HomeMy WebLinkAboutC2008-116 - 4/8/2008 - Approved Page ~ of ~0
BUC DAYS si~~RT TERM ~oo~ LEASE AGREEMENT
Mate of Texas §
Knouv Ail By These Presents:
County of Nueces
This chart terra Lease agreement ~"Lease Agreement"~ bet~een the Dity of vrpus
Christi, a Texas hvmeirule rr~unicipal carporation ~i`~itY"}, acting through its duly
designated City Manager, and the Buccaneer Cornr~ission, Ina, {``Commission}'~, a
Texas non-profit aarporativn, acting thraugh its duly designated agent, is in
consideration afthe covenants contained herein.
~ . Def nitions.
a. City -means the City of Carpus Christi, a Texas home-rule municipality.
b. City Attorney -means the City's Attorney or designee.
c. City Traffic Engineer -means the City's Directar of Engineering services or
designee.
d. City Manager -means the City's City Manager or designee,
e. Cor~rnission means the Buccaneer Commission} Ina., a Texas non-profit
corporation,
f. Commission's Agent - means a duly authorized representative of the
Buccaneer Commission
g. Event -means the annual Buccaneer Days Festival ~"Buc Days"} and related
activities sponsored by the Cornr~issior~ including carnival a baroque aaok~off
slang horeiine Blvd; and parade Events. The Event dates are described in
eatian ectian and Exhibit B.
h. Parrs Cirector -means the City's Director of Parks and Recreation or
designee.
i. Police Chief ~ means the City's Police Chief ar designee.
Premises -means the Event sites far the Buccaneer Days Festival and related
activities mare fully described in ectian 3 and an the attached and incorporated
Exhibit
. Projects ~ eavuall repairs and renovations. The Projects gill affect parking,
streets, and Premises identified in this Lease.
1. Risk Manager - means the City's Directar of Risk Management or designee.
0410SI0
ord. ~~74~ }$.~n~r~.re~m.~eas~.~oc
Buccaneer 'om~nissian
Page ~ of ~
r~. City secretary ~ means the City Secretary or designee
Term. This Lease Agreement takes effect upon execution by the City Manager.
The Connmiion gill be entitled tv nonexclusive use for purposes of set-up and
take-dovun~ and exclusive use of the Premises described belor~, for the periods
identified on Exhibit B. The City Manager may authorize amendment to Exhibit B.
Premises. City grants to the Cor~rniion the privilege of using the folloing
described City property to conduct its annual Buccaneer Days Festival for the exclusive
and non-exclusive uses dates set forth in Exhibi# B:
A. For the Rodeo, Commission, shall obtain a separate agreement uvith SM,
the City's general Manager of the American Bank Area Arena}.
B. For the BBQ Challenge: Premises are described in Exhibit A. Area is along
. Shoreline and hl. Shoreline, from Resaca Street north up to and including the
Barge Dack area located near Art IU#useurn of South Texas.
. For the Buc Days Carnival, Premises are described in Exhibit A. Area is
located on those paved areas bounded by the interior of the east curb line of ~I.
Shoreline Drive and the nest curb line of . Shoreline Drive and bounded on the
south by the north curb line of Povuer Street and on the north by the north curb
line of Resaca Street. Carnival area also includes lot bounded by . Shoreline
Drive, Fitzgerald, ~lllater Street, and Pale Alto. Carnival area also includes use of
unoccupied portions of bloolC bounded by S. Shoreline Drive, Fitzgerald, vl~ater
and Resaca.
D, For the Buc Days Cir~cv de Mayo Celebration on May 4, MoD: Premises are
described in Exhibit A. Area is along , Bhoreline and N. Shoreline, from Resaca
Street north up to and including the Barge Dock area located near Art Museum
of South Texas.
E. If any of t#~e desired Premises include use ofthe American Bank Arena Area
~"Arena Area"} described herein, Commission shall obtain separate agreement
pith SNi, the City's general Manager of the Arena Area. The Arena Area is
described as follov~rs; Those paved areas bounded by the interior of the east curb
line of N. Shoreline Drive and the avast curb line of S. Shoreline Drive and
bounded on the south by the north curb line of Poser Street and vn the north by
the north curb line of Resaca Street, and to end of Shoreline Drive turnaround
Brea and Barge Dock, including sidev~ralk area of the seaall; those paved areas
of Palo Alto Street bounded by IV. Shoreline Drive and iV. Vllater Street; and
those paved areas of Fitzgerald Street bounded by I~. Shoreline Drive and N,
Vote r St reet,
F. For the Buc Days Lighted Parade on May , ~~g; Parade begins at Buc
Stadium, goes douvn Leopard, to Schatzelt turns right off Lavrrence, fives south
on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on
H:ILEG~gIRlLisa1~008 Parks and Re~re~tion~ucpays.2408.Short.Term.Lease,d~c
Page of ~o
southbound shoreline Blvd. Memorial Doliseum area. street closure and
parade permits must be obtained a required in sections ~ 1 and ~1 below.
. For the Junior Parade on April ~OO~; Parade begins in Heritage Park,
starting at Brewsterat N. Tancahua, south down N. Tancahua to Weldon, left on
Belden to to Mesquite; north on Mesquite to Breweter, Breakup area is in the
Brewster, ~ Tancahua area. street closure end parade permits must be
obtained as required in sections 'I 1 and 21 below
H. For the Buc Bays Lighted Parade, commission has exclusive use of the
parking lot located south of Memorial coliseum, on May , ~gg8, for the times of
S:oO A.M. to Midnight, to serve as secured parade breakup area.
f. Landscaped areas within the Premises must be protected during the Even#.
J. For all activities on the barge dock and adjacent waters, commission shall
obtain separate agreements with all necessary parties.
4. Premises revisions. Requests by the Domn~ision for use of additional
pity-owned areas require prior written approval from the Parks Director, No
concession stand, ride, vehicular par#cing, or other apparatus connected with
commission may use the grassed or shrubbed areas, including the newly landscaped
rrredlan, in front of the Arena, In addition, no structures, scaffolding, bleachers or
vehicles are perrnitked on the seawall without prior written permission from the Parks
Director. The om~rision will be using the medians located on Shoreline Blvd. from
Power street to Rsaca street.
Repairs to the seawall may significantly impact and change the Prerr~ise Exhibit A~
and other parks of #his lease see Section If Exhibit A is revised, new Exhibits A
will be executed by the Dity Manager and commission Agent and filed with the pity
Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A
becomes effective upon filing with the Dity Secretary,
v. Event layout Diagram ~ExhibitA, preliminary, attached}. The omrr~ission's
Agent must provide the Parks Director a diagram explaining the final Event layout for
all related activities at least two weeks prior to the Event, Layout of the Event is
subject to the approval of the Parks Director,
. Special Event Fee. The Domrr~ission must pay pity a one-time Special Event
Permit fee of ~S~.oD under City ordinance,
7. Payment of Dity ost~ In consideration for the use of pity property the
aromision will pay the Dity within O days after the Event ends each year the actual
cost incurred for services rendered, including any other City services provided by
departments other than Parks Recreation and Police, less any amour#~s} that the
~orrrmision has disputed. An invoiced amount will be considered to be in dispute
upon receipt, by the Parks Director, of a written notice from the commission. The
written notice must de#ail the basis for the disputed claim and must be received by
H:1L~C-DIR1Lisa12008 Parks and RecreatianlBucoays,2~~&5hork.Term.Lease.doc
Page 4 of 0
Parks Director within twenty X20} calendar days ofCornmission's receipt of City
invoice. Resolution and payment of any disputed amount{} will be governed by
Section 7.
The Parks Director will invoice the Cornrr~iion for the casts within thirty ~a~
calendar days after the Event. The invoice will provide are itemized breakdown of the
City charges far services rendered {such ~ set up and tape down, Event clean-up,
street sweeping and repair categories}. Upon receipt of written request of the
Commission's A~~ent, the Parks Directorill furnish reasonable supporting
docurr~entation of the charges within ten {1 D} calendar days. If there is ~ hurricane or
other weather activity that eliminates the Event ar that reduces attendance at the Event
by mare than 5g°lo from the prioryer' attendance levels, the City illlanager is
delegated the authority to adjust the billing of City's Direct Costs.
A. direct Costs. City's Direct Casts in assisting with the Event may include, but
are not limited to.
~ . Damages to City property as a result of the Event, which will be billed at the
cast of repair: Commission may repair damages within ~ days.
Casts of labor contracted far clean up, or additional clean up required by the
Directors of relevant City departments, at applicable City rates for the year
billed, see Section below. The Commission will be given the opportunity to
hire and work its own clean up crew during and after the Event.
. Costs of Police officers provided for security, crowd control, traffic control,
and off-site traffic control, at applicable City rates for the Police officers
assigned. For the ~aa8 Event, Commission shall be responsible for 1 gD°l~ of all
non-police City Direct Cots,l a0°l~ of all City health permitlvendor and related
fees, and ~0~1~ of police overtime.
4. Casts of additional directional ignage, barricades, and canes are
Camrnissian' responsibility {see Sections ~ and a well as any other
services requested by Commission's Agent and provided by City.
Cif gill provide an itemized bill of Direct Casts, if any, within 0 days offer the
Event closes. Commission will pay City's Direct Casts, if any, as billed within 3g
days after City tenders the invoice to Cornrnision, less any amounts}the
Commission has disputed in accordance with the procedure above.
Notice of Costs. For planning purposes only, attached as Exhibit ~ are
estimates of the rates and casts far Cr'ty Services that may be provided far the
~verr~. At least ~4 days before the ~ver~tthe Parks Director, P~lfc Chief and
City Trai'c ~rrineer will meet with Commission representatives and execute an
Exhibit describing qty Services to be provided for the Ever~~ and the cost to be
paid to pity. Commission shall be liable forall actual cast incurred by City related
to the Dvent even if the actual cast exceeds the cast shown in Exhibit
~;1LEG-~lRl~isa12008 Parks and RecreationlB~c~ays.2~~8.~o~t.Term.~ease.d~c
Page 5 of ~0
. Late Fee. omrnission's failure to pay the undisputed charges ors City's
invoice within 3g days after submittal to omr~ission shall result in a late payment
fee being assessed against omission. The late payment fee shall be calculated
to be 5°l0 of the amount due, as shown on City's invoice, less any disputed amounts,
and said fee evil! be added to the net amount payable to the pity.
8. Annual Planning Meetings. Two months priorto this year's Event the Parks
Director, Street Director, Police fief, and City Traffic Engineerwill meetwith
Commission representatives to agree vn City Services to be provided and discuss the
casts of the City Services far the Event. ~n addition, Seawall repairs will require that
the Premises be reviewed with regard to the areas of set-up, parking, traffic control,
barricades, traffic signs, security, fire lanes, and fencing to determine whether the
Premises are irnpacted by the Projects and whether Exhibit A needs to be revised by
the Parks Director and Commission. If revised, new Exhibit A gill need to be filed
with the pity secretary}s oftwce. Comrr~ision' Agent ray request additional
meetings.
Deposit. The Commission must pay a deposit of ~,gg0 at least one month in
advance of the Event, made payable to the pity. The deposit gill be used to reimburse
pity for any casts incurred far trash pick up ar removal of any structures or repairs to
pity property, If no casts are incurred and Direct Costs are paid, the deposit will be
returned to the o~nmission uvithin a days af#er the Event.
~ Notice. Native may be given by fax, hand delivery, or certified mail, postage
prepaid, and is deemed received an the day faxed or hand delivered ar on the third day
after deposit if sent certified mail. Notice must be sent as follows:
If to pity: If to Commission:
Director of Parks and Recreation Executive Director
City of Corpus Christi The Buccaneer Commission, Ir~c.
P.a. Box 977 P.~. Box g~0~
Corpus Christi, T 7849-92~~ Corpus Christi, T~ ~~4D~-a4a4
8a-4~ X84-833 or 88~-~~4~
ICI V t 1 V~a~~ f l- I ~~irV~~
11. Temporary Street closures Exhibit to be attached upon oompletior~ of
street cioure process}. The street closure process will govern any necessary street
closures. Commission must provide the City Traffic Engineer and the Parks
Director its si# plan for the Event, application for the requested street closure, and
proof of alE affected property owners' approval of the proposed temporary street closure
in accordance with City ordinance. All street closures an a temporary basis are subject
to the requirements of City ordinances, Sections 49-1 ~ to 4g-~ , as may be amended,
and require the City Council to confirm the closures. The decision to confirm the
closure of the streets i within the sole discretion of the City Council acting upon the
application at the time the application i submitted.
H:1~~-~~Rl~isa120~8 Pans and Recreatior~lBuc~ays.2~~8.Sh~~.Term.~ease.doc
Page of 0
~ Parking. The Commission uvill provide parking and signage for people with
disabilities in close proximity to the entrances of the Event and its related activities
defined on the Premises maps. !n addition, the Commission gill provide no more than
~ perking passes far City personnel scheduled to work during the actual Event and
related activities.
~ . Barricades, Traffic signs. The Commission must provide barricades end traffic
signs required bythe City Traffic Engineer that include temporary directional signage
to the nearby attractionlfacilitie affected by any street closures and traffic circulation
around the Event. street access to Premises may not be blocked or partially blocked
v~rithout detour signage and alternate street access. The Commission must pay the
cost of additional signage.
~ 4. signage and Advertising. ignage and advertising proposed for the Event must
receive the Parks Director's prior written approval. Commission's Agent may request
inflatable advertising only for Events that receive national television exposure which
roust be pre-approved by the Parks Director prior to being installed. ~n all advertising
for the Event, Lessee shall recognize pity's contributions to the Event.
15, Rest Roams, Drinking Vllater and FirtAid~ The Commission must provide
adequate portable rest rooms, including retrooms for people v~rith special needs, and
drinking water far the public as determined by the Parks Director. A first aid station
must also be provided at each sate throughout the duration of the Event and its related
activities.
~fi. Insurance. Commission's Agent must furnish to the Risk Manager commercial
general liability insurance for the length of the Event and its related activities
protecting against liabilityto the public. The insurance must have a minimum policy limit
of 1,go~,ogo combined ingie Limit per occurrence for personal injury, death and
property damage. Commission is required to provide a ~ ,oootooD Combined dingle
Limit Automobile Liability policy, providing coverage for owned, non-owned and hired
vehicles. subcontractors and vendors who gill be loading or unloading equipment,
temporary structures, carnival rides, stages, bleachers, and any other associated
rr~aterials to be utilized for the Event roust have comparable insurance policies, which
rr~ust be filed at least 2 weeks prior to each Event. Cornrnision must also furnish
insurance in the form of an accident policy forvolunteers with minimum limits of ~o,ooo
for death or dismemberment and minimum limits of 5,00o for medical expenses. If
alcohol i served at any of the Commission's Events on Premises then liquor liability
insurance in the amount of ~,oDO,ooo ~ornbined dingle Limit rYrust be provided by the
entity serving the alcohol. The City must be named as an Additional Insured on all
liability policies. Commission must furnish the certificates of Insurance in at least the
above minimum amounts to the pity's Risk Manager two weeks prior to the
non-exclusive use period each Near.
Commission must require all volunteers to sign an accident waiverform that
Commission must keep on file. The City Attorney will approve the form. In the Event
of accidents of any kind, Commission must furnish the Risk Manager with copies of ail
H:ILE~-~IRILisak2~~8 Parks arty RecreationlBucDays.2008.Sh~rt.'~erm,Lease.tl~c
Page 7 of 30
reports of the accidents at the same time that the reports are forwarded to any other
interested parties. In addition, Commission must provide copies of all insurance
policies to the City Attorney upon City Manager's written request. Said insurance
must not be canceled, non-renewed or materially changed without 30 days prior written
notice to the Parks Director. The Risk Manager may increase the limits of insurance
upon two (2} mon#hs written notice to Commission.
17. Indemnify. Commission shall indemnify and hold City, its
officers, agents and employees ("Indemnitees") harmless of, from,
and against all claims, demands, actions, damages, losses, costs,
liabilities, expenses, and judgments recovered from or asserted
against Indemnitees on account of injury or damage to person or
property to fhe extent any damage or injury maybe incident to, arise
out of, or be caused, either proximately or remotely, wholly or in part,
by an act or omission, negligence, or misconduct on the part of the
Indemnitees or on fhe part of Commission or any of its agents,
servants, employees, contractors, vendors, patrons, guests,
licensees, or invitees ("lndemnitors"~ entering upon the Premises
pursuant to this Commission Lease Agreement, to use the Premises
and those portions of Shoreline and streets tha# are closed to set up
and take-down, hold, attend, or party"cipate in the Buccaneer Days
Festival and associated activities, on the Premises, with the
expressed or implied invitation or permission of Commission, or
when any injury or damage is the result, proximate or remote, of the
violation by Indemnitees or Indemnitors of any law, ordinance, or
governmental order of any kind, or when any injury or damage may in
any other way arise from or out of the improvements located on the
Premises or out of the use or occupancy of the improvement to the
Premises or the Premises itself by Indemnitees or lndemnitors, or
when the injury or damage arise out of, or be caused, either
proximately or remotely, wholly or in part, by an act or omission,
negligence, or misconduct on the part of the lndemnitors in
administering parade vendor permits.
These terms of indemnification are effective whether the injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of lndemnitees, and in all cases where
Indemnitees' actions are directly related to the Event, but not if the
damage or injury results from gross negligence or willful misconduct
of Indemnitees.
H:ILEG-DIR1Lisa12o48 Parks and Recreationl6ucDays.20o8.Shart.Term.Lease.doc
Page ~ of a
on~ii~n ovenar~~ a~ area fad if City i r~aafe a park ~o ar~y
li~ia~ion ~r~~ on~~ion or ~r~ any Ir`~~a~io~ corer~e~ by an
prey, o~~er ~r~ o?nrir`or~ r1~~rr ~#~is on~i~~r~ l~e~
Ar~r~en~, or~i#or~ ~a11 afefer~a~ icy upon receipt of reaor~l~
rro~ice rera~rrr cv??~enceren~ of the ii~i~~~ior~.
safety Hazards. The Commission, upon written notice of identified safety
hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must
correct the safety hazard, within six hours or other time frame included in the written
notice of safety hazards.
Damages to City Property. Parks Director will provide the Commission's
Agent a punchlist of damage to City property defined in the Premises within ~ days
after the claw of the Event. Commission will restore all items on the punchlist within ~
days after receipt of the punchlist. If the Cor~roiion fails to restore all items an the
punchlit, Parks Director may da so and invaice the Commission far Direct Costs, as
set out in Bection ?above.
Commission or its agent must fill and compact all holes in grassy areas made by
Commission or any entity or person participating in the Event. Parks Director must
approve fill material Any subsidence within the Premises must be additionally filled by
Commission or its agent until no subsidence occurs.
Pavement, Curbs, sidewalks, eawali. Any work which invaives holes or other
changes in the pavement, curbs, sidewalks, or seawall} requires the prior written
approval by City Director of Engineering services, provided however, that no
approval will be given if the work will require subsequent repairs by the City.
~ Permits. Commission must require all vendors to obtain and corr~ply with
appropriate permits, including permits from the Alcoholic Beverage Commission far the
sale of alcohol, from the City for cvnsun~ption and sale of alcoholic beverages an park
land, and must comply with all requirements of the City-bounty Health Department for
the sale of loads ar~d the protection of the public welfare. orrrission shall be
responsible for payment of all City health permit lvendor and related fees. Far example,
the temporary food service establishment permit fees established in City Code of
ordinances Section ~ g-. Any vendor that sells alcoholic beverages must furnish
proof of Liquor Liability Insurance in the same amounts set out in section ~ . Said
Certificate of insurance must be furnished to the Risk Manager at least two weeks prior
to the starting date of the Event annually. ether permits Commission must obtain acre
Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's
Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks
Permits from the Fire Department and any permits required by the Coast guard for
water Events. Commission's agent shall notify the Parks Director of any special
conditions impaled by any permitting agency. In the event that a fireworks launch from
the rooftop of the Corpus Christi American Bank Center i authorized by the I~f
manager for the Corpus Christi American Bank Center, and the City Manager, the
H:1L~G-DIRlusal~~~8 Pans arkd Recreat~anlBucDays.20~8.hor#,Term.lease.tloc
Page 9 of 0
amrnission agrees to execute a Use Privilege Agreement, with terms and conditians
including those listed in the attached Exhibit F, and other terms that may be reasonably
required by the pity Manager or designee, prior to the fireworks launch Prior to
fireuvorks launch, the ommissian shall require its tirevuarks vendorta execute a Use
Privilege Agreenler~t with the City, with terms and conditions including thane listed in the
attached Exhibit F, and other terrr~s that maybe reasonably required by the pity
Manager or designee.
~~.1. Parade Vendors
or~rnission ar its designee shall have exclusive authority to adrr~inister and
issue parade vendor permits to permit vending an the publio sidewalks slang the
parade route for the following tine periods:
~i~ Far the Buccaneer Days Lighted Parade ~"Lighted Parade"}, beginning at a
time to be designated by the City Manager, but not later than, B:OD A.M. the day
of the Lighted Parade, during and one }hour after the Lighted Parade;
~ii~ Far the Buccaneer Days Junior Parade, ~"Junior Parade"}, beginning at a
time to be designated by the City I~arrager, but not later than :ag AM the day of
the Junior Parade, during and one ~1 }hour after the Juniar Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
commission shall have the right to determine permit fees far parade vendors
. .
that desire to self items at the Commission's Parade Events~~~Prad~ ender
. .
pr~~~ .h~i a ~u~:d~~fvr~~he::~i~d~ ~~~:~:~~t~i~et~~~ ~ .:end h-
~ ~ .y
. .
h~~~~o~e';~ ~ .~a~. ~~~~n dl~~:: ~ ~ : f ~ ~ e~ -v . ~ r~i~ ~
...:.:p y .
.n~~~~~r~a~l~~~~;.h~rll-:be f theperrrr~t fee etabl~h~d fir vendors ~ ~h~ Buc
.
~;t~mrr~~ l
or~~:: Pfd.~~~nr::~tf~-~d~~dr~~i~dn~.Pe~r~i~ it:~.s
. Commission shall ensure that parade vendors comply with applicable sections
of the following regulations: chapter 8 of the City bode of ordinances, copy,
attached as Exhibit E, as may be amended by the City council.
Commission shell further ensure that no parade vendor sells the following
items identified by the Polioe Chief. silly string, yr any similar squirting device;
poppers or any similar noise device; stink bombs or smoke bombs, or any similar
device; or lasers or any similar laser praduoing device,
lliolatians of the City bode of ordinances shall subject the parade vendor to
issuance of citation by City Police Department.
F, Commission shall ensure that all food and beverage vendors comply with all
requirements of the corpus Christi-Nueces bounty Public I~lealth Department and alf
other local, State or Federal laws, rules, and regulations regarding the sale and
storage of food.
H:1~E~~pIRlLisa12~~8 Parks and Recreati~~rlBuc~ays.2~08.~ork,T~rm.~.easa.doc
Page ~ 0 of Q
C. Commission shall ensure that all parade vendors cor~ply with all applicable
Federal, State, and local laws and regulations, as may be amended.
H. Commission desires to place stationary vending booths along the parade route
on real property owned by the City of Corpus Christi during Parade Events. The
Commission may place vending booth at a specific location that has been
revievued end approved in r~riting by the City Manager er designee, the thief of
Police or designee, the Fire thief or designee, the Director of Engineering Services
or designee, the Traffic Engineer or designee, the Parks Director or designee, and
the Director of Solid Vl~aste ordesignee.
Stationary vending booths at City~approved locations may be placed ne earlier
than ~8 hours prior to the start of a Parade Errant, and must be removed ne later
than ~4 hours after the conclusion of a Parade Event.
J. Commission shall restore all property used for placement of vending booths to
its original condition within ~4 hours of the conclusion of a Parade Even#.
I~. Commission shall promptly remove or relocate booths at Commission's sole
expense if deemed necessary by the City Manager or designee for repair to City or
other public utilities, or for protection of public health and safety.
L. Commission shall obtain all necessary permits priorto the placement of
vending booths at City~approved locations.
M. No alcoholic beverages maybe Bald by a parade vendor,
N. Cornr~ision shell require ell food end beverage parade venders to clean the
area around each food and beverage booth. The clean up will be hourly and
irnrnediately after the conclusion of a Parade Event All trash cleaned up must be
properly deposited in trash bag provided by the Commission and taken to a
location designated by the Commission.
Z~.~ Parade Viewing Area Permits For City Property Along Parade Route For
Rental to general Public
A~ Con+tn~isian or its designee shall have exclusive authorityte administer and
issue parade viewing area permits to ~emmision or to nonprofit groups to allow
ommisior~ or groups to rent City property, designated by Parks Director, to the
general public along the following portion of the parade route and for the following
time periods:
~i~ Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by
Upper Broadway to Shoreline Blvd to American Bank tenter, Power Street to
Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave.
H;1l.~G-DIR1Lisal2~~8 Pads and Re~reationl~~,cD~ys.2~48.Shart.Term.Leaa.doc
Page ~ 1 of o
~i~ For the Buccaneer Days Lighted Parade ~"Lighted Parade"}, beginning at ~
time to be designated by the Dity Manager, but not later than, ~OO A.M, the day
of the Lighted Parade, during and one ~1 }hour after the Lighted Parade;
~ii~ Far the Buccaneer Days Junior Parade, ~"Junior Parade"}, beginning at a
time to be designated by the pity Manager, but not laterthan A the day of
the Junior Parade, during and one hour afterthe Junior Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
B. commission shall have the rightto deterr~ine reasonable fees forthe nonprofit
groups to rent space in the parade v~euving area to the general public. o~nmision
and the nonprofit groups shall split these fees.
. Dommission shall require the nonprofit groups to clean the parade vievuing
area. The clean up gill be hourly and immediately after the conclusion of a Parade
Event. All trash cleaned up must be properly deposited in a trash bag provided by
the commission and taken to a location designated by the Dorr~n~ision.
orr~riion shall restore all pity property used for parade vie~ving to its
original condition vrithin ~4 hours of the conclusion of a Parade Event.
Diem Up. Dommiion must require all food and beverage vendors to clean a
designated gone adjacent to their respective booths at regularly scheduled intervals.
or~missior~ may designate the zone, but it vuill not be less than ~ ~ feet by ~o feet in
the irnr~ediate area around each food and beverage booth. The clean up,~ill be hourly
and immediately after closing the Event each day. All trash cleaned up must be
lroperly deposited in a trash bag provided by the commission and taken to a location
designated by the Dommision. Dommision may hire and vuork its o~rn clean up
crevu during and after the Event, If the Parks Director determines that additional clean
up is necessary, Parks Director gill give Domrniion's Agent hours notice to
Increase services; and if it is still unsatisfactory, Parke Director nay authorize use of
Dity ~rorkers.
commission must install screens, approved by City Director of Storrn 1Jl~ater
operations or designee, across all storm grater inlets along Shoreline and uvithin any
closed streets v~rithin the Prerr~ises. Drainage must not be blocked. commission must
remove the screens rnrithin the non-exclusive use period after the close of the Event.
f~lo~rever, Dommiion must remove screens along pith any trash that has
accumulated over the screens} immediately if heavy rain i irnr~inent, or upon the
direction of the Dity Director of Storm vVater operations or her designee.
Dontr~ction. The construction vuork for displays and stages must be conducted
in accordance with City building codes and restrictions. construction that causes
damages ~riil only be alloutired if Dommission provides the Parks Director prior v~ritten
assurances that Dommision gill remedy said damages in accordance v~ith Section 19
above and Parks Director approves the constr~,ction in vuriting.
N:ILEG-DIRILisa12~~8 Parks and RecreationlBu~D~ys.2~08.~h~rt.Term,Lease.~oc
Page 12 of 0
~4. Temporary Buildings. orr~mission must receive prier written approval from the
Parks Director to place any temporary buildings on the grounds of the Premises.
ther~~rie, all temporary buildings roved orate Premises for the Event must be placed
and remain on trailers to promote e~cpeditious removal. All these buildings must be
removed within the non-exclusive use time period
~5. Electrical Dater services. pity does not provide electrical service on the
Premises. A Temporary Promotional Event Permit from the Dity Building Inspection
Deparkrnent i required in order to install electrical service for the Event. Further, a
certificate of occupancy, which involves inspections, must be completed by the proper
inspector, to have all temporary services, such as, food, electrical: plumbing, tents, and
structures, inspected. It is the responsibility of the Dommission to calf each inspector
for an appointment to inspect and get approval for each temporary service before the
Event begins. Parks Director gill provide access to water from park water facilities.
Permissible Vendor Location Markings, No paint orsemi-permanent markings
will be permitted which in any way obliterate or deface any pavement markings or signs
heretofore existing for the guidance of motor vehicles or pedestrians. chalk or tape
markings maybe used to pre#mark locations on the sidewalk or street. {Painted
narking of any type will only be permitted in grassy areas}.
~7. Dispute Resolution. Dity and the Domrnision agree that any disputes which
may arise between them concerning this Lease Agreement, such as determining the
amount of damage to Dity property occurring as a result of the Event} or regarding an
invoiced amount, gill be submitted for determination and resolution, first to the Parks
Director, with a right to appeal to the Dity Manager. The decision of the Dity Manager
will be final, unless that decision i appealed to the i vuncil by giving written notice
of appeal to the Dit secretary within ten o} days after the written decision of the Dity
Manager has been sent to the commission. In the Event of appeal, the decision of
the Dity council will be final. Upon a resolution of the dispute, either by agreement of
the parties or as the result of an appeal, the disputed amount will be considered due
and payable to the City within ten {~0} calendar days of the resolution. This Lease
Agreement in noway waives the Domrnision's rights to seek other legal remedies
during the appeals process.
Emergency Ilel~icle Lanes. omrnission's Agent must at all times during the
Event and the non-exclusive use period, maintain emergency vehicle lanes upon the
Premises as may be designated by pity Fire Dhief~ These lanes must be kept clear of
all obstructions.
Dommision must, at all times it is in exclusive use of the Premises, provide driveway
access for trucks and ernerger~cy equipment to the service entrance of the oliseurn by
keeping the driveways open and unoccupied by structures or automotive equipment.
~9. Assignment. commission may not assign or transfer this Lease Agreement
nor sublease the whole or any part of the Premises or make any alteration therein
without the prior written consent of the Dity.
H.1l.~G-~IR1Lisa12008 Parks and Recr~ationlBucDays.2008.l1ort.Term.Lease,doc
Page ~ of 0
0~ Breach, Terrnir~ation. Any failure on the part of Commission to perform any of
the covenants contained in this Lease Agreement, or any breach of any covenantor
condition by Comrr~ission entitles Cif to terminate this Lease Agreement without
notice or demand of any kind, not withstanding any license issued by City and no
forbearance by City of any prior breach by Commission is a waiver by or estoppel
against City. In case of termination City is entitled to re#ain any sums of money
theretofore paid by Cor~raissian and the sums inure to the benefit of City as aset-off
against any debt yr liability of Commission to City otherwise accrued by breach hereof.
31. Right of Connmisir~ to Use Public Streets commission acknowledges that
the control and use of public streets is declared to be inalienable bythe pity and except
far the use privilege granted herein, this Lease Agreement does not confer any right,
title, or interest in the public property described herein. The privilege to use the City
property granted herein is subject to the approval of the City council as required by
ordinance and the compliance by Cornn~isslon with the terms and conditions contained
uvithin this Lease Agreement.
2. Not Partnership arJaintventure. This Lease Agreement may not be
construed or deemed by the par#ies hereto as a partnership, joint venture, or other
relationship that requires the City to cosponsor or incur any liability, expense, ar
responsibility for the conduct of the Event or associated activities, Payments received
from Comrr~ie~ion by the City are compensation for provision of City services as
described herein and for the right of Commission to use public property far the limited
purpose described herein.
33. City Services Sub~ectto Appropriation. The Commission recognizes that the
services provided by the City pursuant to this Lease Agreement are subject tv the
City's annual budget approval and appropriation. The continuation of any contract after
the close of any fiscal year of the City, which fiscal year ends on duly 31 of each year, i
subject to appropriations and budget approval, The City does not represent that the
expenditures required by the City for the provision of services required by this Lease
Agreement will be adopted by future City Councils, said determination being within the
sale discretion of the City Council a# the time of adoption of each fiscal year budget.
4. C~n~piiance with Laws, Car~mESSian must comply with all applicable federal,
s#ate, and Iocal laws and regulations, including without limits#ian compliance with
Americans with disabilities Act requirements, all at Comrr~ission's sole expense and
cost.
a. Nan-discrimination. Cammissi~n warrantsthat#hey are and will continueto be
an Equal opportunity Employer and hereby covenants that no employee, participant,
invitee, or spectator will be discriminated against because of race, creed, sex, handicap,
color, ar national origin,
. Fence. Commission nay provide a temporary six~foot ~'}chain link fence, with
gates for access, a shown on Exhibit A attached and incorporated. The fence will
help improve ecurity, crowd control, litter control, and keep bicycles, skateboards,
H:1LEG-~IRll.isal2~~8 Parfcs a~r~ Recreat+~nl~uc~ays,2~08.Sh~~t.Term,Lease.tloc
Page ~ 4 of 0
.animals, and personal coolers out of the Event area. Exhibit A ray be revised to
enlarge or decrease the fenced area in accordance with the ornrniion' needs upon
Parks Director's concurrence, if Exhibit A is revised, new Exhibit A gill be filed with
the pity Secretary and supersede the existing Exhibit. The new Exhibit A become
effective upon filing with the pity Secretary.
Admission Fee, ~ornmission may charge an admission fee. Special Events
connected with ~ommissivn may charge another fee to help defray the cost of
entertainment.
38. Security. commission must provide uniformed Security officers during the
Event, and after the Event closes each night until it opens the next day. onnrr~ision
will assign the Security officers duties, Security officer means sworn peace officers
directly paid by commission, Provided, however, the Police chiefn~ay determine that
a security guard service will provide adequate security for the Event, or portions ofthe
Event. If the Police chief allows a security guard service to provide security, the terra
"security officer" will include a licensed security guard as well as a sworn peace officer,
If the pity Police thief determines it is necessary, the Police thief will assign Police
officers to provide off~site crowd and traffic control for the Event as needed and include
costs of police officers in the Direct hosts per Section 7 above, The Police officers will
be assigned duty stations by the Police h~ef, or designee.
fig. pity sfrall not authorize say carnivals on pity property within g days before Event.
40. Entirety clause. This Lease Agreement and the incorporated and attached
Exhibits constitute the entire Lease Agreement between the city and ommfs~on
for the use grantedf All other Lease Agreements, promises, and representations,
unless contained in the Lease Agreement, are expressly revoked, as the parties intend
to provide for a complete understanding ~rithin the provisions of this Lease Agreement
and its Exhibits, of the terms, conditians, promises, and covenants relating to
ommisian' operations and the Premises to be used in the operations. The
unenforceability, invalidity, or illegality of any provision of the Lease Agreementdoes
not render the other provisions unenforceable, invalid, or illegal.
H:II,~G•D~RI~~sa12008 Parks and Recreatio~~~ucDays.2008.hort.Term.~.ease,doc
Page ~ 5 of a
Executed in Dupli~a~te ariginai an , ~a0,
~ITTE fTl~ aRPU CWRITI
Arrnanda Chaps arge K. Nae
City e~retary City Manager
Legal ~~rrr~ Approved , ~aa8
+ 1~UYH~3~I~~?
Lisa Aguilar ~ ~
Assistant ~ Attarney
far City Att~rn~y ~
•
H:ILE~-~IRlLisa12008 parks and Recraati~nlBucDays.~D08.hart.Ternn.~ease.doc
Page 1 of ~
T#~E QUA oi~~ .
By,
Barry Bo
Executive Dir ctor
Date: ~ ~
AKNOI~VL,EDC~IENT
STATE of TENS
oUNTY of NUEES
This instrument vas ackno~rledged before on DOB by
Barry Box, Executive officer for The Buccaneer tom scion, Inc., a Texas non-profit
corporation, on behalf of Th Buccaneer ornrnis ion, Inc.
w
No a ubfic, state of Texas
,ww~1~B Y"~!~~,~
~~'1nteCl f~arne. ~ ,~Fq jj
= r ~y}
fi~ ~ ~~f~ ~~~4~~V
Seal '~f,,'~`r~Ftt~~?' A1~~5
Ex~lratlon Date: `~~f
H:1l.EG-DIR1Lisa12~08 Pa~CS ar~d RecreationlBucDays,20~8,Sh~rt.Term.Lease.doc
~ ~
p,dF ~rrr
~ ~
. ~ ~ ~ 0. ~ ~
~ ~
~ ~ ~ ~ ~ ~
~ ~ A ~ F ~ ~ ~
~~a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •
w ~ r. r. s ~ ~ ~ ~ ~ ~ ~ ~
d~
1L \ 4
1 ~W r~
y~
r •O * 1
~ ~ ~
~ ~
i~iirr~~
r ~
~ ~ ~
~ ~
k ~ w
I ~ ~ ~ ~ A
~ c~ ~ ~
` T
Ww w 1Y
~ ~ ~ ~
~ ~ ~ ~F
~ f ~ ~ i i iI
Y Y ~ -
~ i ~ {
~~`II
V~ ~ ~ W
~ ~ ~i ~ ~
~ i
~ ~ ~ 0
~ ~ v~
~ .w..~
~ ~ ~ ~
~ Fitzgerald i
~
~ ~
r ~
i wi ~ ~
~ ~ ~
~ va ~ ~ ~
~ ~
i i ~
~ ~ ~ ~ ~
iii ~ ~ 9
I__i
~ ~
~ Palo Alto ~ ~ ~ ~ ~ ~ ~
I~
4 ~ ~
~
~w; ~
a~ ~
~
~ N F~
~ ; ~ ~ + ~
~
Power ~ r
x
M
1
Page ~8 of ~0
E~1~~BiT B
~~08 Lease Agreement
Event Locat~one, Dates summary
Buc Days Darnival
Next to BBC hailenge, along hore~ine from Power fit, to ~esaca, on ~~Ilater street
from Fitzgerald to Reaca
Noh~-E~CL~~VE E~DLU111E
April ~ g through April April ~ through May
flay ~ through May ~
Buc Days BBC halienge
Just outside American Bank Renter, from Reaa to Barge Dock
NoN-ELUSIVE E~L~siVE
April ~ 9 through April 2 April 2~ through April 8
April ~8 through flay
Buo Days Pro Rodeo
American Bank Renter Arena
~Buc Days shall contract d~rectiy with third party arena management company for use
of American Bank tenter Area.}
Buo Days and into de Kayo celebration
.dust outside the American Bank tenter, from Resaca to and including the Barge Dock
Area
lVON-E~LUIIIE EXDLUSIVE
April ~8 throe h Ma ~ Ma throe h Ida
9 Y g Y
H;ILE~-DIRll.is2?1~008 Parks and Recreati~nlBuc~ays,~~~8.~h~rt.Term,lease.doc
~
_ Q DALE: 1 350
~lus~u~
~
GABBER ART
I~USEU
~ ~ SE~~IV+M
DITORI
TRUCK AND TRAILER ~ ~
PAR~CING AREA E~~
~sE~ysr~~ ~r.
Q coHv~~r~oH
CEDER
~ BUS DAYS R~DE~
~~c~ES sr. BBB CHALLENGE
° EVENT SITE
~~~i K
AREi~A
~L~
a
r TR~ET CLOI~R~
~ CARNIVAL
~ AREA
a
00 ~ AR I A
~ ~ ~ Nv ~
~ ~ AREA
~ ~ W ~
R Q TQ 5T.
P ER sr.
EXHIBIT f ~ - SITE PLAN -
U~~ET; aTREET CL~~URE Traffic ~n~ir~~enng Div,
RUC DAYS B~Q CHALLENGE & R~DE~ FESTIVAL Engineering Services Qep~,
Pa~~ ~Q of 3~
~~CHIBIT ~ ~
TI~IIAT~D EpENE*
Park Recreation ~
. ~ red~t account 34~g~,
~,9D0
~ {overtime 0°
Io of Cost
~rn~va~ casts estimat
7, Oo0 ~n ~~~5; r
dire
{++//~~yyJ,,
~ ~r~V
oi~d Vl~aste and qtr
eet erv~ces
~cred~t ~ccaunt _
~~D, D~
credit account 344~Q-
tor~ Vl~at~r
credit account ~O
1 ~~0.~0
r~r~~:
o~. o0
*Bucc~r~eer Da rna
Y or ray nat use service r
be additianai services s est~mat~d on this sheet. Th
requested by Buccaneer ~a s w r ere may
estimate. Y hich n~a~ require a revs
ed
'.~G,DIRI~fsa1~008 Pans ar~d ~ecreatianl~~cpays.2~08.~
hort,~erm.l,.~ase.doc
Page of ~
~~HiBIT i=
I~~~DDR REUIR~I~ENT
PARADE
' ication~ informa~tiar~ required.
fee. 8~6. Permit appl
` ter shalti contain the following:
' fora ermit required by this chap
Every appl~cat~on p
Tied co of any assumed name
licant and, if applicable, a cert~ pY .
The name of the app ~ er of record, together with
{ or an~zat~on chart
andlor cor orate or other legal g
certificate . , ~ p ~ ~ such entit .
is authors to actin behalf of Y
roof of the ind ~v~d ua tY
p
hone number of the applicant.
2 The business address and p
of an individuals who gill engage ~n
me address and phone number Y
~3} The narr~e, ho
business operations in the city.
the
e offered for sale or rental.
' ~ e of Dods or services to ~
4 A description of the tYp g
i sines for which the permit
' the ro osed location of the bu
5} A description of p p et vendors, which shall
~ ~ tes for mobile sire
' ` n i filed, including proposed rou
ppl~cat~o ~ article.
' e with all site regutat~ons of this
show compl~anc
'n the o station of the business
n motor vehicle to be used ti p
6 The license number of Y
in the city.
inches by three inches,
' ' card no tar er than three ~ }
7 a, An ~dentif~cat~on 9 a h identification card,
~ ~ addMtionati photogr p
' hoto ra h for together with an ` ed hereb
di laying a p g p ~ Lion card^requir y~
p ~ ~ to be used with the identif ca
such as a current driver s license ~ a ed in the business
ive of the a pliant who will be eng g
for each individual repreentat p aired hereby shall
. ' ' made. The identification card req
for which a lication far a perrx?~t ~s 'dente address of
pp ntat~~re the permanent rep
ntain tl~e name of the individual repress n of the
co teas and hone number, if a Y~
' ' ' l re resentative, the lacal add p on the
the indiv~dua p es of the applicant as shown
i tative and the name and addr
individual repreen
a lication for a permit.
pp
F ~ ~ cis business for an applicant
' ' le eve ind~v~dual who condo
b. For purposes of this art~c rY a ent, tindependent
scant whether acting as employee, g
` are resentat~ve of such apps e a 4icant shall
~s p ~ r busirrass purposes, and th pp
franchisee or otherwise for othe ~ eve
contractor, ~ om fiance with this article by
er this article be responsible for c p
for all purposes and
such individual representative.
action fans and specifications
` to ra h or draw~n~ with constr p
~ description and pho g p it a lication is filed.
~ ~ s for which the perm pp
vendin unit to be used in the busines
of any g
'li insurance policy, issued by an
ti cony rehensive business liab~ ty .
~g}Proof of a genera p ~ e of Texas, rotect~ng and
' to do business ~n the tat p
insurance company author~~ed roe and for
` l claims for damages to p p ~Y
a licant and the city from al
~ndernn+fy~n the pp
H;1~EG-D~R1Lisa1~0~8 Parks entl Recreationl6ucaays.2008.hort,Term.lease.dac
Page of
bodil in'u ,including death, which may arise from operations under or in connection
Y ~ rY
with the re uested permit. Such insurance shall name the city as an additional insured,
. ~ .
shall provide that no terrn~nat~on or cancellation will be effective without prior written
notice to the city, and shall provide liability protection in thefollowing minimum amounts:
one hundred thousand dollars ~1 Do,ooo.oo} per person and three hundred thousand
dollars X00,000,00} per occurrence for bodily injury and fifty thousand dollars
X50,000.00} per occurrence for property damage. An indemnity agreement protecting
and inderr~nifying the city against all such claims may be substituted for the insurance
olio herein required in the case of parade vender permits valid only for such parade
p , .
event and issued under the prov~stons of section 38-1 ~~b} of this ark~cle.
10 Proof of state sales tax certificate, if applicable, and compliance v~rith all other
applicable state and federal requirements for the parkicular business for which a permit
i requested.
ord. lVo. 18185, ~--1085
Sec. 88-7. Health permits required for food and beverage businesses.
No ermit authorised to be issued under this article shall be issued to any person for the
p ,
ur ose of selling or offering for sale any food or beverage unless the applicant shall
p p .
have first obtained all health permits, cert~f~cates and Nnspections required by the city
health code for the particular type of business far which the permit is requested.
Ord. No. 18158, 1, 4~0-198}
Sec, 8-1 Sidewalk vendors; special regulations.
No ermit shall be issued to any vendor to operate his business and no vendor shall
p
vend upon any public sidewalk in the city except s follows
fib} Parade vending.
1 Vendors maybe permitted along parade routes during and forfour ~4} hours priorto
and ane ~1 }hour after any parade head under authority of a permit issued pursuant to
the i bode, subject to the following restrictions and regulations in addition to other
conditions irr~posed upon vendors by this article:
a, The police chief shall determine whether the vending would be consistent with the
public safety. In protecting public safety, the chief may refuse to grant a perr~it, or ray
grant a permit limiting the vending to parkicular areas, limiting the items to be sold or
rented, limiting the time for vending} or imposing other restrictions, In making his
H;1LEC,DIR1l.~sa12~~8 Parks and Recreati4r~~Buc~ays.2008.Shart.Tarm.~eas~.dac
Page ~ of 30
determination the chief shall consider, based upon past parade experience and law
enforcement experience, the potential for interference with traft~c; misuse of items to be
sold or rented; physical injury; interference with parade participants, parade watchers,
police 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.
d. Vendors shall he restricted in their location to sidewalks and other public areas,
except streets, irnrr~ediately adjacent to and within six hundred ~GDO} feet of the parade
route and to private premises immediately adjacent to end within six hundred ~500~ feet
of parade routes. Such private premises shell be owned by the vendor or used by him
pith the e~cpressed permission of the owner. Such permission shall be evidenced by
written affidavit filed with the perr~rittin officer prier to the issuance of a permit under
this subsection.
e. Applications for parade vendor permits must be competed and filed at least two
days prior to the scheduled parade date.
The city may allow parade organizers to administer the parade vending process by
separate agreement.
fiord. ~Io.1878, 1, 4-9-1; ord. No. ~ BOO, ~ , fi-1 g; ord. No. O~~~ ~ ,
-~-004}
H.1LEG-DIR1Lisa128~8 Panics and Recreatianl~ucDays.2008.ha~t.7erm.Leasa.dac
gage ~4 of 30
April 8, ~D08
~III~, Barry Box, executive Director
Buccaneer on~rnission, Inc.
P. Box ~~4D4
Dorpus Christi, Texas ~84~~ -~40 ~
Dear ~Ilr. Box:
In ~ccordan~e vuith tie Buc Da~rs Bhort Term ~0~8 Lease A reen~ent
. g authorized by the
qty ~ounc~l, this letter ~ to confirm that Buccaneer Don~miion Inc has e
r xclus~ve
authority to adm~n~sterand issue parade vender ermits forthe Dommission'
p ~~~8
parade events. The ~ucaneer Don~mission, Inc. is also authorized #o estabii
sh parade
vendor permit fees for the ornmission's parade events.
sincerely,
e~rge K. Noe
pity Manager
H:ILEG-DIRIL~sa12008 Barks antl Recr~atianlBucDays.~008.hart.Term.L~ase,~ac
r ~
S
i
i
Y
Page of ~0
Exhi~~t F
USE PR~ILECE ~4REE~IENT
THE STATE F TEXAS
COUNTY ~F NUEE
This use Privilege Agreement ~"Agreement"} i made this ~bth da of A ril ~gQ~
p ~ ,
between the City of Corpus Christi ~"City"}, Texas home rule munici al car oration
. p p
acting through its duly authorised City Manager, George ~C, lVoe, and v~estern
Enterprises, Inc. {"Permittee"}, acting through Steven Frantz, its dul authorised officer.
Y
~ . The City is the ovuner of the follo~ving described real roe "Pro ev "
American Bank Center Arena. A description of the Prope and site ma
. vY p
are at#ached to and incorporated into this agreement as Exhibit A.
The Permittee desires to use the roof of the Propevy for the ur ose of sta in a
. ~ ~ p ~ ~
f~rewarks display ~n con~unct~on ~r~th the ~OaB Buc Days, to be held on A ril ~b ~~g8.
• ~ p
The Perrn~ttee has submitted an application to the Corpus Christi Fire De avment for a
p
firev~orks permit. A l,ting of products to be fired from the Pro is found on the
p ~Y
attached and incorporated Permit Application as Exhibit B.
In consideration of applicable City permit fees, payable u on execution of this
p
Agreement, and Pern~~ttee covenants expressed in this A reerr~ent the Ci rants
~ ~ tY ~
Permittee, under the cor~d~tion stated in paragraph 4 of this A regiment the use of the
Property, described in Exhibit A for the purposes stated in ra ra h ~ of this
p g p
Agreement, staving on April ~OgB and terminatin on A ril X008. ~ hov~ever s
. ~ p a uch
use ~s condit~aned upon Permittee obtaining the proper permit from the Cor us Christi
p
Fire Depavment~ The City Manager is author~~ed to extend the term of this Use
Privilege Agreement in the event the April X005 fire~orks is cancelled due to
weather conditions.
4. Perrnittee's use of the property is subject to the follav+~in conditions:
9
A. This Agreement may be revoked at any time vuith ar vwrithout v~rithout cause b th
Cit of ~ y e
y Corpus Christi s City Manager, or the City Manager's desi nee "Ci Mana er"
~ i ~ ~ ~
givrng the Permittee in vuritin notice of the revocation of this a regiment.
g
Permittee may not assign this Agreement v~rithout the Ci Mona er's ri
ty g p or ~rr~tten
consent.
. Permittee must submit a detailed description of its tanned use of the Pr
p apevyr
including dra~u~ngs shoeing the specific location vuhere the a ui n~ent identified i
qp n
Paragraph ~ uvili be installed and specifications far the firevuorks that ~vill be us
ed, to the
City's Fire Marshall and City Manager. Permittee must submit a detailed sa
fety plan for
H:1L~~-D~RILia12i}08 Parks a~~ R~creationlBucDays.20D8.Snort.7erm.~ease.d~c
Rage of ~
review and approval by the Corpus Christi Fire Marshall, at least 1 ~ business days prior
to the fireworks event.
D. INDEI'~NIFIDATION.
PERMITTEE, ITS OFFIDERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS,
D~NTIACTORS AND LIDENSEES THEREINAFTER DALLED "1~ERMITTEE" FAR
f~U1~P~ES OF THIS SU1~f~ARAORAPH~ SHALL FULLY f NDENfNIFY, SAl1E~ AND
HOLD HARMLESS THE CITY ~F DOf~PUS DH~ITI, f TS ~FFIDEI~S~ EMPLOYEES,
ACEfVTS, LICENSEES, AND 1N111TEE5 ~"1NDEMNITEES~'~ AGAINST ANY' AND ALL
LfABILITY, f~AMAGE, LOSS, DLAIMS, DEMANDS, AND AOTlONS ~F ANY
NATURE wHAT0E11ER ~N ADDDUNT ~F PERSONAL INJU~~ES ~iNDLUDING,
VI~ITHOUT LIMITATION ON T1~E FORE~ING, UvRI~[ERS' OMI~ENSATION AND
DEATH CLAIMS, O1~ 1~R~f~ERTY LOSS, I~AMAI OF ANY KIND
V~HATSOEIIEI~, V1~HIDH A1~ISE OUT ~F OR ARE IN ANY MANNER DONNETED
V~ITH, OR ARE CLAIMI~D TO AI~15E OUT OF OR f~E IN ANY NIANNEI~
CONNECTED vVfTH THE USE ~f~ THE f~R~PERTY UNDER TlilS AGREEMENT,
INCLUDING SAID II~JUI~Y, LOSS OR DAI~IAGE DAUSED fY THE SOLE ~R
D~NTI~IBUTOfY I'~ELIGENOE OF THE INDEMNITEES OR ANY ~F THEM.
PERMITTEE MUST, AT ITS OVIIN EXPENSE, f NIIESTIATE ALL THOSE CLAIMS
AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISf~OSITI~N,
DEFEND ALL ADTIONS BASED THEREON V~IITH O~UNSEL SATIFADT~RYT~
INDEMNITEES AfVD PAY ALL DHARES OF ATTORNEYS AND ALL OTHER DUST
Af'~f] EXI~EIVSES OF ANY ~[1N1) ARISING FROM ANY OF SA1D LIABILITY,
DAf'~ACE, L~, DLAIMS, DEMANDS, ~R ADTI~NS,
E~DE1~T AS OTHERI~VISE EXPRESSLY LIMITED BY THE 5
AGREEMENT, IT IS THE INTENT OF TIDE 1~ARTfES TO Tf~15 AGREEMENT THAT
ALL INDEMNITY OBLf CATIONS AND LlAB1L1Tf ES ASSUMED UNDEE'~ THE TERMS
OF THIS AGREEMENT BE V~IITHOUT MONETARY LIMIT ANI 1~VITHOUT REGARD
TC~ THE DAUSE OR CAUSES, INDLUDING 1~I~E-E~fST1N DONDIT10N5.
PERMITTEE ARIES T~ INDEMNIFY THE DITY FOR ANY LASSES SUSTAINED
AS A RESULT OF TIME FIREI~110RI~C5 EVENT, IIVLUDIN~ DAMAGE ~R
DESTRUCTION TO CITY 1~RDPERTY.
E. I~ermittee must acquire and maintain commercial general liability insurance
pertaining to the use afthe Property and the any activities related to the use of the
property authorized by this Agreement, in the minimum amounts of insurance shown in
attached Insurance E~chibit which i the attached to and incorporated into this
Agreement. The insurance policies musthow the pity as a named additional insured.
Upon City Manager's uwrritten request, I~errnittee shall provide copies of all insurance
policies to the City's Risk Manager. Unless the City's Rislc Manager i given days
advance written notice, the policies shall be reneged for replaced Frith corn arable
p
replacement policies} and may not be canceled or materially changed.
F, I~ermittee's use of the I~roperky must not interfere with the operation of the Ci 's
American Bank Center, Any equipment placed by Permute must be removed b the
y
H,I~EG-~ER1Lisa1~~~8 Parks ~n~ Recrea#ionl~ucDays.~0~8,~h~rt.Term,l~ease.do~
f
Pa e~7of3a
Permittee and the Property restored to its original condition before this A regiment
expires.
. Cf City needs access to the Property, Permittee must a far remavin or refocatin
pY g g
any improvements or equipment, to allo~r access to the Prope
~y
H. Permittee may not close or barricade a pubi`rc street, ar an ortian of the ublic
. yp p
street until the Perr~~ttee or his contractor has filed an approved trafl"lc control Ian vuith
~ p
Citys Traffic Engineering ~ff~ce.
I. Permittee must pay to maintain or repair the Property bein used at all times
g ,
regardless of the type of damage that may occur, ~vithin hours of notice ofdama a to
g
Permittee. Pern~~ttee agrees to pay City Consultant to document the roof membrane
condition before the fire~vorks event, and after the fire~varks event.
J, Permittee must comply ~vith all applicable Federal, State, and local lags and
regulations, as may be amended. Permittee must obtain Ci fireuvarks ermit from
tY p
Corpus Christi Fire department priorto event.
K. Permittee must not begin use of the Property v~rithout ~4 hours rior notice to the
p
Corpus Christi Fire farshal.
L. If damage occurs to any City property, all City's costs labor and materials
. ~ y
asaoiated v~ith the repairs must be paid by the Permittee vuithin 0 da s of Cit
~ t ~ ]
Managers invoice thereof. C~tys representatives ~u~ll determine the extent afdama
ge
and amount of repairs.
M. Permittee must not stare or leave any equiprnt or material in Cit ra e
Y ~ p ~]I
unattended or overnight.
N, The Permittee must provide proper safety and securit devices to revent ossible
p p
~n~uraes or accidents. The Permittee must provide Fire lUlarshal v~ith safe Ian far
. tY p
rev~e~r ar~d approval by the Fire Marshal.
The Property must be n~aintair~ed ire neat and orderl fashion v~rithaut visible trash
Y ,
paper and other unsightly debris.
5. All references herein to Permittee include Permittee's contractors
l ~t
agents}, and employees} ~f applicable.
. Choice of Lave and Venue: This Agreement shall be avrned b and
. g Y
Fnterpreted an accordance uvrth the laves of the State of Texas, Venue for an dis ute
Y p
ar~sNng from or related to th, Agreement shall b in I~uece Coun Texas.
llV TESTI~NYVI~I-IERE~F, the City of Carpus Christi has caused these resen
th p is to be
executed an this the day of April, ~aa$.
H;II.EG~D1~1~is~1~~08 P2~rks and Recreatianl~uc~ays.2~~8,Sha~t.Term.Lease.doc
Apr ~5 08 ~~~5p PARl~&~EC-hII~CAPJiP~EI,LH~UF ~81~~~3834 p,~
M 1
~~~of
TT'Y' ETA( ~U F#~~T~
Arr~~~do ~ ~i, iVa~
e~~~ry larg~~
A~~t ~~y ~
ti~.~lp.~ ~'~,I~. ~~I
~ V~1~~
THE TA ~ ~A
ll r++Ilf1~'j
sae ~ Nay ~lnr ~ ~ ~ a€ ~r~ ~
~~~~~an, a~ bel~~~ ~d ~a~~or~~~,
~ P~~tt~~f ~ reap ~ ke ~r~d ~ ~ r~d~ian~ ~~d
~ ~
~~und ~y ~h~ t~~n~ i~p~ b the P ~~~~n~~t.
• ~ ~
~
f
T~~ TATS ~4A
~ , an b~h~~~ of
H:q.~Q~ll'~,b~~ #~~rtd Reyll~nl~9~c~a~,~~~h~r1,~'e~m.Lec
Page of 30
E~I~IBIT -INSURANCE RE~UEREMENT FAR FIREVII~I~I~C E11Eh~T
I. PER~IIITTEE'S LIABILITY IN!lRANCE
A. I~err~ittee must not commence work under this agreement until all insurance
required herein has been obtained and such insurance has been approved by
the City. Permittee must not alEow any subcontractor to commence work until alf
simiEar insurance required of the subcontractor has been obtained.
B~ ~ern~ittee must furnish to the pity's Risl~ IU~anaer, two ~2~ copies of certificates
of Insurance, showing the foElowing minimum coverage by insurance company~s}
acceptable to the City's Rislt Manager. The pity of corpus Christi must be named
as an additional insured for the General Liability policy and a bianlcet waiver of
subrogation in favor of the pity of Corpus Christi is required on the General
Liabilit and UVC olicEes.
TYPE of INSURANCE IVIINII~U~I INSURANCE CovERAGE
day written notice of cancellation, non-renewal, Bodily Injury and Property damage
material change yr ter~rination is required on all
certificates Par occurrence aggregate
CGMMERIAL GENERAL LABILITY including: $~,OQ4,000 CoMB1NED SINGLE LIMIT Frith
$SOO,ooo sub-limit for Damage to Rented
~ . Commercial Form Premises
Premises-Gperations
Produotl Completed Gpratians Hazard
4. ontractuai Liabiiity
5. Broad Form Praperky Damage
G, Independent Contractors
7. Hostile Fire Exception
1NHICH CGMPLIEs vUITH THE TEAS UV~RI~CERs'
COMPENSATION ACT AND PARAGRAPH II of
UVGRKERS' COMPENSATION THIS EXHIBIT
EMPLOYERS' LABILITY 5~D,0~~
C. In the event of accidents of any Kind, Permi#tee must furnish the Rislt Manager
with copies of aEl reports of such accidents within 1 ~ days of any accident.
208 Buc Days Fireorks Permit ins. req.
3,~3~#g8 ep Risk Mgmt.
H;I~.EG-~IRlLisa1~D08 Parks a~~ Recreati~nl~u~Days.~~aB.Short.7erm.l.ease.tl~c
y
f
Page 3g of ~0
~Z. A~DDITIN~~~EQUIRENT
Permittee must obtain vuorkers' compensation coverage through ~ licensed
insurance company in accordance with Texas law. The contract for coverage
rr~ust be written on a policy and with endorsements approved by the Texas
Department of Insurance.lJVorkers' compensation coverage must ~e in amourst
sufficient to assure that all workers' compensation obligations incurred by
Perrrfittee are promptly met.
B. Dertificate of Insurance:
The it}~ of corpus hri~i must be Warned as an additional insured on the
general liability caverage and a blanket waiver of subrogation in favor of the pity
of carpus Dhristi i required on the general Liability and 1111orkers compensation
policies.
If ~rour insurance cor~pany uses the standard AD form, the cancellation
clause bottom right} must be amended by adding the wording „changed or"
between "be" and "canceled", and deleting the words, "endeavor to", and deleting
the wording after "left". In lieu of modification of the ACRD forrr~, separate
policy endorsements addressing the same substantive requirements are
mandatory.
The narr~e of the project must be listed under "Description of operations".
At a minimum, a ~0-dad v~rritten native of cancellation, material change, non-
renewal artermination is required.
if the Dertificate of Insurance on its face does not show the existence of the
caverage required by items ~,D an authorised representative of the
insurance company must include a letter specifically stating whetf~er items ~.B.
~1 }-~7} are included or e~ccluded.
~D08 Luc Days Fireworks Permit ins. req.
3-~1-08 ep Pisk I~gmt.
~1.1LEG-alRlLiSa1~008 Barks antl R~creationlB~cDays.2008.si1ort,1'erm.Lease.doC
w~
w' ~
1
~ ~
~7 ~
~
~ r. ~
.
fir;~~~ ~ ~
~ 4
~ ~
V r~
~ ~ ~
~v
r ~ !y'
Y • t,
~ F"' ~ ~~~~4~
l
~ ~
~ ~ ~r~ ~
~ ~`y~ _ ~
~
y~~•.
S#' ~Lr
~ ` tir1
ra;~l
' ~
' iY :f~?t4F ;~~15,
-=.y.tivti~f .F.
f
51 I`+ r ~5 y
~ f[~.yJ/ ~ 333....5
RR .'s,,,~'f 5 * ~ d1r
~ { 4~~s+
~ta y~ I
R +
~ti~ r i , y
r w
'
a r ~ -
+ .
Y
k F
• ~1 ~rF '
{ .
?
*~~~~~F!
r~
~ ~ ~
# ~ ~ ~ ~
~ ~
• ~
~
'L 5
ENT RAISES~~~~.,N~,
n..u.ti~~x~i clK~tr~;~~h d.~
~ ~
~~'+a. .
i~
~ ~ ~ ~ ~
~ ~
larch t , X08
vice ~onex
dire arsha~' ~f~ice
Carpus Christi Fire De~arter~t
~0 ~ North Chapa~4rel, quite ~ Q
Carpus Christi, 7' ~'8~~ ~
fie: ~~rrotechnics ~erm~t
~ucaaneer ~a~ ~yratech~cs
Apr~1 ~~a8
]ear 'tck~:
Enclosed you will find a perrr~it infarmat~on for a close roximi oteohnie dis Za ~ h '
connection ~rlt~ the ~uccaneor ~a~rs Events, 'fie are propasin~ to use ~ roafofthe American Ban1~
Center Arena as a launching point for the close ~rpxin~ty otechr~cs in connec~an nth
~ ~
Buccaneer ~a~s fireworks shoes to be held.on April ~5 , Z rovidi~ much
~ f ' ' • t
~nfarmat~a~ as passible In paler to be able to COrisider ~s request.
The products proposed i~or this event are considered "Close ~roxin~x otechnics" and a
r
spec~~call~ er~~ineered for use close to audiences and stctures, ~ aro bin used e~tensivoi xn
~ F + ~
therr~e parrs, us~c cancers, from rpafs of bu~dings arzd In areas where disce is rest~cted and th
used of traditional displa~r ~ire~ror~s cannot be used These prpducts are bein used when eater
safety and control ~s required because ofe~rprec~se and ~red~ctable erforance,
~rO~IYI'llt~ P~rrateChl~os ~la~s~~le~ a `~Artieies, ~ roteohnic, ~ ~~3 ~ and are used i
~ n
eornpl~arrce NAPA ~ 1, which allow ~i~ng close to audtenees while usin ant a faction oi~the
~ Y
explosive can~posft~on usually found in con,~rent~anal d~spla~ f
ire~vors, "~~is is ~ ~ecise ~eehna~o
~
~~~e canve~at~ona~ #~rewarl~s, each component clas~~~ro~ deice is manufactured to enact
• ~ f
dtrriensxans, eight, and explosive force ~ow~er charges ire crefull e~ fed to tolerances wxthir~
Y ~
hundredths Qf a gram, Con~por~ent sx~es are con~o~led to ~v~th~n thousands Dian inch
. ght
d~sfances arrd break d~an~eters are controlled tightly within ages of a few feet,
~',r~r~~rx~ ~ec~t~~~rxr yr~~e~~x~~~ Pr+o~"uc~-~~~r ~e11~x~ce
r
P.Q, Ao~ GO Carr~e~; ~kl~homa 73'T~7 ~ Phune; ~8~~~ 3~'S~~~~4 ~~x ~5$~~ 8~~,~~D.~
'~Yeb its: www,~xew~rksbyw~~~~~~.c~rr~
r
1~~~1~ w ~i
1
r
arch ~ 3, ~2D~8
Donor
~~~e ll~a~ha~'s office
onus C~s~~ Fzre De~artmen~
fie: Fyro~eccs ~er~i~
Buc~ar~cer days ~yro~echn~s
April ~5, ~~~8
Fage ~
~ h~~e e~c~~se~ ~fox~ov~ing i~f~rma~~an fog you #o r~~r~~~v o app~ie~~o~t s ro~re a rn~t~;
P~ ~
P~aduct ~t~ir~
T.~e ~ire~rork~ ire ll~ap
~ 'fhe date of Texas ~er~ificat~on or~ns
4} of Texas fs#x~buto~'s I~~cense
5} es~e's BATS ~i~en~~
er~ca~e of Insu~n~~
~is~ ofreferences for close proximity ~ho~vs from roo~ops
8} ,A cheek zn a~no~ of $18~~~ for p~armit~ng fee.
Thank you i'o~ your help v~ith~ th~~, you any goes~io~s at ~1~, just ive me a ~1 a~ ~ #S~or~ 7~~
ax y cell phone 5~-48#7478,
i~cere~y,
te~re ~'~a~a~~, ~~ce Preiden~
ester En~erprise~,
'V~VESTERN ENTERPRISES, nve.
BUCCANEER DAYS PYROTECHNICS
APRIL 25, 2008
P1tQDUCT LISTING
AERIAL FINALES (516 shots)
~2 --2S-SHOT SALUTE CAKES (300 heavy reports for GRAND FINALE CLOSING}
I2 --18-SHOT 25MM/40MM COMBINATIQN FINALE PLATES {8 seconds} (216-shots, consisting
of mines, comets and aerials)
25MM COMET AND MINE PLATES (629 shops}
12 - 2~SHOT FAN CQNIET PLATE (24 shots)
12 - 3-SHOT FAN COMET PLATE (3G-shots)
15 - 5-SHOT FAN COMET PLATE ('75-shots}
12 - 5-SHOT VERTICLE COMET PLATE (60-shots)
10 - 5-SHOT ANGLE COMET PLATE (50-shots)
b - 3 X 3 SHOT FAN C OMET PLATE (5 seconds) (5~-shots)
6 - 3 X 5 SHOT FAN COMET PLATE (10 seconds) (90-spats)
6 -10-SHOT VERTICLE COMET PLATE (20 secflnd~) {bQ-shots}
3 - I S-SHOT VERTICLE COMET PLATE (30 seconds) (45-shofi~)
. 6 - 2 X 5 SHOT FAN COMET PLATE (20 seconds) (60-shot)
5 - 5 X 3 SHOT VERTICLE COMET PLATE {10 seconds) (75-shots}
40MM COMET. NIINE AND AERIAL PLATES (231 shots)
6~ -1-SHOT VERT~CLE PLATE (61-shots)
10 - 3-SHOT VERTICLE PLATE (30-shots)
ld 3-SHOT FAN PLATE (30-shots)
5 - 2 X 4 SHOT FAN PLATE (15 seconds) (Q~0-shots)
5 - 3 X 3 SHOT FAN PLATE (10 seconds) {45-shots)
5 5-SHOT `IERTICLE PLATE {10 seconds) (25-shots)
I
f ,r"""
A ~
.
4.
'
i a f
a.o~ ~ 's~
O ,
~ S
~o S ~
c~ ~ u'~
J
~4-wa ~ ~~,c~
p~~ isor~e~ndwo~ s,aaau~6~~ ,~~~.1.Q~t~~.~ C~
~ ~ 8 LE6 'oN
1
1~ ,
A
+ 4
D~I~ARTM~NT OF TWA ~`~~A~URY - AUR~IU OF ALCOHOL, TOBACCO ANO FIA~ARM
~ L~pEf~ElPE~ MST ~1 S U..~~ ~W~PT~R E~pLDlV~}
~ ~ In acccrdaece with the provlslons of Tltle lil, ~rgani~ed ~rlrne ~o~tral Apt of ~87Q, end the ~+egulatlons lasued tlrarerandar ~~T
CFR Part ~5~~ott may engage fn the ~ctivrtp sped}led !r? titre lfcenselpermlt ~vlthln tfte llmltattor~e ~ Chapter 4b, ~"ltle 19,1lr~ited
~ ~ Sfates bode and file regulations issued thereunder, t~ntll the explratlnn dad ehewo~ See "INARI?1lNQ~"and "N~TIC~,4" vrt hank.
C~risto~her Ft. Reaves ~ L '
oll~EC~r~T~ Chief, l+ederel ~xples~ves k~ ~ f 1 1 ~ ' 1 ~ 1 ~ 1 ~
oo~i;e~o~af Bureau o~ Al~ottal, Toga ~ y
ro X44 Needy Road
~Ilarlrnsburg, ~eSt Vi ~ # ~ 1 '
@~8 ~lOkl@; 1 F . r
i
i'~I~1 EB? Y4u m~sl na1Hy the F~l~ el lead t~ days before tl~e may
VIIET~RN ENTEF~I'I*ilE . ~ ~ 8 r w r 1 ~Ap
2
n~ of uc~~s~ a~ I~~>~r ~t ' =
~~lNiPC7FlT~R ~F I~-ilt~ ~ ~ ~ ~ ~ ~ '
CHIEF, FEDEP+IEEXPl~si~E& l1C~1461~CQ 0 ~ .
R. R~BVBS
sr'ti
PURCHA~INQ CE must nollty the F#+LC at least to days hafare
. ~ tie criar~t
~ ce?t1f tat this Is a true cap s
Issued to me to engage !n the fi ~ • T
1NC
u1
~SIGNATURE~F f.ICEI~~FJP~R ~ .
The ~lnsealpermittee named harem shell us • tl • ~ h
llcer~sel~ermlt to assist a transferor of explosives ' ~
and slalus of lha ilcansea~permlttee as provided In ~
The slgnalure on each reproduction must ba aui ORIaINAt.~
fi j
ATF F ~40Q,t4164~~.iG, Bart 1 ~~16~J
~~s~ed T~: L~C~~I~e N~~: p~0~~ ~
INET~R~I EIVTEF~P~1~, ~~C~ Expi~~tfon pate; ~~l1~~~9
P G~
A~RI~R, D~ 7~7~~
pofng Bu~lne~s As:
II~ETERN ENTE~P~~~E,1N~.
~ 35~ 3 CARRIER RD
~A~RlEF~ 7377
PA~I. I~ALp~iVAD~, ~TAT~ ~IR~ I~ARH?~~
s~aa~ ~e~,o~~
. ,
t
w
*4 ~ ' ~
~~a~, LTaa~
~ocatxon~ vn~ac~ ~`1re ~]e~~e~~ o~#a~t
~l~laha~n e~~e~ruai ~h~ra~ in ~a~is ll~r. R~oa~ Fegaly,
~per~ er~rrl~~ies Tu1s~, ~en~ennial Co~r~ui~tee asst. Fire Marshal
~o~nt~~ ~'Isa, 0 ~ In~es#~~nts Tulsa ~ Deparnent
4d~2 East ~ 7~0 ~ev~b~ocl~ Park fir.
Tulsa, 741 ~5 Tulsa, ~ 741~'~
X91 49d~~~5 ~~18} 59~~94~~
Den~~r New dear's Eire s, Lori Rhodes X06 Maki, Tiiian
~ Meet IUIa~~ Dov~tav ~e~ver Farershi Fire Pre~renti~n ~
~ ~
Denier, 5 ~ ~ ~ tr~et, ~i~e I~vestiatiou division
e~v~r, C~ ~~~0~~4~5~ De~~r Fie l~~part~ent
~7~~} 57~~97~7 ~V, ol~ax
~e~~er, ~ 5~~~4~
Football Touc~das ~s1~ey laystein, Assistant ~ire~t~r evi~ Lea~~, Fire ars~al
O~er~ F~~~d arke~i~ ~ Fromvans U'versity o~ Oklahoma
Uversi~y ~ ~klaharna ~Jniversity o~ ~k~ahnma 9~~ asp, Aye, ~oar~ ~ ~ ~
~or~na~, 18a , Br~oks,1, 3345 ~~ran, ~ ?319
Norman, 730 ~ ~405~ 3~5~983
3~5~751 ~
F~a~~l Touc~~a~ T~~ ,
~4. k~a~rnau Stadiums 1~ssaciate ,~~hle~c ~lireotor Asst, Fire ars1
~'~~re~sz a~ Tulsa Thy Ur~v~rity afTulsa Tulsa k'ire Department
Tulsa Saud Collie Avenge ~7b4 ~ebloel~ Park Dr~
Tulsa, ~ 1 a4 Tulsa, ~ 74 t 27
X31-23~ ~ {91 59~-94~~
New ~x ieo State ~Ja~versit~ hied Darreii smith hied Da~reli mid
Football Fire~rorks N1~SC~ Fire Deparer~t I~~U Firs Depar,e~~
Las Cces~ ~NI Physical Plant Department ph~si Fla,~t Depa,~ment
MSS X545 MSC 354
~e #e~ico State D~iversi dew e~xco ta#~ [~~versi
has Cruces, ~ 8800-8aai Las Cr~ce~, ~ ~8~~3~8~~1
~0~' Ann~~ersar~r Mr.ltichar~ a 1V~r, C. , Saache~
Q
Ai~uquerque 1~caden~y Aib~quer~ue Ac~de~n~ A1~uquerque Fire Dept
~4lbuque~qu,1V ~4~~ yo~ning Boule~rar, TAE Fire arsha~~s Cce
A~bu~uerque, ~ 871 ~9 74 ii~er
~8~331 ~ Albuquerrlue, ~11V1 871
Il~a~e ~e~eren~ces a~ra~Za~~e nPan ~re~ues~
.
s
t
A~~ ERTIFIATEFLIBILI~`Y~II~URAN~ °"T~~~~°°'
PRDDUCE#i Phone: ~~~-248-~~~~ Fix: 440-248-5446 THIS CERTIF~CATL~ IS ISSUED AS A MATTER OF INI^ORMATION
Britian-Gallagher and Associates, Inc. OhfLY ANa CONFERS I~0 RIGHTS UPON THE CERT1FfCATE
6 4 0 SOM Center Rd F HOLDER. THIS CERTIFICATE DOES NOT AMENDt EXTEND OR
Cle~reland 4H 4413 9 ALTER THE COVERAGE AI'FORDED SY THE PO~,ICIES BELOV~.
II`ISURE~S AFFORDING COVERAGE NAIL #
INSURED IN5URERA: Lexiri tan Insurance Ca
Western Enterprises, Inc. II~SIIRERB:Granite state Insurance Co. 3809
I.3513 W, Carriex Road
C~rri~r q~t 73727 INSURER~;Arch ~ ecial.t Ins
INSURER d.
INSURER E:
COVERAGE5
THE POLICIES OF INSC~FAI~CE LISTED BELOW HAVE SEF~N ISSUED TO THE INSURED NAMED A$OVE FOR THE POLICY PERIOD INDICATEp,
NOTWITHSTANDING ANY REQUIREMENTr TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DF~SCRI88D HEREIN IS SLyBJECT TQ ALL THE
TERMS, EXCI,USXOI~S ANU COI~DITION5 OF SUCH PDLTCYES. AGGREGATE LIMIT$ SHOWN MAY HAVE BEEN REDiJCED BY PAID CLAIMS.
IN5R DD" POLICY HUMBER POLICY I:fFI:CTIVE POLICYI:lfPIRATION LIMBS
~ GENERALLIdBILITI" 215/2009 E?4CHOCtaURRENCE $ 1 ~~Q
~ CaMMERCIAL GENERAL LIABILITY PREMISES Ea accurertice ~ ~ ~ ~
CLAIMS MADE ~ OCCUR MED E7LP (An one person) $
PERSONAL&ADV INJURI' $ ~ ~ ~ Q ~ ~ Q
GENERALAGGREGATE $ ~ ~ ~ ~ Q Q ~
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOi~AGC~ $ ~ ~ ~ ~ ~ ~ Q
POLICY ~ PRQ LQC
$ AUTOMO@!LE LIdBILITY ~ $ ~ ~ ~ Q ~ ~ ~ 1 ~ ~ ~ ~ ~ $ ~ ~ 1 ~ ~ ~ ~ ~ ~ COM@INED SINGLE LIMIT
~ ANY Aura accide~nt~ ~ 1, D ~ 0 , 0 0 0
ALLaWNEDAUTaS @aDILY INJURY
{Perperson) $
SCHEDULED AIJrOS
~ HIRED AUr08 BODILY INJURY
{Per accident) ~
~ NoN-owrWEO ~auros
- PROPERTY DAMAGE $
{Per eocident)
LiARAGE LIABILITY dUTO ONLY • EAACCIDENT ;
ANY AUTO EA ACC S
OTHER THAN
AIJTOONLY; AGG $
~ E]iCi:SS1UM8RELLALIRBILITY p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $ ~ ~ 1 ~ ~ ~ ~ ~ ~ EACH OCCURRENCE $ 4 ~ ~ ~ Q ~ ~
~ occuR ? CL?aIMS N4,4DE AGGREGATE $ ~ ~ p p O ~ ~
$
DEDUCTIBLE $
RETENTION $ ~ Q Q Q ~ $
YYORKERS CONiPE~fSATIaN AND WC STATU- aTH-
ENIPLDYER5' LIABIi-ITY
E.L. EACH ACCIDENT $
ANY PROPRIETOR~PARTNERlEXECUTIVE
OFFICE#tlMEMBER E~CLUQI<D? E.L, DISEASE - EA EMPLOYEE ~
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT ~
OTHER
QESCRIPTIQN OF OPERATIONS ~ LOCA7i0NS ~VEHICLI:I E7(CLiJSIDHSADUEU ~Y ENDQRSE~II:NTISPECUIL pROYESIONS
DITIONAL INSUREDS: City of Carpus Christi & its Agent; Buooaneer Commission, Ino., American Bank Center
ispl.ay Date: April 25, 2D48
oca~ivn; American Sank Center; Corpus Ch~'istir TX
osti~3.e Fi,re~Products Pollution Endorsement.
aivex o~ Subrogation in favor of Additional Insureds.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY 0~' THE ABOVE DESCRIBED POLICIES BE CANCELLER
88F~RE THE EXPIRATION DATE., THEREOFr THE ISSUING INSURER
City D~ Corpus Christi, Texas WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
p ~ BDx 9277 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO O
Corpus Christi T~ 7$49 SHALL IMPOSE NO OBLIGATION OR LIABILI'T`Y OF ANY KIND UPON
THE INSC]RER, ITS AGENTS OR REPRESENTATZV$$,
AI~THDRIZED REPRI=SI:NTATNE
AGORD 25 ~2oal~as~ ~ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIQNAL INC~R~D, the policy~ies~ must be endorsed, A staterr~ent
on this certificate dues net confer rights to the certificate holder in Ilea of such endorsement{s~.
If ~UBR~GA~'l~N i 1111AIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endarsement~s}.
~1S~LAiNlER
The certificate of Insurance an the reverse side of this form does not constitute a contract between
the issuing insurer{s~, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the average afforded by the policies 1'rsted thereon.
~ca~~ {2o~~~os}
QATE (I~I~RfQQ1YYYY~
lF~ ATE F i~l~~l~~~'Y INURE o~~~~lzoos
FROQUC~R ~58a~~33-144 FAi( (5$D~42~GaD~ TH1 CERTIFICATE ~ I~~UEa AS A MATTER OF INFORMATION
I+~es~er-Bowers Company QNLY AND CQNFER NO RIGHTa UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE ODES NQT AMEN, E~TENO OR
P. 0. Box 134 ALTER THE CQVERAOE AFFORDED BY THE POLICIES SELOIN.
En;d, a~ 7~7a~
INURER AFFORDING COVERAGE NA1~ #
INSUREQ Western Enterprises Inc. 1h4SURERA: Texas Mutual ~nSUran~e Company
~a BaX ~a INSURED 1~1:
~arlrier, CK 1371 INSUR~RC:
INSURER D:
INSURER E;
VE A E
THE POLICIES OF INSURANCE LISTEa BEEOW HAVE BEEN ISSUED TO THE INSURED NA~IfD ABOVE FOR THE POLICY PERIQD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Ofl OTHER DOCUM~~IT WITH RESPECT TO 1N~IICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN5R QQ' TYPE OF INSURANCE POLICY HUMBI*R POLICY EFFEC7iVE POLICY EXPIRATION LIMITS
GENERAL 41ABiLITY EACH OCCURRENCE $
COMMERCIAL GEnh#ERAL LIABILITY DAMAGE T~ RENTED ~
CLAIMS MADE ~ OCCUR MED E?tP (Any one person} $
PERSONAL & ADV INJURY ~
GENERAL AGGREGATE
GEN"L AGGREGATE LIMIT APPLIES PER: PAOQUCTS - CDMP~OP AGG 3
POLICY PRO- LOC
JECT
AUTQMOBILE LIABIIIYIf COMBINED SINGLE LIMIT ~
ANY AUTO ~Ea aoddent}
ALL ?1NNED AUTOS BODILY INJURY
Per person} ~
SCHEDUL.EQ AliT05
HIRED AUTOS BODILY INJURY
(Per accident}
NON-01NhfED AU7O5
PROPERTY DAMAGE ~
Per accident]
GARAGE LIABILITY AUTO OI+1LY - EA ACCIDENT ~
ANY AUTO OYHER TFIAN EA ACC
AUTO ONLY: AGG
EXCESSIU~113RELLA LIABILITY EACH QCCURRENCE $
OCCUR ~ CLAIMS lN~4DE AGGREGATE ~
S
DEDUCTIBLE ~
RETENTION $ ~
WORKERS COMPENSATION ANI] STA-~401118~$1 ~G/1~ f ~aa~ Ofi/12/~Oa7 X WC STA7U- OTH-
ttiMPLOYERS' LIAa1LI1`Y E,L. EACH ACCIDENT Sao as
ANY PROPRIETORfPARTIVERIE?(ECUTIVE
OI+FICERfMEMBER I<XCLIJDED? E,L. DISEASE - EA EMPLOYE ~ 5OQ as
II yyes, desen~e under E.L. DISEASE -POLICY LIMIT $ ~aa as
SPECIAL PROVISIONS below
OTHER
~
WAIVER ~~p U~~U~ATII~NNIN EFAV~R a~ ~TNE~CITY~O~
CQR
UP
S~ CHRISTI Islar>Is
~aa~~r ~aT~CE
STATE aF TEJ~AS
TI E H ,DER LLA
SHOU>-O ANY OF THE ARQVE DESCRIBI;Q POLIi~ES BE CA~iCELLED BEFORE THE
EXPIRATION QATE THEREOF, THE ISSi11NG INSURER WILL ENOEAYOR TO MAIL
GAYS WRITTEN NOTICE TO THE CERTIFICATE F~QLDER NAMI~D TO THE LEFY,
CITY OF C~RPI~S CHRISTI SLIT FAILUF;E TD MAIL SUCH NOTICE SHALL IMPOSE NOOBLIQATION OA LIABILffY
~ d OF ANY KIND UPON THE INSURE#I, R5 AGEHTS 01~ REPRESENTATIVES.
CURPUS CHRISTI, TX 154~~ AUTHORIZER REPRESENTAYIVE
Jahn Bowery III
ACORD 2~ ~~0~11I~8} ~ACORD CORPORATION 1988
r
•
l
~I~P~RT~4l~T
If the certificate holder is an ADDITI~NAI. INURED, the policy~ies} must be endorsed. A statement
on this certificate does not confer rights to the certificate molder in lieu of such endorsements}.
If UgROATI~N I vVAIVEa, subject to the terms and conditions of the policy, pertain policies may
require an endorsement. A statement on thEs certificate does not confer rights to the certificate
holder in lieu of such endarsement~s~.
DICLAI~IIER
The certificate of Insurance an the reverse side of this form does not constitute a contract i~etween
the issuing insurer{s}, authorized representative ar producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend ar alter the coverage afforded by the policies listed thereon,
ACRD ~2001f08}
i ~
L ~
~J
V
Ll 111~1~~~ ~~:J~
Storage, Transportation and Load-in security
A. The pyratechnres will be stared outsrde the city llrnrts of corpus Christi until
they are ready to be loaded ants the building raoftop~ Whey gill be stared in
compliance with all local, Mate and Federal requirements.
B. ~n the day of land-in the pyrotechnics will be delivered to the site in a secure,
closed body truck,
. There will be a rrilnlmur~ of 5 personnel who will be on the load-in crew at all
times the pyrotechnic materials axe bei~ag loaded ants the rooftop, At all tarries
there will be at least one technician an the ground where the pyrotechnics are
being loaded frorr~ the truck and at least one technician an the roof where the
pyrotechnics are being lifted to the roof.
D. Twa water extinguishers will be available on the ground and two mailable an
the roof during load~in,
lr. Rooftop Security
Fire Bxt1nu~shers ^ we will have 4 - 5 gallon water extinguishers on the
rooftop as well as access to the standpipe on the rooftop itself.
B. Personnel -Where will be a minin~un~ of trained pyrotechnicians and
assistants attending the pyrotechnics an the rooftop at all tarries prior to, during
and after the display. All personnel will be in communication through away
radios on a dedicated channel.
~'he personnel on the roof during the firing of the show will be designated as
ane spotter wha will watch the effects as they axe firing and watch for any
rriaterial coming down to the roof surface, one combination spotter and
cornn~unication person who will man the radio and also watch the effects as
the display is fired and one operator responsible far firing the display.
D. Ail provisions of code NFPA l l ~3,Rooftop chapter and NFPA 112,
Pyrotechnics Before a Proximate Audience as well as any other regulations
required for this type of production will be followed.
~~1. Audience ~CUrlty
A. Just prior to, during and after the display there will be one assistant spatter
positioned on the ground to the South of the building below the firing location
and one assistant spatter positioned on the ground to the fast of the building
below the firing location to monitor any fallout ar other nnaterial that corrres
off the roof to where the audience is located
B~ All assistant spatters will have the sann.e communication as the personnel on
the roof.
Any fireworks debris ar materials observed by the spatters or y other parties
an the ground that carves down where the audience is located will be cause to
notify the operator to stop the display ~'he display will not be resurried unless
conditions are sufficient to conduct the display safely and upon approval of
the corpus Christi Fire Department.
•
YY ~ 1 P~111V ~~~~~11~~.7~
BU~ITY PLAN
BUAI~NFE~. DAB
ORPU~ ~HRITI, TEA
APRIL 2~~8
PAIL ~
r. o~nrr~un~cation
A, xadlas will provided western Enterprises, Inc. for all technicians
on the fireworks crew as well as one for the designated Fire Department
representative and the designated representative of the sponsor.
constant camamunicatian will be maintained between the operator an the roof,
the spotters on the raof, the spatters on the ground, the Fire Department and
the sponsor.
If at any tune this com~.n~unicatian is broken ar interrupted the display will be
stopped until that communication is restored.
Product Description
A.. All product used in this display is l Articles Pyrotechnic and is subject to
the requirements of I~FPA 1 I Pyrotechnics Before a Proximate Audience
B. 'e are positioning the products on the rooftop approximately feet away
from the edge of the rooftop toward the center of the building and we do not
anticipate having to establish a secured area on the ground.
C. 'fie have used this product from rooftops and elevated stractures in many
venues where we did not have a secured area an the ground, I have enclosed a
cagy of a list with contact information of other Fire Marshals and sponsors
who have approved these products without a secured area below the firing
location.
Vl. Insurance
A. western enterprises, Inc. provides S,a~D,40a.0~ in general Liability and
Autan~obile Liability coverage as statutory worker's compensation coverage
on employees.
B, Any entities requested by the sponsor will be added to the General Liability
and AUtorriablle L~ablllty poltcles additional insureds.