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HomeMy WebLinkAboutC2016-017 - 2/9/2016 - Approved 1 BUC DAYS LEASE AGREEMENT State of Texas § Know All By These Presents: County of Nueces § Whereas, City Council has previously authorized agreements for use of City property for the Buc Days events; Now, therefore, this 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 designee. K. Great Lawn — means the former Memorial Coliseum site. 2016-017 2/09/16 Ord. 030755 Buccaneer Commission Inc. INDEXED 2 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 Operations 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 Events in calendar years 2016 through 2020 for the periods identified on Exhibit B. The City Manager may authorize revisions or amendments 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, contingent upon final design and construction of Bayshore Park along Shoreline Blvd.: A. For Mutton Bustin' Mania: 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: Shoreline Boulevard, north of Resaca Street including the Barge Dock, as described in draft preliminary Street Closure Plan approved by City Traffic Engineering Department (Exhibit C). C. For the Buc Days Festival: The Great Lawn (the grass area at the former Memorial Coliseum site); Parking Lots north and south of the Great Lawn; roadway east of the Great Lawn and the Park south of Kinney Street, as described in draft preliminary Street Closure Plan by City Traffic Engineering Department (Exhibit C). 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: Shoreline Blvd., as described in attached Exhibit. Street Closure and Parade Permits must be obtained, as required in § 9 GENERAL PERMITS, below. E. For the Buc Days Illuminated Night Parade: Leopard Street, as described in the attached Exhibit. Street Closure and Parade Permits must be obtained, as required in § 9 GENERAL PERMITS, below. F. For the Corpus Christi Rodeo: Commission is responsible to obtain a separate agreement with the City's General Manager of the American Bank Center Arena. 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 may impact and change the Premises (Exhibit A) and other parts of this lease. If change to Exhibit A is required due to construction, a 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 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, 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 the Premises need to be revised by the Parks Director and Commission. If revised, new Exhibit A will follow process in §4 PREMISES REVISIONS. Commission's Agent may request additional meetings. 7. ADMISSION FEE. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 8. COMMISSION'S FINANCIAL OBLIGATIONS. A. Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee, Health PermitNendor Fees, Development Services Permit Fees, Animal Permit Fee, Traffic Engineering Street Closure Permit 4 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 each year for annual total annual cost of $37,500.00. City cost is estimated at $82,589. Beginning with the event in calendar year 2019, the annual total cost shall increase to $40,000. 1) Stormwater: Cleaning inlets day after Illuminated Night Parade; not to exceed $1,500.00 [City cost in 2014 was $1,514.] 2) Solid Waste: Street cleanup before and after Illuminated Night Parade; not to exceed $3,500.00. [City cost estimated at $12,379.]. 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 $4,000.00. [City cost estimated at $5,000.] 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 $4,500.00. City actual cost was $17,500. 5) Police: Overtime for Carnival Event; not to exceed $23,000.00. [City actual cost is estimated at $43,310.] 6) Fire/EOC: Illuminated Night Parade: $ 1,000.00. [City actual cost was $2,885.] The Parks Director will invoice the Commission for$37,500 within thirty(30) calendar days after the Event. Beginning in calendar year 2019, the invoice will increase to $40,000. 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 amount and 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 5 logo will be placed on the sponsor section of the website, the Festival section and the Parade section. Four (4) banners will be placed on the fence of the Festival site for its duration, to be provided by the City. The Police Department will be provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City work force. E. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for 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. Buc Commission will coordinate a walk through with the Parks Director designee to take place day following closure of the carnival event. 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 and pay for necessary permits from City Departments, including but not limited as outlined below. 6 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 Operations 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. The temporary street closure permit is part of the Special Event Permit application process. 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. The parade permit is part of the Special Event Permit application process E.Animal Permit. Commission must obtain an Animal Permit from Animal Control for the Rodeo, as specified in City Code of Ordinances. F. Vendor Permit. Commission must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) G. Alcohol and Food 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 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 §18 INSURANCE. Said Certificate of 7 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. 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. All signage on City property outside of the Premises must be pre-approved by the Director of Parks and Recreation. On all advertising for the Event, Lessee shall recognize the City as a major contributor 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 immediately after the close of the Event. However, Commission must remove screens (along with any trash that has 8 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. 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 at the end of the use period established each year. 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 or removable sidewalk decals 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 Buccaneer Commission Parade Vendor Permits to permit vending on the public sidewalks, by vendors pre-permitted by the City, 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 Buccaneer Commission 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. 9 B. Parade Vendor Fees. Commission shall have the authority determine permit fees for its Buccaneer Commission_parade vendor permits which fee shall be one hundred dollars ($100.00) for each vendor and/or vending unit, unless the Buccaneer Commission establishes a higher fee. C. Prohibited Items. Commission shall further ensure that no Parade Vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. No alcoholic beverages may be sold by a Parade Vendor. D. 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. E. 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 Operations Director, Parks Director, Director of Property and Facilities Management Department, 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. 10 A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to 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 groups to rent space in the parade viewing area to the general public. Commission shall retain these fees. C. Commission shall require the 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 cleanup 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 cleanup crew during and after the Event. If the Parks Director determines that additional cleanup 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. Littering violations shall be enforceable by authorized City employees under applicable City ordinances. 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. During Event hours, the Commission agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD-designated liaison. Costs for the CCPD officers are covered in §8 COMMISSIONS FINANCIAL OBLIGATIONS, above.. However, the full costs for the liaison are to be invoiced separately to the Commission. Commission may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. Commission will assign the security 11 officers duties. 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, Street Operations Director, or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. The Commission will provide safety consultant to coordinate safety issues with the City. 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 final form. A sample volunteer waiver form is attached as Exhibit D. 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 12 caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct 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 proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. It is intended that the Commission will indemnify Indemnitees for Indemnitors proportionate fault, including, but not limited to, negligence, which causes such damages or injury, 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 injury or damage defined in this indemnity provision of this Agreement, Commission shall defend City upon receipt of immediate and diligent 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 13 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 condition by Commission 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 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 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. 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 14 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 X-bQLL(t4Q{/', /O , 2016. V CITY OF CORPUS CHRISTI fklitia k 61- ock.t.1 Al .L.J22 COI REBECCA HUERTA -a-drRonald L. Olson CITY SECRETARY City Manager Approved as to form: I/11/<)o L (0J (0-6 )-1`55 By: V�4 0, CONCH. Lisa Aguilar, Assista t ity Attorney For the City Attorney THE BU NEER COMMISSION, INC. By: Johnnyilipey o, esident/C ief Executive Officer Date: 1 ( 11/ft. 15 EXHIBIT A— PREMISES To be inserted SAFI?' • ,. �e+nce I +.vex, f5T I VA L L-A ( OUT tam:* tvprz - y ► 0 m< 00 o> /® )¥/ )V)¥ ) 2 71 \\ o ) REISON DAV ocsatrnoli G, -2orgBCDAYS FESTIVAL AND CARNIVAL CONTROL R CITY of CORPUS CHRISTI TEXAS Street Operations ow_t Traffic E. Office CITY RAMC DIGNElli 11.0.11, Hon ,CALE 000 [ems NOM 0450, ._ 1,01 G TAIL erg why 0 ur. (DRAFT) Mwtivm Ailawta - Ari 12, sou, IF, 16 EXHIBIT A-1 Parade Route for Junior Parade '<The 21.115 ' triiBCC ,, We Do BANK. More Junior Parade Saturday. April z5.2015 • 1111M Baytronl Science Park Corpus Christi Museum of Science & History 35 America Bank Center N Port Ave. Parade Start -Stage/Parking Lot N. Shoreline Blvd...STAGING AREA n u N. Water St.VL 2 N. Chaparral St. UN N N � rA N a Mesquite St Sro,ettne Blvd. U) o C . r2 ~ J 1-.e Tudiion Take Ove` Pirates of all sizes and ages are invited to join the fun at the Buc Days IBC Bank Junior Parade. It's time to heave ho, ye landlubber, and come have a Swashbuckling Good Time! Come and join the 20,000+ spectators along the Junior Parade Route to watch these young pirates from daycare centers, youth groups, schools, civic, public, and private organizations "strut their stuff" in this wonderful children's parade. N. Water St. 65 T N Sr.w 2 N. Chaparral St, n 0 N. Mesquite St. Lower Broadway 0) c m Ocean Dr, s. shore,' n8 Blvd Ocean Dr. 05. Wale Sr .c Q E r m Ci Vo° 0 N. Upper Broadway rn m m 5 O Ocean Dr. McCaughan Park S, Shoreline Blvd' o ai S. Water St. Q 0 0. Parade ends here at Park Ave. tl 17 EXHIBIT A-2 PARADE ROUTE FOR ILLUMINATED NIGHT PARADE the X515 Let's Go Places Illuminated Night Parade Saturday, May 2, 2015 •BPM dV ddy ,o ,. Antelope St. y m 3 a ai a ac -_.ew«.1.1p0sa'aGr....__ .alMawes 2 oa Rose St. Mestina $1. Llpen SI. Parade starts here, across from Buc Stadium. ° as a m Leopard St 2 Mestina SI. �l m N Enjoy the Parade and then head down to enjoy the Buc Days Festival & Stripes Carnival! OPEN LATE PARADE NIGHT! ALeoperd tat. M ` tz 'A' co st DO Mestina SI. 3 fA > > N 3 0, N Antelope St. Leonard& z F2 g g � N y _ r 95 Cndeti Museum Barenl I Science Sc cote 8 History Park 11u6es St. American Bank Cen :r o ftesaca St. = Fitzgerald Stm pato Alto BS 1815 Mann St.©• m se St N portal St O 8 Belden St Twigg Sl. z 0 z yr Peoples St. Taylor St. Starr St. I z WIIi O C 4m Sr Caw -en,„ 51 Peoples St. T -Head Coo :dlvy o m m MCCaupban Para Fur.nan Ave. Parade ends here at Coopers Alley St. 18 EXHIBIT B Event Locations, Dates & Summary One Day Mutton Bustin' Mania Event Parking Lot, north of the Great Lawn (former Memorial Coliseum site), at Shoreline & Kinney and the Park south of Kinney Street (Excluding Sherrill Park) Date: 2016: April 2, 2016 Tentative Date for 2017 —April 8 or April 22 Tentative Date for 2018—April 14 Tentative Date for 2019: April 13 Tentative Date for 2020: April 4 or April 18 Buc Days Festival 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). Setup to occur approximately 5 days prior to festival opening. Tear down to be completed no later than 5 days after festival closing. Dates: Apr 21 to May 1 2016; Apr 27 to May 7, 2017; Apr 26 to May 6, 2018; Apr 25 to May 5, 2019; and Apr 23 to May 3, 2020 Rodeo Corpus Christi American Bank Center Arena Commission shall contract directly with third party arena management company for use of American Bank Center Area. Dates: Apr 14 to Apr 17, 2016; Apr 27 to Apr 30, 2017; Apr 26 to Apr 29, 2018; Apr 25 to Apr 28, 2019; Apr 23 to Apr 26, 2020 Rodeo Corpus Christi Tail Gate Party Shoreline Blvd, north of Resaca Street, as described in the Street Closure Plan approved by City Traffic Engineering Department including the Barge Dock. The City staff and Buccaneer Commission will each work with Art Museum to ensure there is limited interruption to Art Museum visitors. Dates: same dates as the rodeo events Buc Days Jr. Parade Dates April 23 2016; April 29 2017; April 28 2018; April 27, 2019; April 25, 2020. Buc Days Night Parade Dates April 30 2016; May 6, 2017; May 5, 2018; May 4, 2019; May 2, 2020. 19 EXHIBIT C - STREET CLOSURE " f. A _ 2 i A • if IR7—r-----.1 ir i I I I _J L_____-______1_ ,.,-•,- a 1 J I . ik. I . II __------- .- \ \! . ,..--g... • : t \\ gE n r------- __ g., Rig I., $ \ \ \\\\ \ ( k ......00e3 ---,<-1-- ---..--.--'—''--, 3 r re -1 t .4, r7j, 1.7- i --., tom Tolt (2) ^Of e. hmeoro . -(,), .._.....___2_____________L_L_____ L___:c..0) it -I r..-_____,-7...--,____-------, „-----.. ----------' g. 14P.. tl .....' 1 1..---1-/5g6-1' , , 1 Vil. 1 • , . '-..,'" . ' I t r (Th o‘AG 5 1 . 1_ . 1 i v.,.:N NO DM MS:AMON A^ DESCRIVII cl V ? c) .-I24÷54 2 bi C. c4-I4€ BUC DAYS CARNIVAL EI/ENT . o -P --.. CITY of CORPUS CHRISTI DATE.• TEXAS ‘,...,..,.q. MU. SCALE! NOTED , 0 TRAFFIC CONTROL PLAN DRAWN 5.09, -.e.p)., Capital Programs Department c,p,,,,, VERT. SCALE: HOED Traffic Engineering Office (0050 NO I DATE Eft 20,5 we JAYS PARADE con,a. /AAN 111:41.1sS CHRISTI 4.0 CCM"! 1 I I ! I! '2 Eesw;m01‘ c)tr 0 CORPUS CHRISTI TEXAS TRSPC COVIFOL FUN 2015 JC DOI 5141f.405 TRAFFIC CONTROL MAN MINN V W of caRFUS COMSTI '" TEXAS Meg NnTeros.nr, If iff, s= , .., - !z4 -: ......_ _, ji kIN p , , 04 11 jr ____, il, ... ,......i : ...„..i. i qi ...,„j- --„,,,, ''-'... _ , . _ _ f__ MIL • 2, 1 1 --.-. AMTCHIJNE—A I 1 . , ...I I * ........ , II ! i k s a 2 2015 BCC NYS PARADE on, 0 CORNS cmetsrl ircerk .4.... ....." IRAFFK CONTROL PAN ..........- = ..... . 45,V, ... 2015 JC DOI 5141f.405 TRAFFIC CONTROL MAN MINN V W of caRFUS COMSTI '" TEXAS Meg NnTeros.nr, r MATCHLINE-B MATCHLINE-8 DATE OESCRPTION 25" 2O% b dv-{- JR BUC PARADE TRAFFIC CONTROL PLAN N[vm No. slrAl CITY of CORPUS CHRISTI TEXAS Capita! Progroms Deportment Traffic Engineering Division uncIOPnoN DATE: amok e.ma. DOR OC' a C NONZ SCALE NOTE NUT WOE: NOTED ponies MO. I TAKE IST 20 EXHIBIT D SAMPLE VOLUNTEER WAIVER FORM VOLUNTEER RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT By signing this document you are waiving any protection under Section 39.14 and Section 39.323 of the City of Corpus Christi Texas Code of Ordinance and any other similar ordinances. By signing this document I agree to waive any rights to sue the City of Corpus Christi, its officers, officials, employees, representative, and agents (collectively, the "City"), for any damages or claims arising out of volunteer participation. I am aware that participating in the volunteer program may involve dangers and risks of serious injury and/or death and/or property damage. I freely accept and fully assume all such danger and risks. In consideration of being allowed to participate in the volunteer program I further agree as follows: 1. To waive any and all claims I may have against the City arising out of volunteer participation: 2. To release the City from any and all liability from any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation in the volunteer programs due to any cause whatsoever, including any negligence of the City or otherwise; 3. To hold harmless and indemnify the City from any and all liability for any property damage or personal injury to any third-party, resulting from my participation in the volunteer program; 4. This release of Liability and Hold Harmless Agreement shall be effective and binding on my heirs, next of kin, executors, administrators, and assigns in the event of participant's death. I have read and understand this Release of Liability and Hold Harmless Agreement prior to signing it, and am aware that by signing this Release of Liability and Hold Harmless Agreement I am waiving certain legal rights which I or my heirs, executors, administrators and assign may have against the City. If volunteer is under 18 years of age, the Parent or Guardian must sign below along with the volunteer. As the Parent or Guardian of a volunteer I agree to execute this Release of Liability • and Hold Harmless Agreement on behalf of volunteer. I acknowledge the risks and dangers associated with the volunteer program and I voluntarily accept and assume liability and the possibility of injury, damage, death, or loss resulting there on behalf of the Volunteer. I waive any and all claims and agree to release, hold harmless, and indemnify the City of Corpus Christi, and its officer, officials, employees, representatives, and agents on behalf of the volunteer. Volunteer's Name (Printed) Date of Birth Volunteer's Signature & Date Parent/Guardian Signature & Date Volunteer's Address Department Name& Contact Emergency Contact Name&Phone: ORIGINAL TO BE MAINTAINED BY ASSIGNED DEPARTMENT HR 37.0 Volunteers Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-10677 Buccaneer Commission Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/09/2016 being filed. Corpus Christi,Texas Date-Ack owledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 111 Buc Days Festival-Use of land and City Services 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party, 6 A- '• 'it MARIA CROW I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. faif, Notary Public My STATE OF TEXAS Comm.Exp.12/16/2016 . IDN 120471636 Signatur f authorized a .nt of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said (rv�,k t C Cdr _ ._ .________—,this the leday of c£' 20 I UJ ,to certify which,witness my hand and seal of office. • Signature of officer administering oath Printed name of officer administering oath Title of offic_r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944