary street closure not later than March 1, 2007. All street closures on a
tem~orary basis are subject to the requirements of City Ordinances, Sections 49-15 to
49-1~3, as may be amended, and require the City Council to confirm the closures. The
dec~ion to confirm the closure of the streets is within the sole discretion of the City
Cot~cil acting upon the application at the time the application is submitted.
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12. Park~ng. The Commission will provide parking and signage for people with
disak~lities 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 f~r City personnel scheduled to work during
the actual Event and related activities.
13. Barricades, Traffic Signs. The Commission must provide barricades and traffic
signs requ'tred by the City Traffic Engineer that include temporary directional signage
to the nearby attractions/facilities affected by any street closures and traffic circulation
arou~td 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. Sign~e and Advertising. Signage and advertising proposed for the Event must
recei~+e the Parks Director's prior written approval. Commission's Agent may request
infla~able advertising only for Events that receive national television exposure which
must be pre-approved by the Parks Director prior to being installed. On all advertising
for the Event, Lessee sha~l recognize City's contributions to the Event.
15. Rest Rooms, Drinking Water and First Aid. The Commission must provide
adec~taate portable rest rooms, including restrooms for people with special needs, and
drinl~ng wa#er 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
activ#ties.
16. Insu~ance. Commission's Agent must furnish to the Risk Manager Commercial
Genleral Liability insurance for the length of the Event and its related activities
prot~cting against liability to the pubfic. The insurance must have a minimum policy limit
of $1,000,000 Combined Single Limit per occurrence for personal injury, death and
pro~rty damage. Commission is required to provide a$1,000,000 Combined Single
Limit Automobile Liability policy, providing coverage for owned, non-owned and hired
vehi~les. ~ubcontractors and vendors who will be loading or unloading equipment,
temporary structures, carnival rides, stages, bleachers, and any other associated
mat~rials to be utilized for the Event must have comparable insurance policies, which
mus# be fi~ed at least 2 weeks prior to each Event. Commission must also furnish
insu~'ance in the form of an accident policy for volunteers with minimum limits of $10,000
for cteath or dismemberment and minimum limits of $5,000 for medical expenses. If
alco~ol is served at any of the Commission's Events on Premises then liquor liability
insu€ance in the amount of $1,000,000 Combined Single Limit must be provided by the
entit~ serving the alcohol. The City must be named as an Additional Insured on all
liabi~ty policies Commission must furnish the Certificates of Insurance in at least the
abovre minimum amounts to the City's Risk Manager two weeks prior to the
non-~exclusive use period each year.
Con~miss~on must require all volunteers to sign an accident waiver form that
Cor~nis~on must keep on file. The City Attorney will approve the form. In the Event
of a~cidents of any kind, Commission must furnish the Risk Manager with copies of all
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repo~ts of the accidents at the same time that the reports are forwarded to any other
inter~sted parties. In addition, Commission must provide copies of all insurance
policaes to the City Attorney upon City Manager's written request. Said insurance
must not be canceled, non-renewed ~r materially changed without 30 days prior written
notic~ to the Parks Director. The Risk Manager may increase the limits of insurance
upon two (2) months written notice to Commission.
17. lndarnnity. Commission shall indemnify and hold City, its
offi~ers, agents and employees ("Indemnitees") harmless of, from,
and agal~st atl c/airns, demands, actions, damages, /osses, costs,
liab~fities, expenses, and judgments recovered from or asserted
aga~nnst l~demnitees on account of injury or damage to person or
pro~erty to the extent any damage or injury may be incident fo, arise
out af, ar be caused, either proximately or remotely, whoUy or in part,
by a~ act or omission, negligence, or misconduct on fhe part of the
lnde~nnni~tees or on the part of Commission or any of ifs agents,
sen~ants, employees, contractors, vendors, patrons, guests,
/ice~see~, or invitees ("Indemnitors") entering upon the Premises
pur~uar~ to this Commission Lease Agreement, to use the Premises
ana~ those portions of Shoreline and streets that are c/osed to set-up
and~ take-down, hold, attend, or participate in the Buccaneer Days
Fes~ival and associated activities, on fhe Premises, with the
exp~essed or impli~l invitation or permission of Commission, or
whe,n ar~y injury or damage is the result, proximate or remote, of the
vio~irtion by lndemnitees or lndemnitors of any /aw, ordinance, or
go~iernr~ental order of any kind, or when any injury or damage may in
any other way arise from or vut of the improvements located on the
Pre~ise~ or out of t~he use or occupancy of the improvement to fhe
Pre+~is~s or the Premises itself by lndemnifees or Indemnitors, or
whi~r- the injury or c~amage arise out of, or be caused, either
pro~rima~e/y or remotely, wholly or in part, by an act or omission,
nec,,~igen~ce, or misconduct on the part of the Indemnitors in
adrr~-inis~ering parade vendor permits.
Th~e t~ms ot' inds,mnification are effective whether the injury or
dan~rage may result from the sole negligence, contributory negligence,
or a~onc~rent negl~ence of /ndemnitees, and in all cases where
Ind9~-mnJ~es' actior~s are directly related to the Event, but nof if the
da~Ctage or injury re-sults from gross negJigence or willful misconduct
of l~den~-itees.
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Con~r-is~,ion covensnts and agrees that if City is made a party to any
litig~Mtion against Commission or in any litigation commenced by any
par~, oi~r than Commission relating to this Commission Lease
Agri~ment, Commission shall defend City upon receipt of reasonable
not~e re~arding commencement of the litigation.
18. Safet~t Hazards. The Commission, upon written notice of identified safety
haza~ds by the Police C~rief, Fire Chief, Parks Director or Risk Manager, must
corre+~t the safety hazard, within six hours or other time frame included in the written
notic~ of s~fety hazards,
19. ~ami~es to City Property. Parks Director will provide the Commission's
Agee~ a punchlist of damage to City property defined in the Premises within 2 days
after the c~ase of the Ev~nt. 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
punc;t~list, Parks Director may ~o so and invoice the Commission for Direct Costs, as
set out in Section 7 above.
Com~niss~n or its agent must fill and compact all holes in grassy areas made by
Corr~iss~n or any entity or person participating in the Event. Parks Director must
approve fil~ material. Any subsidence within the Premises must be additionally filled by
Com~niss~n or its agen# until no subsidence occurs.
20. Pave~nent, Curbs, Sidewalks, Seawall. Any work which involves holes or other
changes in the pavement, curbs, sidewalks, or seawall, requires the prior written
appr~pval by City Directar of Engineering Services, provided however, that no
appr~val wiil be given if the work will require subsequent repairs by the City.
21. ~erm~ts. Commission must require all vendors to obtain and comply with
appr~priate 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 s~le of foods and the protection of the public welfare. For 2007 Event, the
~
temporary food service establishment permit fee is $35 per vendor. fei~rc-
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. ny vendor that sells
alcoholic beverages must furnish proof of Liquor Liability Insurance in the same
amo~ants set out ~n 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
perrr~ts C4mmission must obtain are Parade Permits for both of the Buccaneer Days
Ligh~ed Parade and the Children's Parade, a Temporary Promotional Event Permit from
Builc~ng Inspection and Fireworks Permits from the Fire Department and any permits
requu~rred by the Coast Guard for water Events. Commission's Agent shall notify the
Parks Diriector of any special conditions imposed by any permitting agency.
21.1. Par~ade Vendors
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A. Car~mission or its designee shall have exclusive authority to administer and
issue parade vendor permits to permit vending on the public sidewalks along the
pa~rade route for the following time periods:
(i~ For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a
time to be designated by the City Manager, but not later than, 8:00 A.M. the day
of the Lighted Parade, during and one (1) hour after the Lighted Parade;
(ii) For the Buccaneer Days Junior Parade, ("Junior Parade"), beginning at a
time to be designated by the City Manager, but not later than 6:00 AM the day of
the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
B. Cotnmission shall have the right to determine permit fees for parade vendors
tt~at desire to sell iterns at the Commission's Parade Events.
C. Cammission shall ensure that parade vendors comply with applicable sections
o~ the fcsllowing regulations: Sections 38-6 and 38-17 (b) of the City Code of
~dinances, copy attached as Exhibit G, and Chapter 38 of the City Code of
Ordinances, copy, attached. as may be amended by the City Council.
Q, Cot~mission shall further ensure that no parade vendor sells the following
itvms identified by the Police Chief: silly string, or any similar squirting device;
p~ppers or any similar noise device; stink bombs or smoke bombs, or any similar
d~vice; or lasers or any similar laser producing device.
E. Vialations of the City Code of Ordinances shall subject the parade vendor to
i~uance of citation by City Police Department.
F. Co~anmission shail ensure that all food and beverage vendors comply with all
requirements of the Corpus Christi-Nueces County Public Health Department and all
o~er local, State or Federai laws, rules, and regulations regarding the sale and
sid~rage of food,
C~. Cammission shall ensure that all parade vendors comply with all applicable
Federa~, State, and local laws and regulations, as may be amended.
Fi. Canmission desires to place stationary vending booths along the parade route
an real property owned by the City of Corpus Christi during Parade Events. The
C~mm~ssion may place a vending booth at a specific location that has been
r~viewed and approved in writing by the City Manager or designee, the Chief of
l~olice or designee, the Fire Chief or designee, the Director of Engineering Seroices
or des~ee, the Traffic Engineer or designee, the Parks Director or designee, and
the Director of Solid Waste or designee.
I Stat~-nary vending booths at City-approved locations may be placed no ea~iier
th~an 38 hours prior to the start of a Parade Event, and must be removed no later
than 24 hours after the conclusion of a Parade Event.
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J. Commission shall restore all property used for placement of vending booths to
its original condition within 24 hpurs of the conclusion of a Parade Event.
K. C~nmission 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. Cot~rmission 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. Co~nmission shall require all food and beverage parade vendors to clean the
a~ea around each foad and beverage booth. The clean up will be hourly and
i~med~s#ely after the conclusion of a Parade Event. All trash cleaned up must be
p~!operly deposited in a trash bag provided by the Commission and taken to a
location designated by the Commission.
21.2 Par~le Viewing Area Permits For City Property Along Parade Route For
Ren1~1 to General Public
A. Ca~mmission or its designee shall have exclusive authority to administer and
i~ue ~rade viewing area permits to Commission or to nonprofit groups to allow
C~mmission or groups to rent City property, designated by Parks Director, to the
glenera# public along the following portion of the parade route and for the following
ti~ne periods
(i} Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by
Upper Broadway tn 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 tMe 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 Para~ie 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
a~d the nonprofit groups shall split these fees.
G. Co~mission shall require the nonprofit groups to clean the parade viewing
a~ea. The clean up vvill be hourly and immediately after the conclusion of a Parade
~rent. All trash cleaned up must be properly deposited in a trash bag provided by
tF~e Catnmission and taker? to a location designated by the Commission.
C 1Documen:s and Setti~stlisaAlMy Documentsl6ucDays.2007 Sho~ Term l_ease.doc
Page 11 of 23
D. Cott~mission shall restore all City property used for parade viewing to its
original condition within 24 hours of the c~nclusion of a Parade Event.
22. Clean Up. Commission must require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals.
Corr~iss~n may designate the zone, but it will not be less than 10 feet by 20 feet in
the immed~ate 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
prop~rly 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 nece~sary. Parks Director will give Commission's Agent 2 hours notice to
incre~se services; and if it is still unsatisfactory, Parks Director may authorize use of
City workers.
Corr~nissi~n must instal! screens, approved by City Director of Storm Water
Oper~tions or designee, across all storm water inlets along Shoreline and within any
closeid streets within the Premises. Drainage must not be blocked. Commission must
rem~ve the screens within the non-exclusive use period after the close of the Event.
How~ver, Commission must remove screens (along with any trash that has
accu~nulated over the screens) immediately if heavy rain is imminent, or upon the
direc~ion of the City Director of Storm Water Operations or her designee.
23. Con~ruction. The construction work for displays and stages must be conducted
in ac~ordar~ce with City building codes and restrictions. Construction that causes
dam~ges r~ll only be allowed if Commission provides the Parks Director prior written
assuCances that Commission will remedy said damages in accordance with Section 19
above and Parks Director approves the construction in writing.
24. Tem~rary Buildings. Commission must receive prior written approval from the
Parl~ Dir~ctor to place any temporary buildings on the grounds of the Premises.
Othetwise, all temporary buildings moved onto Premises for the Event must be placed
and ~emain on trailers to promote expeditious removal. All these buildings must be
removed utir'tthin the non-exclusive use time period.
25. ~lec~al ~ Water Services. City does not provide electrical service on the
Prer~ses. A Temporary Promotional Event Permit from the City Building Inspection
Dep~'tmer~t is required in order to install electrical service for the Event. Further, a
Cert~cate of Occupancy, which involves inspections, must be completed by the proper
insp~ctor, to have all temporary services, such as, food, electrical, plumbing, tents, and
strudures, inspected. It is the responsibility of the Commission to call each inspector
for a~ appQintment to inspect and get approval for each temporary seNiCe befOCe the
Ever~ bec,~'ns. Parks Director will provide access to water from park water facilities.
26. ~err~sible Vendor Location Markings. No paint or semi-permanent markings
will k~ie permitted which in any way obliterate or deface any pavement markings or signs
hereiofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape
C`Documents and SettingsiiisaA\My Documen1s16ucDa/s.200? Shor rermi ease.doc
,,. . ~~ ,~. . ,.,. a,~,P ~ ..~,~,,. ~
Page 12 of 23
mark~gs rnay be used to pre-mark locations on the sidewalk or street. (Painted
marki~gs of any type will only be permitted in grassy areas),
27. ~isputte Resolution. City and the Commission agree that any disputes which
may ~rise between them concerning this Lease Agreement, such as determining the
amownt 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
Dire~or, w't#h a right to appeal to the City Manager. The decision of the City Manager
wili b~e 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
Man~er has been sent to the Commission. In the Event of appeal, the decision of
the (~ty C~ncil will be final. Upon a resolution of the dispute, either by agreement of
the p~rties 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
Agre~lmertt in no way waives the Commission's rights to seek other legal remedies
durirtg the appeais process.
28. Eme~ency Vehicle Lanes. Commission's Agent must at all times during the
Ever~t and the non-exclusive use period, maintain emergency vehicle lanes upon the
Prerr~ses as may be designated by City Fire Chief. These lanes must be kept clear of
all ok~tructions,
Con~niss~on must, at all times it is in exclusive use of the Premises, provide driveway
acce~cs for trucks and emergency equipment to the service entrance of the Coliseum by
keep~g tt~ driveways open and unoccupied by structures or automotive equipment.
29. Assiy~ment. Commission may not assign or transfer this Lease Agreement
nor s~ublease the whole or any part of the Premises or make any alteration therein
without the prior written consent of the City.
30. ~frea~h, Termination. Any faiiure on the part of Commission to perform any of
the c~ven~nts contained in this Lease Agreement, or any breach of any covenant or
conc~ion by Commissian entitles City to terminate this Lease Agreement without
notic~ or d+emand of any kind, not withstanding any license issued by City and no
forbe~ranc:e by City of any prior breach by Commission is a waiver by or estoppel
agaittst Ci~y. In case of termination City is entitled to retain any sums of money
there~ofore paid by Commission and the sums inure to the benefit of City as a set-off
agair~st any debt or liability of Commission to City otherwise accrued by breach hereof.
31. ~tight of Commission to Use Public Streets. Commission acknowledges that
the c~ntro{ and use of public streets is declared to be inalienable by the City and except
for tl~e use privilege granted herein, this Lease Agreement does not confer any right,
title, ~r interest in the public property described herein. The privilege to use the City
prop~rty gtanted herein is subject to the approval of the City Council as required by
ordir~ance and the comp~iance by Commission with the terms and conditions contained
withi~ this Lease Agreement.
C`.DocumeMS and Settir3ps~iisaAlMy Documentsl6ucDavs.200~ Shor_''erm Lease.doc
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Page 13 of 23
32. Not R~tnership or Joint Venture. This Lease Agreement may not be
cons~-ued or deemed by the parties hereto as a partnership, joint venture, or other
relati~nship that requires the City to cosponsor or incur any liability, expense, or
respQnsibili#y for the conduct of the Event or associated activities. Payments received
from Com~ission by the City are compensation for provision of City services as
described herein and for #he right of Commission to use public property for the limited
purpose described here~n.
33. City ~rvices Subj~ct to Appropriation. The Commission recognizes that the
servi~es 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 c[~se o# any fiscal year of the City, which fiscal year ends on July 31 of each year, is
subjerct to appropriations and budget approval. The City does not represent that the
expe~ditunes required by the City for the provision of services required by this Lease
Agre~merrt 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. Comp~iance with Laws. Commission must comply with all applicable federal,
state, and local laws and regulations, including without limitation compliance with
Ame~icans with Disabilities Act requirements, all at Commission's sole expense and
GOSt.
35. Non-~liscrimination. Commission warrants that they are and will continue to be
an E~ual Opportunity Employer and hereby covenants that no employee, participant,
invitee, or spectator will be discriminated against because of race, creed, sex, handicap,
color, or n~tional origin.
36. Fence. Commission may provide a temporary six-foot (6') chain link fence, with
gate~ 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,
skataboards, 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
Co~iss~on's needs upon Parks Director's concurrence. If Exhibits A1 and A2 are
revised, new Exhibits A1 and A2 will be filed with the City Secretary and supersede the
exist~g Ex~ibits A1 and A2. The new Exhibits A1 and A2 become effective upon filing
with ~e City Secretary
37. ~1dm~sion Fee. Commission may charge an admission fee. Special Events
connected with Commission may charge another fee to help defray the cost of
entet~ainment.
38. Sec~ity. Commission must provide uniformed Security Officers during the
Ever~t, and after the Evs~t closes each night until it opens the next day. Commission
will a~sign the Security Qfficers duties. Security Officer means sworn peace officers
direc~y pa~i by Commis~ion. Provided, however, the Potice Chief may determine that
a set~arity guard service will provide adequate security for the Event, or portions of the
C'Documents and SettingstlisaAlMy Documeots\BucDays20~? Shor ?erm t ease doc
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Page 14 of 23
Everrt. If the Police Chief allows a security guard service to provide security, the term
"sec~-ity o~fi"icer" will include a licensed security guard as well as a swom peace officer.
If the City Police Chief determynes it is necessary, the Police Chief will assign Police
Offic~rs 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. Entirfty Clause. This Lease Agreement and the incorporated and attached
Exhi~lits constitute the entire Lease Agreement between the City and Commission
for tl~e use granted. All other Lease Agreements, promises, and representations,
unle~ cor~#ained 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 i~ Exhibits, of the terms, conditions, promises, and covenants relating to
Corr~issnon's operations and the Premises to be used in the operations. The
unen~orceability, invalidity, or illegality of any provision of the Lease Agreement does
not render the other provisions unenforceable, invalid, or illegal.
C iDocuments and SettiApsllisaA116fy DocumentslBucDays.2007 Shor Term Lease.doc
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Page 15 of 23
G
Exec~ted ~ Duplicate (~riginals on _ ~(~~ ~ ~ ~ , 2007.
ATT~T:
~~.
Arma~do Chapa
City ~ecre~ry
~~ {
--- .~ __ _._ _
CITY 4F CORPUS CHRISTI
Lega~ Forn~ Approved April 13 2007
t ;~
;~ ~~, . .
Lisa ~guilar
Assis~ant City Attorney
For City Attorney
G~6rge K. Noe
City Manager
, J • UL Ll 2 .
. AU t rnu~„~..
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SECRE~ARv
Ul
C:`.DOCUments and Settmg~\IisaA~My Documents\BucDays 2007 Short erm.Lease.doc
Page 16 of 23
TFI~ BU~CCAN C~lIAM SSION, INC.
By:
Ba~-y ox --__
Ex~cutiv+~ Dir ctor ~
Da~e: ~~ (~ -Q f~'
ACKNOWLEDGMENT
ST~TE (~ TEXAS ~
CC~lNTI~ OF NUECES ~
Th~ instr~ment was acknowledged before me on , 2007 by
Barr~ry Box, Executive Officer for The Buccaneer Commission, Inc., a Texas non-profit
corporat~n, on behalf of The Buccaneer Commission, Inc.
No~ry Public, State of Texas
Prir1#ed Name:
Se~l:
Ex{~ratior~ Date:
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Page 18 of 23
EXHIBIT B
2007 Lease Agreement
Event Locations, Dates & Summary
Buc Days Carnival
Next to BBQ Challenge, along Shoreline from Power St. to Resaca
NOI~EX~I..USIVE
Aprit 18, 2007 thru April 24, 2007
& M~y 7e 2007 thru May 11, 2007
EXCLUSIVE
April 25, 2007 thru May 6 2007
Buc Days BBQ Challenge
Just outside American Bank Center, from Resaca to Barge Dock
NO1~-EXGt.USIVE
EXCLUSIVE
April 25, 2007 thru April 28, 2007
April 18, 2007 thru April 24, 2007
& A~ril 29 #hru April 30, 2007
Buc Days Pro Rodeo
American Bank Center Arena
NOI~EXGLUSIVE EXCLUSIVE
Apri~2, 2007 thru April 23, 2007 April 24, 2007 to April 28, 2007
Aprit 29 through April 30, 2007
(Bu~ Days shall contract directly with third party arena management company for use of
Amei~ican Bank Center Area.)
Buc Days Family Arts & Educational Area
Jus~ out~le American Bank Center, from Resaca to Barge Dock (does not
incl~le ~ge Dock area)
NO~-EXCLUSIVE
May'7, 2~7 through May 8. 2007
C 1Documents and Sett4~gs11isaA4My Documentsl6ucDays.2007.Short Term ~ease.doc
EXCLUSIVE
April 29, 2007 to May 6, 2007
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Page 19 of 23
Exhibit B
Buc Days 2007
Buc Days Pro Rodeo
American Bank Center Arena
April 25-28, 2007
2006 Attendance: 17,142
Buc Days BBQ Challenge
Just outside American Bank Center, from Resaca to the Barge Dock
April 25-28, 2007
2006 Attendance: approximately 15,000
Buc Days Carnival
Next to BBQ Challenge, along Shoreline
April 25-May 6, 2007
2006 Attendance: 40,814
Buc Days Jr. Parade
Apri128, 2007
2006 Attendance: Approxim~tely 20,000 spectators
Buc Days Illuminated Night Parade
May 5, 2007
2006 Attendance: Approximately 150,000 spectators
Buc Days Competencia Folklorica Del Mar
At Selena Auditorium
April 19-21, 2007
2006 Attendance: Approximately 2,000 spectators
2006 Buc Days Attendance: Approximately 244,956
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-149-
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BUCCANEER DAYS 2007
Estimated Expenses*
Exhibit F
P~rks a~s1 Recreation (credit account 343697-1020-12910) $ 4,750.00
ice (overtime at 50% of cost) Carnival costs estimate $ 37,000.00 $18,500.00
~e $ 75.00
~iid ~,i'~ste a~d Stre~Services
(~edit account 309300-1020-I2510)
(~redit accourrt 344120-1020-123201 $ 7,561.65
~~a„ ter
(~redit ~tccourrt 36005-4010-32010} $ 1748.00.
TOTAL: $ 32,634.65
"~ucc~eer Days mav or ma~ not use a11 services estimated on this sheet. There may be
a~lditio~ services reque~ted by Buccaneer Days which may require a revised estimate.
Page 21 of 23
EXHIBIT G
PARADE VENDOR REQUIREMENTS
Sec. 38-6. Permit appl~ation; information required.
Ever~ application for a permit required by this chapter shall contain the following:
(1) Tfie narne of the applicant and, if applicable, a certified copy of any assumed name
certi~tcate and/or corpora#e or other legal organization charter of record, together with
proof of the individual's authority to act in behalf of such entity.
(2) Tfie b~tsiness address and phone number of the applicant.
(3} T~e name, home address and phone number of any individuals who will engage in
the t~usiness operations in the ~ity.
(4) ~4 description of the type of goods or services to be offered for sale or rental.
(5) ~t descfiption of the proposed location of the business for which the permit
app~cation is filed, including proposed routes for mobile street vendors, which shall
show compliance with all site regulations of this article.
(6) TT~e license number of any motor vehicle to be used in the operation of the business
in the city.
(7} a, An identification card no larger than three (3) inches by three (3) inches,
disp~ying a photograph (or together with an additional photograph identification card,
such as a current driver's license to be used with the identification card-required hereby)
for ~+ech individual repre~entative of the applicant who will be engaged in the business
for v~thich application for a permit is made. The identification card required hereby shall
cont~in the name of the individual representative, the permanent residence address of
the it~divid~ual representative, the local address and phone number, if any, of the
indiv~dual representative, and the name and address of the applicant as shown on the
appl~cation for a permit
b. For purposes of this article, every individual who conducts business for an applicant
is a~epresentative of such applicant whether acting as employee, agent, independent
cont~actor, franchisee or otherwise for other business purposes, and the applicant shall
for a~l purposes under this article be responsible for compliance with this article by every
such individual representative,
(8) A deseription and photograph or drawing with construction plans and specifications
of ar~y vending unit to be used in the business for which the permit application is filed.
(9) Rroof of a general comprehensive business liability insurance policy, issued by an
ins~ance company authorized to do business in the State of Texas, protecting and
ind~nnif~g the applicant and the city from all claims for damages to property and for
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bodi~y ~njury, including death, which may arise from operations under or in connection
with the requested permit. Suc~? insurance shall name the city as an additional insured,
sha{! provide that no termination or cancellation will be effective without prior written
notice to the city: and shall provide liability protection in the following minimum amounts:
One hundred thousand dollars ($100,000.00) per person and three hundred thousand
doll~s ($300,000.00) per occurrence for bodily injury and fifty thousand dollars
($50,000.00) per occurrence far praperty damage. An indemnity agreement protecting
and ~ndemnifying the city against all such claims may be substituted for the insurance
poliGy her~in required in the case of parade vendor permits valid only for such parade
event and issued under the prcavisions of section 38-17(b) of this article.
(10) Praof of state sales tax ~,ertificate, if applicable, and compliance with all other
applt~cable state and federal requirements for the particular business for which a permit
is requestetl.
(Ord. No. 18788. § 1, 4-9-1985)
Sec. 38-7. Health perm~ts required for food and beverage businesses.
No ~aermit authorized to be issued under this article shall be issued to any person for the
purp~ose of selling or offering for safe any food or beverage unless the applicant shall
hav~ first c~btained all h~alth permits, certificates and inspections required by the city
heal~ code for the particular type of business for which the permit is requested.
(Ord, No. 18788. § 1, 4-9-1985}
Sec. 38-17. Sidewalk vendors; special regulations.
No ~iermit shall be issued to any vendor to operate his business and no vendor shall
vend upon any public sidewalk in the city except as follows:
(b) Par2de vending
(1)1~endars may be perrnitted along parade routes during and for four (4) hours prior to
and +~ne (1) hour after any parade held under authority of a permit issued pursuant to
the ~ity G~e, subject to the following restrictions and regulations in addition to other
conc~tions imposed upon vendors by this article:
a. ~e pc~Nce chief shall determine whether the vending would be consistent with the
pub~c saf~ty. In protecti~g public safety, the chief may refuse to grant a permit, or may
grart# a pe~mit limiting tf~ee vending to particular areas, limiting the items to be sold or
rent+~d, lim~ing the time for vending, or imposing other restrictions. In making his
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Page 23 of 23
determin~ion the chief shall consider, based upon past parade experience and law
enfarcement experience, the potential for interference with traffic; misuse of items to be
sold or rented; physica~ injury; }nterference with parade participants, parade watchers,
poliae officers and others; and other effects detrimental to safety.
b. Vendors shall comply with all pertinent restrictions and regulations applicable to
sidewalk vendors under subsection (a) of this section.
c. Parade vendor permits shall be issued for the period specified in this section only
and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit,
whic~ fee shall be in lieu of the permit fee established for vendors in section 38-9 of this
article.
d. 1~endc~rs shall be r~tricted in their location to sidewalks and other public
areas, ex~ept streets, ~mmediately adjacent to and within six hundred (fi00) feet of
the paracl~ route and to private premises immediately adjacent to and within six
hur~red ~~00) feet of parade routes. Such private premises shall be owned by the
ven~or or used by him with the expressed permission of the owner. Such
per~ission shall be ev~denced by written affidavit filed with the permitting officer
pri~ to the issuance of a permit under this subsection.
e, Applic~#ions for parade vendor permits must be completed and filed at least two (2)
days prior to the scheduied parade date.
(2) ~e ci~j/ may allow parade organizers to administer the parade vending
pro~ess I~y separate agreement.
(Ord. No. 18788 § 1, 4-9-1985; Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1,
3-2-~004)
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