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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 C'1D (11'C~l)~7~12 3hc;^TermLease.doc Bucraneer Commission ..~ _,.. . _. ,,,~. . ,..~.W,,,,,~,. . _ ~. . ~ w . ~.~ .~...~ ~~~_. _ _ ~. _.~....a.~___._ .... .._ .._._ ~. . .~. ~,~ Page 2 of 23 ~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 `;:1.Documents and Se~ngstlisaA\My DocumentslBucC+ays200?.Sh~rr..Term, i_ease.doc Page 3 of 23 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 C;_~,Documents and Setti~gs~lisaAlMy DocumentslBucDay5.20Q7 Shcn Term lease.doc ..r.. ._.._... ._.... ._.._~ _r.. ,,,~r. _..~...--,«e.-, ... ~ .. ... ... _ . . ~n.... . . ... .. ... . ~: .U. ., ,_... ~,. ..e.._ ~..._..,,........ ...,......-.......~...... .~. .r. ..~.. . ..,... ._:._.._.. ,......,,.r. Page 4 of 23 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. (;~~,Documents and Seqings~IlsaA\My Documents~BucOays2007 Srort Te~r~ Lease.doc „„~,,, ,.~.„ _ __ . __~ _ _:., r .. ,. z.,.,~,. ~ . -,~ ,.~ _ -: . .. .,..,,,.^,.. . _ ..~ ..__.__..._... ..... __ .~,....... _._.. ,.~..,.r Page 5 of 23 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. C1Documents and Set~Ihgs~IisaA~My Documentsl6ucDays.2007 Shcrt Term Lease.doc ~.,,,. .,~.W. .:r ,.. ..._. ~.,}r. d..,.:..,..r,.m........ , .. .. ~. ._.. ..._... .....~..... ..,,...._.e_.~....~... . . ..-..~r Page 6 of 23 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 <;iDocuments and Set~gs\IisaA\My Documentsl6ucDays.200?.Shcrt Term lease.doc __ _._.._-.._ _ ~.,._ _..._,.»,. ... ~.....,.-... ,..,.. _,.e._._~ ~ ._ ..._. ...~,. ... ..... ._.~..,,s Page 7 of 23 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. C"~.Documer.ts and Set~gs~,lisaA~CAAy Documents\BucDay5.200? Shcrt Term Lease.doc ,.. . ., W ~ m,,. ..,, a . .,y.. ~, . ~,,•,.,.. ~. _ ~.. .... _,,....,,..> .. .,... Page 8 of 23 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- - ...r~. ~~ L....~ ~ ..J ew...ii..w we~Lwl~liwh.r~ww~ r~wMwr~i~ ~ew~. c.M.~~ hw ~I~wc.A _.,~,,, ~''. . 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 C'~Documents and Settiqgs`,IisaAUNy Documents\BucDay5.2007 Shor~ Term i.ease doc ,~ , _.u ~ . . ~ . ~y~, ....,..».~... . _ . . ,~.. . _ Page 9 of 23 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. C'Documents and Setti~gs~lisaAllWy Documentsl6ucDa~s.200? Sho~ Term.s_ease.doc Page 10 of 23 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 „P. .,, ..~ , ~ ,., <... ~ „~ •.,.,~.~..- ., , ~.. . 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 ,,,.. ..^.,. :.~, .,..., ~,,. .__...-,,.,,,,,.a..__ _ . ~,, 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 .,,.._ ...,... ,a.~..,,.~.._,._..a.._...._..~. .,... ~,.. .,......,... .~,...~,.. ..~,,.~ ,~ „,..>, _~,„ ~_. rc.. •,~r,.. ,._„~.„,.~. : .~„ . _. . 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~„~.. ~1' I~iINC11.,~..~ ~~. ..,..~ 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: C; 1Documents and Sel~ngs\IisaAlMy DocumentslBucDay5.2007.Short,Term Lease.doc _. . ,~ --. _ , `'~--_.. --_ ' '~ ~_ `~'"~,.w`, --~~--~ i r , ,.%~ ~ ~ ~ ~~. , ~ ~ _ , , ~,_.., _ , ' - - `` ~'~ ~ ~~~ i - ~~`~ ~ `~' ~ ~ ~~I~ ~ ~, y `~;~..~~ I~i i f ~. J ~~~ ~, ~ LJ _. !~ t''~ MUSEUM ~ - ~ , ~,^-'~ ; ~ ~~~ ~ ; ~ G---0 ~ , / / ~ ~- ~. ~ ~ ~ CARDEN I ~~ ,`~ ~~~ 1~' %:~ i' / . _ ~ ~ '~ ' , ~ I ,"-~J ~ set.~ru~ ; ~ ~ aroRi ;` / ~~ ~~ D TRU K AND IL /, /~ ~' \ ~j PARKING ~~~ EA ~ j~~,C~ / C--~ ; ~"~ (L, ~ ~ BREWSTER ~ ti ~~ ~ ~ j ~ ~~E ~N ` ~~~ I ` ~ i.i ~ i ' ~ ~ HUGH i ? ~~/ ~: ~ Q j ; ~' ~ ~ - ~~ ~ AMERICAN BANK ~ ~ ARENA i ; rt ~ ~ ~ ___~ C ° i i ~C i ~ I ~ CARNIVAL C ~ Q ~ , AR FA --~ ~' , `-~ `' ~ ~ (L~ i ~ ~ ~ ~- , ' i i ~, , ~~, ~ ~ N' I~ ~ ' ~ CARNIVAL 1 i~ ' W ' ~ ~ ~ ~ ARF1~ ~ t~ ! . ;~ ~; N; J~' , ~ ~ , ~ _~_ PALO AL 0 -. r--- --~ ~ i i~, I ~ 'i i ,' . , ', CARNIVAL ~ ,i , , ~ AREA f ~1 : ' ; i ! ; I j ~ ~~ ~- , _~ P R 5T. ~~ . ~- ~ t ~ ~ ~ SCaL~: 1 "=3~G' BUC DAYS RODEO BBQ CHALLENGE EVENT SITE KEY ~ - STREET CLOSURE EX$~IBIT ~A ~ - SITE PLAN - ' S: JEC~': STREET C~QSURES Tra~c Engineering Div. ~,~ BUC DAYS BBQ CHALLENGE & RODED FESTIVAL Engineering Services Dept. -14y- ., _._ ~. _..~. _~,... ,,.. _. ~. w.. .~..,., a.. ,, ~ ,_ ..~.~ r _,.~..,k- ~. _ _ A _ _ . ~. __ ~ ~~ -_~``_~\ --- /'~~ ~ ~~l _ _ _ ,, , : ,, , ~~ ~ ~~ ~ - _v ~, ,'`~ ' ,~ ~ ~ ~~ ~~~ ;x f'._`/ ~~ ~~ ~ `-. . .. . ~ ~; C~ r~---' MUSEUM ~ ~ - i" / ; 1 ~ ~ ~ i j / ~ J, j /~~ / ~''. . ~ /~ F / / \ ~ ~ ~ / f+ / ( '~ / I ~ ! ~ ,~ % ~~,~ ~~~ I ~ ~ e ; ~; ; ,~., ----~ ---,, o r, ~ ~ ; K AND IL ~~ i~'' -~ D \~ / / ?% 9~ PRRKING ~~ EA ~ r~ ~ "~~ ;~ ~ ~ ' ~"~ ~ ~~~ ' ~ D ~ BREW R ~ I , n'~ ~, i C,~ ,~ i n ;~ I ; ~ Q ~~ ~, ~ ~ , HUGH ~ ~ ~ ~~: ~ ~ I " ~ b Ij ~ I ~ ~ ' R RESACA ~T. ~a .- ~ ~ ' f ~~ I ~ 0 : ~ ~ G '. ~ ,° I i ~ C ~~a I '~: ~--_-~ ~~\.__~-~ ~ ~"c~c^_1 I ~ ~~~; ~ A~ N , ~~ , ~N,, ~~!, ~ ~ ~ g~ ~ ~ ! i J; ° I ~ c~i 3 ` I vi ~ ~"" ~ ALO AlTO --1 r-- - ~ ,~ i ~i~ I i I I ~ t, ' ~ i 'j ,'~ % II ~ ~' , '~-- -J ) ~ ~~ ~"'"'y ~ ~ GAROEN CONVENTION CENTER ~N_ SCA~_. 1 ' -3~G' ~ 3UC DAYS RODEC BBQ CHALLENGE EVENT SITE MAERILAN BANK utENa CARNIVAL AR EA CARNIVAL ARFA CARNIVAL ARFJ~ KEY ~ - STREET CLOSURE E~IIBI7 A ~ - SITE PLAN - . S BJECT: STREET C:.OSURES Traffic Engineering Div. =~ BUC DAYS B8Q CHALLENGE & RODEO FESTIVAL Engineering Services Dept. ......~ -149- .,~ ...m~ .. _ _ ,.,,,~. ,~ . ~.... ~ . _ , u . __ _ .~ _ _.. _ _~. _ . ~.. ._. ..._ ..~ _. .~_ _,,~ 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 ..,a ...~. .,,,. ..~, >. _ ,,,~e ...,,,,,~,.., . . _ ___. . ,.~.,. 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 C iDocuments and Settiqgs~lisaAlMy DocumentslBucDays.2007.Short.Terrr tease.doc ..~, ,.~,,. _.,. ~.4,. .,n,. ._..~....Y. _ .. . __ _ ..,,_ . _., w_____. .,.. _.....,.. .._._...r_....... _..r....._...... .... ,.. _.o. .,.... ,.~~. -,_„~, L W ~ ~~.y CC N ~ ~ .L a r- i L' t , ~ st ~ ~ ~i ~. ~ ~ ~ ~ t 2 ~ W ~~ ~ J ~ G v ~.. v y ~-`e :.L.' ~ / ~ ~~ L a EC N '~ $ -~ ~ S _ ,. ~ > ~ - ¢ mm ' ~, Y ~"~ - c , _ ~ ~°mn8\ ~ ~ 'ro ~ N z ~ .s 0 m --- ^ '~;. m ~ o. o. j o ~ ~ a ~ > a ~ y~ V ~ ~ ~ ~ _ , ~ ~ ; ~ o ~ ~ i x < ~ ~ ~ F ~ ~ - ~ ~ . a ~ ,; ~ ~--~-------------- ~, a , ~ ~ ~ i i i ; ~ 'a .. ; ~m ~ 3 y- ~ r Q z ¢ ~ LL7 ~ ~ ~ Y O Q ~ O ~ ~ R O \ ~ n \ x ' ~E ~ o U ~ O x ~ O ~ L ~ n.' S1. ~ Q ~ 1 ~ ~ ~ ~ ~ Q U C U a s 'e ~ ~ ~ ~ ~ m .~ ~ ~ U ~ ~ ~' O U \ ~ z ~ ~ _~ .~ ~ ~3 C ~ ~ H~ a ~~, ~a .1 ~O ~ b ~,~~~ ~ ~ o~~ v w o e g Y L W Z ga ~. . -~ -~ .. ._. e~_ . ~... _ ~ . ~_ ,,,, .~..__.. _ ..,._ . .,.~.__ _ r. ,..' ..~ .,,~ 0 ! ~' i ~ ~ ~~°~~ ~~~ ' r~ / ll~~~~ ___ ~ ;. , ; ; -- - - ~~k.,~, , ~~ ~O i ,~, , ~ ,~ ,. ~ /Y y_` ~ ,' % ~i ~ 1~ ~r~ ~ _.. , (" ~ r---~ MUSEUM /` ~ ~ ` J \_ ~ / 1 i i / / ~ % ~ i' ~ ~.~ % ~ is J j ~ i / i ~_ '/j I , I ~ ~ ~ /,- j J . ~ ~ ~ ~_~ r---~ / , ~/ ; %/ D ~ TRU ANb IL ' ~ ~ ~j ~ ; PA~tKING EA r /~` ~ ~--~ ; ~`~" ~ ~ t BRE1H~Si'fR { ~ ~ ~ ^~ o i r I f ~' I ~ ~ n ~ ' I ( I~ ~ f? ~~ ~ ~ ~ H Q ~ '~ ~J ~~~ b ~ .~ .. ~ ~~-- ~ ~ RESACA 5T. - , ~ ' ~ ; , o. ~ ^i i i ~ ~ ~ ° ' ' ~ ~ ~ ~ I''`~ _-~fi~6~ ; ---.--~ ~-- -~ ~ v~ ', x ~ IN! ~~ ~ ~ ~ ' W a ~ if ~ " ~ ~ ~; ~~ Jy ) ~ PALO_ AlTO 1 ; r~ ~ ~ ~ r ~~ ~ ~~ ~ I '' ' .~ ~ ,+ ' ~ ~~ s ) ~ ~~ ___i .-----~ ~- --~ EX~iIBIT ~ ~ - - :......~ S JECT: CONVENTION CENTER GARDEN N SCa~_. i ' =35a' 3UC DAYS RODEC BBQ CHALLENGE EVENT SITE AIAERICAN BANK ARENA CARNIVAL AR EA CARNIVAL AREA CARNIVAL AREA KEY ~-STREET CLOSURE - SITE PLAN - STREET CLOSURES BUC DAYS BSQ CHALLENGE & RODEO FESTIVAL Tra~c Engineering Div. Engineering Services Dept. -149- . ~ ~ . _ , _,.. _ ___ __ .~ . _.._ _... __. _._,,,,~ 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 C',Documents and SetWtgs`•,IisaAUuly Documer•ts~Bucbays.20G? Shc t Term ~ease-doc _ ,., ...,.... _~, _~ ... ,.is+, ,~ ,~..,~.. . _ . . _ _. _ .,.... _ ___. _._.~ ._ _~._ _~. ~ . _,..,,,._. .~......_...._...,.. ._..~._.. .,.,_ ...,.. Page 22 of 23 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 C`,Docume~ts and SettfngsUisaAlMy DocumentsiBucdays2007 She * Tern, ~ease.doc 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) C:~Documents and Set~!-gsUisaA~ly Document5lBucDays.2007 Shc~n Term Lease.doc .~ _._~ r~ . _,, ~ , v_;- ~,, .~, _ _. ..4..,.~. _.,. . _.». .... ~.... .........~.~....... ...~.,....,_. .... .,_..._. ...o. ._. , -,.. -.-..~.