HomeMy WebLinkAboutC2014-056 - 3/18/2014 - Approved Page 1 of 14
BUC DAYS SHORT TERM 2014 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. As used in this Agreement, the following terms shall have the
following meanings.
A. City- means the City of Corpus Christi, a Texas home-rule municipality.
B. City Attorney - means the City of Corpus Christi's City Attorney or designee.
C. City Council — means the City Council of the City of Corpus Christi, Texas.
D. City Manager - means the City of Corpus Christi's City Manager, or the City
Manager's designee.
E. City Secretary— means the City of Corpus Christi's City Secretary, or designee.
F. Commission — means the Buccaneer Commission, Inc., a Texas non-profit
corporation.
G. Commission's Agent - means a duly authorized representative of the Buccaneer
Commission.
H. Corpus Christi - Nueces County Health District — means a joint entity between
the City of Corpus Christi and Nueces County which provides health services to
residents of both political subdivisions.
I. Event - means the annual Buccaneer Days Festival ("Buc Days"), parades and
related activities sponsored by the Commission. The Event dates are described in §3
PREMISES AND PERMITTED USES and Exhibit B.
J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or
designee.
K. Great Lawn — means the former Memorial Coliseum site, as referenced in the Buc
Days Festival's promotional materials.
L. Lease Agreement — means this document, as approved by the City Council and
executed by the City Manager.
2014-056
3/18/14
Ord. 030122
Buccaneer Commission Inc.
INDEXED
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M. Parade Event — means the annual Buccaneer Days Junior Parade and/or
Illuminated Night Parade.
N. Parks Director - means the Director of the City of Corpus Christi's Parks &
Recreation Department, or designee.
O. Police Chief- means the Chief of the City of Corpus Christi's Police Department, or
designee.
P. Premises - means the Event sites for the Buccaneer Days Festival and related
activities, as described in §3 PREMISES AND PERMITTED USES and Exhibit A.
Q. Risk Manager - means the Director of the City of Corpus Christi's Risk
Management Division, or designee.
R. Solid Waste Director — means the Director of the City of Corpus Christi's Solid
Waste Department.
S. Street Director — means the Director of the City of Corpus Christi's Street
Operations.
2. TERM. This Lease Agreement takes effect upon execution by the City Manager.
The Commission will be entitled to exclusive use of the Premises described below, for
the 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 Mutton Bustin' Mania on Saturday, April 19, 2014: Parking Lot, north of the
Great Lawn (former Memorial Coliseum site), at Shoreline & Kinney and the Park south
of Kinney Street.
B. For the Rodeo Tail Gate Party on Thursday, April 24 through Saturday April 26,
2014: Shoreline Boulevard, north of Resaca Street, as described in Street Closure Plan
approved by City Traffic Engineering Department (Exhibit C).
C. For the Buc Days Festival on Thursday, April 24 through Sunday, May 4, 2014: The
Great Lawn (former Memorial Coliseum site); Parking Lots north and south of the Great
Lawn; and the Park south of Kinney Street. The Great Lawn may only be used for tents
and electric drive type of "kiddie" carnival rides (weight not to exceed 20,000 lbs per
ride). Sherrill Park may not be used.
D. For the Buc Days Junior Parade on Saturday, April 26, 2014: Parade route is
depicted on the attached Exhibit A-1. Street Closure and Parade Permits must be
obtained, as required in § 9 GENERAL PERMITS, below.
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E. For the Buc Days Illuminated Night Parade on Saturday, May 3, 2014: Parade route
is depicted on the attached Exhibit A-2. Street Closure and Parade Permits must be
obtained, as required in § 9 GENERAL PERMITS, below.
F. For the Buc Days PRCA Rodeo on Thursday, April 24 through Sunday, April 27,
2014: Commission shall obtain a separate agreement with SMG, the City's General
Manager of the American Bank Center Arena. For any additional use of the American
Bank Center, Commission shall obtain separate agreement with SMG.
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
Exhibit A will be executed by the City Manager and Commission Agent and filed with
the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit
A becomes effective upon date of last signature.
5. FINAL 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. ANNUAL PLANNING MEETINGS. Two months prior to this year's Event the
Parks Director, Director of Street Operations and Police Chief 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 are impacted by the Projects and whether Exhibit A needs to be revised by the
Parks Director and Commission. If revised, new Exhibit A will follow process in §4
PREMISES REVISIONS. Commission's Agent may request additional meetings.
7. ADMISSION FEE. Commission may charge an admission fee. Special Events
connected with Commission may charge another fee to help defray the cost of
entertainment.
8. COMMISSION'S FINANCIAL OBLIGATIONS.
A. 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 PermitNendor Fees,
Development Services Permit Fees, Animal Permit Fee, Traffic Engineering Street
Closure Permit Fees and Parade Permit Fees. City reserves right to waive any and all
fees in consideration of cost sharing agreements.
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B. Costs of City Services. City agrees to provide the following services for total not to
exceed cost of$33,000.00 (Exhibit D).
1) Stormwater: Cleaning inlets day after Illuminated Night Parade; not to
exceed $2,500.00.
2) Solid Waste: Street cleanup before and after Illuminated Night Parade;
not to exceed $3,500.00.
3) Parks and Recreation: Deliver and pick up trash receptacles at Festival
Event site, Junior Parade and Illuminated Night Parade; assist with cleanup
of both parades in downtown tourist area; not to exceed $3,200.00.
4) Street Signs and Services: Deliver and pickup barricades at Festival Event
site, Illuminated Night Parade, and Rodeo Tail Gate Party site; construct
barricades as needed; not to exceed $800.00.
5) Police: Overtime for Carnival Event; not to exceed $23,000.00.
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.
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.
C. Weather Considerations 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. City Sponsorship Recognition 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 Police Department will be 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.
E. 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 pickup, removal of any structures, or repairs and
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damages to City 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.
F. Reimbursement for Damages to City Property. During the course of the Event,
damages may occur to City Property. This includes, but is not limited to, damages to
the turf, utility infrastructure, water and/irrigation lines and related equipment caused by
negligent acts or omissions of the Commission, its employees, volunteers, vendors,
contractors, or subcontractors. City will give the Commission an opportunity to rectify
these damages, prior to utilizing the Deposit and finally invoicing the Commission for
any additional cost of repair.
1. Repairs to Buc Days Festival Premises. Parks Director will provide the
Commission's Agent a Punchlist of damages to the City Property authorized
for the Buc Days Festival, as defined in §3 PREMISES AND PERMITTED
USES, within seven (7) days after the Commission has vacated the property,
following the conclusion of the Buc Days Festival. Commission will have the
opportunity to restore all items on the Punchlist to original condition within ten
(10) days after receipt of the Punchlist. For any turf or sod damage, the
Commission must fill and compact all holes. If fill material is needed, it must be
approved by Parks Director. If the Commission fails to restore any items on
the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice
the Commission for any additional costs. Damages to City property will be billed
at the City's cost of repair.
2. Repairs to other Event Premises. Within 30 days after the conclusion of the
Event, the City will provide the Commission's Agent an itemized invoice for
cost of repairs and damages, if any, on the authorized Premises for the Event.
If Deposit is not utilized for repairs to the Buc Days Festival Premises, any
balance will be applied to the itemized invoice amount for the Event.
Commission will pay City's invoice for damages, within 30 days after City
tenders the invoice to Commission's Agent, less any amount(s) the
Commission has disputed.
9. GENERAL PERMITS. Commission shall obtain necessary permits from City
Departments, as outlined below.
A.Temporary Street Closure Permit. (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 Street Director and 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 Code of Ordinances.
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B.Special Event Permit. Commission will obtain a Special Event Permits from the
Parks & Recreation Department for use of Park property and to authorize water
services on Park property, as specified in the City Code of Ordinances.
C. Temporary Promotional Event Permit Commission will obtain a Temporary
Promotional Event Permit from Development Services 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. Commission may obtain an
Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to
satisfy this requirement.
D.Parade Permits. Commission must obtain Parade Permits for both the Junior
Parade and Illuminated Night Parade from the Engineering Department, as specified
in the City Code of Ordinances.
E.Animal Permit. Commission must obtain an Animal Permit from Animal Control for
the Rodeo, as specified in City Code of Ordinances.
F. Vendor Permit. Commission must ensure all mobile food units and temporary food
service establishments comply with all requirements of the Corpus Christi-Nueces
County Health District for the sale of foods and the protection of the public welfare.
Commission shall be responsible for payment of all City Health Permit Nendor and
related fees. (For example, the Temporary Food Service Establishment Permit Fees
established in City Code of Ordinances § 19-33.)
G. Alcohol Vendors. 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
Corpus Christi - Nueces County Health District 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 § 19-33.)
Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability
Insurance in the same amounts set out in §18 INSURANCE. Said Certificate of
Insurance must be furnished to the Risk Manager at least two weeks prior to the
starting date of the Event, annually.
H.Fireworks Permit. If Fireworks are being hosted, Commission must obtain
Fireworks Permit from the Fire Department. The Commission is not hosting fireworks
for the 2014 Event.
I. Water Events. For any water events, Commission must obtain necessary permits
from the United States Coast Guard.
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J. Additional Permits. Commission's Agent shall notify the Parks Director of any
special conditions imposed by any permitting agency.
K.Music Licenses. Commission is solely responsible for obtaining licenses and
permission from copyright owner(s) prior to the performance of music at the Event.
10. ADDITIONAL PREMISES REQUIREMENTS
A.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
B.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 (Exhibit A).
C.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.
D.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
E.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, as outlined in §4, PREMISES REVISIONS.
F. Storm Water System Protection. Commission must install screens, approved by
City's Executive Director of Public Utilities, 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's Executive Director of Public Utilities.
G.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 §8
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COMMISSIONS FINANCIAL OBLIGATIONS above and Parks Director approves the
construction in writing.
H.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.
I. 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.
J. 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).
11. PARADE EVENT VENDORS. The Illuminated Night Parade and Junior Parade
are referred to in this section as "Parade Events." 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, in accordance with the following
requirements.
A. Parade Vendor Permit Duration. Commission or its designee shall have
exclusive authority to administer and issue Parade Vendor Permits for the following
time periods, which may be further designated by the City Manager:
a. Buc Days Illuminated Night Parade: 8:00 AM the day of the event, until
one hour after the conclusion of the Illuminated Night Parade;
b. Buc Days Junior Parade: 6:00 AM the day of the event, until one hour
after the conclusion of the Junior Parade.
B. Parade Vendor Fees. Commission shall have the authority determine permit fees
for parade vendors that desire to sell items at the Commission's Parade Events.
Parade Vendor Permit Fee shall be one hundred dollars ($100.00) for each vendor
and/or vending unit, unless the Buccaneer Commission establishes a higher fee.
C.Compliance with Laws. Commission shall ensure that Parade Vendors
comply with applicable sections of Chapter 38 of the City Code of Ordinances (Exhibit
E), as may be amended by the City Council. Violations of the City Code of
Ordinances shall subject the Parade Vendor to issuance of citation by City Police
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Department. Commission shall ensure that all Parade Vendors comply with all
applicable Federal, State, and local laws and regulations, as may be amended.
D. Prohibited Items. 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. No alcoholic beverages
may be sold by a Parade Vendor.
E. Food & Beverage Requirements.
a. 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.
b. Commission shall require all food and beverage parade vendors to clean
the area around each food and beverage booth. The cleanup 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.
F. Stationary Parade Vending Booths.
a. Commission desires to place Stationary Parade Vending Booths along
the parade route on real property owned by the City during Parade
Events. The Commission may place a Stationary Parade Vending
Booth at a specific location that has been reviewed and approved in
writing by the City Manager, Police Chief, Fire Chief, Street Director,
Parks Director, and Solid Waste Director.
b. Commission shall obtain all necessary permits prior to the placement of
Stationary Parade Vending Booths. Booths may be placed at City-
approved locations no earlier than 48 hours prior to the start of a Parade
Event. 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. All Stationary Parade Vending Booths must be
removed and property restored to original condition within 24 hours after
the conclusion of a Parade Event.
12. PARADE VIEWING AREA PERMITS.
A. Commission or its designee shall have exclusive authority to administer and issue
parade viewing area permits to Commission or to 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:
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(i) Along the Buccaneer Days Lighted Parade route between IH 37 to Power Street
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 cleanup 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.
13. 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.
14. 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.
15. EMERGENCY VEHICLE LANES. Commission must at all times maintain
Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief.
These lanes must be kept clear of all obstructions.
16. 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
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costs of police officers in the costs, §8 COMMISSIONS FINANCIAL OBLIGATIONS,
above. The Police Officers will be assigned duty stations by the Police Chief, or
designee.
17. 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.
18. 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
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 two 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.
19. 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 Indemnitees 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 Indemnitees 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
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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 lndemnitees or lndemnitors 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 lndemnitors under this Agreement.
These terms of indemnification are effective whether the injury or damage may
result from the sole negligence, contributory negligence, or concurrent negligence
of lndemnitees, and in all cases where lndemnitees' actions are directly related to
the Event, but not if the damage or injury results from gross negligence or willful
misconduct of lndemnitees.
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.
20. 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: If to Commission:
Director of Parks and Recreation Event Manager
City of Corpus Christi The Buccaneer Commission, Inc.
P.O. Box 9277 P.O. Box 30404
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78463-0404
(361) 880-3461 (361) 884-8331 or 882-3242
FAX (361) 880-3864 FAX (361) 882-5735
21. 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.
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22. 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.
23. 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.
24. 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.
25. 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 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.
26. 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.
27. NON-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.
28. 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
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,
Page 14 of 14
or illegality of any provision of the Lease Agreement does not render the other provisions
unenforceable, invalid, or illegal.
Executed in Duplicate Originals on PVC(l 7.6 , 2014.
ATTEST: CI 0 a F CORP
T2.1243.e. sat,,,22j?„ ,
Ar■-iel/' Adiai-- -- 1
Rebecca Huerta '? .,r`'�■l on
City Secretary City'Tanager
THE BUCC� OMMISSI• ► C.
�By: �i-
Barry ox Execu ' e D' -c or 7--
Date: — 1)Ya • U
fIm 3 1.
EXHIBIT A PREMISES
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Exhibit A-1
j11 VOlt1 111/ .... ' -
• The 201't 11.e ! . ,:ii,,-.. ,.. ,
Pirates of all sizes and ages are invited — -
'BC to join the fun at the Buc Days IBC Bank ,.;
iJunior Parade.Its time to heave ho, 4f - '
BANK, ye landlubber,and come have a e
Nrrr You I■rnd/? Swashbuckling Good Time! ' , r
We Do More ' R;
Come and join the 20,000+spectators
J unior Parade along the Junior Parade Route to t
watch these young pirates from daycare 1j
Saturday, April 26, 201't • 11 AM centers,youth groups,schools,civic, r .
public,and private organizations ;�• y`�;>*
"strut their stuff"in this wonderful " .4*,,..*
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children's parade. `�
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r N,Sho N rn _o N.Water Et, c'' h y S Shoro/!ne E/ Ocean Dr. ^'a::l r„.„,,,,,
in 3 vd �..
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$Hertel A Bank n sr r� m N Ater St'o a d N.Chaparral St. 3 o° 3 .m water St Dcean Dr
Park Center S---_'V m -'-'' v o° 3 c m r7 McCaughan
han
Corpus 6 m a tm H U S.Shoreline Blvd
Christi anal St. N.Mesquite St. m v in
Ch o, a E m a
Museum of Sc ence N N St, t U Y o S 2 S.Water St.
0 &History N °—, p/lesquiLe Lower Broadway m o a m
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Parade starts
d
Parade ends north of Peoples St.
a' .t., here at T-Head
Y,_ s Fitzgerald St.
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Exhibit A-2 0„,,,,,,
The 201't � � �p'°U
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Save the Date today for rtegees` +' Parade ends
May 3rd!The Buc Days TOYOTA A�asL here at
Let's Go Places Illuminated Night Parade will m t. Fitzgerald St.
send the floats and bands FazgeraldSt.N m a.
• ■ down the parade route m Paie M.St
Illuminated Hight Parade beginning atdthe 35 I.
Enjoy the Parade and then head CD y Pd�e S
down to enjoy the Buc Days
Belden St ;
to 5aturda , May 3, 2D1't ■ S PM Festival&Stripes Camival! `t
OPEN LATE PARADE NIGHT!
Mann SI "
i; .. ® Tvagg St. -
0
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a ec� z
z 0 Taylor St
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4t, Antelope St. 3 c / el 4 _ - St,.n,
^e^vj - ¢ t Antelope St T _
, Leopard St z .T N Peoples St. Peoples St.T-Head
Leopard St Lenard SIN
Leopard St.
Hose St_ Mti:i.:a y, 2 _ i
S Mestina SL° _ 3 Mestina SL_ - j = (aw t R 33 m
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Parade starts here, N g wt"a^Sw 1,,e,_
across from f T. m ''e^^S St T_"ead
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EXHIBIT B
2014 Lease Agreement
Event Locations, Dates & Summary
Mutton Bustin' Mania
Scheduled for April 19, 2014
Parking Lot, north of the Great Lawn (former Memorial Coliseum site), at Shoreline &
Kinney and the Park south of Kinney Street (Excluding Sherrill Park).
Exclusive Use on: April 18, 2014—April 20, 2014
Buc Days Festival
Scheduled for April 24— May 4, 2014
The Great Lawn (former Memorial Coliseum site); Parking Lots north and south of the
Great Lawn; and the Park south of Kinney Street (Excluding Sherrill Park).
Exclusive use on: April 21, 2014 through May 7, 2014
Buc Days PRCA Rodeo
American Bank Center Arena
Scheduled for April 24—27, 2014
(Commission shall contract directly with SMG for use of American Bank Center Area.)
Buc Days Rodeo Tail Gate Party
Scheduled for April 24—26, 2014
Shoreline Boulevard, north of Resaca Street, as described in Street Closure Plan
approved by City Traffic Engineering Department
EXHIBIT C - STREET CLOSURE
I 41.
COOPERS ALLEY (]
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n
vii - - --
d' 1 N
ai 3 W so..., ; SCALE: N.T.S.
(((JJJL
SHERRI l II
1
KINNEY ST. I ■ ,
[. ' /FM
CONSTRUCTION N
STREET CLOSURE
\ __ TEMPORARY STREET
CLOSURE FOR BUC
DAYS EVENT - 2014
BORN 51
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W --
Z
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2
N —
gROPOWPY Cl. //
TEMPORARY STREET
CLOSURE FOR BUC
DAYS EVENT - 2014
n N
y 3
o --' PARK AVE.
y " � _-
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, A W
m - KEY
A co N _ ®- STREET CLOSURE
iii co
9 McCAUGHAN I
cl PARK _
n 1
G --k VD McGEE BEACH
Y
a
igt
SUBJECT: TEMPORARY STREET CLOSURE - SITE PLAN -
FOR BUC DAYS EVENT - 2014
Traffic Engineering Div.
Engineering Services Dept.
o _
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IS
ART
/ ,MUSEUM N
4 SCALE: N.T.S.
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o 1 Lg 0
BREWST. ST.�o
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CONVENTION
C CENTER
HUGHES ST. C ��
AMERICAN BANK
ARENA
BUC DAYS RODEO
HERITAGE RESACA ST. TAILGATE MIXER
Pte" ° EVENT - 2014
i
1
i
, , 1 i
1 FITZGERALD ST. \
a N J
/ O
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Q c J
w o 3 ow
m ) rn x
N 1
r PALO ALTO ST.
- '"------').) ,
POWER ST. POWER ST.
KEY
F . ^ ®- STREET CLOSURE
SUBJECT: TEMPORARY STREET CLOSURE - SITE PLAN -
FOR BUC DAYS RODEO TAILGATE MIXER EVENT - 2014
Traffic Engineering Div.
Engineering Services Dept.
EXHIBIT D
NOT TO EXCEED FEES FOR THE FOLLOWING CITY DEPARTMENT SERVICES
DESCRIBED IN SECTION 7.1A*
Park & Recreation (Credit account 343697-1020-12910): $3,200.00
Police (Carnival overtime at 50% of cost) $23,000.00
Solid Waste $3,500.00
Streets Signs and Services $800.00
Storm Water $2.500.00
TOTAL $33,000.00
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 certified 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
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.
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 within 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)
2014
Mr. Barry Box, Executive Director
Buccaneer Commission, Inc.
P. 0. Box 30404
Corpus Christi, Texas 78401-0401
Dear Mr. Box:
In accordance with the Buc Days Short Term 2014 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 2014 parade
events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor
permit fees for the Commission's parade events.
SO er=
. •. 6 so
Cit - ager