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HomeMy WebLinkAboutC2010-335 - 8/31/2010 - ApprovedPage 1 of 13 BAYFEST 2090 AGREEMENT This short term LEASE AGREEMENT is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or designee, and Bayfest, Inc., a Texas non-profit corporation, ("Bayfesf'), acting through its duly designated agent, and in consideration of the covenants contained herein. 9. Definitions. a. City -means the City of Corpus Christi, a Texas home-rule municipal corporation. b. Bayfest -means Bayfest, Inc., a Texas non-profit corporation. c. Bayfest's Agent- means a duly authorized representative of Bayfest, lnc. d. Premises -means the site for the Bayfest Event as more fully described in Section 3 and on the attached and incorporated Exhibit A. e. Event -means the annual festival and related activities sponsored by Bayfest. f. City Manager- means the City~s City Manager or designee. g. Parks Director-means the Cites Director of Parks and Recreation or designee. h. City TrafiFic Engineer -means the Cites Traffic Engineer or designee. i. Police Chief -means the Cites Police Chief or designee. j. Risk Manager -means the City's Director of Risk Management or designee. k. City Attorney -means the Cites Attorney or designee. !. City Secretary -means the Cites City Secrefary or designee. 2. Term. This Lease Agreement takes effect upon execution by the City Manager. Bayfest will be entitled to non-exclusive use (for purposes of set-up and take-down) of the Premises from September 14, 2010 to September 29, 2010, and to the exclusive use of said Premises far the Event on September 24, through September 26, 2010. City Manager may authorize amendment to dates for year 2010, 3. Premises. A. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: Shoreline Blvd., including sidewalks, medians, park areas and seawaEl, from Power Street to Resaca Street. Streets, said areas being more fully 2010-335 Ord. 02874G 08131/1Q~orary Internet FIeslConlentJE511H~EFJ2J1Bayfesf 20~O.~OC Bayfest ~~~~~ Page 2 of 13 described in Exhibit A (i.e., "Premises"). However, City's street closure process governs all street closures. Bayfest must at all times keep an unobstructed pavement corridor at least twenty-five (25) feet wide on the west side of this portion of Shoreline Blvd. for emergency vehicle use. B. For all activities on the barge dock, Bayfest shall obtain separate agreements wi#h the necessary parties. This Lease does not include the American Bank Center or parking Pots adjacent to the American Bank Center. Use of any of these facilities wilt be covered under a separate agreement. C. In addition, landscaped areas and irrigation system within the Premises must be protected during the Event. No concession stand, rides or other apparatus connected with Bayfest may use the grassed, shrubbed or landscaped areas within the Premises without prior written permission from the Parks Director. Use of the Water Garden must be approved by Parks Direcfor. Bayfest must secure written permission from other tenants, in the area, e.g., Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of Science and History regarding use of other tenants lease premises. Bayfest shall ensure that no stakes, pegs, or any type of similar device are used at the Premises. No structures, scaffolding, bleachers or vehicles are permitted on the Premises without prior written permission of the Parks Director. No paint or permanent markings are allowed to be used on the Premises. Chalk may be used to identify vendor locations on the paved property within the Premises. D. In addition, Bayfest shall inform and educate its volunteers and vendors of the following guidelines for Bayfront Park. ~) No stakes are allowed within Bayfront Park. 2) Only chalk markings may be used on pavers. 3) All tents will be weighed down either by cement blocks ar water buckets. 4) No vehicles are allowed on grassy areas within Bayfront Park 5) No food vendors who use oils of any kind shall be allowed on the pavers. 6) All vendors must sign a statement acknowledging that they are responsible for their area and will ensure that the area will be left as it was found. 4. Premises Revisions. Requests by Bayfest for use of additional City-owned areas requires prior written approval from the Parks Director. 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. Evenf Layout Diagram. Bayfest 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. fi. Special Event Fee. Bayfest must pay City aone-time Special Event Permit fee as per City ordinance. C:1Documents and SettingslRonneyrlLacal SeitingslTemporary Internet FileslContenl,IE511HEEFJ2JlBayfest 2010.DOC Page 3 of 13 7. Payment of City Costs. !n consideration for the use of City property Bayfesf will pay the City within 30 days after the City submits a bill to Bayfest for the actual costs incurred far 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 Direcfor will bill Bayfest far these costs within thirty {30) days after the Event each year. The bill will provide an itemized breakdown of the City charges far services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest'sAgent, the Parks Directorwilf furnish reasonable supporting documentation of These charges within ten {10) calendar days. If there is a hurricane or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of Cites Direct Costs. A. Direct Costs. Cites 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. This includes but it not limited to, damages to Premises or utility infrastructure. Damages may be repaired by Bayfest, subject to approval of the Director. If the sod at the Premises is damaged, Bayfest agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement. 2. Costs of labor contracted for clean up, or additional clean up required by the Director of relevant City departments, at applicable City rates for the year billed; see B.1, and Section 22, below. (Bayfest 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. Bayfest wilt be responsible for 100% of all City non-police Direct Costs and 50% of police actual costs for 2010 Event. 4. Costs of set-up and takedown, at applicable city rates for the employees assigned for the year billed, see B.2. and B.3. below. Parks Director will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay Cites Direct Costs, if any, as billed within 30 days after Parks Direcfortenders bill to Bayfesf. B. City Services. Billing and Payment will be made as set out in Section T above far the following list of actual services actually provided by the City at each annual Event {"City Services") including but not limited to: 7. Provide approximately 100 #rash barrels, as available, far placement in designated areas in and around the Premises. Bayfest must provide plastic C:I~ocuments and SettingslROnneyrlLocal settingslTemporary Internet FileslContent.IE511HEEFJ2J1l3ayfesk 2°10.00C Page 4 of 13 trash bags for the trash barrels. Bayfest is responsible to contract for ground and street removal services with separate contractor. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the Event annually. 3. Provide Park Construction Crews to transport Bayfesfs property to and from Bayfest's warehouse. 4. Furnish andlor transport barricades, signs, cones, etc. to the Premises (see Section 73). 5. Provide other services requested by Bayfest's Agent. C. Nofice of Costs. An exhibit describing City Services to be provided for the Event and the cost to be paid to City is attached as Exhibit. Notwithstanding the cost shown in Exhibit, Lessee shall be liable for all actual cost incurred by Cify related to the Event even if the actual cost exceeds the cost shown in Exhibif. D. Late Payment Fee. Bayfest's failure to pay City's bill within 30 days after submittal to Bayfest shall result in a late payment fee being assessed against Bayfest. 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. Bayfest must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Bayfesf within 30 days after the Event. 9. Planning Meetings. The Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet wifh Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 90. 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 an the third day after deposit if sent certified mail. Notice must be sent as follows: If to Cify: Director of Parks and Recreation City of Carpus Christi P.O. Box 9277 !f to Lessee: Bayfest, inc. P.O. Box 1858 Corpus Christi, TX 78403-~ 858 Corpus Christi, TX 78469-9277 C:IDocuments and SetiingslRonneyrlLOCaI SottingslTemporary Internet FileslContont.IE511HEEFJ2Jlt3ayfest 2D1°.DOC Page 5 of 13 (361) 880-3461 (361) 887-0868 FAX (361 } 88D-3864 FAX (361 } 887-9773 ~ ~. Temporary Street Closures. All temporary street closures are subject to the requirements of City Ordinances, Sections 49-15 #0 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. 12. Parking. Bayfest 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). 73. Barricades, Traffic Signs. Bayfest 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 blacked or partially blocked without detour signage and alternate street access. Bayfest must pay the cast of additional signage. 14. signage and Advertising. On Premises signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Bayfest's Agent may request inflatable advertising only for Events that receive national television exposure, which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. ?5. Rest Rooms, Drinking Water and First Aid. Bayfest 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 throughout the duration of the Event. 16. Insurance. Bayfest's 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. Bayfest and its volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all awned 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. Bayfesi's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized tar the Event must have owned and non-owned automobile insurance with at least a $500,000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 far death or dismemberment arid limits of $5,000 for medical G:IDocuments and SettingslRonneyrlLocal SettingslTemporary Internet FileslContent.IE511HEEFJ2JIBayfest 2D10_pOC Page 6 of 13 expenses. if alcohol is served at any of Bayfest'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 Cify must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form, In the event of accidents of any kind, Bayfesf 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, Bayfest must provide copies of all insurance policies to the Cify Afforney 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 Bayfest. 77. Indemnity. Bayfest must indemnify and hold City, its officers, agents and employees ("lndemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees on account of injury or damage to person or property fo the exfent the 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 Bayfest or any of ifs agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Bayfest, lnc. Lease to use the Premises and those portions of Shoreline and sfreets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with The expressed or implied invitation or permission of Bayfest, or when the injury or damage is the result, proximate or remofe, of the violation by Indemnitees, Bayfest, 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 fhe 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, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. C:1Documents and SettingslRonneyrlLocal SettingslTemporary Internet FileslContent.IE511HEEFJ2JIBayfest 2010,DOC Page 7 of 13 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 al! 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. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfesf relating to this Bayfest Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safefy Hazards. Bayfest, upon written 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 written notice of safety hazards. 79. Damages to City Property. City will provide Bayfest's Agent a punchlist of damage to Cify property defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore ail items on the punchlist, Parks Director may do so and bill Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all hales in grassy areas made by Bayfest 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 Bayfest or its agent until no subsidence occurs. 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 Cii~s Director of Engineering Services, provided however, that na approval wilt be given if the work will require subsequent repairs by the City. 21. Permits. Bayfest must require all vendors to obtain and comply with appropriate permits, inciuding permits from the Alcoholic Beverage Commission for the sale of alcohol, #rom the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City-County Health Department for the sale of foods and the protection of the public welfare. Bayfest'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 in Section 76. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Bayfest must also obtain a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection, a Fireworks Permits C:1Documents and Settingslt2onneyrlLocal SettingslTOmporary Internet FileslContent.IE511HEEFJ2J1l3ayfest 2D10,DOC Page 8 of 13 from the Fire Department, and any permits required by the Coast Guard for water events. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest 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 Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its awn clean-up crew during and after the Evenf. If the Parks Director determines that additional clean-up is necessary, she will give Bayfest's Agent 2 fours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Bayfest. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Premises (from the North end of the barge dock to the East Side of the intersection of Shoreline and IH 37). Drainage must not be blocked. Bayfest must remove the screens within the non-exclusive use period after the close of the Event. However, Bayfest 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 and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Bayfest provides the Parks Director prior written assurances that Bayfest will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24, Temporary Buildings. Bayfest must receive prior written approval from the Parks Director #o 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. Electricai & Water Services. Electrical and water service is not provided on or at the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee 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 C:1Documents and SettingslRonneyrlLOCaI SettingslTemporary Internet FileslContent.lE511HEEFJ2JlBayfest 2410.DOC Page 9 of 13 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 Bayfest agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, wilt 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 Cify 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 Bayfest. In the event of appeal, the decision of the City Council will be final. This Lease Agreement in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent 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 lames must be kept clear of all obstructions. Bayfest must, at all times in its use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the American Bank Center, the Art Museum of Sauth Texas, the Corpus Christi Museum of Science and History, and the Corps of Engineers by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration (herein without the prior written consent of the City. 30. Breach, Termination. Any failure an the part of Bayfest to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest enfitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by ar estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Bayfest and the sums inure to the benefit of City as a setWoff against any debt or liability of Bayfest to City otherwise accrued by breach hereof. 39. Right of Bayfest to Use Public Streets. Bayfest acknowledges that the control and use of public streets is declared to be inalienable by the City and except far the use privilege granted herein, this Lease does not confer any right, title, ar interest in the public property described herein. The privilege to use the City praperty granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Bayfestwith the terms and conditions contained within this Lease. 32. Not Partnership or Joint Venture. This Lease 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 far the conduct of C:1Documents and SeitingslRonneyrlLocal SettingslTemporary Internet FileslConteni.IE51[HEEFJ2JIBayfest 2D1 a.dOC Page 10 of 13 the Event or associated activities. Payments received from Bayfest by the City are compensation for provision of City services as described herein and far the right of Bayfest to use public property for the limited purpose described herein. 33. Cify Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the Cit}~s annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fisca[ 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 Lease will be adopted by future City Councils, said determination being within the sole discretion of the Cify Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non-discrimination. Bayfest warrants that they are 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. 36. Fence. Bayfest may provide a temporary six-foot (6') chain link fence, with gates for access, as shown on Exhibif A, attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Parks Direcfor's concurrence. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City 5ecrefary. 37. Admission Fee. Bayfest may charge an admission fee. Special events connected with Bayfest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Bayfest. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security far 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. If the Cites 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 C:1Documents and Sciting5lRonneyrlLocal SettingslTemporary Internet FileslContent.IE511HEEFJ2J113ayfest 2D14.DOC Page 11 of 13 Costs per Secfion 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 4Q, Entirety Clause, This Lease Agreement and the incarparated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide far a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision ofi the Lease Agreement does not render the other provisions unenforceable, invalid, or illega~lf. - - Executed in Duplicate Originals on ,/~ , 2010. LESSEE BAYFEST, INC. ame: ~~n~ ~~ G~. 12a6J-es President STATE COUNTY OF NUECES OF TEXAS This instrument was acknowledged before me on ~, 2010, by ~D/yi9G,6 ~. ,P-4~3G~' S ,President of Bayfest, Inc., a exas non-profit corporation, on behalf of the corpo anon. ~ ; tktkyf ll+l ~, Seal: { ~~.:~`tA' PLp' JEANNIE hEOLLAND ' "_ {Votary Publfc, State of Texas o ary Public, State of Texas ~';,,.., ~~; MY Commission Expires ~.,•,,a,;; `~ December 23, 2013 My Commission Expires Notary's Printed Name ATTEST: Armando Chapa CITY OF CORPUS CHRIST! w ` g I R. Escobar City Secretary APPROVED ~~~SIl~ o~.ti-n Lisa Aguila ssistant City Attorney for City Attorney City Manager ~r~~:. AUfHgR1~~D ~ ~-0tfIYCIL.,,,,~.~~ ~r~,ar ty +1`ki~Y C:1Documen#s and SettingslRonneyrlLocal SeltingslTemporary Internet Files4Cgntent.IE51PL993Ra618ay#est%-0202010[1].DDC 1~ ~~aeoo®. ~~ ~~ I R~ ~ I f I ~~~~~~ _ :~: •i! ~ '~ ~ 11 ~ 4 r ~. ~ N ~ -~~~=a ~~~~~~~ ~~~ - ,, A~g~ II • ~ aA ~~a ~~ ~~~ ~a ,~ a ~ s .J I `~' ~~ ~L ~~o ~~ 6~ ~. _ A ~~i~ _ 4 ..~__~____________________, ~~ . ~~ ~ i ~ __0~. e ~ n ~ fl ~° ~ ~ ~ ~o ! ~: e ~ ~ =~ ~ fl.® ~ ~ © a ~ ~ °° S~ - ~~ r - _ ~ _ J On s0 ~ ~~ 0 ~©__ ~ ~ ~ ®~ ~ 1 4 J ~ ® RJ S,f] Q 3 ~® I 1 ~' r~ R N sr~--, ~o ~~ . go . ~~ go '.~~: J ~.~J ~ n ~e . , ~,,:. a 1 ~ ~ ~. ~~~'. I ~~~ ~i~ a., r fines ~ Page 13 of 13 Exhibit B Services to be provided by City, and cost estimates BAYFEST 2070 Es~ima~ed Expenses* Parks and Recreation (credit account 343697-1020-12910) $ 8,000.00 Police(28,900) $ 28,9DD.OD Fire $ 75.00 Street Services $ 1, 500.00 TOTAL: $ 38,475.00 *Bayfest may ar may not use ai! services estimated on this sheet. C:IDocuments and SettingslRonneyrlLocal SetiingslTemporary Internet FileslContent.IH511HEEFJ2Jll3ayfest 201 a.t)OC