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HomeMy WebLinkAboutC2007-106 - 5/8/2007 - ApprovedPage 1 of 11 ~ease for US Wind and Water Open 2007 Stats of Texas Know All By These Presents: Cou~ty oi Nueces This ~.ease is entered into between the City of Corpus Christi ("City~'), a Texas home- rule ~uniapal corporation, acting through its duly designated City Manager, and Epic Spor~ and Entertainment, LP, a Texas limited partnership, ("Lessee") acting through its duly ~lesignated Agent to produce the US Wind and Water Open 2007 (formerly known as Velocityr Games), and in consideration of the covenants contained in this document. 1. L]Me~ni~ions. a Lease means this document> including all attachments and exhibits that are re~ferred to in this document b City means the C'rty of Corpus Christi, a Texas home-rule municipality. c Le~aee means Epic Sports and Entertainment, LP. d Eva~t or the Event means US Wind and Water Open 2007, formerly known as V~elocity Games 2007 and related activities sponsored by Lessee. e Pr~rrrises means the site for the Event, more fully described on the attached E~chibi~ A. f City~ Manager means the City's City Manager or his designee. g Par1t's Director rr~eans the City's Di~ector of Parks and Recreation or his d~esignee. h Cit~r Tra~c Engitteer means the City's Traffic Engineer or his designee. i Tr~ic Control ~~n means the traffic control plan prepared by the Ciiy's `Traffic E~ngineer, or his designee, for the Event, as shown in the attached Exhibit B. j Pol~~e Chief ineans the City's Police Chief or his designee. k Ris~t Manager means the City's Director of Risk Management or his designee. I City Attorney me~ns the City's Attorney or designee. 2. 7'~rm. This Lease is for a term of five (5) days, commencing on Thursday May 10, 2007 and ending on Monday May 14, 2007. Lessee will be entitled to exclusive use of the l~remis~s for a period of five (5) days from Noon on Thursday May 10, 2007 thro~h 10:00 A.M. Monday May 14, 2007, and non-exclusive use of the Premises for 2007-106 OS/08/0'' Ord02724~ Epic Sports and Entertainment , ~,,, .,,.~,. ...,. ~. ,,~ . .,n.• ._ ,,..~...,,.... --...- .__._~.~.~. ,,,~ _ _ . ~ ~. .. _.~._ . m..v,. _~_._. ,~..~....,-,.. ,...: _ .,,~,, __ , ._ . .~. _. ~~ ~~, Page 2 of 11 the purposes of set-up on Wednesday and Thursday May 9 and 10, 2007 and for purposes of take-down on Monday May 14, 2007. 3. f~remis~s. City gr~nts to Lessee the privilege of using the City property descxibed on the attached Exhibit A to conduct the Event. The property is generally des~ibed as follows: a. Mc~aughan Park: The City property (referred to generally as McCaughan P~rk) bounded on the west by West Shoreline Blvd., on the east by East Shoreline ~d. (`~SB"). on the north by Park Ave. ("PA"), and on the south by Furman Ave. (`~A"); b. Mc6iee Beach: The City property referred to generally as McGee Beach. L.~~sset must at all times keep the Seawall Walkway free of obstructions and must keep spectators off the breakwaters. No specific area of the bay will be reserved a~td the City will not furnish boat patrol of the bay. Lessee shall furnish motorboat wMater rescue patrol, with safety personnel on the boat, during the Event; c. Patlcing Lot: (1) The parking lot bounded on the south by Park Ave. and a~jacen~ to the north side of McCaughan Park, bounded on the west by West S~oreGne Blvd,, and on the east by East Shoreline Blvd.; and d. Ska~e Park. Skate park located at Cole Park. 4. P~emis~rs Revisions. Activities by Lessee will be limited to the above described Prer~ises. If Lessee wishes to use any additional City-owned areas for its activities, it mus~ obta~n prior written approval from the Parks Director. No concession stands, rides, or o~Mer structures or apparatuses may be placed by Lessee on the grass or shrup-cove~red areas of tfie Premises except as provided by the site plan and Event Layo~ut Di~gram in the attached Exhibits A, respectively, without prior written approval from #he P~rks Director. If E~ibit A is revised, a new Exhibit will be filed with the City Secretary and Parks Dire~tor a~d supersede the existing Exhibit. Any new Exhibit becomes effective upon its fil~ng w~h the City Secretary. 5. ~ent trayout Diagra~n. Lessee must provide to the Parks Director a diagram expl~ning i~e Evenf layout at least 30 days prior to the Event. Layout of the Event is subje~ct to the approval of the Parks Director. 6. ~ecia~ Event Fee. Lessee must pay City applicable Parks and Recreation Spet~al ErtiMt Permit fee and applicable Traffic Engineering permit fee. 7. P~yme~t of City ColEts. In consideration for use of City property Lessee will pay the E~ty w~hin si~y (60) days after the Event ends the actual cost incurred by the City reiat~id to ~e Event, inctuding but not limited to the cost for those services provided by the F~arks 8~ Recreation Department, the Traffic Engineering Department, and the Police Depa~tment. .,... ,._,.,. . _~ ..~ m:,. .,,uF >..~,,,~,~ . _ . __.,. . . ~.., _ _u.. _.p.. ,~_: ._ . a._,,,,. ~y...~... ,.... _~.._,.~,,.. .,,,,, _., .,_....,,,.~ _.._.. ,~ Page 3 of 11 The t;ity vvill invoice Lessee for these costs within thirty (30) calendar days after the Eve~t. The invoice will itemize the City cha~ges for services rendered. Upon written requ~st of Lessee, the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days. a. Costs. Cit~s Costs in assisting with the Event may include: 1. Damages to C1ty property related to the Event, which will be billed at the cost c~f r~pair. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in sect~on 7.b., below. 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. L~essee will pay Citys Costs, if any, as billed within 30 days after City tenders rrr~oice to Lessee. b, No~e of Costs. For planning purposes only, attached as Exhibit C are estima~es of the rates and costs for City Services that may be provided for the E~vent. At least 60 days before the Event the Parks Director, Police Chief, and City T~affic Engineer will meet with Lessee representatives and execute an exhibit c~scrik~ng City Services to be provided for the Event and the cost to be paid to t~ty. That exhibit shall be attached as Exhibit D. Notwithstanding the cost shown in E~chibi~ D, Lessee shall be liable for all actual cost incurred by City related to the L~ent even if the actual cost exceeds the cost shown in Exhibit D. c. Labe Fee. Lessee's failure to pay the undisputed charges on City's invoice v~ithin 30 days after s~bmittal to Lessee shall result in a late payment fee being assessed against Lessee. 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 vu~ll be added to the net amount payable to the City. 8. [~pos#t. No deposit is required for this lease. 9. h~tice. Notice may be given by fax, hand delivery, or certified mail, postage prep~id, arxl is deemed received on the day faxed or hand delivered or on the third day after depos~t if sent certified mail. Notice must be sent as follows: If to City: Dire+c~or of Parks and Recreation City ~f Cor~us Christi P.O. '$ox 9277 Corp~as Christi, TX 78469-9277 (361)880-3461 If to Lessee: Epic Sports and Entertainment, LP Jessica Davila-Burnett 508 N. Mesquite Street Corpus Christi, TX 78414 (361) 877-8435 Page 4 of 11 FAX (361) 880-3864 e-m~l SaI~,rG@cctexas.com e-maa~l MichelleT@cctexas.com FAX (361) 877-8435 email: jessicaedavila@yahoo.com 10. P~rkir~. Lessee v~ll provide parking and signage for people with disabilities in clos~ prox~mity to the Ev~nt entrance and defined on the Premises map (Exhibit A) and ~'ven! Layout Diagram. In addition, Lessee will provide parking passes for City persannel scheduled to work during the actual Event. 11. E~rrica~cles, Traffic ~gns, Security. Lessee must provide barricades and traffic signs requi~ed by the City Tra~c Engineer that include temporary directional signage to the nea~by attractionsffacilities affected by any street closures and traffic circulation arou~d the Event, as shown in the Tra~c Contro/ P/an (Exhibit B). For the 2007 Ever~, however, no Exhibit B shall be attached, as no street closures are being requ+ested. Instead, such barricade and traffic requirements shall be detailed in the appl~able Traffic Engineering permit. Lessee must provide uniformed Security Officers for the Event assigned functions during set up and take down of the Event, during the Event and after the Event closes each night until it opens the next day. City will p~ovide crowd control and traffic control for the Event as the Police Chief dete~nines is necessary and include costs of Police Officers as described in Section 7 above_ 12. ~na~ and Advert~sing. Signage and advertising proposed for the Event must rece~e the Parks Direc~or's prior written approval. Lessee's Agent may request inflat~ble advertising only for events that receive national television exposure, which must be pr~e-approved by the Parks Director prior to being installed. Stree# access to Premises may not be blocked or partially blocked without detour sign~ge and alternate street access. Lessee must pay the cost of additional signage. 13. li~st raoms, Drinking Water and First Aid. Lessee must provide adequate port~le rest rooms, including restrooms for people with special needs, and drinking wate€ for the public as determined by the Parks Director. Throughout the duration of the l~vent Lessee shall also provide the following: (1) A readily identifiable first aid static~ with two certified paramedics; (2) an emergency beach vehicle [four wheel drive "Gator"]; and (3) motorboat water rescue patrol, with safety personnel on the boat. 14. Ir~urance. Lesse+e must furnish to the Risk Manager proof of Commercial Gen~ral Li~bility insurance for the length of the Event and its related activities prote~cting ~ainst liability to the public. The insurance must comply with the requi~eme~s of the Cit~s Risk Manager as shown in the attached Exhibit E. The City mus~ be narr~ed as an Additional Insured on all liability policies. Lessee must furnish the Cert~cates of Insurance in at least the minimum amounts included in the attached Exh~it E. to the City's Risk Manager two (2) weeks prior to the non-exclusive use periad . Page 5 of 11 Les~pee must require ali volunteers to sign an accident waiver form that Lessee must keep on file. This form must be submitted to the City Attorney for approval. In the event of aacidents of any kind, Lessee must furnish the Risk Managerwith copies of all repo~ts of any accidents at the same time that the reports are forwarded to any other interested parties. In ac~dition, Lessee must provide copies of all insurance policies to the City Risk Man~ger upon City Managers written request. This insurance must not be canceled, non-t~enewred or materially changed without 30 days prior written notice to the Parks Dire~tor. 15. lnd~mnity. Lessee must indemnify and hold City, its officers, ag~ts a~td emp/oy~es ("Indemnitees ") harmless of, from, and against all ca~airr~s, demands, actions, damages, /osses, costs, liabilities, exp~i-nse~, and judg~nents recovered from or asserted against Ind~nitaes on account of injury or damage to person or property to the ~extet~ that any damage or injury may be incident to, arise out of, or bre caused, either proximately or remotely, wholly or in part, by an act ~r omission, ne~ligence, or misconducf on the part of the lnd~rnni~es or on the part of Lessee or any of its agents, servants, emp~loye~s, contrac~ors, patrons, guests, licensees, or invitees ent~r-ing upon the f~rremises pursuant to this Lease, to set up and fake dov~n, h~al, attend vr participate in the Event and associated actirritiea, with the e~rrpressed or impJied invitation or permission of tes~ee, or when any injury or damage is the resu/t, proximate or rerr~te, of the viola~fon by lndemnitees, Lessee, or any of its agents, serr~nts, employees, contractors, patrons, guests, licensees, or invi~ees c~f any law, ordinance, or governmenfal order of any kind, or whe~t art~ injury or damage may in any other way arise from or out of the ~rnprovements ltctccafed on the Premises described in this Lease or out ~af ti~e use or occupancy of the improvement to the Premises or the ~'rer»~ses itself by lndemnifees, Lessee, its agents, servants, empNloy~es, contractors, patrons, guests, licensees, or invitees. The~e ter~rns of ind~rr-nification are effective whether any injury or dan~age r~ay result from the so/e negligence, contributory negligence, or c,~ncr~rrent negligence of lndemnitees, but not if that damage or injc~y re~u/ts from gross negligence or willfu/ misconduct of the Ind~rnni~es. Lessee covenants and agrees that if City is made a party to at~y li~ation against Lessee or in any litigation commenced by any par~y, oi~er than Lessee relating to this Lease, Lessee shall defend City~, wit~r counsel acceptable to the City, upon receipt of reasonable not~e re~garding commencement of that litigation. _ ~ . ~ ~. ..~ ~_ ~,,, ~ ~~,~,~,. _ . ._ __~. _ ~ .. . . . _a . _ .$, . ~ ~ _.~_.~. _. _ _..~ . __.._ .,... .. __ _ -... _. __ __.,,,, Page 6 of 11 16. 9~fety Mazards. Lessee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. 17. D~emag~ts to City Property. Parks Director will provide to Lessee a list of damages t~ City property within finro (2) days after the close of the Event. Lessee will rest~e all items on the list within three (3) days after receipt of the list. If Lessee fails to restc~e all items on the list, Parks Director may do so and invoice Lessee for Costs, as set out in Section 7 above. Les;~ee or i#s agent must fill and compact all holes in grassy areas made by Lessee or any ~rntity or person participating in the Event. Parks Director must approve fill mate~rial. Any subsidence within the Premises must be additionally filled by Lessee or its at,~ent un#il no subsidence occurs. 18. P~ven~nt, Curbs, S~dewalks, Seawall. Any work that involves holes or other chart~es in the pavemen#, curbs or sidewalks or seawall requires the prior written appr~val afi the Cit~s Director of Engineering Services; provided, however, no approval will b~e giv~n if that work will require subsequent repairs by the City. 19. P~Srmi~. Lessee must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. In parti~ular, Lessee must obtain a Regatta Permit from the Coast Guard to use the watet~ways for its Events. Lessee must also obtain a Temporary Promotional Event Perrrr~t from the City Buitciing Inspection Department and an Alcohol Permit from the Park$ and Recreation Department, if alcohol will be sold at the Event. Lessee must notify the P~rrks Director of any special conditions imposed by any permitting agency. Les~ee must require al! vendors to obtain and comply with appropriate permits from the City-~County Health Department for sale of foods and protection of the public welfare. 20. C~eanup. Lessee must require all food and beverage vendors to clean a desic,~ated zone adjacent to their respective booths at regularly scheduled intervals. Les~e m~y designate the zone, but it will not be less than 10 feet by 20 feet in the imm~ciiate area around each food and beverage booth. The clean up will be hourly and imm~rdiately after closing the Event each day. All trash cleaned up must be properly dep~ited in a trash bag provided by Lessee and taken to a location designated by Les~ee. If the~e are any storm water inlets anywhere within the Premises, Lessee must install scre~ns, ap-proved by Stormwater-Utility Division, across all storm water inlets along Shor-~lline and within any closed streets within the Premises and along parade routes. Drair~ge must not be blocked. Lessee must remove the screens after the close of the Eve~. Hoa~ever, Lessee must remove screens (along with any trash that has accu~nulat~l over the screens) immediately if heavy rain is imminent, or upon the direc~on o# the Stormwater Superintendent or designee. Page 7 of 11 21. C~nst~ction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These strudures must be removed within the non-exclusive use period in Section 7. Con~ruction that causes damages will only be allowed if Lessee provides the Parks Dire~Ctor prior written assurances that Lessee will remedy said damages in accordance with Section 17 above. 22. Trlmpc~rary Buildinc,~s. All temporary buildings moved onto Premises for the Evet~ mus~t be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non-exclusive use time period. 23. ~ectri~al & Water S~rvices. Electrical and water service is not provided on the PrerMlises. A Temporary Promotional Event Permit from the City Building Inspection Divi~on is required in order to install electrical service for the Event. A Certificate of Occ~ancy is included and must be used to have all temporary services (such as food, elecfi-ical, plumbing, tents, and structures) inspected. It is the responsibility of Lessee to call aach inspector for an appointment to inspect and get approval for each temporary servi~e be#ore the Evenf begins. City ~utharizes Lessee to access and temporarily modify City~s existing electric service distr~ution center in McCaughan Park in order to distribute electric service to Prer~ises. Lessee, at Lessee's sole expense, shall remove the modifications within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this Leas~. L~aee shall reimburse City (under Section 7 of this Lease) for electric service consumed during the Term of this Lease. 24. P~rmissible Vendor Location Markings. No paint or semi-permanent marking will k~e perrnitted that in any way obliterates or defaces any pavement markings or signs herel~fore existing for the guidance of motor vehicles or pedestrians. Chalk or tape mark~ngs may be used to pre-mark locations on the sidewalk or street. (Painted marlt~ngs of any type will only be permitted in grassy areas). 25. [~spuie Resolution. City and Lessee agree that any disputes that may arise betw~een th~em concerning this Lease, such as determining the amount of damage to Cityprope~rty related to the Event, will be submitted for determination and resolution, first ~p the Parks Directc~r, with a right to appeal to the City Manager. The decision of the C~ity A~nager will be final, unless that decision is appealed to the City Council by givin~ writ~n notice of appeal to the City Secretary within 10 days after the written deci~ion of the City Manager has been sent to Lessee. In the event of an appeal, the deci~on of the City Council will be final. This Lease in no way waives Lessee's rights to se~k other legal remedies during the appeals process. 26. ~e L~es. Lesse+e must, at all times, during the Event and the non-exclusive use ~eriod, maintain fire lanes upon the Premises as may be designated by Cit}~s Fire Chief. The ~ire lanes mus# be kept clear of all obstructions. ..~ ,:~.., _., ~ _, ,,,,~. ,~._.,,,......_ _ _ .. _~. ~ . ,... . ...r. .._,, .. ~:.. , _~... ....._ ...~.._._._, _.. __~...._..~. .~... ~._ ___....~ __..._ . --.+- Page 8 of 11 27. Assign~nent. Lessee may not assign or transfer this Lease or sublease the whols or any part of the Premises or make any alteration therein without the prior written consent of the City. 28. T~rmination. Any failure on the part of Lessee to perform any of the covenants cont~ned in this Lease, or any breach of any covenant or condition by Lessee entitles City ~o terminate this Le~tse without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Lessee shall cons~itute a waiver by or estoppel against the City. In case of any termination City is entitl~d to retain any surns of money paid by Lessee and those sums inure to the ben~t of City as a set-off against any debt or liability of Lessee to City otherwise accrued by breach of this Lease. 29. I~ht c~f Lessee to Use Public Property and Streets. Lessee acknowledges that ~e corrtrol and use of public property and streets is declared to be inalienable by the C~ity and except for tMe use privilege granted herein, this Lease does not confer any right, title, or interest in the public property and streets described herein. The privilege to use t~e C~y property and public streets granted herein is subject to the approval of the City Council as required by City Charter and ordinance and the compliance by Lessee with ~he terms and conditions contained within this Lease. 30. IV~t Partnership or Joint Venture. This Lease may not be construed or deemed by th~ parrt~es hereto as a partnership, joint venture, or other relationship that requires the f~ty to cosponsor or incur any liability, expense, or responsibility for the conduct of the ~-ent or associated activities. Payments received from Lessee by the City are compwensa~tion for provision of City services as described herein and for the right of Less~ee to use public property for the limited purpose described in this Lease. 31. C,i~-mp~nce with Laws. Lessee must comply with all applicable federal, state, and t~cal I~ws and regulations including without limitation compliance with the requi~ements of the Americans with Disabilities Act, all at Lessee's sole expense and cost. 32. IViDn-d~crimination. Lessee warrants that it is and will continue to be an Equal Oppcxtunity Employer ar~i hereby covenants that no employee, participant, invitee, or spec~itor wi11 be discriminated against because of race, creed, sex, handicap, color, or natia~al origin. 33. S~curi~. Lessee must provide uniformed Security Officers during set up and take down vf the Event, during the Event, and after the Event closes each night until it operti~ the rrext day. Lessee will assign these Security Officers to certain tasks. These Sec~ity O~!icers must be off duty City police officers that are paid directly by Lessee; provi+~ed, however, the Police Chief may determine that a security guard service will be adeqt~ate for the Event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off-site traffic ..,, _ r.R ~ .. , _ .,~,. .,. ~ s ~ _ . . w ,~. 2. .. a .. _.a . . ~. . _.~_. _ _.., .._. W,,. ..,.. _,_ .._ ...,.. _._,__ _ ......, Page 9 of 11 control. The Police Officers will be assigned duty stations by the Police Chief, or his desi~ee. Lessee shall pay to City the cost for these services as provided in Section 7 above. 34. C~nce~ation of Ever~t. City Manager, or his designee, reserves the right, at all time~ and in his sole discretion, to cancel the Event if cancellation is necessary to proterct the public health, safety, or welfare. If the Event is cancelled under this section, Less~ee retieves City from all liability that may result from the premature closing of the Evertt. 35. E#~tire Lease. This Lease and the attachments and exhibits referred to in this Leasie con~itute the entire Lease between the City and Lessee for the use of the Prer~ses for the Evenf . All other Leases, promises, and representations, unless contatined in this Lease, are expressly revoked, as the parties intend to provide for a com~ete understanding within the provisions of this Lease and the attachments and exhit~ts referred to in this Lease, of the terms, conditions, promises, and covenants relat~hg to Lessee's operations and the Premises to be used in the operations. 36. I~terpr~+tation. This Lease will be interpreted according to the Texas laws that govem the interpretation of contracts. Venue lies in Nueces County, Texas, where this Leas~e was entered into and will be performed. The h~eadings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The ~nenf€r~ceability, invalidity, or illegality of any provision of this Lease does not rend#r the other provisions unenforceable, invalid, or illegal. 37. Il~ndifitations. No provision of this Lease may be changed, modified, or waived, unle~ in w~iting signed by a person duly authorized to sign agreements on behalf of each party. ... .~..~. _~ ..~~_,_. .~.,,,__.. -~.~...~_w ~ __~w _ _ .... _ _ ~_ ,~.,. _. ~_u...__~ f__. .,~~ .. ~ _..,,.. ._.. ~_. #... .,,.P _. ~ ._,,. Page 10 of 11 Exec~+ted in Duplicate Originals on ___1~~ L~;~ ~~ , 2007. LES~E Epic ~po and Entertsinment, LP B ~ ~- Nam ~ e i~ica avila-Be~me , anager, J2 Sports and Entertainment, LLC, sole gene~al partner of Epic Sports and Entertainment, LP STA~ OF TEXAS COI~TY 1!~JECES This ~strument was ackrtowledged before me on 0 , 2007, ~le~sica Davila-Burnett, Manager of J2 Sports and E rtainment, LLC, sole general partr~r of ~ic Sports a~ tertainment, ~P, a Texas limited partnership. ' ~ Nota~r Pub#c, State of Texas Print~d Name: ~~m ~-~' ~-° ~~__ ~~_ Seal: Expir~tion Date: ~a,~~~-~""~•~• TAMERA L RILEY 3, ~4~,~ Notary Pubfic ~ ~ S7ATE OF TEXAS `~~!~ My Comm. Exp. 05-26-2008 ~._.,,,,. _..~.R. _ r.x. ~ ~.. ,,.~„ _ a,.~.~.,.,.,. . ~ ~ a ~ x _ .,~_. Page 11 of 11 ATT~ST: ! - Arm~do Chapa City ~ecretary CITY F CORPUS CHRISTI orge K. Noe City Manager APPROV~D May 1, 20U7 ~„ti:?~, ;~t -i,...~~~,. Lisa A~guilar~ , Assi~ant Ci#yy Attorney For C~ty At~orney STA~ OF TEXAS ~ COU~ITY E~ NUECES ~ ., ` Ml ~` ~ ~ `~,.~~Ul NUkic... !1i GOIiiYCll „~~~~~~..,... !'kL -.r...,...~, SfCRIE~tv, ~ ~- ~ This ~strurr~ent was acknowledged before me on ~, 2007, by George K. Noe, ~ity ~nager of the City of Corpus Christi, a Texa ome-rule Municipal CorpQ-ratibh, on behalf of e corRoration. ~ ~ l~~' Y "'~ l "i ~C~PY PV ~ f ~ =oc BG~ Conn~e Parks li Notar~y Public, State of Texas ;' "~;~, My Commission Ex } Printed Name: Seal: rl "~ p P~~~~ o ? 9~ of ~ November 09, 2007 ~ ~..-~,._.. ~-~--- ~ Expir~tion Date: d aJ > ~ I ~ , _ ~ ~ ~ ~~ ` ~ ~ 7 i ~i~l - ~ ~~ ~. _ ~~, , , ~ L ~i~ ~ i ~(, ~ / z~ ~ 1 ' ~ I ~ _ - _ ~ ~ ' y, _ --j _- j F ~. ~ , ~~'~ ~~ , , ~ - _ _ _ ~ . ,' ', - ~- - - - -- ~ ~ ~ ~' ~ ~ ~i ' ~ - _ - - ~ ~" ~ I ~z f ~ ' `i , ~ 1 ~ ' ~ ~ ---. _ _ I, ~-.--_ ~ ~ b-I~ f { '~, ~ ~mv~i - r ~ ~ ~_ ~aw ~ ,C ~ ~ (il ~.~~ ~ `~~ ~~_~' ~~ Zz ~ 1 < O O, Q a ~ ~ ti ~ ~ ~~ ^ ~ ~~ ~ ~ ~ - I 0 ~~ - n .,_ '~~ _~- ~. ~~. \- _ _- ~ Q ~ , ~ y ~~ ~w -- ~~ ~ ~o ~ t IJ>~ i ~~ '' !~~ i"` ~ ~~~~~ z ~ ~ ~~ ~ ~ r c~° ~ ~ ' ~~-- - cr ~ `.~ _ ` v~ c, ~ , ~ i , ' iL[J ~~ ~~ . 'y~:~ ~~ i iZ ~ ~ ~ ,~ ~ ` ~ ~ i i ti' ,~ ~ I ~ , ~ i0 1 ~n~ ~E ~ .~~ ~~ ~~~ ~ ~ ~ ~ , ~ - ~~ ~ , ---~` - ~I ~~~'~/~ Z ``~ - o ' \, ~~ ~ ` ~ ~ ~„ ~ ~\ ~ ~ ~~ ~ ~ ~o I~ . z~ o~~_~~~ y ~~ d U ~ -- I Q Yw ~O r- --_ _ ~ o -~ - a~ cf> . a ~ ~ ~ °'- ' o z m v~ Z W I ~ --__ _ ~~z Ud Z ~ `~' ` W ~ W ~ m ~ i ,_, > i 2~ .. w U ~ ~ o c, ~ .0 l ~'-~ Z'' ~7 W I ~n~ U (~ I ~ ~Z ( ~ ~ ~ ~ `~- w ' ~ ~ ~ ~ ~,~_ ~ ~ : '' ' ~ - --.__ .., ,~ ~- - -~--~_..;, ~ \__ic~_ _ ~., W - . ~ ~ " i 4 ~ i , ~ ..-~ ' . I , (V ~ , U~MPN s~; ~ --~, ^~ I ~, ,`~ ` ,-, F . ~ ~~ ~ , ~ ,~~ ~ ~ ~ ~,~ i + } ~ ~., ;7~ ~-, I ~ :' / J .. /// \ ~ ~ J ~ ~ ___._ ~ ~ ~~a -- ~ t ~ ~ ~~ ' ; _ ~I I I I ~ I----~~~~ ~ ~ ~ 1~ pi .c.1 O C ~ N y N ~ ~ ~ ~ O1 C L W L Q ~ Q ~ c ~ ~rn ` w F- z O Q U OO W Z ~ ~ V Z W C~ _ ~ W ~ _. W ~ Z m ¢ _ W ~ W g ~ z ~ w > ,_.., w U ~ J ~ W ~ W O ~ N (/') " ~~ ,,~. ~,,,.. .~ ~_ : ,~. .. .~.~, . . . a ,~.~ ~.... _., . ~.._. .~ ... _,~.~.,..,. ~_ ~ .._ . .. ____ __.,_ .,.. ,~.., _. ~... ...e,.~ EXHIBIT INSU CE REQUIREME~ITS A. Lessee r~ust not commence work under this Lease Agreement until all insurance required herein has been ob~ined and approved by the City. The Lessee must not allow any subcontractorto commence work un~ all similar insurance required of the subcontractor has been obtained. B. Lessee r~nust furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the followin~ minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additianal insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYf~ OF INSURI~-NCE MINIMUM INSURANCE COVERAGE 30-Day w~ritten rtatice of cancel~tion, non- renewal, ~ater~ change or ternnination is required ~pn all c~rtificates COMMEF~CIAL GENERAL LIABILITY induding ~ Ct~mmercial F~rm 2 P~mises - Operations 3 P~oducts/ Completed Operations Hazard 4 Cpntractt~al Liability 5 B~ad Form Property Damage 6 lrxdependent Contractors 7 P~trsonai injury WATERC~tAFT LIABILITY LIQUOR LIABILITY 1. V~endors providing and i or selling alcohol Bodily Injury and Property Damage Per occurrence aggregate $1,000,000 Combined Single Limit $500,000 Combined Single Limit $1,000,000 Combined Single Limit AUTOM~ILE LIABILITY -- Owned, Non-owned or rented ve~icles L Conl~actor~ & Subcontractors delivering tents, $500,OOOCombined Single Limit sta~s, ble~chers, temporary structures and large items Le~ee warkers and volunteers WORKERS' COMPENSATION AT A MINIMUM , STATUTORY LIMITS of $20,000 / $40,000 for BODILY INJURY &$15,000 for PROPERTY DAMAGE Required if Lessee employs any person other than himself/herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOY~S' LIABILITY RCCIDENT POLICY FOR VOLUNTEERS $500,000 $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the evt~nt of accidents of any kind, Lessee must furnish the Risk Managerwith copies of all reports of any ac~idents within 10 days of the accident. 2007 Ve~city Gamfls ins req. 3-29-07 ep Risk Mgr~f If. AC~ITIQl+IAL REQUIREMENTS A. L~see must obtain workers' compensation coverage through a licensed insurance company in ~ccordance with Texas law. The contract for coverage must be written on a policy and wit~ endorsements approved by the Texas Department of Insurance. The workers' co~npen~ation coverage provided must be in amounts sufficient to ensure that all workers' co~npen~ation obligations incurred by the Lessee will be promptly met. B. Ce~tifical~ of Insurance: ~ The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause ~bo#tom right) must be amended by adding the wording "changed or" between "be" and "canceled" and deleting the words, "endeavorto", and deleting thewording after ~left". In the alternative, a copy of a policy endorsements with the required cancellation language ~s required. ~ The name of the event, including exact dates including move-in and move out da~es shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items. • At a minimum. a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non-renewal or termination is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded 2007 Velocity G~tnes ms. req. 3-29-07 ep RiskMgm? LIS wTND AND WATER OPEN 2007 Epic Sports and Entertainment, LP Estimated Expenses** Pfp~k a~nd Recreation Expenses P~k Op~rations: 1.) Barrels $330.00 ?.) Restroom cleaning I i ~~erson~ $500.00 St~eet I~partment Expenses'~ St~eet Drc~rartment Serv~ces: 1.) In the Del Mar Subdiv~sion as per our standard plan. Set up Friday morning before 9am and take down Monday rnt~rning before 9am. Labor $530.00 Vehic(es $50.00 Equipment $84.00 2.) Along the north bound tane of Shoreline on the Seawall side from Holiday Inn to 50 feet north of the Wiener Schnitzel stand. Set up on Thursday afternc~on bef`ore the end of the work dav and take down on Mondati bef~re 9am. y Labor Vehicles $160.00 $ l 5.00 TOTAL: $1,669.00 * S11reet I~artment Expenses - Lost cones will be additional expense. Costs of lost cones are as f~llows: 28" cones are .g15/each and 4?" cones are $45 each. *'~i~ Wi~d~ and Water Open 2007 ma}~ or may not use all services estimated on this sheet.