HomeMy WebLinkAboutC2013-113 - 4/9/2013 - ApprovedPage 1 of 23
BUC DAYS SHORT TERM 2013 LEASE AGREEMENT
State of Texas §
Know All By These Presents:
County of Nueces §
This short term Lease Agreement ( "Lease Agreement') between the City of Corpus
Christi, a.Texas home -rule municipal corporation ( "City "), acting through its duly
designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a
Texas non - profit corporation, acting through its duly designated agent, is in consideration
of the covenants contained herein.
1. - Definitions.
a. City - means the City of Corpus Christi, a Texas home -rule municipality.
b. City Attorney - means the City's Attorney or designee.
c. City Traffic Engineer - means the City's Director of Engineering Services or
designee.
d. City Manager - means the City's City Manager or designee.
e. Commission — means the Buccaneer Commission, Inc., a Texas non - profit
corporation.
f. Commission's Agent means a duly authorized representative of the Buccaneer
Commission.
g. Event - means the annual Buccaneer Days f=estival ( "Buc Days ") and related
activities sponsored by the Commission including carnival a barbeque cook -off along
Shoreline Blvd; and parade.Events. The Event dates are described in' Section 2,
Section 3 and Exhibit B.
h. Parks Director - means the City's Director of Parks and Recreation or designee.
L Police Chief - means the City's Police Chief or designee.
j. Premises - means the Event sites for the Buccaneer Days Festival and related
activities more fully described in Section 3 and on the attached .and incorporated
Exhibit A.
k. Risk Manager - means the City's Director of Risk Management or designee.
I: City Secretary — means the City Secretary or designee
2. Term. This Lease Agreement takes effect upon execration by the City Manager.
= The Commission will be entitled to exclusive use of the Premises described below, for the
i
s
2013 -113
4109113
Ord. 029793
Buccaneer Commission Inc.
INDEXED
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periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit
B.
3. Premises and Permitted Uses. City grants to the Commission the privilege of
using City property to conduct its annual Buccaneer Days_ Festival for the dates set forth in
Exhibit B:
A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the
City's General Manager of the American Bank Area (Arena).
B. For the BBQ Cook Off: Premises are parking lot on the north side of the former
Memorial Coliseum location.
C. For the Buc Days Festival: City property to be used for the Buc Days Festival
includes: Parking lots located north and south of the former Memorial Coliseum
site; the grass area located at the former Memorial Coliseum site, and the park
bounded by Kinney Street and N. and southbound Shoreline excluding Sherrill Park.
The grass area located at the former Memorial Coliseum site may only be used for
tents, and electric drive type of "kiddie" carnival rides, with weight that does not
exceed 20,000 pounds per ride.
D. If any of the desired Premises include use of the American Bank Arena area
( "Arena Area "), Commission shall obtain separate agreement with SMG, the City's
General Manager of the Arena Area.
E. For the Buc Days Illuminated Night Parade on Saturday May 4, 2013, : Parade
begins on Leopard Street at Buc Stadium, goes down Leopard, to Schatzel; turns
right off Lawrence, goes south on southbound Shoreline Blvd. to Park Avenue.
Breakup area is on southbound Shoreline Blvd. at former Memorial Coliseum area.
Street closure and parade permits must.be obtained as required_ in Sections 11 and
21 below. Parade .route is depicted on attached Exhibit.
F. For the Junior Parade on Saturday April 27, 2013 : Parade route is depicted on
the attached Exhibit. Street closure and parade permits must be obtained as
required in Sections 11 and 21 below
G. Landscaped areas within the Premises or utilized for the Event must be
protected by the Commission.
H. For all activities on the barge dock and adjacent .waters, Commission shall
- obtain separate agreements with all necessary parties.
4. Premises Revisions. Construction along Shoreline may impact and change the
Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibits
A will be executed by the City Manager and Commission Agent and filed with the City
Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A
becomes effective upon date of last signature.
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5. Event Layout Diagram. The Commission's Agent must provide the Parks Director
a diagram explaining the final Event layout for all related activities at least two weeks prior
to the Event. Layout of the Event is subject to the approval of the Parks Director.
6. Permit Fees. The Commission must pay City all applicable City permit fees as
established by City ordinance, including but not limited to the following: one -time Parks
and Recreation Special Event Permit fee of $400.00 health permit/vendor. fees,
Development Services permit fees, . traffic engineering street closure permit fees and
parade permit fees.
7. Payment of City Costs
7.1 Payment of City Costs for services provided
A. City agrees to provide the following services for total not to exceed cost of $33,000.00
1) Stormwater: Cleaning inlets day after parade, not to exceed $2,500.00.
2) Solid Waste: Street cleanup before and after night parade, not to exceed $3,500.00.
3) Parks and Recreation: Deliver .and pickup trash receptacles at Festival Event site
and night parade and junior parade; assist with cleanup of both parades in downtown
tourst area, not to exceed $3,200.00.
4) Street Signs and Services: Deliver and pickup barricades at Festival Event site,
night parade,. and BBQIRodeo event site; construct barricades as needed., not to
exceed $800.00
5) Police: Overtime for carnival event not to exceed $23,000.00
These fees are also shown on Exhibit D.
B. The Parks Director will invoice the Commission for these costs within thirty (30)
calendar days after the Event. The invoice will provide an itemized breakdown of the City
charges .for services rendered. Upon receipt of written request of the Commission's
Agent, the Parks Director will furnish reasonable supporting documentation- of the
charges within ten (10) calendar days.
C. if there is a hurricane or other weather activity, or event outside the control of the
parties 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 City's Costs.
D. As additional consideration for City services, the Commission will name the City as a
sponsor of the Parade and Festival. The city logo will be placed on the sponsor section of
the website, the Festival section and the parade section. Four (4) banners will be placed
on the fence of the Festival site for its duration, to be provided by the city. The PD will be
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provided booth space in the Festival for their recruitment effort. The Commission. will
provide a scholarship(s) in fields beneficial to the City work force beginning in Fall of 2014
7.2. Reimbusement for Damages to City property as a result of the Event.
A. Damages to City property will be billed at the City's cost of repair. This includes.
but is not limited to,- damages caused by negligent acts or omissions of the
Commission, its employees, volunteers, vendors, contractors; or subcontractors.
This includes but is not limited to, damages to the Utility infrastructure such as
water and/ or irrigation lines or related equipment caused by acts of the
Commission, its employees, volunteers, vendors, contractors, or subcontractors.
B. If the sod at the Premises is damaged, Commission agrees to either replace the
sod with similar product or to reimburse the City's costs for sod replacement.
C. Parks Director will provide the Commission's Agent a punchlist of damage to
City property defined in the Premises within seven (7) days after the
Commission has vacated all City property after the end of the Buc Days Festival.
Commission will restore all items on the punchlist within ten (10) days after
receipt of the punchlist. If the Commission fails to restore all items on the
punchlist, Parks Director may. do so and invoice the Commission for direct costs.
Commission shall be responsible to replace any turf damage due to the use for
these Events. Commission or its agent must fill and compact all holes in grassy
areas made during the Event. Parks Director must approve fill material
D. City will provide an itemized bill for reimbursement of the damages, if any, within
30 days after the Event closes. Commission will pay City's invoice for
damages, within thirty days after City tenders the invoice to Commission, less
any amount(s) the Commission has disputed.
.7.3 Late Fee. Commission's failure to pay the undisputed charges on City's invoice
within 30 days after submittal to Commission shall result in a late payment fee being
assessed against Commission. 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.
8. Annual Planning Meetings. Two months prior to this year's Event the Parks
Director, Street Director, Police Chief, and City Traffic Engineer will meet with
Commission representatives to agree on City Services to be provided and discuss the
costs of the City Services for the Event. In addition, Seawall repairs will require that the
Premises be . reviewed with. regard to the areas of set -up, parking, traffic control,
barricades,. traffic signs, security, fire lanes, and fencing to determine whether the
Premises re impacted by the Projects and whether Exhibit A needs to be revised by the
Parks .Director and Commission.. If revised, new Exhibit A will need to be filed with the
City Secretary's office. Commission's Agent may request additional meetings.
9. Deposit. The Commission .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
City for any costs incurred for trash pick up or removal of any structures or repairs to City
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property_ If no costs are incurred and all invoices for City costs are paid, the deposit will
be returned to the Commission within 30 days after the Event.
10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be sent as follows:
If to City:
Director of Parks and Recreation
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 880 -3461
FAX (361) 880 -3864
If to Commission:
Event Manager
The Buccaneer Commission, Inc.
P.O. Box 30404
Corpus Christi, TX 78463 -0404
(361) 884 -8331 or 882 -3242
FAX (361) 882 -5735 . .
11. Temporary Street'Closures (Exhibit C to be attached upon completion of street
closure process). The street closure process will govern any necessary street closures.
Commission 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
City ordinance. All street closures on a temporary basis are subject to the requirements of
City Ordinances, Sections 49 -15 to 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. The Commission will provide parking and signage for people with
disabilities in close proximity to the entrances of the Event and its related activities defined
on the Premises maps. 13.. Barricades, Traffic Signs. The Commission must comply
with traffic control plan approved by City Traffic Engineer. Street access to Premises may
not be blocked or partially blocked without detour signage and alternate street access
14. Signage and Advertising. Commission'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.
15. Rest Rooms, Drinking Water and First Aid. The Commission 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 and its related activities.
16. Insurance. Commission'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 a minimum policy limit of
$1,000,000 Combined Single Limit per occurrence for personal injury, death and property
damage. . Commission is required to provide a $1,000,000 Combined Single Limit
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Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles.
Subcontractors and vendors who will be loading or unloading equipment, temporary
structures, carnival rides, stages, bleachers, and any other associated materials to be
utilized for the Event must have comparable insurance policies, which must be filed at
least 2 weeks prior to each Event. Commission must also furnish insurance in the form of
an accident policy for volunteers with minimum limits of $10,000 for death or
dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served
at any of the Commission'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.
Commission 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.
Commission must require all volunteers to - sign an accident waiver form that
Commission must keep on file. The City Attorney will approve the form. In the Event of
accidents of any kind, Commission must furnish the Risk Manager with copies of all
reports of the accidents at the same time that the reports are forwarded to any other
interested parties. In addition, Commission 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 Commission.
17.. indemnity. Commission shall 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
Indemnifees on account of injury or damage to person or property to the
extent any 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 Indemnifees or
on the part of Commission or any of its agents, servants, employees,
contractors, vendors, patrons, guests, licensees, or invitees
( "lndemnitors ") entering upon City property to set -up and take -down,
hold, attend, or participate in the Buccaneer Days Festival and
associated activities, . with the expressed or implied invitation or
permission of Commission, or when. any injury or damage is the result,
proximate or remote, of the violation by Indemnifees or Indemnitors of
any law, ordinance, or governmental order of any kind, or when the
injury or damage 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 Indemnitors under this Agreement
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These terms of indemnification are effective whether _the injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, and in all cases where
Indemnitees' actions are directly related to the Event, but not if the
damage or injury results from gross negligence or willful misconduct of
Indemnitees.
Commission covenants and agrees that if City is made a party to any
litigation against Commission or in any litigation commenced by any
party, other than Commission relating to this Commission Lease
Agreement, Commission shall defend City upon receipt of reasonable
notice regarding commencement of the litigation.
18. Safety Hazards. The Commission, 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 included in the written notice of safety
hazards.
19. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other
changes in any of the Premises including but not limited to, the pavement, curbs,
sidewalks, or seawall, requires the prior written approval by City Director of Engineering
Services, provided however, that no approval will be given if the work will require
subsequent repairs by the City.
20. Permits. A. Commission must require all vendors to obtain and comply with
appropriate permits, including permits from the Alcoholic Beverage Commission for the
sale of alcohol, from the City for consumption and sale of alcoholic beverages on park
land,'and must comply with all requirements of the City - County Health Department for
the sale of foods and the protection of the public welfare. Commission shall be
responsible for payment of all City health permit /vendor and related fees. For example,
the temporary food service establishment permit fees established in City Code of
Ordinances Section.19 -33. Any vendor that sells alcoholic beverages must furnish proof of
Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of
Insurance must be furnished to the Risk Manager at least two weeks prior to the starting
date of the Event annually. Other permits Commission must obtain are Parade Permits
for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary
Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire
Department and any permits required by the Coast . Guard for water Events.
Commission's. Agent shall notify the Parks Director of arty special conditions imposed
by any permitting agency.
B. Fireworks. The Commission is not hosting fireworks for the 2013 Event.
C. Music licenses. Commission is solely responsible for obtaining licenses and
permission from copyright owners) prior to the performance of music at the Event.
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21. Parade Vendors
A. Commission or its designee shall have exclusive authority to administer and issue
parade vendor permits to permit vending on the public sidewalks along the parade
route for the following time periods:
(i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time
to be designated by the City Manager, but not later than, 8:00 A.M. the day of the
Lighted Parade, during and one (1) hour after the Lighted Parade;
(ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time
to be designated by the City Manager, but not later than 6:00 AM the day of the
Junior Parade, during and one (1) hour after the Junior Parade. The Lighted
Parade and Junior Parade are referred to in this section as "Parade Events."
B. Commission shall have the right to determine permit fees for parade vendors that
desire to sell items at the Commission's Parade Events. Parade vendor permits shall
be issued for the. period specified in this section only and the fee therefore shall be one
hundred dollars ($100.00) for each vendor and /or vending unit, which fee shall be in
lieu of the permit fee established for vendors by the Buc. Days Commission. Parade
vendor permit fee for Commission Parade Events is $100.00.
C. Commission shall ensure that parade vendors comply with applicable sections of
the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached
as Exhibit E, as may be amended by the City Council,
D.. Commission shall further ensure that no parade vendor sells the following items
identified by the Police Chief: silly string, or any similar squirting device; poppers or
any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers
or any similar laser producing device.
E. Violations of the City Code of Ordinances shall subject the parade vendor to
issuance of citation by City Police Department.
F. Commission shall ensure that all food and beverage vendors comply with all
requirements of the Corpus Christi- Nueces County Public Health Department and all
other local, State or Federal laws, rules, and regulations regarding the sale and storage
of food.
G. Commission. shall ensure that all parade vendors comply with all applicable
Federal, State, and local laws and regulations, as maybe amended.
H. Commission desires to place stationary vending booths along the parade route on
real property owned by the City of Corpus. Christi during Parade Events. The
Commission may place a vending booth at a specific location that has been reviewed
and approved in writing by the City Manager or designee, the Chief of Police or
designee, the Fire Chief or designee, the Director of Engineering Services or designee,
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the Traffic Engineer or designee, the Parks Director or designee, and the Director of
Solid Waste or designee.
Stationary vending booths at City - approved locations may be placed no earlier than
48 hours prior to the start of a Parade Event, and must be removed no later than 24
hours after the conclusion of a Parade Event.
J. Commission shall restore all property used for placement of vending booths to its
original condition within 24 hours of the conclusion of a Parade Event.
K. Commission shall promptly remove or relocate booths at Commission's sole
expense if deemed necessary by the City Manager or designee for repair to City or
other public utilities, or for protection of public health and safety.
L. Commission shall obtain all necessary permits prior to the placement of vending
booths at City- approved locations.
M. No alcoholic beverages may be sold by a parade vendor.
N. Commission shall require all food and beverage parade vendors to clean the area
around each food and beverage booth. The clean up will be hourly and immediately
after the conclusion of a Parade Event. All trash cleaned up must be properly
deposited in 'a trash bag provided by the Commission and taken to a location
designated by the Commission.
21.1 Parade Viewing Area Permits For City Property Along Parade Route For Rental
to General Public
A. Commission or its designee shall have exclusive authority to administer and issue
parade viewing area permits to Commission onto nonprofit groups to allow Commission
or groups to rent City property, designated by Parks Director, to the general public
along the following portion of the parade route and for the following time periods:
(i) Along the Buccaneer Days Lighted Parade route between Coopers Alley and
Park Avenue on Shoreline,.from the start of the parade until the end of the parade.
B. Commission shall have the right to determine reasonable fees for the nonprofit
groups to rent space in the parade viewing area to the general public. Commission
. and the nonprofit groups shall split these fees.
C. Commission shall require the nonprofit groups to clean the parade viewing area
The clean up will be hourly and immediately after the conclusion of a Parade Event.
All trash cleaned up must be properly deposited in a trash bag provided by the
Commission and taken to a location designated by the Commission.
D. Commission shall restore all City property used for parade viewing to its original
condition within 24 hours of the conclusion of a Parade Event.
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22. Clean Up. Commission must require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals.
Commission 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 the Commission.and taken to a location designated
by the Commission. Commission may hire and work its own clean up crew during and
after the Event. If the Parks Director determines that additional clean up is necessary,
Parks Director will give Commission's Agent 2 hours notice to increase services; and if
it is still unsatisfactory, Parks Director may authorize use of City workers.
Commission must install screens, approved by City Director of Storm Water Operations
or designee, across all storm water inlets along Shoreline and within any closed streets
within the Premises. Drainage must not be blocked. Commission must remove the
screens within the non - exclusive use period after' the close of the Event. However,
Commission 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 City Director of
Storm Water Operations or her 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 Commission provides the Parks Director prior written assurances
that Commission will remedy said damages in accordance with Section 7 above and
Parks Director approves the construction in writing.
24. Temporary Buildings. Commission must receive prior written approval from the
Parks Director to place any temporary buildings on the grounds of the Premises.
Otherwise, all temporary buildings moved onto Premises for the Event must be placed
and remain on trailers to promote expeditious removal. All these buildings must be
removed within the non - exclusive use time period..
25. Electrical & Water Services. City does not provide electrical service on the
Premises. A Temporary Promotional Event Permit from the City Building Inspection
Department is required in order to install electrical service for the Event. Further, a
Certificate of Occupancy, which involves inspections, must be completed by the proper
inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and
structures, inspected. It is the responsibility of the Commission. to call each inspector for
an appointment to inspect and get approval for each temporary service before the Event
begins.' Parks Director will provide access to water from park water facilities.
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 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).
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27. Dispute Resolution. City and the Commission 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 an invoiced
amount, will be submitted for determination and resolution, first to the Parks Director, with
a right to appeal to the City Manager. The decision of the City Manager will be final,
unless that decision is appealed to the City Council by giving - written notice of appeal to
the City Secretary within ten (10) days after the written decision of the City Manager has
been sent to the Commission, In the Event of appeal, the decision of the City Council
will be final. Upon a resolution of the dispute, either by agreement of the parties or as the
result of an appeal, the disputed amount will be considered due and payable to the City
within ten (10) calendar days of the resolution.. This Lease Agreement in no way waives
the Commission's rights to seek other legal remedies during the appeals process.
28. Emergency Vehicle Lanes. Commission must at all times maintain emergency
vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes
must be kept clear of all obstructions.
29. Assignment. Commission may not assign or transfer this Lease Agreement nor
sublease the whole or any part of the Premises or make any alteration therein without the
prior written consent of the City.
30. Breach, Termination. Any failure on the part of Commission to perform any of the
covenants contained in this Lease Agreement, or any breach of any covenant or condition
by Commission entitles City to terminate this Lease Agreement without notice or
demand of any kind, not withstanding any license issued by City and no forbearance by
City of any prior breach by Commission is a waiver by or estoppel against City. In case
of termination City is entitled to retain any sums of money theretofore paid by
Commission and the sums inure to the benefit of City as a set -off against any debt or
liability of Commission to City otherwise accrued by breach hereof.
31. Right of Commission to Use Public Streets; Commission acknowledges that the,
control and use of public streets is declared to be inalienable by the City and except for
the use privilege granted herein, this Lease Agreement does not confer any right, title, or
interest in the public property described herein. The privilege to use the City property
granted herein is subject to the approval of the City Council as required by ordinance and
the compliance by Commission with the terms and conditions contained within this Lease
Agreement.
32. Not Partnership or Joint Venture. This Lease Agreement may not be construed
or deemed by the parties hereto as a partnership, joint venture, or other relationship that
requires the City to cosponsor or incur any liability, expense, or responsibility for the
conduct of the Event or associated activities. Payments received from Commission by
the City are compensation for provision of City services as described herein and for the
right of Commission to use public property for the limited purpose described herein.
33. City Services Subject to Appropriation. The Commission recognizes that the
services provided by the City pursuant to this Lease Agreement are subject to the City's
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annual budget approval and appropriation. The continuation of any contract after the close
of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to
appropriations and budget approval. The City does not represent that the expenditures
required by the City for the provision of services required by this Lease Agreement will be
adopted by future City Councils, said determination being within the sole discretion of the
City Council at the time of adoption of each fiscal year budget.
34. Compliance with Laws. Commission must comply with all applicable federal,
state, and local laws and regulations, including without limitation compliance with
Americans with Disabilities Act requirements, all at Commission's sole expense and cost.
35. Nan - discrimination. Commission 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. Commission may provide a temporary six-foot (6) chain link fence, with
gates for access, upon prior approval of the Parks Director. 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 the Commission's needs upon Parks Director's
concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary
and supersede the existing Exhibit. The new Exhibit A becomes effective upon filing with
the City Secretary.
37. Admission Fee. Commission may charge an admission fee. Special Events
connected with Commission. may charge another fee to help defray the cost of
entertainment.
38. Security. Commission must provide uniformed Security Officers during the Event,
and after the.Event closes each night until it opens the next day. Commission will assign
the Security Officers duties. Security Officer means sworn peace officers directly paid by
Commission, Provided, however, the Police Chief may determine that a security guard
service will provide adequate security for the Event, or portions of the Event. If the Police
Chief allows a security guard service to provide security, the term "security officer" will
include a licensed security guard as well as a.sworn peace officer.
If the City Police Chief determines it. is necessary, the Police Chief will assign Police
Officers to provide off -site crowd and traffic control for the Event as .needed and include
costs.of police officers in the City costs per Section 7 above. The Police Officers will be
assigned duty stations by the Police Chief, or designee.
39. Entirety Clause. This Lease Agreement and the incorporated and attached
Exhibits constitute the entire Lease Agreement between the City and Commission 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 for a complete understanding within the provisions of this Lease .Agreement and
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its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's
operations and the Premises to be used in the operations. The unenforceability, invalidity,
or illegality of any provision of the Lease Agreement does not render the other provisions
unenforceable, invalid, or illegal.
Executed in Duplicate Originals on , 2013.
ATTEST: CITY F CORPUS C RISTI
Armando Chapa - P&- Ronald L. Olson
City Secretary City Manager
THE BUCC COMMISSION, INC.
By:
Barry Box, Exe utive Di ctor
Date:
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Pirates of all sizes and ages are invited
to join the fun at the Buc Days IBC Bank
Junior Parade. It's time to heave ho,
ye landlubber, and come have a
Swashbuckling Good Time!
Come and join the 20,000+ spectators
along the Junior Parade Route to
watch these young pirates from daycare
centers, youth groups, schools, civic,
public, and private organizations
"strut their stuff" in this wonderful
children's parade,
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Page 17 of 23
EXHIBIT B
2013 Lease Agreement
Event Locations, Dates & Summary
Buc Days Festival
Scheduled for April 25, 2013 through May 5, 2013
Along Shoreline from parking lot south of former Memorial Coliseum site to park bounded
by Kinney Street at Shoreline, excluding Sherill Park.
Exclusive use on: April 22, 2013 through May 8, 2013
Mutton Bustin' Mania
Scheduled for: April 13, 2013
To be located on parking lot north of former Memorial Coliseum site
Exclusive Use on: April 12, 2013 — April 13, 2012
Buc Days Pro Rodeo
American Bank Center Arena
April 18 -April 21, 2013
(Commission shall contract directly with third party arena management company for use
of American Bank Center Area.)
Page 18 of 23
EXHIBIT C — STREET CLOSURE
a BREW ST. j
6
HUGHES ST,
TRUCK AND TRAILER
PARKING AREA
HERBAGE RESAC.A ST.
PARK
4—I
ATr
EU N
SCALE: 1"=350'
AMERM BANK
ARENA
3UC DAYS RODEO
BBQ cTATV-
EVENT SITE
Ay 2L
2013
S
In
w�
PALO ALTO ST,
POWER ST. POWER ST,
a
o �
KEY
m m STREET CLOSURE
Z Z
- SITE PLAN -
SUSIECT: TEMPORARY STREET CLOSURES Traffic .Engineering Div.
BUC DAYS BBQ CHALLENGE & RODEO TRUCK TRAILER PARKING Engineering Services Dept
Arwi 1 l 2
a
PRIVATELY
OPERATED
PARKING
AREA
PRIVATELY
OPERATED
PARKING''
AREA
PRIVATELY
OPERATED ji
PARKING
AREA
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r-
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0
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�o 0
�a
HAMOR M SEUH Of
PLAYHOUSE SCIENCE AND HISTORY
V
WATERGARDEH
route
ART
MUSEUN
M CENTER.
For information concerning parking within the
Corpus Christi Sports, Entertainment, and Arts District
contact Alan Bean or Mario Rodriguez at 369 - 8264749
Page 19 of 23
BUC DAYS 2013
EXHIBIT D — NOT TO EXCEED FEES FOR THE FOLLOWING CITY DEPARTMENT
SERVICES DESCRIBED IN SECTION 7.1A`
Park & Recreation (credit account 343697 - 1020- 12910):
Police (Carnival overtime at 50% of cost)
Solid Waste
Streets signs and services
Storm Water
TOTAL:
$3,200.00,
$23,000.00
$3,500.00
$800.00
$2,500.00
$33,000.00
Page 20 of 23
EXHIBIT E
PARADE VENDOR REQUIREMENTS
Sec. 38 -6. Permit-application; information required.
Every application for a permit required by this chapter shall contain the following:
(1) The name of the applicant and, if applicable, a cerl;ified copy of any assumed name
certificate and /or corporate or other legal organization charter of record, together with proof
of the individual's authority to act in behalf of such entity.
(2) The business address and phone number of the applicant.
(3) The name, home address and phone number of any individuals who will engage in the
business operations.in the city.
(4) A description of the type of goods or services to be offered for sale or rental.
(5) A description of the proposed location of the business for which the permit application
is filed, including proposed routes for mobile street vendors, which shall show compliance
with all site regulations of this article.
(6) The license number of any motor vehicle to be used in the operation of the business in
the city.
(7) a. An identification card no larger than three (3) inches by three (3) inches, displaying
a photograph (or together with an additional photograph identification card, such as a
current driver's license to be used with the identification card - required hereby) for each
individual representative of the applicant who will be engaged in the business for which
application for a permit is made. The identification card required hereby shall contain the
name of the individual representative, the permanent residence address of the individual
representative, the local address and phone number, if any, of the individual
representative, and the name and address of the applicant as shown on the application for
a permit.
b. For purposes of this article, every individual who conducts business for an applicant is
a representative of such applicant whether acting as employee, agent, independent
contractor, franchisee or otherwise for other business purposes, and the applicant shall for
all purposes under this article be responsible for compliance with this article by every such
individual representative.
(8) A description and photograph or drawing with construction plans and specifications of
any vending unit to be used in the business for which the permit application is filed.
(9) Proof of a general comprehensive business liability insurance policy, issued by an
insurance company authorized to do business in the State of Texas, protecting and
indemnifying the applicant and the city from all claims for damages to property and for
Page 21 of 23
bodily injury, including death, which may arise from operations under or in connection with
the requested permit. Such insurance shall name the city as an additional insured, shall
provide that no termination or cancellation will be effective without prior written notice to
the city, and shall provide liability protection in the following minimum amounts: One
hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars
($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per
occurrence for property damage. An indemnity agreement protecting and indemnifying the
city against all such claims may be substituted for the insurance policy herein required in
the case of parade vendor permits valid only for such parade event and issued under the
provisions of section 38 -17(b) of this article.
(10) Proof of state sales tax certificate, if applicable, and compliance with all other
applicable state and federal requirements for the particular business for which a permit is
requested.
(Ord. No. 18788, § 1, 4- 9-1985)
Sec. 38 -7. Health permits required for food and beverage businesses.
No permit authorized to be issued under this article shall be issued to any person for the
purpose of selling or offering for sale any food or beverage unless the applicant shall have
first obtained all health permits, certificates and inspections required by the city health
code for. the particular type of business for which the permit is requested.
(Ord. No. 18788, § 1, 4 -9 -1985)
Sec. 38 -17. Sidewalk vendors; special regulations.
No permit shall be issued to any vendor to operate his business and no vendor shall vend
upon any public sidewalk in the city except as follows:
(b) Parade vending.
(1) Vendors may be permitted along parade routes during and for four (4) hours prior to
and one (1) hour after any parade held under authority of a permit issued pursuant to the
City Code, subject to the following restrictions and regulations in addition to other
conditions imposed upon vendors by this article
a. The police chief shall determine whether the vending would be consistent with the
public safety. In protecting public safety, the chief may refuse to grant a permit, or may
grant a permit limiting the vending to particular areas, limiting the items - to be sold or
rented, limiting the time for vending, or imposing other restrictions. In making his
determination the chief shall consider, based upon past parade experience and law
enforcement experience, the potential for interference with traffic; misuse of items to be
sold or rented; physical injury; interference with parade participants,. parade watchers,
police officers and others; and other effects detrimental to safety.
Page 22 of 23
b. Vendors shall comply with all pertinent restrictions and regulations applicable to
sidewalk vendors under subsection (a) of this section.
d. Vendors shall be restricted in their location to sidewalks and other public areas, except
streets, immediately adjacent to and Wthin six hundred (600) feet of the parade route and
to private premises immediately adjacent to and within six hundred (600) feet of parade
routes. Such private premises shall be owned by the vendor or used by him with the
expressed permission of the owner. Such permission shall be evidenced by written
affidavit filed with the permitting officer prior to the issuance of a permit under this
subsection.
e. Applications for parade vendor permits must be completed and filed at least two (2)
days prior to the scheduled parade date.
(2) The city may allow parade organizers to administer the parade vending process by
separate agreement.
(Ord No. 18788, § 1, 4 -9 -1985; Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3-
2 -2004)
Page 23 of 23
2013
Mr. Barry Box, Executive Director
Buccaneer Commission, Inc.
P. O. Box 30404
Corpus Christi, Texas 78401 -0401
Dear Mr. Box:
In accordance with the Buc Days Short Term 2013 Lease Agreement authorized by the
City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive
authority to administer and issue parade vendor permits for the Commission's 2013 parade
events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor
permit fees for the Commission's parade events.
Sincerely,
Ronald L. Olson
City Manager