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Home My WebLink AboutC2011-054 - 3/8/2011 - ApprovedAMENDMENT TO AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND MMD COMMUNICATIONS THIS Amendment is made and entered into this day of February, 2011 by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and MMD Communications, hereinafter referred to as "Lessee "; Whereas, the parties previously entered into Agreement approved by City Council on February 12, 2008 under Ordinance No. 027576 regarding use of Peoples Street T -head for an annual Boat Show Event sponsored by MMD Communications; Whereas, the parties desire to amend the agreement for the 2011 Event regarding dates, insurance and rental fees; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS for the 2011 Event: 1. Section 2 (B) of the Agreement regarding Term is amended by inserting the underlined text as follows: "Section 2. Term; 8 days in April 2007; Two 5 Year Renewals; Effective Date. (B) Two 5 Year Renewals. City Manager shall renew this Lease for a term of ten (10) days in April 2008 -12 if City Manager finds that the 2007 Event is successful for City. However for the 2011 Event the parties agree to reduce the term to eight 8 days from April 4 2011 through 6:00 .m. April 11 2011. Further City Manager shall renew this Lease for a term of ten (10) days in April 2013 -17 if City Manager finds that the 2012 Event is successful for City." 2. Section 6 (B) of the Agreement, regarding Fees, is amended by inserting the underlined text as follows: "Section 6 Fees; In Lieu of Marina Rental Fees, Marina Receives Greater of $30,000 or 10% of Net Profits, as defined in Exhibit F. (A) In consideration of granting Lessee use of the Premises, Lessee must pay City a use fee of $100. The fee is due and payable upon the City Council's final approval of this Lease. This fee is in addition to any other use and permit fees required in this lease, by City Ordinance, or State law. (B ) Lessee must pay to Marina rental fees of $0.01 per square foot per day for all Marina areas used on the Peoples Street T -Head (excluding areas covered by City leases to vendors). Also, Lessee must pay to marina rental fees for in -water boat storage of exhibitor, patrol, medical, and media boats. The rental fees for in -water boat storage will be controlled and governed by separately executed agreements between Lessee and the Marina Superintendent. The marina rental fees in this Section 6 (b) will be billed as an actual and direct cost under Section 7 of this Lease. However, in lieu of l n17; -- +Lono Marina rental fees, Lessee shall pay to Marina the greater of: (1) 2011 -054 Ord. 028990 1 03/08/11 MMD Communications INDVED $30,000 or (2) 10% of the net profits from all events staged on the Premises, including but not limited to profits from entry fees, admission fees, concessions, and exhibitor contracts (including, but not limited to, boat slip fees). Net profits is defined in the attached Exhibit F. Each annual payment for Marina rental fees is due within 30 days after end of each exclusive use period for that year. Lesseee must furnish City certified statements showing Net Profits as defined above. Such statements shall be certified by the Lessee to be true and correct. The form of such statements shall be prepared in accordance with generally accepted accounting procedures and practices in a form prescribed by the Director of Finance. All underlying documentation for the certified statement including receipts shall be preserved by Lessee for at least five (5) years. However, for the 2011 Boat Show Event the rental fees to be aid by Lessee to the Marina are $18,000. The rental fees for the 2012 Event and all annual Events thereafter shall revert to the fees rovided in the Agreement approved by Ordinance 027576 unless otherwise agreed to by the p arties. (C ) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in advance of the Event. If paid by check, the check must be a cashier's or certified check and must be made payable to the City of Corpus Christi. The deposit will be first used to reimburse the City for any costs incurred for trash pick -up, for the removal of any structures, or for repairs to City property; provided, however, City will attempt to provide Lessee with reasonable notification before these expenses are incurred to allow Lessee to provide the necessary corrective action at Lessee's cost. If none of these costs are incurred and actual and direct costs are paid as billed, the deposit will be returned to Lessee within (90) days after the Event. (D) The parties agree to renegotiate the fees in 2010 for the future Events beginning with the 2011 Event." 3. The insurance exhibit referenced in Section 16 of the Agreement is replaced with the attached exhibit. 4. All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective after final approval by City Council. EXECUTED IN DUPLICATE ORIGINALS this day of 2011, by the authorized representative of the parties. 2 City of Corpus Christi C- Name: Ranie. �, Post Title: .m i�-(m Mapor Date: 1 01 Attest: By: Armando Chapa, City Secre rrl. DDS d AUYHOHUS BY MUNC APPROVED AS TO LEGAL FORM THIS 3 'IA DAY OF k c'-.- , 2011: 44, Lisa Aguilar, �s istant City Attorney For the City Attorney MMD By: Name: Title: Date: Z L k 3 EXHIBIT INSURANCE REQUIREMENTS A. Lessee must not commence work under this Lease until all insurance required herein has been obtained and such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation, non - renewal, material Bodily Injury and Property Damage change or termination required on all certificates 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. Personal Injury 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, $500,000 COMBINED SINGLE LIMIT stages, bleachers, temporary structures and other large items AT A MINIMUM, STATUTORY LIMITS of $30,0001 2. Lessee workers and volunteers $60,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE Required if Lessee employs any person other than himself/herself. WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON 4 C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. ADDITIO REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company obtained 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 an amount sufficient to ensure that all workers' compensation obligations incurred by the Lessee 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 is required on all applicable policies. • 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 Marina Superintendent of material change, non - renewal, termination or cancellation is required. C. Powerboat and Wakeboard event holders- sponsors must also each provide a Certificate of Insurance to the City with at a minimum of $500,000 Watercraft Liability coverage naming the City of Corpus Christi as an additional insured. 2011 International Boat Show ins. req. 2- 11 -11ep Risk Mgmt 5