The URL can be used to link to this page

Home My WebLink AboutC2009-256 - 7/14/2009 - ApprovedPage ~ of ~ Use Permit for Bay Ball Ballyl~oop ~~0~ state of Texas Know All By These Presents: bounty of Nueees This ~Jse Permit is entered into between the Dity of carpus Ohristi ~"its'}, a Texas home-rule municipal carporatian, acting through its duly designated ~r'ty Nlanag~er, and Bpecial Olympics, Inc. a Texas nonprofit corporation, ~"Perr~ittee"}acting through its duly designated Agent to produce the Bay Bal! Ballyhoap ~a0~, and in consideration of the covenants contained in this document. '~, Definition, a ~1se Perrr~it means this document, including all attachments and exhibits that are referred to in this document. b pity means the pity of carpus Ohristi, a Texas han~e-rule municipality. Permittee rr~eans Bpecial Olympics, Inc. d Event or tl~e Evert means Bay Ball Ballyhoap ~a09 and related activities sponsored by Perr~ittee, e Prerr~ie defined in ectian ~~ f r'ty l~fanag~er means the ciiy's pity ~farraer or his designee g Parks Director means the pity's Director of Parks and Recreation or his designee. h city ]"raffic Er~gir~eermeans the city's Traffic Bngineer or his designee. i Traffic or~trof Plan means the traffic control plan prepared by the City's Traffic Engineer, ar his designee, for if~e Event. j Police Chief means the City's Police Ohief or his designee. k Risk l~lar~a~ermean the City's Director of Risk tlllanagement ar his designee. ~ city At~orr~ey means the City's Attorney or designee, ~. Term. This ~1 Perrr~itis far a term of seven ~~}days, commencing on July ~~, 2aa and ending on Maly ~7, aa9. Perr~ittee vuill be entitled to e~cclusive use of the Premises for a period of seven ~l}days from July 2~, X009 through July ~~, ~0~. ~U~9-~5~ Ord, 0~8~~ ~7~141~9 special ~t~mpics Page 2 of 1 . Prer~~se, i#y grants to Perrrrr##ee the privilege of using the r"#y property 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 Iot on the north side of the Memorial coliseum, located along Shoreline Blvd. 4. Prer~~ses Revisions. Activities by Perit#ee will be limited to the above described Prerr~ise. 1f Perrni#tee wishes to use any additional i# owned areas for its activities, it must obtain prior written approval from the Parrs Direr#or. No concession stands, rides, or other structures or apparatuses maybe placed by Per~ri##e on any grass orshrub-covered areas of the Premises, without prior written approval from the Parks Dire~~or. ~. Even# Layout Diagram. Perrni##ee must provide to the Parks Drrec#or a diagram explaining the Even# layout at least g days prior to the Even#. Layout of the Even# is subject tv the approval of the Parks Direr#or, fi. special Even# fee. Perrrri#tee must pay r#~ applicable Parks and Recreation Special Even#Perrnit fee and applicable Traffic Engineering permit fee, 7. Payment of i#yost. Inconsideration far use of fir`#y property Perrnr'##eewill pay the Di#y within sixty ~~g}days after the Event ends the actual cost jncurred by the i#~ related to the Every#, including but not limited to the cost for thane services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. The ~r#y will invoice Perrittee for these costs within thirty ~~D}calendar days after the Even#. The invoice will itemize the i#ycharges far services rendered. Upon written request of Pern~i##ee, the ~#y will furnish reasonable supporting documentation of the charges within ten ~~0}calendar days. a. hosts. Di#~s hosts in assisting with the Even# may include: ~, Damages to ~#y property related to the Even#, which will be billed at the cost of repair. ~. hosts of labor contracted for cleanup, or additional clean up required by the Directors of relevant departments, at the rates set by the i#y as described in section ~.~., below. ~. Oosts of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. Pern~i##ee will pay i#~s hosts, if any, as billed within ~ days after i#y tenders invoice to Permi##ee. Page ~ of 1 ~ ~, Notice of hosts. At least ~g days before the fven~ the Parks Director, Policy thief, and i~~ traffic frr~r~eer will meet with Derr`#~ee representatives todiscuss fly services to be provided for the fver~# and the cost to be paid to i#y. Perr#tee shall be liable far all actual cost incurred by i~yrelated to the fverr~. c, late Fee. Permittee's failure to pay the undisputed charges on pity's invoice uvithin o days after submittal to Permittee shall result in a late payrrtent fee being assessed against Perrr~ittee. The late payment fee shall b calculated to be ~°lo of the amount due, as shown an pity's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the pity, 8. Deposit Na deposit is required far this Use Permit. 9, Notice. Native may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received an the dayfaxed or hand delivered aron thethirdday after deposit if sent certified mail. Notice must be sent as follows: If to i#y. Director of Parks and Recreation Dity of corpus Christi P.~. Box 921 corpus Dhristi, T~ 184~9~g21~ FAQ ~ 1 ~ ~Sa~~~4 e-mail ally~cctexas.cam e-mail MicheleTacctexas.com ~f to Per~rnit#ee; special Olympics, Inc. Attn: carol Lockwood 10~Og Norkhwest Freeway, quite ~ a~ h~auston, Texas ~~a9~ FAQ ~7~ ~} Z0-~~~~ email: lackwooda sotx.org ~~1 }~9o-oa~9 ~ 0. Parking. Per~r'ftee will provide parking and linage far people with disabilities in close proximity to the fverrt entrance. In addition, Perr~ittee will provide parking passes far Eby personnel scheduled to work during the actual fver~~. ~ ~ . Temporary Street Closures, The street closure process wi11 govern any necessary street closures. Perrnittee 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 pity ordinance. All street closures on a temporary basis are subject to the requirements of pity ordinances, sections 49-~ ~ to 4-18, as nay be amended, and require the City Douncil to confirm the closures. The decision to confirm the closure of the streets i within the sole discretion of the City council acting upon the application atthe tine the application is subrr~itted. ~ ~. Barricades Traffic signs. The Permittee must provide barricades and traffic signs required by the pity Traffic Engineer that include temporary directional signage to the nearby attractionslfacilitiesyffected by any street closures and traffic circulation around the Event. street access to Premises nay not be blacked ar partially blacked without detour signage and alternate street access, The Permittee must pay the cast of additional signage. Page 4 of 1 ~ 'I ~. si~nage and Advertising. inae and advertising proposed far the Event must receive the Parks Director's prior ~uritten approval. ~n all advertising for the Event, Perr~ittee shall recognize pity's contributions to the Event. ~4. hest Rooms, Drinking Vl~ater and First Aid. The Perrnittee must provide adequate portable rest roorr-s, including restroom for people Frith special needs, and drinking ~aterforthe public as deterrr~ined 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. ~5. seourity. Per~rr~~t#ee must provide uniformed security officers during the ~ver~#, If the icy#s Pofrce thief determines it is necessary, he gill assign Police officers to provide cro~rd control and traffic control for the Event and any needed aff- site traffic control. The Police officers gill be assigned duty stations by the Police thief, or his designee. Perrni##ee shall pay to rte the cast for these services as provided in section l above. ~ ~. Insurance. Perr~~ee must furnish to the Risk anag~er proof of commercial genera! Liability insurance for the length of the Ever~~ and its related activities protecting against liabilityto the public. The insurance must comply vuith the requirements ofthe ~it~s Ri~kNlar~ag~eras shorn in the attached Exhibit. The icy must be named as an Additional Insured an all liability policies. Perr~it~ee mustfurnish the certificates of Insurance in at least the minimum amounts included in the attached Exhibit. to the ids Disk IVianagerto ~~} vueeks prior to the non-exclusive use period. Perr~i~tee must require all volunteers to sign an accident v~raiver form that Pern~iftee must keep vn file. This farm must b submitted to the ci#yAi~orrreyfor approval. In the event of accidents of any kind, Ae~rnrt#e must furnish the disk 1~ar~a~ervuith copies of all reports of any accidents at the same time that the reports are forwarded to any ether interested parties. In addition, ~er~~ri~tee must provide copies of all insurance policies to the i~yRik Niar~aer upon arty Nlar~aer~s vwrritten request. This insurance must net be canceled, non-reneged or materially changed v~ithout 0 days prier ~vratten native to the Park ~ireo~or. T 7. Indemnity. Permittee must indemnify and hold City, its officers, agents and employees ("Indemnifees") harmless of, from, and agains# all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgmen#s recovered from or asserted against lndemnitees on account of injury or damage to person or property fo fhe extenf that any damage or injury maybe incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an actor omission, negligence, or misconduc# on the part of the lndemnitees or on the part of Permiftee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or Page of ~3 invitees entering upon fhe Premises pursuant to this Use Permit, to set up and take down, hold, attend or participate in the Event and associafed actrvi~ies, with the expressed or implied invitation or permr"ssion of Permittee, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees, Permr`ttee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governments! order of any kind, or when any injury or damage may in any other way arise from or ouf of the improvements located on the Premises described in this Use Permit or out of the use or occupancy of the improvemen# to the Premises or the Premises ifself by lndemnitees, Permittee, its agents, servants, employees, contractors, patrons, guests, lr'censees, or invitees. Permr`ttee covenants and agrees that if Cify is made a parfy to any litigafr'on against Permittee or in any litigation commenced by any parfy, other than Permittee relating to this Use Permit, Permiftee shall defend Ci#y, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that Iitr"gation. ~~,afet Hazards. Permittee, upon written notice of identified safety hazards by the Cit Police thief, Fire h«f, Parks Drre~tor ar Risk Nlarra~er must correct the a ^ 1 ^ i ~ ~ ` safet hazard w~th~n six hours or as atherw~se pravided in the written notice of safety y hazards. ~ ~. Rama es to City Property, Parks Director will provide to Permittee ~ list of lama es to ityprapertywithin two ~}days afterthe close of the ~ver~t^ Pern~~ttee will restate all items on the list within three ~3}days after receipt of the list. If Perrr~ritee fails to restore all items an the list, Parks Director may da so and invoice Permittee for hosts, asset out in Section 7 above. Permittee or its agent must fill and compact all hales in grassy areas made by Per~rittee or an entity or person participating in the ~ver~#. Parks ~irec#or must ]~ .. a rove fill n~ater~al^ Any subsidence within the Prer~rse must be add~t~onally filled by pp Pr~nitteeor its agent until no subsidence occurs. D, Pavement, curbs, idevualks, seawall. Any work that involves holes or other than es in the pavement, curbs or sidewalks or seawall requites the priarwtitten a royal of the i# s ~irectar of Engineering Setv~ces; provided, haweverr na approval pp ~ will be given if that work will require subsequent repairs by the pity. ~~ .Permits. Permittee must obtain and pay far all permits necessary to amply with i"# ,State, and 1=ederal laws and give a cagy of each permit to the Parks Direotor^ Y Permittee must also obtain a Temporary Promotional fver~t Perrn~tfrvm the qty Buildin Inspection Department and an Alcohol Permit frarn the Parks and Recreation g Page of 13 Department, if alcohol will be sold at the Lven#. Perr~i##ee must ratify the ~a~k ~irec#or of any special conditions imposed by any permitting agency.l~errr~r##ee must require all vendors to obtain and camplywith appropriate permits from the i#y-County Health Department far sale of foods and protection of the public welfare. 2~. iean~~, Perri##ee rr~ust require all food and beverage vendors to clean designated gone adjacent to their respective booths at regularly scheduled intervals Perrrri##e may designate the zone, but it will not be less than ~ g feet by 2g feet in the immediate area around each foal and beverage booth. The clean up will be hourly and immediately after closing the ~ver~#each day All trash cleaned up must be properly deposited in a trash bag provided by Perrr##ee end taken to a location designated by Perr~~~#ee. If there are any storm water inlets anywhere within the Prer~ies, Perri##ee must install screens, approved by tarrr~water-Utility Division, across all storm water inlets slang hareline and within any closed streets within the Pren~~s and slang parade routes. Drainage must not be blacked. Perr~it#ee must rernave the screens after the close of the ~verr#. However, Perri##e~ must remove screens along with any trash that has accumulated aver the screens} imn~-ediately if heavy rain is imminent, ar upon the direction of the tornwater superintendent ar designee. ~3~ or~struotivn. The construction work far displays, stages, and other structures rr~ust be conducted in accordance wjth r#y building codes and restrictions These structures must be removed within the use period described above. construction that causes damages will only be allowed if Perri##ee provides the Parks ~D~rec#or prior written assurances that Perri##e will remedy said damages in accordance with section ~ l above. ~4.Te~orary Buildings. All temporary buildings moved ants Prerr~iseforthe Lver~# must be placed and remain an trailers to promote expeditious removal. All temporary buildings must be removed within the nonexclusive use tine period. ~5. Electriaal Dater Bervices. electrical and water service i not provided on the Pren~~ses. A Temporary Pran~ational ~verr# Permit from the i#y building Inspection Division is required in arderta instail electrical service farthe even#. A certificate of Occupancy is included end must be used to have all temporary services such as food, electrical, plumbing, tents, and structures} inspected. It is the responsibility of Perr~i#fee to call each inspector foran appointment to inspect end get approval fareach temporary service before the ~~rer~# begins. i#y authorises Perrr't#ee to access end temporarily modify ~i#~s existing electric service distribution center in N1caughan Perk in order to distribute electric service to Prerises. Per~nf##ee, at Perri##ee's sale expense, shall rer~ave the mad if ications within ten { ~ g}days after the went. Modifications shall comply with section ~ 9, Permits of this Use Permit. Aerr~i##ee shall reimburse i#y sunder section ~' of this Use Permit} for electric service consumed during the Term of this Use Permit. Page ~ of ~ ~, Permissible Vendor Location Markings. lVo paint oremi-permanent marking will be permitted that in anyway obliterates ordefaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings ray be used to pre-mark locations on the sidewalk or street, Painted rr~arkings of any type will only be permitted in grassy areas}. ~~. Dispute ReolutionF I~r#~ and ~er~rrr""##e agree that any disputes that may arise between there concerning this [!se Fermi#, such as deterr~ining the amount of damage to Ci#y property related to the ~ver~#, will be submitted fordetern~ination and resolution, first to the Darks ~irec#or, with a right to appeal to the ~r#y ~lar~a~er. The decision of the tai#y ~1ana~rwill be final, unless that decision is appealed to the ~i#y Council by giving written notice of appeal to the i#y secretary within 10 days after the written decision of the ~#y Niarrager has been sent to ~errr~i##ee. In the event of an appeal, the decision of the i#y Council will be f incl. This tle Perr~i~ in noway waives Per~ri##ee's rights to seek other legal reined ie d wring the appeals process. ~8. dire Lanes Perr~i##ee must, at all tunes, during the ~ver~# and the non-exclusive use period, maintain fire lanes upon the premises as gay be designated by ~#~s Fire Chief. The fire lanes rust be kept clear of all obstructions. ~~. ~Issignment. Perr~i##ee may not assign ar transfer this ~1e ~errni# or make any alteration therein without the prior written consent of the i#y. .Termination. Any failure on the part of Perrni##ee to perform any of the covenants contained in this [!se Perini#, or any breach of any covenant or condition by Permi##ee entitles ~#y to terminate this #Jse Perrt~i# without notice or demand of any kind, notwithstanding any license issued by i#y, and no forbearance by #ry of any prior breach by Pern~it#ee shall constitute a waiver by or estoppel against the Iii#y. In ease of any termination i#yis entitled to retain any sums of money paid by ~ermit#ee and those sums inure to the benefit of i~yas a set-off against anydebt or liability of Perrni##ee to fir'#y otherwise accrued by breach of this else Perri#, ~~ . Right of Perrt##ee to Use Public Property and streets, Permute acknowledges that the control and use of public property and streets is declared to be inalienable by the i#~and except forthe use privilege granted herein, this Ilse Permit does eat confer any right, title, or interest in the public property and streets described herein The privilege to use the ~#y property and public streets granted herein is subject to the approval of the ~i#yCouncil as required by ~i#yCharterand ordinance and the compliance by Per~rrittee with the terms and conditions contained within this [1e Perri#. 3~. Not Partnership or Joint Venture. This Ilse Perr~r'# may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the Iii#y to cosponsor or incur any liability, expense, or responsibility for the conduct of the ~ven# or associated activities. Paynnents received from Perr~r'##ee by the tai#y are compensation for provision of i#yservices as described herein and for the Page 8 of ~ right of Perr~fee to use public property far the limited purpose described in this Use Per-~~~. ~. ~~mp~iance v~ritf~ Laves. Pern~ittee roust 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 Permree's sole expense and cost 4. N~r--diserir~~nation. Aerr~~~tee warrants that it i and will continue to bean Equal ~ppartunity Employer and hereby covenants that no employee, participant, invitee, yr spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. ~. Cancellation of ~ven~. icy ~far~ag~er, or his designee, reserves the right, at all times and in his sale discretion, to cancel the ~verr~ if cancellation is necessary to protect the public health, safety, or welfare. if the ~ver~~ is cancelled underthis section, Perrnittee relieves City from all liability that may result from the premature closing of the Ever~~. ~~. Entire Use Per~rit. This Use ~er~~ and the attachments and exhibits referred to in this Use hermit constitute the entire Use Permit between the ~~y and Perr~i~tee far the use of the Prer~rses for the Event .All other Use Permits, promises, and representations, unless contained in this Use ~err~i~, are expressly revoked, as the parties intend to provide far a complete understanding within the provisions of this Use Per-nr'~ and the attachments and exhibits referred to in this Use Perrrri~, of the terms, conditions, promises, and covenants relating to Perrrrittee's operations and the premises to be used in the operations. ~7. Interpretation. This Use Pernai~ vuill be interpreted according to the Texas laws that govern the interpretation of contracts. Venue Ties in f~ueces bounty, Texas, where this Use Perrnr~ was entered into and will be performed. The headings contained herein are far 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 renderthe other provisions unenforceable, invalid, or illegal. 3~. Modifications. No provision of this Use Perrnrt may be changed, modified, or waived, unless in writing signed by a person duly authorised to sign agreements an behalf of each party. Page 9 of ~ 3 Executed in Duplicate originals on , ~oo~. PER ITTEE By: Name: TATS of TEA oUNTI~ NUEE BOO b Thy ~ tr ent gas acknov~ledged before me on ~ ~ of ~ , ~e Tonal Development Director - ~vnt for special Olympics g Teas a Texa nprofit corporation, on behalf of said corporation. Notary ic, state of Texas Printed Name, deal: . ~ ~~ t Expiration Date: JOSS R~ PIN~~~ ~ * Notary Pu~~ic ~ ~`AT~ ~~ T~CA NPy Gomm, fir. Jul ~, 2~~~ Page 10 0~ 13 ATTEST: Armando Chapa City Secretary APPROV~~ , ~OD9 visa Aquila ssit~nt pity Aornoy for pity Attorney CITY~F CORPUS CHRISTI ' I R. Escobar ity Manager ~: a ~ ~u~r~co~~z~~ ~r c-0u~rci~ ..,~~ ~c << 86C+I~ARrr Page ~ ~ of 1 E~~IEB1T ~ I. INURANE ~EC~~JI~EMENT A. Perrr-ittee must nat cormence uvork under this Lease Agreement until all insurance required herein has been obtained and approved by the City Perrnittee must nat allow any ubcantractorto commence pork until all similar insurance required of the subcontractor has been obtained. B. Perrr~ittee must furnish to the disk Manager, two ~} copies of Certificates of Insurance, showin the following minimum coverage by insurance company~s} acceptable to the Risk F ~ , ^ ~ ~ + + Mana er~ The Cit must be named as an addNt~onal insured far all I~ab~l~ty pal~c~es, and a g Y .. blanket waiver of subrogat~an ~s required an all applicable pol~c~es. TYPE ~F INIJRANE MINIMUM 1NU~AN~E OVERAGE ~-gay written natlce of cancellation, non- Bodily Injury ar~d Property Damage ren~wa~, material change or termination ~s required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1,DOD,000 Combined dingle Limit ~ . Commercial Fora ~. Premises ~ Operations ~. Productf completed Operations i•la~ard 4, Contractual Liability Broad Farm Property Damage ~, Independent Contractors ~. Personal Injury~Advertising Injury AUT~NiOBILE LIABILITY -- awned, Nan-owned ar rented vehicles ~ . Contractors & subcontractors delivering tents, stages, bleachers, temporary structures and 50Q,OOOCombined dingle Limit large items ~, Permittee workers and volunteers AT A MINIMUM , STATUTORY LIMiT of ~~,a~~ I 50,Ogg far BODILY INJURY & ~~,00~ for PROPERTY Page ~~ of 13 DAMAGE Required if ~ermittee employs any person other than himelflhersel~: VIIHICH gMPLIE VI~ITH THE TEXAS vVGRKER' 1~IICRi~ERS' Co~1PENATIDN C~I~PENSATION ACT AND PARAGRAPH II GFTHIS EXHIBIT 0~,0~0 EMPLOYERS' LIABILITY ACCIDENT POLICY FAR UCLUNTEER $5,40 IVIEDICAL PAYMENTS per PERSON 10,040 DEATH or DIMENIBERMENT per PERDN , In the event of accidents of any kind, Pern~ittee must furnish the Risk Manager with copies of all reports of any accidents within ~ ~ days of the accident. Il. ADDIT1oNAL REUIRE~IENTS A, Perrnittee must obtain workers' compensation coverage through licensed insurance corn an in accordance with Te~cas law. The contract for coverage rust be p Y written on a olio and with endorsements approved by the Te~cas Department of p y Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Permittee will b promptly rr~et. ~. certificate of Insurance: • The alt of for us Christi must be named as an addl#ional insured on the liability Y ~ ~ .. covers e, and a blanket waiver of subrogation ~s required on all applicable pol~c~es. g • If our insurance co~rpany uses the standard AORD form, the Y cancellation clause ~bvttom right} must be amended by adding the wordin "changed off' between "be" and "canceled", and deleting the `1 ~ ~ ~~ ~~ words, "endeavor to", and deleting the wording after left . 1n the alternative, a copy of policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including rr~ove~in and move out da#es shall be shown under the Description of ~perations~ Locations 1llehiclesl Special items. Page ~ of ~ • ~t a minimur~, a 30-dad written nvtic~ to the Risk Manager and Parks and Recreation Director of cancellation, material change, non-reveal or terr~ination is required. if the certificate of Insurance does not sho~u on its face the existence of the covers a required by items ~ ,S ~ ~ ~-~7}, an authorised representative of the insurance ~ ., com an rr~ut include a letter spec1f~call~ stating ~uhether items ~ .B. {~ }-~~} are included P Y or excluded. ~~09 special Olympics Bay Ball dally ~roap ins rcq. 8-15-D9 ep Rjsl< Mgmt