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HomeMy WebLinkAboutC2015-151 - 2/27/2015 - NA 1 BUC DAYS SHORT TERM 2015 LEASE AGREEMENT State of Texas § Know All By These Presents: County of Nueces § Whereas, City Council Ordinance Number 030121 authorizes the City Manager or designee to execute agreements for use of City property by repeat special events; Whereas, City Council has previously authorized agreements for use of City property for the Buc Days events; Now, therefore, this short term Lease Agreement ("Lease Agreement") is entered into 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 ripsianee. 2015-151 2/27/15 Buccaneer Commission INDEXED G/� 2 K. Great Lawn — means the former Memorial Coliseum site. L. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. 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 18, 2015: 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 23, 2015 through Saturday April 25, 2015: 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 23, 2015 through Sunday, May 3, 2015: 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. 3 D. For the Buc Days Junior Parade on Saturday, April 25, 2015: 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. E. For the Buc Days Illuminated Night Parade on Saturday, May 2, 2015: 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 23 through Sunday, April 26, 2015: 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 4 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. 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. 5 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 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. 6 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, 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 Vendor 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. I. Water Events. For any water events, Commission must obtain necessary permits from the United States Coast Guard. J. Additional Permits. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 7 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 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. 8 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 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 9 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. 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. 10 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 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 11 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 ("Indemnitors") 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 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 12 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 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. 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. 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 13 condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, no 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, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on ?C , 2015. 14 CI �o F C ' 'It; ISTI tPL A�w► . Ronald L 6.on City Manager Approved as to form: By: _..AA'L Lisa Aguilar, Assis ant City Attorney For the City Attorney THE BUCCANEER COMMISSION, INC. By: .� Barry Box, Executive Dirt ctor v A�►y McCoy Date: '1 i Z7 /l S 15 EXHIBIT A- PREMISES SA,444-107A b'49:4+5 lor0 1'444 XritzlINI ge,AVM Nivirsi -a-rwvAril al --- ASAV1 ../ I-14W1 „ 1 _. — A -a.- ----*-. -,,i, - •-rrmitkrwa ninA2S ".i. '- % 1 [ $---' -.,.. '.".. ... . -1,r-- . 4*— i xato _____----.....,, —.M m '• ..Al--- ---..•-•,--',''-',--11--- --- : 0 t 11 6 '• , / ,_ . , % ...• • 111 ...--- ---- •-----,--•--- -- • 11711--1\14111t 100 \ \------- 11, \,,,i. j_no ,LAct--1 1,41-01,,Igi. g t 07 idwuci _4 16 EXHIBIT A-1 Parade Route for Junior Parade 1.0- #y Tadilion ,721-7,--!, .a. The 2015 Tu�Ce Ove-r! '$ ; Pirates of all sizes and ages are invited • e( IBC to join the fun at the Buc Days IBC Bank Junior Parade.It's time to heave ho, BANK,vri_�_ ye landlubber,and come have a 3•t I. ,46•1-.;•"',� -• We Do More Swashbuckling Good Time! , • Come and join the 20,000+spectators _ • Junior Parade along the Junior Parade Route to watch these young pirates from daycare centers,youth groups,schools,civic, crday, April 25, 2015 • 11AM y g pr public,and private organizations1. _,-+- if "strut their stuff"in this wonderful `'.5.- children's parade. Parade - eoo- Start c IP SlageiPark:ng n _ A m Lot _ g� N.Shoreline Slvd.. g SA , B;vo s+ i8 one m rr _ oras„e elb Ocean Dr. 4.taw N Seo1eh N ill w S 6 N Water St._� 2 '�^, fCeli • Bay rant Arner,ran — ~ N eh m m H t.'4 Science rBank ()N Water St G d c N.Chaparral$t. rh'� m weter rn �; �e�Or, Park r a mer . — o. 9 A z, St McCaughan Park Corpus $t m N.1Aestryite$t. J C A _ U S.Shoreline Blvd”' Museum N.Chaps . d ¢ *S. y > cif History m tle 51. i vg m o !& s.water st. a illaS &History w Meso" Lower Broadway o ! g ON.Upper Broadway m t 35 LLia W j 55a;/ ili1 ti m G Z 17 EXHIBIT A-2 PARADE ROUTE FOR ILLUMINATED NIGHT PARADE 6-,. The 2015 � � 25 •• L�ndi}ion Smirker ss til, t l P„ Let's Go Places C,a�Ce ver. I _R f - Enjoy the Parade and r,��a0'� I Illuminated Night Parade then head down to enjoy o s PSWA°°= the Doc Days Festival c a,,,,si. 8 Stripes Carnival' PM Aeae°s. o to Saturday, May 2, 2015 •' SPM PARADE NIGHT! $t ? I gg m Yg-Taylor AtO . 46 M..St 3 / �/ ® d 8 5 Sbn S. w {pp}F� F O IwMtlS L I,...y Peoples St Peoples St r-tas - flo56$T. Mesons Sl. i 3 w z A 5. t Mia St g a $Me x Si g O t,w� i Parade starts here, _ w ^s,. �+ across from .5 1 a �°�t Buc Stadium. i d Parade ends wa Aft _ .. :It' here at + gra , Pe Coopers Alley St. •?+' _ f f o 18 EXHIBIT B 2015 Lease Agreement Event Locations, Dates & Summary Mutton Bustin' Mania Scheduled for April 18, 2015 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 17, 2015 through April 19, 2015 Buc Days Festival Scheduled for April 23, 2015 through May 3, 2015 The Great Lawn (Former Memorial Coliseum site); Parking lots north and south of the Great Lawn; and the park south of Kinney Street (Excluding Sherill Park). Exclusive use on: April 20, 2015 through May 6, 2015 Buc Days Pro Rodeo American Bank Center Arena Scheduled for April 23 through April 26, 2015 Commission shall contract directly with third party arena management company for use of American Bank Center Area. Buc Days Rodeo Tail Gate Party Scheduled for April 23 through April 25, 2015 Shoreline Blvd, north of Resaca Street, as described in the Street Closure Plan approved by City Traffic Engineering Department. 19 EXHIBIT C - STREET CLOSURE • k NOTES: cav u rAvrs WET NO. �' I.DEGIN TRAFFIC CONTROL SET UP AT THE START TIMES PROVIDED yP co ON THE AFFIL C0.VFROL PUN. k 2.ALL TRAFFIC CONTROL DEVICES SHALL BE IN PUCE BEFORE EVENT ill STARTS.AT NO TIME WILL THE EVENT START WITHOUT THE PROTECTION /1( m OF TRAFFIC CONTROL DEVICES OR THE POLICE DEPARTMENT, i~"• 3.EVENT ROUTE WILL NOT DEVIATE FROM THE ROUTE SHORN ON n n n n l L l THE TRAFFIC CONTROL PUH UNLESS SPECIFIED NY THE CITY (: _ Q �ii{i.i Z TRAFFIC ENGINEER DR POLICE DEPARTMENT. ����� '�� D C.,_,..., X 4.If YOU SHOW)HAVE ANY S THAT HA ON THIS EVENT.PLEASE s = USE THE CONTACT NUMBERS THAT HAVE BEEN PRONGED. O ® \"� ...1.4..., C3 '/¢ 5.AT THE COST OF THE EVENT ORGANIZERS,POLICE DEPARTMENT i. u. v "S. WILL PROVIDE SUPPORT AT 111E LOCATIONS SHOWN 30 MMlUTES rPEI BEFORE THE TRAFFIC CONTROL SETUP BEGINS AND MHN NI _ �� Z T '.r per' PLACE UNTIL THE LAST PARTICIPANT IS GONE. • Q In 6.BARRICADING COMPANY WILL FIELD ADJUST TRAFFIC CONTROL AND '� \ WAY WRING CO DITION 50 THAT THEY ARE NOT OBSTRUCTED BY "r D,�, EXISTING CONgTgNS. .. '4':"Q DATES & TIMES I a p NO PIRILNIG VERTICAL.PANEL SET UP 5 FRI.APRIL 24,2015 AT 1.00 PTA PARADE CLOSURE SAT.APRIL 25,2015 AT BOO AM 5 1. ..... ,WfFIC CONTROLBREWDOWN \ \I\ \ .t ._ IMMEDIATELY AFTER PARADE w m tl 1 * 11 .,31tYAa. 1� ." 1. i g n a C.3 a o am Ma QTS I N 03 c o _,, „ ce w ii!Az Q..`X t ° � r • / ././/:/ // :-... •• • `°4..._ Lam/' / rm/ . ///// I/ / T� >- m 1 • LEGEND CONTACT NUMBERS QUANTITIES POLICE DEPT. DOE COOROIi1TOR5 200 REFLECTORIZEO TRAFFIC CONES EVENT/PARADE ROUTE AMY MCCOY 361-739-8953 16 TYPE IN BARRICADE NO PARKING POLICE OEPARTF[M 2 RIGHT LANE CLOSED AHED Tr TRAFFIC CONTROL SIGNS LT.ISRAEL SODA 381-461-4481 4 LEFT LANE CLOSED HEAD ®� TYPE IN BARRICADE • 5 ROAD CLOSED MMM VERTICAL PANEL AS CALLED OUT 7 ROAD CLOSED 3 ROAD CLOSEDTO THRU TRAFFIC i 1J L i \ 1 L Z • REFLECTORIZED TRAFFIC CONES 8 DETOUR SKIN AS SHIM * .... 1 50 ND PARKING VERTICAL PMELS \ I p W Q. 5 DOUBLE AR PANELS 5 DOUBLE ARROW WARNING SIGN • �Q J I UNE SHOUT ARROW SIGN AS SHOWN O I HANE DESIGNATION SIGN AS SHOWN 'o""0" p •c a V Z WAY ARCING SIGNS ®11 6 © - / ( F. row. • * immb47.4.17L" ., ' WPM ,..Wady I I. - I9 COHI G 01 1 UM& I �- - - REORO DRAWING NO_ . - I, LIrE P,ROJ«T I CONSUTANTY SHEET Ma BARGE DOCK CI (I)TOT 1 MR=\ 0)INN 1 NNrmv SCALENxrs —II fronce'Llrentt I° °, ' •\sNOREtaHE BLVD! , / swnB Alio Mt AVM 8 — 1I\\ artiiiiiiiel 11111111111111111 a1)mE .wows c.>NTEi.Yesra¢ ` `, ` "*10 M. RO.A ctose, SHORELINE RM. (4)OK 1 MEWS WRC 011e (-1 0-., yy t7]1 d 3 1 $ i 1 AMERICAN N BANK ARENA a ._... 7 a • cl E eegg cii 111 OHI mt 1673 RRrsus — m N.MUTER Sf. U Qo \\ .\ J —L_. i � c z v) O r O W " </k\\\), .... • t,.%, \4 ) O vI-UtiOm W TAILGATE EVENT SITE TRAFFIC CONTROL PLAN LEGEND QUANTITIES NOTES: TRAFFIC CONTROL SIGN 18 TYPE 1 BARRICADE >i TYPE I BARRICADE 1 LEFT LANE CLOSED SIGN 1. BEGIN TRAFFIC CONTROL SET UP AT THE START TIMES PROVIDED § JO ON THE TRAFFIC CONTROL PLAN. VERTICAL PANEL — AS CALLED OUT 60 REFLECTORIZED TRAFFIC CONES U 3 ROAD CLOSED AHEAD 2. ALL TRAFFIC CONTROL DEVICES SHALL BE IN PLACE BEFORE EVENT m SETUP STARTS. AT NO TIME WILL THE EVENT SETUP START WITHOUT 4 ROAD CLOSED SIGNU THE PROTECTION OF TRAFFIC CONTROL DEVICES OR THE POLICE 10 DOUBLE ARROW DIRECTIONAL PANEL DEPARTMENT. 5 1 DETOUR AS SHOWN 3. EVENT LOCATION WILL NOT DEVIATE FROM THE LOCATION SHOWN ON N a LUTES & TIMES CONTACT NUMBERS THE TRAFFIC CONTROL PLAN UNLESS SPECIFIED BY THE CITY TRAFFIC ENGINEER OR POLICE DEPARTMENT. c EVENT TRAFFIC CONTROL SET—UP EVENT COORDINATOR 4. IF YOU SHOULD HAVE ANY QUESTIONS ON THIS EVENT, PLEASE MON. APRIL 20, 2015 AT 5:00 PM AMY MCCOY 361-739-8953 USE THE CONTACT NUMBERS THAT HAVE BEEN PROVIDED. BRANDON HERRIDGE 361-438-0839 5. BARRICADING COMPANY WILL FIELD ADJUST TRAFFIC CONTROL AND EVENT TRAFFIC CONTROL BREAK DOWNa s>ET 1 d 1 MON. APRIL 27, 2015 AT 5:00 PM POLICE DEPARTMENT WAY FINDING SIGNS SO THAT THEY ARE NOT OBSTRUCTED BY REnaw ORAI*A NO LT. ISRAEL SOZA 361-461-4481 EXISTING CONDITIONS. 4 _ CITY PROJECT, ,z...F r . !z® .i.'i . 5 33 Ova' :z® m MATCHLINE-A q,gR'!g o 04 . I .1: GI 0 i lil P° -A a I . T ` h 1 — rj'i1/ i t. 3 ,,, 3 1ip2 1 i ' enjlLpl ' ' I &EY 4"s6 9 iiE I PA rwrr. )\ awn Mfg F 4112 `_ ZItU 1 I rh- IRi M 3 IR. al 0 i! i i E li ', „. 1 , �w n cnr i iik 41 s ec1 \ i 1 --••IINSIP �� t� -- TMgC � i- n B U' g. MATCHLINE-A I avrsnn R0. EWE A OFSCRI ION NEVI$XM1 NO. DATE S. DES_RIP.FOR $' i2015 BUC DAYS PARADE I CITY of CORPUS CHRISTI DATE: TEXAS 0--v:.S.nN. I RCRz s xE: .0m, $ TRAFFIC CONTROL PLAN NUM P I Street Operations Deportment ,ons l OCOT u1E P.TE' Traffic Engineering Off:ce RcnsonTO I DATE Im tr lila, ‘, 1 T ril - 111111111 to II 3 xe I filaillgo C) Cs') ) i , Z 1 L m is OD 1 3i • * i� , 1 PA 6 Jii 3 1�1 ..,,„ .. a �. p I o me 1Ai A 3 , 1! t li i iI 11 --11 prr 4; g . mummi....._. - 7 ot-.0e2110t411:15,3106.31, NA. ;—''' MM. FategSitsii MATCHLINE–C ar�a«o. art ay ocsca�PTON aer a� are a DESCRIPTION — 3 2015 BUC DAYS PARADE I P0‘) CITY of CORPUS CHRISTI DATE. TEXAS Des..:RDzrxmiSS It acase: a Hi Q TRAFFIC CONTROL PLAN treat Operations Deportment w.am enc w scut. amm Traffic Engineering Office .s.5er.to 1 ata 1er MATCH LINE-C '�r�►i'�•i�b�0•'►ii► \°.00 --i•y�•iii i0 i :':.- 1 .x.k,44.44s:V:ii:::..:! i ij-----' 11 t ati:::§:i ► .00.0••••0►i \ v." *it 4'6 q :44. "leo.. Ns14 '''.- -\ V• '-'- N, 3 \ )--- \ '-' ;f r z i 01g)g iz in Vii.: = , , z® II — '\C aVF rnvana NO.I are ay DUMP,. Basun nc. mre a I oEscnwria+ 7 r 2015 I. § ' BUC DAYS PARADE 0 ,k g V0 LCORPUS 1 ' CITY of CHRISTI DATE . TEXAS Ipz.sc,uc: noreo TRAFFIC CONTROL PLAN Street Operations Department DRAM p- .Etn. ?ro'fc Engineering Ot/ce aEY.S w,no I wre �en CINISIN.iANi Sift CI M1U ' 1•;/ Gi./A i -� OV O N �� . t IOC ITW M r ® 104' O ® N LLFA1 MFlO{E ST. gi 111,16M1,PeA SCALE:N.T.S. SCALE:N.T.S. • ; 1 '✓ , N • • 8 P' SCALE.N.T.S. g e n•wrAVE. O a ITT I g (3)Tiff i MM.. ( MARTIN LUTHER KING DR. / N. PORT AVE. TRAFFIC CONTROL DETAIL a '��idi N„V[°, G s `� I ® k A � -` v// q[E WAIFS _ s I g "2: nY I mums 11 r--- liR 1EUPApp,-E - • O • Mirm` IT /• TYPICAL ROAD CLOSED AHEAD APPROACH ? _ BE r iiiii —�'�� — [ten TRAFFIC�CONNROL RT ADETAIL CC g 23 V o 0 •E 1 1 f SPAN Si/N.STAPLES ST' a aai —�� LIPAN ST./N.CAAANf.NRA ST. fn c / •C> qulo ANTELOPE ST./N.TANCAIRO ST. [n O)m[i WPM ANTELOPE ST./N.UPPER BROADWAY 4 E Q y p ,I LEOPARD ST. N. BROWNLEE \ [�o W.2.g, " "�� TRAFFIC CONTROL DETAIL U v w LEOPARD SL / NUECES BAY BLVD, TRAFFIC CONTROL DETAIL7 o o.o U ›._ L. U w NW CROSSTOWN EXPRESSWAY I 1 0088 METOL N LEOgIRD EXIT SIGN SCALE:N.T.S. NOTES: ' MOM nT•q+Wq - ... - CROSSTOWN EXMWssYMY 1.BEGIN TRAFFIC CONTROL SET UP AT THE START PUNT AND WORK IN THE DIRECTOR ® �• • - `+ • • _EE_apµq—n • • OF THE EVENT ROUTE. 'MO[C1pWQ[0 fVAWLs 2.EVENT ROUTES ML NOT DEBATE FROM THE ROUTE SHOWN ON THE PLANS UNLESS TT so'LYRA. LT mf IVAWCB[s� ` SPECIFIED NT'THE ENGINEER OR POLIOE DEPARTMENT, LEOPARD IMO TAAIRT OOMISnRNE 3.ALL TRAFFIC CONTROL DEVICES SHALL BE IN PLACE BEFORE THE START TIME OF THE Z ITARUKI LEPER CLOSED EVENT.AT NO TIME WILL THE EVENT STMT WITHOUT THE IT PROTECTION OF TRAFFIC EgPECT =WM MO ill [$2I�� CONTROL DEVICES OR THE PROTECTOR OF THE POLICE DEPARTMENT. Q d OEM. LEGEND \(3)TYPE I D•, 4.AL TRAFFIC CONTROL DEVICES MUST BE RISIBLE TO TRAFFIC t TOM TO THE J LATEST MUTCD.THE SIGNS AND MARKINGS DEPARTMENT IS REQUIRED FOLLOW Q 0 POLICE DEPT. THE TRAFFIC CONTROL PLAN AS SHOWN.IF THE DEPARTMENT DOES NOT POSSESS E * ALL THE REQUIRED TRAFFIC CONTROL DEVICES THEN THE DEPARTMENT WAIL NEED EVENT/PARADE ROUTE LEOPARD ST. EXIT CLOSURE AT N.B. CROSSTOWN NO PARKING CHANGES THE NECESSARY TRAFFIC CONTROL DEVICES FROM M OUTSIDE SOURCE.ANY y� O „inO TRAFFIC CONTROL SIGNS CINNGES i0 THE TCP OUST BE APPROVED BY THE ENGINEER. S N Q U TYPE I BARRICADE 5.POLICE DEPARTMENT Will PROVIDE SUPPORT AT THE LOCATIONS SHOWN 30 MINUTES 0 • NO PARKING VERT.PANEL BEFORE THE START OF THE EVENT AND HAL REMAIN IN PUCE UNTIL CONGESTEDU U • REFLECTORIZED CONES TRAFFIC SUBSIDES. l R.POLICE DEPARTMENT WEL ALSO PROVIDE SUPPORT TO SIGNS AND MORNINGS DEPT. CO Q LAN CC DATES & TIMES CONTACT NUMBERS TRAFFIC CONTROL DEVICE QUANTITIES COOOORDIINATNG IN OF THEµDMES ANND PLACE WILL BE THE HANDLED BY AL DAME OF ED TRAFFIC CONTROL THE NO PARKING BY ORDER OF POLICE SIGNS II PLCACE EVENT COORDINATORS it ROAD CLOSED AHEAD 12 RIGHT LANE MUST TURN RIGHT SIGNS AND MARKINGS DEPARTMENT SAT MAY 02.2015 5.00 AM AMY MCCOY 361-739-8953 4 LEFT LANE CLOSED MEM 1 LEFT LANE MUST TURN LEFT 7.If YOU SHOULD HAVE MY QUESTIONS ON THIS EVENT,PLEASE USE THE CONTACT PARADE STAGING AREA TRAFFIC COLRROL IN PULE MANN MORA 361-728-7852 2 RIGHT LANE CLOSED MEAD 100 NO MONO BY ORDER O POLICE'CHID STOCK SON NUMBERS THAT HAVE BEEN PROVIDED. A SAT MAY 02,2015-I:00 PM POLICE DEPARTMENT 48 ROAD CLOSED 300 REFLECTORVED CONES CONES CROSSYOYIR EXPRESSWAY LEOPARD ST.EAT YSOSLAE Ll.ISRAEL 507A 361-461-4481 1 ROAD CLOSED TO THRU TRAFFIC 10 REFLECTORIZFO BARRELS B.THIS TRAFFIC CONTROL PLAN WILL COINCIDE WITH THE CANNA./EVENT TRAFFIC SAT.MAY 02,0015-•300 PM SIGNS AND LMRKINOS 3 RAMP CLOSED AHEAD 119 TYPE I BARRICADES CONTROL PLAN,WITH THE EXCEPTION OF THE PARKING WAY FINDING SIGNS AT mumCONTROL BREAK DOWN AL DAVILA 361-815-7069 5 DETOUR(MI-PO2)—4 31 TYPE III BARRICADES NINNEY ST.,ALL CANNA/EVENT TRAFFIC CONTROL PLAN QUAL REMAIN IN PLACE IMMEDIATELY AFTER THE EVENT 6 DETOUR(M4-IO)E--- 1 ONE WAY SIGN(RT) OUFBNG THE PARADE EVENT L',' SHFFZ 04 Al 04 MESSAGE BOARD . - R,CORO TURBOT NO. CITY PROJEC? ® DONSOLTANPS WIT NO. N _ SCOL RTS iJ .' o A { QDSED STREET -. - -. I CLOSED __.T / l (KEf]STREET )___ ART CENTER D o.n rwmru _____..)1 C leu. we.l �, SNOREODIE BLVD. CLOSED n.133.7713.44s ALM sr.r Ivo. H AIL ROM aoxo CLOSED 1C1EPr % ® T* Fr _ SHORELINE BLVD. I 0/Is l TUTET1 .10 (»meT UNE BLVD. * I lortm_ ^a^CLOSED Romeo ECM 19 III/NNW vNns'I r0 (»inwavc...s/mCii.` NI '3)11E]wr D)mEa WAR.. ]o�m i WATER ST. P-- WATER ST.F' l 1 \ C S �_ C \ \� \ ( .4 U o o0 n c EVENT SITE TRAFFIC CONTROL PLAN a �a v I U ti o0) mw a o O O - 1- i0 ', LEGEND QUANTITIES NOTES: v * POLICE OFFICER 22 TYPE 3 BARRICADE 1. BEGIN TRAFFIC CONTROL SET UP AT THE START TIMES PROVIDED TRAFFIC CONTROL SIGN 4 ROAD CLOSED AHEAD SIGN ON THE TRAFFIC CONTROL PLAN. H TYPE 3 BARRICADE 2 ROAD CLOSED TO THRU TRAFFIC SIGN VERTICAL PANEL - AS CALLED OUT 6 ROAD CLOSED SIGN 2.ALL TRAFFIC CONTROL DEVICES SHALL BE IN PLACE BEFORE EVENT 2 DOUBLE ARROW SIGN WI-7 SETUP STARTS. AT NO TIME WILL THE EVENT SETUP START WITHOUT THE PROTECTION OF TRAFFIC CONTROL DEVICES OR THE POLICE a DATES & TIMES 2 U-TURN SIGN DEPARTMENT. 2 20 NO PARKING PANELS EVENT TRAFFIC CONTROL SET-UP 3. EVENT LOCATION WILL NOT DEVIATE FROM THE LOCATION SHOWN ON t QO J 4 EVENT PARKING SIGN AS SHOWN THE TRAFFIC CONTROL PLAN UNLESS SPECIFIED BY THE CITY MONDAY, APRIL 20, 2015 - 8:00AM U p EVENT TRAFFIC CONTROL BREAK DOWN TRAFFIC ENGINEER OR POLICE DEPARTMENT. 0m U WEDNESDAY, MAY 6, 2015 - 3:O0pm 4. IF YOU SHOULD HAVE ANY QUESTIONS ON THIS EVENT, PLEASE USE THE CONTACT NUMBERS THAT HAVE BEEN PROVIDED. CONTACT NUMBERS 5. BARRICADING COMPANY WILL FIELD ADJUST TRAFFIC CONTROL AND N WAY FINDING SIGNS SO THAT THEY ARE NOT OBSTRUCTED BY -u EVENT COORDINATOR EXISTING CONDITIONS. '� AMY MCCOY 361-739-8953 MARK AVELAR 361-739-6367 POUCE DEPARTMENT LT. ISRAEL SOZA 361-461-4481 3 SHEET T of 1 RECORD 0011110 NO. CRY PROJECT I 20 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 21 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38-6. - Permit application, information required, and criminal background check. (a) 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 full name, phone number, current residence and place of residence for the five (5) years previous to the date of said application 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 22 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 subsection 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. (11)Each applicant shall provide proof of identification through submission of a valid driver's license or other valid, official government photo identification. (b) (1) The applicant must provide all information and any state or federal forms that are required to obtain a criminal history report for the applicant. In addition to the permit fee, the applicant will be responsible to cover any fees imposed by state or federal agencies for the report. (2) An applicant and any individuals who will engage in the business operations in the city may be denied, revoked, suspended, or denied for renewal if the applicant has been convicted of any felony, or of any offense involving moral turpitude. (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 030237, § 2, 7-29-2014) 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. (a) 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) Vendors shall be permitted to operate on the Bayfront Seawall sidewalk, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article. (1) The maximum size of vending units shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four(4)feet in width. (2) Vendors shall confine their vending units and activities on the seawall sidewalk to the area immediately adjacent to the waterside seawall curb (the side of the unit nearest such curb shall be kept within two (2)feet of such curb). Vending is prohibited on or from streets, the bayfront landmasses and connecting sidewalks, the seawall steps, the barge dock and parking areas. (3) Mobile vending units shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. (4) No type of vendor service vehicle shall be parked along Shoreline Boulevard next to the seawall except for the time necessary to load or unload inventory or a vending unit. (5) Vending is prohibited within seventy-five (75) feet of another vendor; within three hundred (300) feet of any permanent contractual concession; within twenty-five (25) feet of any 23 street intersection; within three hundred (300) feet of the designated grounds of an authorized community festival event, and within fifty (50)feet of any building entrance. (6) No vendor shall cause any obstruction to the smooth flow of pedestrian or vehicular traffic and vendors shall yield the right-of-way to other traffic of any type. (7) Rental of motorized transport for use on the Bayfront Seawall sidewalk is prohibited. (8) Motorized vending units are prohibited. (9) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. Distribution of commercial handbills, circulars or other advertising paraphernalia is prohibited. (10)No vendor shall vend to persons in vehicles. (c) 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 (b) of this section. c. Parade vendor permits shall be issued for the period specified in this section only and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors in section 38-9 of this article. 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) 24 2015 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 2015 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 2015 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