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HomeMy WebLinkAboutC2009-010 - 1/13/2009 - ApprovedUse Permit for Cheers to Charity Wine Festival 2009 State of Texas Page 1 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 Lindsey Edwards, promoter for the Cheers to Charity Wine Festival 2009 event, and in consideration of the covenants contained in this document. 7. 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 Lindsey Edwards. d Event or fhe Event means Cheers to Charity Wine Festival 2009, a fundraising event for college scholarships, as described on Exhibit C. 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 designee. g Parks Director means the City's Director of Parks and .Recreation or designee. h City Traffic Engineer means the City's Traffic Engineer or designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or designee, for the Event. j Police Chief means the City's Police Chief or designee. k Risk Manager means the City's Director of Risk Management or designee. I City Attorney means the City's Attorney or designee. 2. Term. This Use Permit is for a term of two (2) days, commencing on April 4, 2009 and April 5, 2009. 3. Premises. City grants to Permittee the privilege of using the City property described on the attached Exhibit A solely to conduct the Event. The property is generally described as follows: The area commonly referred to as "Heritage Park." 4. Premises Revisions. Activities by Permittee will be limited to the above described 2009-010 hes to use any additional City-owned areas for its activities, it Ord. 028013 ~roval from the Parks Director. No concession stands, rides, or 01/13/09 Edwards, Lindsey Page 2 other structures or apparatuses may be placed by Permittee on the grass orshrub-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. 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. Permitfee must pay City any applicable Parks and Recreation Special Event Permit fee and any applicable Traffic Engineering permit fee. 7. Payment of City Costs. Inconsideration 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. Citys Costs in assisting with the Event may include: 1. Rental fees of $825 per day for use of the Premises. 2. Damages to City property related to the Event, which will be billed at the cost of repair. 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. 3. Reimbursement City for costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments. 4. 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. 5. Reimburse City for costs for use of electric service consumed at the Premises during the Event. Permittee will pay Citys Costs, if any, as billed within 30 days after City tenders invoice to Permittee. b. 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. Page 3 8. Deposit. Permitee has paid anon-refundable deposit of $150.00 for use of the Premises. 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: 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 Wes@cctexas.com If to Permittee: Cheers to Charity Attn: Lindsey Edwards 3213 La Rochelle Way Corpus Christi, Texas 78414 email: li ndseys-eventpla nn ing@yahoo. com (361) 739-8354 10. Parking. Permittee will be responsible to make arrangements for any off-site parking deemed necessary by Permittee. 11. 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. 12. 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. 13. 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. 14. Fence. Permitee may construct temporary fencing as illustrated in Exhibit A. 15. Insurance. Permitee's insurance agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Permitee and any Event volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non-owned automobiles on Premises with at least the statutory bodily injury $25,000 per person, $50,000 per occurrence, $ 25,000 property damage limits. Permitee's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non-owned automobile liability insurance with at least a $500,000 combined single limit. Permitee must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Page 4 Permitee's Events on Premises then Liquor Liability insurance in the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Permitee must furnish the Certiti'ICates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the Event. Permitee must require all volunteers to sign an accident waiver form that Permitee must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Permitee must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. In addition, Permitee 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) months written notice to Permitee. Permitee to comply with the insurance provisions on attached Exhibit B. 76. 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, 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 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 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 setup 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 Page 5 the City, upon receipt of reasonable notice regarding commencement of that litigation. 17. 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. 18. Pavement, Curbs, Sidewalks. Any work that involves holes or other changes in the Premises, pavement, curbs or sidewalks requires the prior written approval of the Cites Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 19. 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 permits from the Texas Alcohol Beverage Commission and Parks and Recreation Department, if alcohol will be served or 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. 20.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 Pennittee. 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. 21. Construction. All construction work on Premises must be conducted in accordance with City building codes and restrictions. 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. 22. 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. 23. 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). Page 6 24. 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. 25. Assignment. Permittee may not assign or transfer this Use Permit or make any alteration therein without the prior written consent of the City. 26. Termination. Any failure on the part of Pennittee 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 Pennittee and those sums inure to the benefit of City as aset-off against any debt or liability of Permittee to City otherwise accrued by breach of this Use Permit. 27. Right of Permittee to Use Public Property. Permittee 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 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. 28. Admission Fee. Permittee may charge an admission fee of $20 per person. 29. 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. 30. Compliance with Laws. Permittee must comply with all applicable federal, state, and local laws and regulations. 31. 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, disability, color, or national origin. 32. 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. Page 7 33. Entire Use Permit. This Use Permit incorporates the Cultural Services Rental Application and the Alcohol User Agreement previously submitted by the Permittee, and the attachments and exhibits referred to in this Use Permit. Such documents 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. 34. 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. 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. 35. 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. Executed in Duplicate Originals on--1-~QCLM1acY . 3/ , PERMITTEE ~~ By: ~ Name; STATE OF TEXAS COUNTY NUECES Page 8 2v~ ~ This instrument was acknowledged before me on o~ - I ~ ;-669; by ~ d .ey ~d~,~a.f- d S of , s'- Notary Public, State of Texas Printed Name: 1 13~~~ ~~re~ Seal: ~PYPy1 ~:,:.• •., L NOEMI PEREZ Notary Public, State of Texas $ '~ My Commission Ex fires ''~'`o1"`F June 26, 2010p YYnnno• Expiration Date: (2-.~Lo -ID ATTEST: Armando Chapa City Secretary APPROVED 1/ ~ bp/~o~y Lisa Aguilar U Assistant City Att For City Attorney CITY OF CORPUS CHRISTI _~~~~/ ' I R. Escobar ity Manager ' a • ©~ 0 3 AUTHUkItc~ sr coaxcit....~L~13.~g09 SECKETAKy ~~ Page 9 EXHIBIT A Depiction of Premises and Event Layout GUARD LICHTENSTEI VENDOR PARKING ~ HOUSE SIDBURY HCIUSE GATE- GUARD ':"{' ILLE - 0 0 0 SS{f~5 ARTI ,~I~ii~ss OUS GUGENHEI HOUSE CHAIRS FOOD VENDORS (10} GALVAN ENTRY usE (2) GATES STAGING AREA MERRIMAN G ~SSMA - HOBYS GRAND HOUSE HOUSE ® CHAIN LINK ALUFKA FENCE HOUSE WHITE FENCE Q PUBLIC (PARKING McCAMPBELL HOUSE S-TE MAP Nor ro scAtE Use Permit for Cheers to Charity D P~~rA1°~i OF ENGIN ERINS~sE~Ces Wine Festiva12009 PAGE: 1 of 1 DATE: 12/15/2008 Page 10 EXHIBIT B INSURANCE REQUIREMENTS A. Permitee must not commence use of the Premises under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Permitee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permitee 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 Ciry 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- Bodily Injury and Property Damage renewal, material change or termination ie required on alt 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 6. Independent Contractors 7. Personallnjury LIQUOR LIABILITY 1. Vendors providing and / or selling alcohol $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- Owned, Non-owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and $500,000 COMBINED SINGLE LIMIT large items 2. Event workers and volunteers AT A MINIMUM ,STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY Paae 11 DAMAGE Required if Event employs any person other than himself/herself: WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $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. II. ADDITIONAL REQUIREMENTS A. Permitee 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 that all workers' compensation obligations incurred by the Permitee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be riamed as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (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 ! 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. Page 12 EXHIBIT C (Document provided by Lindsey Edwards, CEO/Owner of Lindsey's Event Planning) Cheers to Charity Corpus Christi Food & Wine Festival Overview of the Festival I have been actively involved with Humanitarians Organized for Public Education (H.O.P.E.) in preparation for the "First Cheers to Charity" Corpus Christi Food & Wine Festival. That will be held April 4 & 5, 2009 in Corpus Christi, Texas, Heritage Park. We are preparing for a festival that will focus on food and wine in efforts to raise monies for education. Concept of the Festival Food and Wine Festival April 4-5, 2009 3:00 pm -10:00 pm Saturday 3:00 pm -9:00 pm Sunday Purpose of the Festival Our ultimate goal is to raise funds to provide scholarships to future university students who are faced with rising costs in tuition. We have selected H.O.P.E. as the non profit to receive a portion of donations, tickets sales and sponsorship dollars. The organization will give the funds to Corpus Christi area high school seniors, who are preparing for college and can utilize the funds for tuition. Elements of the Festival Food: Chefs from local restaurants will demonstrate how to prepare specialty dishes. They will also select a wine to pair with each course. Wine: The public will be offered tasting(s) of various wine. We will also have wine available for purchase by the bottle and case. Vendors: We have invited and are showcasing Local artists. We wilt also have exhibitors from a variety of areas. For example jewelry, fashion wear, furniture, home decor, candles etc... Partners of the Festival Lindsey's Event Planning: Will host and organize of the event. H.O.P.E.: Will receive monies raised for the purpose of scholarships. Republic National Beverage: Will provide wine to Lindsey's event planning to be sold and consumed at the festival.