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HomeMy WebLinkAboutC2008-215 - 6/24/2008 - ApprovedPage 1 of 17 ZIEGENBOCK USE PERMIT State of Texas § County of Nueces § Know All By These Presents: This Use Permit Agreement is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or designee, and Matthew Peveto dba Mustang Music Festival, acting through Matthew Peveto, ("Promoter") and in consideration of the covenants contained herein. 1. Definitions. a. City -means the City of Corpus Christi, a Texas home-rule municipal corporation. b. Premises -means the site for the ZiegenBock Event, as more fully described on the attached and incorporated Exhibit A. c. Event -means the ZiegenBock Music Festival on Corpus Christi Beach. d. City Manager -means the City's Ci#y Manager or designee. e. Parks Director -means the City's Director of Parks and Recreation or designee. f. City Traffrc Engineer -means the City's Traffic Engineer or designee. g. Police Chief -means the City's Police Chief or designee. h. Risk Manager -means the City's Director of Risk Management or designee. i. City Attorney -means the City's Attorney or designee. j. City Secretary -means the City's City Secretary or designee. 2. Term. This Agreement takes effect upon execution by the City Manager. Matthew Peveto dba Mustang Music Group will be entitled to use of the Premises from July 21 to July 29. The use periods are more fully described in Exhibit B incorporated and attached hereto. City Manager may authorize amendment to Exhiibit B. 3. Premises. City grants to Promoter the privilege of using the following described City property solely to conduct its Event: Corpus Christi Beach as described on Exhibit A, from Hotel Place to Steward Place, encompassing the Promenade. 4. Premises Revisions. Request by Promoter for use of additional City-owned areas requires prior written approval from the Parks Director. 2008-215 Ord. 027734 Ob~24~08 emporary Internet Files10LK341ZiegenBock 2DD8 Short Term UsePermit.doc Matthew Peveto Page 2 of 17 If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram (Exhibit C, to be attached at least 2 weeks prior to Event). Promoter 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. 6. Special Event Fee and other use fees. Promoter must pay City aone-time nonrefundable Special Event Permit fee in accordance with City ordinance. Promoter mus# also pay City a nonrefundable fee of $5,000.00 far use of the Premises. 7. Payment of City Costs. In consideration for the use of City property, Promoter will pay the City within 30 days after the City submits a bill to Promoter for the actual costs incurred for services rendered, including, but not limited to, any City services provided by the Parks & Recreation Dept., Police Dept., and any other City department. The Parks Director will bill Promoter for these costs within thirty (30) days after the Event. The bill will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Promoter, the Parks Director will furnish reasonable supporting documentation of these charges within ten (10) calendar days. A. Direct Costs. City's Direct Costs in assisting with the Event include but are not limited to: 1. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. Damages may be repaired by Promoter, subject to prior approval of the Director. 2. Costs of labor for clean up, or additional cleanup required by the Director of relevant City departments, at applicable City rates for the year billed. (Promoter will be given the opportunity to hire and work its own clean-up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. Promoter will be responsible for 100% of all City non-police Direct Costs and 100% of police actual costs for Event. 4. Costs of set-up and takedown, at applicable city rates for the employees assigned for the year billed. Parks Director will provide a itemized bill of Direct Costs, if any, within 30 days after the Event closes. Promoter will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Promoter. C:1Documents and SettingslMali Pevetolt_ocal SettingslTemparary Internet Files10LK341ZiegenBock 2008 Short Term UsePermit.doc Page 3 of 17 B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ("City Services") including but not limited to: 1. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Promoter must provide plastic trash bags for the trash barrels. 2. Furnish and/or transport barricades, signs, cones, etc. to the Premises (see Section 13}. 3. Provide other services requested by Promoter and agreed to by Parks Director. C. Notice of Costs. Before the Eventthe Parks Director, Police Chief, and City Traffic Engineer will meet with Promoter representatives and execute an exhibit describing City Services to be provided for the Event and the cost to be paid to City. That exhibit shall be attached as Exhibit E. Notwithstanding the cost shown in Exhibit E, Promoter shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost or type shown in Exhibit E. D. Late Payment Fee. Promoter's failure to pay City's bill within 30 days after submittal to Promoter shall result in a late payment fee being assessed against Promoter. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. $. Deposit. At time of signature by Promoter, Promoter must pay the nonrefundable Special Event fee and nonrefundable Premises use fee described above, alus a deposit of $10,000.00 at time of signature, made payable to the City. The deposit will be used to reimburse the City far any costs incurred. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Promoter within 30 days after the Event. 9. Noise Ordinance. Promoter acknowledges receipt of the City's noise ordinance and agrees to comply with its provisions. Failure to comply with provisions of noise ordinance is grounds for immediate cancellation of this Agreement by the City Manager or designee, without penalty to City. 10. 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: Director of Parks and Recreation City of Corpus Christi if to Promo#er: Matthew Peveto dba Mustang Music Group 11250 West Road Bldg .t Corpus Christi, TX 78469-9277 Houston, Texas 77065 C:1Documents and 5eftingslMatt PevetolLocal SettingslTemporary Internet Files10LK341Ziegent3oclc 2008 Short Term UsePermit.doc Page 4 of 17 (361) 880-3461 (832} 237-8900 FAX (361 } 880-3864 FAX (832) 237-8902 11. Temporary Street Closures. All temporary street closures requested by Promoter are subject to the requirements of City Ordinances, 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. 12. Parking. Promoter will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). Promoter must demonstrate to Parks Director and Traffic Engineer provisions for adequate parking to serve the estimated attendance at the Event. 13. Barricades, Traffic Signs. Promoter must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractionslfacilities affected by the 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. Promoter must pay the cost of additional signage. 14. signage and Advertising. On Premises signage and advertising proposed for the Even# must receive the Parks Director's prior written approval. On all advertising for the Event, Promoter shall recognize City`s contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. Promoter must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Direc#or. A first aid station must also be provided throughout the duration of the Event. Promoter shall comply with such other health and sanitation requirements as may be required by the City Manager or designee. 1fi. Insurance. Promoter agrees to provide certificate of insurance at least two weeks prior to the start of the Event that complies with the insurance provisions on attached Exhibit F. 77. Indemnity. Promoter must indemnify and hold City, its officers, agents and employees ~"Indemnitees") harmless of, from, and against al! 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 the extent the damage or injury maybe incident to, arise out of, or be caused, either proximately or remofely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Promoter or any of its agents, servants, employees, C:IDocuments and SetlingslMatt PevetolLocal SettingslTemporary Internet Files10LK341ZiegenBock 2008 Short Term UsePermit.doc Page 5 of 17 contractors, patrons, guests, Licensees, or invitees entering upon the Premises pursuant to this agreement to use the Premises, attend, or participate in Promoter and associated activities, on the premises with the expressed or implied invitation or permission of Promoter, or when the injury or damage is the result, proximate or remote, of the viola#ion by Indemniitees, Promoter, 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 the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Promoter, Its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, 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. Promoter covenants and agrees that if City is made a party to any litigation against Promofer or in any litigation commenced by any party, other than Promoter relating fo this agreemen#, Promoter shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Promoter, upon 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 specified in the notice of safety hazards. 19. Damages to City Property. Landscaped areas within the Premises must be protected during the Event. City will provide Promoter's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event annually. Promoter will restore all items on the punchlist within 3 days after receipt of the punchlist. If Promoter fails to restore all items on the punchlist, Parks Director may do so and bill Promoter for Direct Costs, as set out in Section 7 above. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City's Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. C:IDocuments and SeitingslMatt Pevetollocal SettingslTemporary Internet Files1OLK341ZiegenBock 2008 Short Term UsePermit.doc Page 6 of 17 2'I. Permits. Promoter must require al! vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Ciity-County Health Department for the sale of foods and the protection of the public welfare. Promoter's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out herein. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Promoter must also obtain a Street Closure Permit if required by Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection. Promoter's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Promoter must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Promoter may designate the zone, but it wil! 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 Promoter and taken to a location designated by Promoter. Promoter may hire and work its awn clean-up crew during and after the Event. If the Parks Director determines that additional clean-up is necessary, she will give Promoter's Agent 2 hours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Promoter. Promoter shall promptly clean up of the Premises after the Event, so that the Premises are in as good condition as when Promoter first began use of the Premises. Clean up must be completed within twelve hours after end of the Event. 23. Construction. All structures associated with the Event must be temporary and promptly removed after the Even#, no later than one day after the end of the Event. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Promoter provides the Parks Director prior written assurances that Promoter will promptly remedy said damages and Parks Director approves the construction in writing. 24. Temporary Buildings. Promoter must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All the buildings must be removed within the non-exclusive use time period. 25. Electrical & Water Serr-ices. Electrical and water service is not provided on or at the Premises. Promoter must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspec#ion Division in order to install electrical service for Ca~ocuments and SettingsVNatt PevetolLocal 5ettingslTemporary Internet Files10LK341ZiegenBOCk 2008 Shorl Tenn UsePermit.doc Page 7 of 17 the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, elec#rical, plumbing, tents and structures, inspected and approved. It is the responsibility of Promoter to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 26. Permissible Vendor Location Markings. No paint or semi-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 may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas}. 2T. Dispute Resolution. City and Promoter agree that any disputes which may arise between them concerning this Use Permit Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, 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 ten (10} days after the written decision of the City Manager has been sent to Promoter. In the event of appeal, the decision of the City Council will be final. This Use Permit Agreement in no way waives Promoter's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Promoter must at all time 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. Promoter must, at all times in its use of the Premises, provide driveway access for emergency equipment. 29. Assignment. Promoter may not assign or transfer this Use Permit nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Terminatiion. Any failure on the part of Promoter to perform any of the covenants contained in this Use Permit, or any breach of any covenant or condition by Promoter entitles City to terminate this 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 Promoter is a waiver by or estoppel against City. In case of termination City is entitled #o retain any sums of money theretofore paid by Promoter and the sums inure to the benefit of City as a set-off against any debt or liability of Promoter to City otherwise accrued by breach hereof. 31. Right of Promoter to Use Public Property. Promoter acknowledges that the control and use of public property is declared to be inalienable by the City and except for the use privilege granted herein, this Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property C:IDocuments and SetUngsWlatt PevetclLocal SettingslTemporary Internet Files10LK341ZiegenBock 2008 Short Term UsePermit.doc Page 8 of 17 granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Promoter with the terms and conditions contained within this Use Permit. 32. Not Partnership or Joint Venture. This Agreement 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 Promoter by the City are compensation for provision of City services as described herein and for the right of Promoter to use public property for the limited purpose described herein, an outdoor music festival. 33. City Services Subject to Appropriation. Promo#er recognizes that the services provided by the City pursuant to this Use Permit are subject to 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 July 31 of each year, is 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 Use Permit will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Promoter must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Promoter's sole expense and cost. 35. Non-discrimination. Promoter warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that na employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, disability, color, or national origin. 36. Fence. Promoter may provide a temporary six-foot (6') chain link fence around Premises, with gates for access. The fence will help improve security, crowd control, and litter control. 37. Admission Fee. Promoter may charge an admission fee for the Event as follows: One day ticket is $17.50. Two Day pass is $25.00. There will be discounted prices for active military, city employees and persons with disabilities. Special events connected with Promoter may charge another fee to help defray the cost of entertainment. 38. Security. Promoter must provide uniformed Security Officers during the Event. Promoter will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Promoter. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security guard as well as a sworn peace officer. C:loocuments and SettingsWlatt PevetolLocal SettingslTemporary Internet Files10LK34tiZiegenl3ock 20l)8 Short Term UsePermit.doc Page 9 of 17 If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off-site crowd and traffic control including cross walks and intersections within one-half mile of Event site, as needed, and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Cancellation. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event and terminate this Agreement, without penalty, if such cancellation is necessary to protect the public health, safety, or welfare, or due to Promoter's non-compliance with the terms and conditions of this Agreement. If the Event is cancelled under this section or for any reason, Promoter releases City from al! liability that may result from the premature closing of the Event. If the event is cancelled under fhis section or for any reason, Promoter agrees to indemnify and hold City, its officers, agents and employees ("lndemnifees") harmless of, from, and against all claims, demands, actions, damages, Losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees caused, either proximately or remofely, wholly or in part, by cancellation of the Event. Promoter covenants and agrees that if City is made a party to any litigation against Promoter or in any litigation commenced by any party relating fo fhis Agreement, Promoter shall defend City, with counsel acceptable to the Cify, upon receipt of reasonable notice regarding commencemenf of that litigation. 40. Publication. Promoter agrees to pay the costs of newspaper publication of this Use Permit and related ordinance as required by the City Charter. 41. Entirety Clause. This Agreement and the incorporated and attached exhibits constitute the entire Agreement between the City and Promoter for the use granted. AI! other Agreements, promises, and representations, unless contained in the Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Promoter's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Agreement does not render the other provisions unenforceable, invalid, or illegal. C:1Documents and SettingslMatt PevetolLocal SettingslTemparary Internet FileslOLt(341ZiegenBock 2U08 Short Term UsePermit.doc Page 10 of 17 ~h~ J Executed in ~ Originalf on / ~ , 2008. PROMOTER MATTHE _ BA MUSTANG MUSIC GROUP Name: _ President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~1 U n ~- ~ ~ `~~ , 2008, by Matthew Peveto dba Mustang Music Group. ~~.wr/~ GC. Notary Public, State f Texas v~v ~~ ~~ ?_v ~ ~- My Commission Expires ATTES Armando Chapa City Secretary ~~w,~pa NADEEM MUJieE$ Seal: ~~` ~ ~~~ Notary i'ublic, State of Texea My Commission Expires ~~fF11 June 24, 20] 2 ///~-~ ~M Mu ~ ~ Notary's Printed Name CI OF CORPUS CHRISTI George K. Noe City Manager APPROVED: Jv(~ I ~ ~~~ ~~ Lisa Aquila , ssistant City Attorney for City Attorney AOTHr3Rlltu sr cou~rll...,.,~~... sec~~~~~ C:IDocuments and SettingslMatt PevetolLocal SettingslTemporary Internet Files10LK341Ziegen8ock 2008 Short Term UsePermit.doc Page 11 of 17 EXHIBIT A Description of Premises: Event Site: From Hotel Place to Steward Place, encompassing the Promenade. The event itself will be along this section of Corpus Christi Beach. C:IDocument5 and SettingslMatt PevetoLLocal SettingslTemporary Internet Fi[es1OLK341Ziegen8ock 2008 Short Term UsePermit.doc Page 12 of 17 EXHIBIT B ZIEGENBOCK YEAR 2008 NONEXCLUSIVE USE: Juiy 21 through July 24, 2008, and July 27 through July 29, 2ao8. EXCLUSIVE USE: July 25 through July 26, 200$. C:IDocumenis and SettingsWlatt PevetolLocal SettingslTemparary Internet Files10LK341ZiegenBOCk 2068 Short Term UsePermit.doc Page 13 of 17 EXHIBIT C Event Layout Diagram (to be provided at least 2 weeks prior to the Event). C:1Documents and 5ettingslMatt PevetalLocal SettingslTemporary Internet FilesloLK341ZiegenBock 2008 Shorl Term UsePermit.doc Page 14 of 17 Exhibit E Services to be provided by City, and cost estimates ZIEGENB~CK 2008 Estimated Expenses* Parks and Recreation Police $ 3,soo.oa $ 14,850.00 Traffic Engineering 8~ Street Services $ 1,000.00 TOTAL: $ 19,fi50.00 *Promoter may or may not use all services estimated on this sheet. C:1DOCUments and SettingsWlatt PevetolLocal SettingslTemporary Internet Files14LK341Ziegenf3ock 2008 Short Term UsePermit.doc Page 15 of 17 EXHIBIT F I. INSURANCE REQUIREMENTS A. Promoter must not commence work under this Agreement until all insurance required herein has been obtained and approved by the City. Promoter must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Promoter must furnish to the Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s} acceptable to the Risk Manager or designee. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 8. Independent Con#ractors 7. Personas Injury -Advertising Injury LIQUOR LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Vendors providing and 1 or selling alcohol AUTOMOBILE LIABILITY -- Owned, Nan-awned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and $500,000 COMBINED SINGLE LIMIT large items C:1Documents and SetGngslMari PevetalLocal SettingslTemporary Internet Files10LK341Ziegen6ock 2008 Sf~ort Term UsePermit.doc Page 16 of 17 2. Promoter's workers and volunteers AT A MINIMUM ,STATUTORY LIMITS of $25,0001 $50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE Required if Promoter employs any person other than himselflherself: WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH it OF THIS EXHIBIT $5oo,aoo EMPLOYERS' LIABILITY 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, Promoter must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Promoter must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure tha# all workers' compensation obligations incurred by the Promoter will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. If your insurance company uses the standard ACORD form, the C:1Dacuments and SettingsV4latt PevetalLocal SettingslTemporary Internet Files10LK341ZiegenBock 20[18 Short Term UsePermit.doc Page 17 of 17 cancella#ion 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 the alternative, a copy of a policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including move-in and move out dates shall be shown under the Description of Operations) Locations 1 Vehicles) Special Items. • At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non-renewal or termination and a 10 day written notice of cancellation for non-payment of premium is required. 2008 Promoter -ZiegenBock Musical Festival ins. req. 6-10-08 ep Risk Mgmt. C:IDocuments and SettingsWlatt PevetolLOOaI SetiingslTemporary Internet FileslpLK341Ziegen[iock 2008 Short Term UsePermit.doc