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HomeMy WebLinkAboutC2008-204 - 6/10/2008 - ApprovedState of Texas Page 1 of 14 Use Permit for Bay Ball Ballyhoop 2008 Know All By These Presents: County of Nueces This Use Permit is entered into between the City of Corpus Christi ( "City'), a Texas home -rule municipal corporation, acting through its duly designated City Manager; and Special Olympics, Inc. a Texas nonprofit corporation, ( "Permittee ") acting through its duly designated Agent to produce the Bay Ball Ballyhoop 2008, and in consideration of the covenants contained in this document. 1. Definitions. a Use Permit means this document, including all attachments and exhibits that are referred to in this document. b City means the City of Corpus Christi, a Texas home -rule municipality. c Permittee means Special Olympics, Inc. d Event or the Event means Bay Ball Ballyhoop 2008 and related activities sponsored by Permittee. e Premises means the site for the Event, more fully described on the attached Exhibit A. f City Manager means the City's City Manager or his designee. g Parks Director means the City's Director of Parks and Recreation or his designee. h City Traffic Engineer means the City's Traffic Engineer or his designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee, for the Event. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. 1 City Attorney means the City's Attorney or designee. 2. Term. This Use Permit is for a term of seven (7) days, commencing on July 22, 2008, 2008 and ending on July 28, 2008. Permittee will be entitled to exclusive use of the Premises for a period of seven (7) days from Tuesday July 22, 2008 through Monday July 28, 2008. 2008 -204 Ord. 027718 06/10/08 Special Olympics Page 2 of 14 3. Premises. City grants to Permittee the privilege of using the City property described on the attached Exhibit A to conduct the Event. The property is generally described as follows: a. Parking Lot: The parking lot on the south side of the Memorial Coliseum, located along Shoreline Blvd. b. Parking Lot: The parking lot on the north side of the Memorial Coliseum, located along Shoreline Blvd. 4. Premises Revisions. Activities by Permittee will be limited to the above described Premises. If Permittee wishes to use any additional City-owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or other structures or apparatuses may be placed by Permittee on the grass or shrub - covered areas of the Premises except as provided by the site plan and Event Layout Diagram in the attached Exhibit A,without prior written approval from the Parks Director. If Exhibit A is revised, a new Exhibit will be filed with the City Secretary and Parks Director and supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram. Permittee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Permittee must pay City applicable Parks and Recreation Special Event Permit fee and applicable Traffic Engineering permit fee. 7. Payment of City Costs. In consideration for use of City property Permittee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. The City will invoice Permittee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Permittee, the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days. a. Costs. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b., below. Page 3 of 14 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. Permittee will pay Citys Costs, if any, as billed within 30 days after City tenders invoice to Permittee. b. Notice of Costs. At least 20 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Permittee representatives to discuss City Services to be provided for the Event and the cost to be paid to City. Permittee shall be liable for all actual cost incurred by City related to the Event. c. Late Fee. Permittee's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Permittee shall result in a late payment fee being assessed against Permittee. 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 will be added to the net amount payable to the City. 8. Deposit. No deposit is required for this Use Permit. 9. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Permittee: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 FAX (361) 880 -3864 e -mail SallyG @cctexas.com e -mail MichelleT @cctexas.com Special Olympics, Inc. Attn: Development Director 10223 McAllister Freeway, Suite 100 San Antonio, Texas 78216 email: sfreeman- hicks @sotx.org (210) 326-4921 10. Parking. Permittee will provide parking and signage for people with disabilities in close proximity to the Event entrance and defined on the Premises map and Event Layout Diagram. In addition, Permittee will provide parking passes for City personnel scheduled to work during the actual Event. 11. Temporary Street Closures. The street closure process will govern any necessary street closures. Permittee must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. Page 4 of 14 12. Barricades, Traffic Signs. The Permittee must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions /facilities affected by any street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. The Permittee must pay the cost of additional signage. 13. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. On all advertising for the Event, Permittee shall recognize City's contributions to the Event. 14. Rest Rooms, Drinking Water and First Aid. The Permittee must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. 15. Security. Permittee must provide uniformed Security Officers during the Event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off - site traffic control. The Police Officers will be assigned duty stations by the Police Chief, or his designee. Permittee shall pay to City the cost for these services as provided in Section 7 above. 16. Insurance. Permittee must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirements of the City's Risk Manager as shown in the attached Exhibit B. The City must be named as an Additional Insured on all liability policies. Permittee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit B. to the City's Risk Manager two (2) weeks prior to the non - exclusive use period. Permittee must require all volunteers to sign an accident waiver form that Permittee must keep on file. This form must be submitted to the City Attorney for approval. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties. In addition, Permittee must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. This insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. 17. Indemnity. Permittee must indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, Page 5 of 14 liabilities, expenses, and judgments recovered from or asserted against indemnitees on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitees or on the part of Permittee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Use Permit, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Permittee, or when any injury or damage is the result, proximate or remote, of the violation by indemnitees, Permittee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees 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 described in this Use Permit or out of the use or occupancy of the improvement to the Premises or the Premises itself by indemnitees, Permittee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of indemnitees, but not if that damage or injury results from negligence or willful misconduct of the indemnitees. Permittee covenants and agrees that if City is made a party to any litigation against Permittee or in any litigation commenced by any party, other than Permittee relating to this Use Permit, Permittee shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. 18.Safety Hazards. Permittee, 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. 19.Damages to City Property. Parks Director will provide to Permittee a list of damages to City property within two (2) days after the close of the Event. Permittee will restore all items on the list within three (3) days after receipt of the list. If Permittee fails to restore all items on the list, Parks Director may do so and invoice Permittee for Costs, as set out in Section 7 above. Page 6 of 14 Permittee or its agent must fill and compact all holes in grassy areas made by Permittee 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 Permittee or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes in the pavement, curbs or sidewalks or seawall requires the prior written approval of the City's Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 21. Permits. Permittee 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. Permittee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks and Recreation Department, if alcohol will be sold at the Event. Permittee must notify the Parks Director of any special conditions imposed by any permitting agency. Permittee must require all vendors to obtain and comply with appropriate permits from the City- County Health Department for sale of foods and protection of the public welfare. 22.Cleanup. Permittee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Permittee may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Permittee and taken to a location designated by Permittee. If there are any storm water inlets anywhere within the Premises, Permittee must install screens, approved by Stormwater - Utility Division, across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Permittee must remove the screens after the close of the Event. However, Permittee must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. 23.Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the non - exclusive use period in Section 7. Construction that causes damages will only be allowed if Permittee provides the Parks Director prior written assurances that Permittee will remedy said damages in accordance with Section 17 above. 24.Temporary Buildings. All temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non - exclusive use time period. Page 7 of 14 25. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Permittee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. City authorizes Permittee to access and temporarily modify City's existing electric service distribution center in McCaughan Park in order to distribute electric service to Premises. Permittee, at Permittee's sole expense, shall remove the modifications within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this Use Permit. Permittee shall reimburse City (under Section 7 of this Use Permit) for electric service consumed during the Term of this Use Permit. 26. Permissible Vendor Location Markings. No paint or semi - permanent marking will be permitted that in any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Permittee agree that any disputes that may arise between them concerning this Use Permit, such as determining the amount of damage to City property related to the Event, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within 10 days after the written decision of the City Manager has been sent to Permittee. In the event of an appeal, the decision of the City Council will be final. This Use Permit in no way waives Permittee's rights to seek other legal remedies during the appeals process. 28.Fire Lanes. Permittee must, at all times, during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. 29.Assignment. Permittee may not assign or transfer this Use Permit or make any alteration therein without the prior written consent of the City. 30.Termination. Any failure on the part of Permittee to perform any of the covenants contained in this Use Permit, or any breach of any covenant or condition by Permittee entitles City to terminate this Use Permit without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Permittee shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Permittee and those sums inure to the benefit of City as a set -off against any debt or liability of Permittee to City otherwise accrued by breach of this Use Permit. Page 8 of 14 31. Right of Permittee to Use Public Property and Streets. Permittee acknowledges that the control and use of public property and streets is declared to be inalienable by the City and except for the use privilege granted herein, this Use Permit does not confer any right, title, or interest in the public property and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval of the City Council as required by City Charter and ordinance and the compliance by Permittee with the terms and conditions contained within this Use Permit. 32. Not Partnership or Joint Venture. This Use Permit may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Permittee by the City are compensation for provision of City services as described herein and for the right of Permittee to use public property for the limited purpose described in this Use Permit. 33.Compliance with Laws. Permittee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act, all at Permittee's sole expense and cost. 34. Non - discrimination. Permittee warrants that it is and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 35. Cancellation of Event. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event if cancellation is necessary to protect the public health, safety, or welfare. If the Event is cancelled under this section, Permittee relieves City from all liability that may result from the premature closing of the Event. 36. Entire Use Permit. This Use Permit and the attachments and exhibits referred to in this Use Permit constitute the entire Use Permit between the City and Permittee for the use of the Premises for the Event . All other Use Permits, promises, and representations, unless contained in this Use Permit, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Use Permit and the attachments and exhibits referred to in this Use Permit, of the terms, conditions, promises, and covenants relating to Permittee's operations and the Premises to be used in the operations. 37. Interpretation. This Use Permit will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Use Permit was entered into and will be performed. Page 9 of 14 The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Use Permit does not render the other provisions unenforceable, invalid, or illegal. 38. Modifications. No provision of this Use Permit may be changed, modified, or waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Pane 10 of 14 Fn,:,rutud is Duplicate Originals on /// lj 2008 PERMITTEE tagrer s% b ea7 - STATE OF TEXAS COUNTY NUECES his instIument was acknowledged before me on as [3, 2008, by S S �Z/ypj7� gay . eNt: Director for Special 01 ation_ on behalf of aid corpo lion_ I'iiblic State airauon Date GABRIELA E. GONZALEZ Notary Public, State of Texas My Commission Expires September 07, 2009 apics. Inc a Texas nonprofit ATTEST: Armando Chapa City Secretary J • u APPROVED March- at 2008 Lisa Aguilar Assistant City Attorney For City Attorney Page 11 of 14 CITY OF CORPUS CHRISTI George K. Noe City Manager 9r� 02116,.. AU1hUktw If council. 0 (9nn11 . I OS td;,C.. SEcler! Page 12 of 14 EXHIBIT A Depiction of Premises and Event Layout Lisa Aguilar - Exhibit A DRAFT.ppt Page 1', Lisa Aguilar - Exhibit A DRAFT.ppt Page 2 Tournament Area Layout Volunteer & Referee Tert 2 H Medical DJ & Oversight Tower AtRestrooms along the wall of Memorial Coliseum Scoring Tent Lisa Aguilar - Exhibit A DRAFT.ppt Page 3 Parking Area Layout Tournament General Parking Flat Top Area Reserved for StaffNolunteers AND 10 marked areas for Handicapped parkin Memorial Coliseum EXHIBIT B I. INSURANCE REQUIREMENTS Page 13 of 14 A. Permittee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury / Advertising Injury $1,000,000 Combined Single Limit AUTOMOBILE LIABILITY -- Owned, Non -owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and large items $500,000Combined Single Limit Page 14 of 14 2. Permittee workers and volunteers AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Permittee employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2008 Special Olympics Bay Ball Ballyhoop ins req. 3 -31 -08 ep Risk Mgmt