HomeMy WebLinkAboutC2008-204 - 6/10/2008 - ApprovedState of Texas
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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
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CITY OF CORPUS CHRISTI
George K. Noe
City Manager
9r� 02116,.. AU1hUktw
If council. 0 (9nn11 . I OS
td;,C..
SEcler!
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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
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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
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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