HomeMy WebLinkAboutC2015-101 - 7/21/2015 - Approved Page 1 of 17
LEASE AGREEMENT FOR HOUSE OF ROCK'S 10 ANNIVERSARY EVENT
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 Entertainment Showcase, Inc. ("Lessee), a Texas
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. LESSEE — means Entertainment Showcase, Inc., a Texas profit corporation.
G. LESSEE's Agent - means a duly authorized representative of the LESSEE.
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 House of Rock's 10 Year Anniversary events and related
activities sponsored by the LESSEE, as described in Exhibit A. The Event dates are
described in Exhibit B.
J. Fire Chief— means the Chief of the City of Corpus Christi's Fire Department, or
designee.
K. Lease Agreement— means this document, as approved by the City Council and
executed by the City Manager.
L. Parks Director - means the Director of the City of Corpus Christi's Parks &
Recreation Department, or designee.
2015-101
7/21/15
Ord. 030556 �NDEXED
Entertainment Showcase Inc.
Page 2 of 17
M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or
designee.
N. Premises - means Starr Street between Mesquite Street and Lower Broadway
Street
O. Risk Manager - means the Director of the City of Corpus Christi's Risk
Management Division, or designee.
P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid
Waste Department.
Q. 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 LESSEE 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 LESSEE the privilege of
using the Starr Street between N. Mesquite Street and Lower Broadway Street, to conduct
its Event.
4. PREMISES REVISIONS. Construction or other unforeseen circumstances may
impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is
revised, new Exhibit C will be executed by the City Manager and LESSEE Agent and
filed with the City Secretary and Parks Director, superseding the existing Exhibit C.
New Exhibit C becomes effective upon date of last signature.
5. FINAL EVENT LAYOUT DIAGRAM. The LESSEE'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. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director
of Street Operations and Police Chief will meet with LESSEE representatives to agree
on City Services to be provided and discuss the costs of the City Services for the Event.
In addition, the Premises will be reviewed with regard to the areas of set-up, parking,
traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine
whether Exhibit C needs to be revised by the Parks Director and LESSEE. If revised,
new Exhibit C will follow process in §4 PREMISES REVISIONS. LESSEE's Agent may
request additional meetings.
7. ADMISSION FEE. LESSEE may charge an admission fee of $10. Special Events
connected with LESSEE may charge another fee to help defray the cost of entertainment.
8. LESSEE'S FINANCIAL OBLIGATIONS.
Page 3 of 17
A. Permit Fees. The LESSEE must obtain and pay City all applicable City permit
fees as established by City ordinance, including but not limited to the following: one-
time Parks and Recreation Large Special Event Permit fee of $400.00, Health
Permit/Vendor Fees, Development Services Permit Fees, Traffic Engineering Street
Closure Permit Fees and Firework Permit Fee.
B. Costs of City Services. City agrees to provide the following services for actual
City costs. The current estimate for these City services are provided:
1) Parks and Recreation. Special Event Permit Fee:$ 400.00
2) Traffic Engineering. Traffic Control fees: $550.00
The Parks Director will invoice the LESSEE for costs of all City services, including but
not limited to, services provided for the Event by City Utilities Department, City Solid
Waste Department, City Parks and Recreation Department, and City Police
Department, and City Fire Department 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 LESSEE's Agent, the Parks Director
will furnish reasonable supporting documentation of the charges within ten (10)
calendar days.
LESSEE's failure to pay the undisputed charges on City's invoice within 30 days after
submittal to LESSEE shall result in a late payment fee being assessed against
LESSEE. 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 LESSEE anticipated attendance levels, the
City Manager is delegated the authority to adjust the billing of City's Costs.
D. Deposit. The LESSEE 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
damages to City property. If no costs are incurred and all invoices for City costs are
paid, the deposit will be returned to the LESSEE within 30 days after the Event.
E. 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, landscaping, utility infrastructure, water and/irrigation lines and related
equipment caused by acts or omissions of the LESSEE, its employees, volunteers,
invitees, vendors, contractors, or subcontractors. City will give the LESSEE an
opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing
the LESSEE for any additional cost of repair.
Page 4 of 17
1. Repairs to Premises. Parks Director will provide the LESSEE's Agent a
Punchlist of damages to the City Property authorized for the Event, as defined in
§3 PREMISES AND PERMITTED USES, within seven (7) days after the
LESSEE has vacated the property, following the conclusion of the Event.
LESSEE 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 LESSEE must fill and compact all holes. If fill material is needed, it
must be approved by Parks Director. If the LESSEE fails to restore any items
on the Punchlist, Parks Director may first utilize the Deposit to do so; then
invoice the LESSEE for any additional costs. Damages to City property will be
billed at the City's cost of repair.
2. Repairs to other City Property. Within 30 days after the conclusion of the Event,
the City will provide the LESSEE's Agent an itemized invoice for cost of repairs
and damages, if any, on any other City property for the Event. If Deposit is not
utilized for repairs to the Premises, any balance will be applied to the itemized
invoice amount for the Event. LESSEE will pay City's invoice for damages,
within 30 days after City tenders the invoice to LESSEE's Agent, less any
amount(s) the LESSEE has disputed.
9. GENERAL PERMITS. LESSEE shall obtain necessary permits from City
Departments, as outlined below.
A.Temporary Street Closure Permit.. The street closure process will govern any
necessary street closures. LESSEE 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.
B.Special Event Permit. LESSEE 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 LESSEE 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 LESSEE to call each inspector for an appointment to inspect and get approval for
each temporary service before the Event begins. LESSEE may obtain an Electrical
Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy
this requirement.
D. Vendor Permit. LESSEE must ensure all mobile food units and temporary food
service establishments comply with all requirements of the Corpus Christi-Nueces
Page 5 of 17
County Health District for the sale of foods and the protection of the public welfare.
LESSEE 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.)
E. Alcohol Vendors. LESSEE must require all vendors to obtain and comply with
appropriate permits, including permits from the Alcoholic Beverage LESSEE 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. LESSEE
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.) Any vendor that sells alcoholic beverages must
furnish proof of Liquor Liability Insurance in the same amounts set out in §16
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.
F. Fireworks Permit. If Fireworks are being hosted, LESSEE must obtain Fireworks
Permit from the Fire Department.
G.Water Events. For any water events, LESSEE must obtain necessary permits from
the United States Coast Guard.
H.Additional Permits. LESSEE's Agent shall notify the Parks Director of any
special conditions imposed by any permitting agency.
I. Music and Movie Licenses. LESSEE is solely responsible for obtaining licenses
and permission from copyright owner(s) prior to the performance of music and display
of movies at the Event.
10. ADDITIONAL PREMISES REQUIREMENTS
A.Barricades, Traffic Signs. The LESSEE 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 LESSEE will provide parking and signage for people with disabilities
in close proximity to the entrances of the Event and its related activities
C.Signage and Advertising. LESSEE'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 LESSEE 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
Page 6 of 17
must also be provided at each site throughout the duration of the Event and its related
activities.
E. Fence. LESSEE 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 C may be revised to enlarge or
decrease the fenced area in accordance with the LESSEE's needs upon Parks
Director's concurrence, as outlined in § 4, PREMISES REVISIONS.
F. Storm Water System Protection. LESSEE 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. LESSEE must remove the screens within the non-exclusive use period after
the close of the Event. However, LESSEE 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 LESSEE provides the Parks Director prior written
assurances that LESSEE will remedy said damages in accordance with §8 LESSEES
FINANCIAL OBLIGATIONS above and Parks Director approves the construction in
writing.
H.Temporary Buildings. LESSEE 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 Capital
Programs, 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. CLEAN UP. LESSEE is responsible for trash pickup at the Event. LESSEE must
require all food and beverage vendors to clean a designated zone adjacent to their
respective booths at regularly scheduled intervals. LESSEE may designate the zone, but
it will not be less than 10 feet by 20 feet in the immediate area around each food and
Page 7 of 17
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
LESSEE and taken to a location designated by the LESSEE. LESSEE 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 LESSEE's Agent 2 hours notice
to increase services; and if it is still unsatisfactory, Parks Director may authorize use of
City workers for reimbursement by LESSEE shall be pay.
12. RIGHT OF LESSEE TO USE PUBLIC STREETS. LESSEE 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 and the compliance by
LESSEE with the terms and conditions contained within this Lease Agreement.
13. EMERGENCY VEHICLE LANES. LESSEE 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.
14. SECURITY. LESSEE must provide uniformed Security Officers during the Event,
and after the Event closes each night, until it opens the next day. LESSEE will assign the
Security Officers duties. Security Officer means sworn peace officers directly paid by
LESSEE. 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 costs, §8 LESSEES FINANCIAL OBLIGATIONS, above.
The Police Officers will be assigned duty stations by the Police Chief, or designee.
15. SAFETY HAZARDS. The LESSEE, 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.
16. INSURANCE. LESSEE agrees to comply with attached insurance Exhibit D.
In addition, LESSEE'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 per
occurrence for personal injury, death and property damage. LESSEE 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. LESSEE
Page 8 of 17
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 LESSEE's Events on Premises then Liquor
Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the
entity serving the alcohol. The City must be named as an Additional Insured on all liability
policies. LESSEE 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.
LESSEE must require all volunteers to sign an accident waiver form that LESSEE must
keep on file. The City Attorney will approve the form. In the event of accidents of any
kind, LESSEE 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,
LESSEE 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
LESSEE.
17. INDEMNITY. LESSEE 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 lndemnitees 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 LESSEE
or any of its agents, servants, employees, contractors, vendors, patrons, guests,
licensees, or invitees ("Indemnitors') entering upon City property to set-up and
take-down, hold, attend, or participate in the House of Rock event and associated
activities, with the expressed or implied invitation or permission of LESSEE, or
when any injury or damage is the result, proximate or remote, of the violation by
Indemnitees 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.
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 Indemnitees' actions are directly related to
the Event, but not if the damage or injury results from gross negligence or willful
misconduct of lndemnitees.
LESSEE covenants and agrees that if City is made a party to any litigation against
LESSEE or in any litigation commenced by any party, other than LESSEE relating to
this LESSEE Lease Agreement, LESSEE shall defend City upon receipt of
reasonable notice regarding commencement of the litigation.
Page 9 of 17
18. 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 LESSEE:
Director of Parks and Recreation Entertainment Showcase, Inc.
City of Corpus Christi do House of Rock
P.O. Box 9277 511 Starr Street
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401
(361) 880-3461 (361) 510-9863
FAX (361) 880-3864 (361) 882-7625
19. ASSIGNMENT. LESSEE 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.
20. BREACH, TERMINATION. Any failure on the part of LESSEE to perform any of
the covenants contained in this Lease Agreement, or any breach of any covenant or
condition by LESSEE entitles City to terminate this Lease Agreement without notice or
demand of any kind, notwithstanding any license issued by City and no forbearance by
City of any prior breach by LESSEE is a waiver by or estoppel against City. In case of
termination City is entitled to retain any sums of money theretofore paid by LESSEE and
the sums inure to the benefit of City as a set-off against any debt or liability of LESSEE to
City otherwise accrued by breach hereof.
21. 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 LESSEE by the City are compensation for provision of City services as described
herein and for the right of LESSEE to use public property for the limited purpose described
herein.
22. CITY SERVICES SUBJECT TO APPROPRIATION. The LESSEE 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 September 30 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.
23. COMPLIANCE WITH LAWS. LESSEE must comply with all applicable federal,
state, and local laws and regulations, including without limitation compliance with
Americans with Disabilities Act requirements, all at LESSEE's sole expense and cost.
Page 10 of 17
24. NON-DISCRIMINATION. LESSEE 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.
25. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached
Exhibits constitute the entire Lease Agreement between the City and LESSEE 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 LESSEE'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 2T3 , 2015.
ATTEST: CITY OF CORPUS CHRISTI
31‘.6-1ri?L)
ebecca Huerta na d . Olson
City Secretary City Manager
Approved as to form:
By:
Lisa Aguilar, Assist
ssis nt City Attorney
For the City Attorney
^' ► U v r.
ST COUNCIL.._.�,
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Page 11 of 17
LESSEE: En ainment Showcase Inc.
By: -
Name: y l.4."/
Title: Q,ei,✓, �,�
Date: (D--//7//r
Page 12 of 17
EXHIBIT A
Description of the House of Rock event and related activities
House of Rock 10th year anniversary party will feature live music acts with a stage outside
in a private parking lot and music inside the venue. There will be food vendors outside as
well as beer booths and sponsor tables. It will be a one day, all day event.
Page 13 of 17
EXHIBIT B
Dates of Event: Saturday July 25, 2015
Set up : Friday July 24,2015 4:00 PM
Take down: Sunday July 26, 2015
Page 14 of 17
EXHIBIT C
Depiction of the Premises for the Event— See Attachment
IOUSE OF ROCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015
TEMPORARY STREET CLOSURE REQUEST
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gi S acED At 5'MAX. CASEY LAIN 361-510-9863
Esq STEPHANIE GARCIA 361-774-5098
I 3 TYPE III BARRICADE asu��"ic i i
r"" POUCE DEPARTMENT
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10 REFLECTORIZED DRUMS MP'W o
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TYPICAL"NO PARKING'- G ;. NOTES:
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t 1. BEGIN TRAFFIC CONTROL SET UP AT THE START TIMES PROVIDED
W •
CLOSED
Oft; ON THE TRAFFIC CONTROL PLAN.
a I r,+uo 2.ALL TRAFFIC CONTROL DEVICES SHALL BE IN PLACE BEFORE EVENT -
li 60 pigSET-UP STARTS. AT NO TIME WILL THE EVENT START WITHOUT THE
l r PROTECTION OF TRAITIC CONTROL DEVICES OR THE POLICE OFFICERS.
• y 3. THE EVENT UNITS WILL NOT DEVIATE FROM THE LIMBS SHOWN ON W
t THE TRAFFIC CONTROL PLAN UNLESS DIRECTED BY THE CITY
4. CHAPARRAL ST. b b q TRAFFIC ENGINEER OR POLICE DEPARTMENT. Z 4
t"M. "''.- , .,"_. ,- ,. .�,m.,,,/ 4'-N.-_,.. •,.F..- ••-._.--,---• --..- ' ' R�R " 4. IF YOU SHOULD HAVE ANY QUESTIONS ON THIS EVENT, PLEASE Z
j
! 1iltYclUSE THE CONTACT NUMBERS THAT HAVE BEEN PROVIDED. mo
i.1 66. Op 5. THE ROAD CLOSED SHOWN ON THIS PLAN IS A PEDESTRIAN SAFE p
i 0 1 ZONE. NO MOVING VEHICULAR TRAFFIC WILL BE ALLOWED IN THE a o
ROAD CLOSURE DURING THE EVENT.
6.ANY TRAFFIC CONTROL DEVICES MOVED TO GAIN ACCESS DURING
EVENT SET-UP MUST BE MOVED BACK TO ITS POSITION IMMEDIATELY
AFTER ACCESS IS GAINED. 5 g,YZT I of 1
RECORD MOM NO.
4 _
ICITV PROJECT/
Page 15 of 17
EXHIBIT D
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Lessee must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor
has been obtained.
B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept.
two (2) copies of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies, and a waiver of subrogation is required on all applicable
policies. Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and
Dismemberment
$5,000 for Medical
LIQUOR LIABILITY $1,000,000 Per Occurrence
Page 16 of 17
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be
responsible for insuring all owned, leased
or rented personal property.
C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers' compensation
coverage provided must be in an amount sufficient to assure that all workers' compensation
obligations incurred by the Lessee will be promptly met. An All States Endorsement shall
be required if Lessee is not domiciled in the State of Texas.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence
basis by companies authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City
at the address provided below within 10 days of any change made by the Lessee or as
requested by the City. Lessee shall pay any costs incurred resulting from said changes. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that, with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf
of the named insured performed under contract with the City, with the exception of the
workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
Page 17 of 17
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty(30) calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than ten (10) calendar
days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination
of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Lessee's performance should
there be a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Lessee to stop work hereunder, and/or
withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates
compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Lessee may be held responsible for payments of damages to persons or property resulting
from Lessee's or its subcontractor's performance of the work covered under this contract.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2014 Insurance Requirements
Parks and Recreation Dept.
House of Rock Event
12/29/2014 ds Risk Management