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HomeMy WebLinkAbout08841 ORD - 04/17/1968JKH:4-17 -68 0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH MRS. J. M. CASARES FOR CONCESSION RIGHTS FOR A THREE -YEAR PERIOD, BEGINNING ON THE DATE OF EXECUTION OF THE SAID CONTRACT AND ENDING OCTOBER 31, 1971, AT SOUTH BEACH, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH MRS. J. M. CASARES, GRANTING THE RIGHTS OF CONCESSION AT SOUTH BEACH, SAID CONCESSION RIGHTS BEGINNING ON THE DATE OF EXECUTION OF SAID CONTRACT, AND EXPIRING OCTOBER 31, 1971, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED IN SECTION I HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /Z DAY OF APRIL, 1968. ATTEST: A� i CITf SECRE A Y Y APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS CITY ATTORNEY Of ' y8411 • : , 0 THE STATE OF TEXAS 0 KNOI4 ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 0 THIS CONTRACT, MADE AND ENTERED INTO ON THIS THE DAY OF , 1968, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS THE "CITY "I AND MRS. J. M. CASARES, OF NUECES COUNTY TEXAS, HEREINAFTER CALLED "SECOND PARTY ": WITNESSETH: THE CITY HEREBY GRANTS UNTO SECOND PARTY THE RIGHTS OF CONCESSION, AS HEREINAFTER DEFINED, AT THE LOCATION AS HEREINAFTER SET OUTS SUBJECT TO THE TERMS CONDITIONS AND COVENANTS AS FOLLOWS, TO -WIT: I THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE FOR A PERIOD BEGINNING ON THE DATE OF EXECUTION OF THIS CONTRACT AND TERMINATING UNLESS OTHERWISE TERMINATED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON OCTOBER 31, 1971. II THE SECOND PARTY OBLIGATES HERSELF TO FURNISH CONCESSION SERVICES OF THE TYPE PERMITTED HEREBY TO THE PUBLIC AND SHALL BE RESPONSIBLE TO THE CITY FOR THE FOLLOWING: (A) COMPLIANCE WITH ALL CITY HEALTH REGULATIONS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI AS THEY AFFECT THE CONCESSION OPERATION. (B) WORKMAN'S COMPENSATION INSURANCE AND APPROVED PUBLIC LIABILITY INCLUDING POISONING OR ILLNESS FROM FOOD OR DRINK IN THE AMOUNT OF $10/20,000 AND $5/25,000 PROPERTY DAMAGE AND INDEMNIFICATION OF THE CITY AGAINST ALL CLAIMS RESULTING FROM THE OPERATION OF THE CONCESSIONAIRES HIS AGENTSS SERVANTS AND EMPLOYEES. (C) POSTING IN A CONSPICUOUS PLACE AT EVERY LOCATION WHERE MERCHANDISE IS SOLD A SCHEDULE OF PRICES WHICH ARE NOT IN EXCESS OF THOSE CHARGED UNDER SIMILAR CONDITIONS ELSEWHERE IN THE CITY. THE CONCESSIONAIRE DESIRING TO SELL ANY ITEMS OTHER THAN THOSE LISTED HEREIN MUST FIRST RECEIVE THE APPROVAL OF THE DIRECTOR OF PARKS AND RECREATION. (D) MAINTAINING A CLEAN AND NEAT OPERATION WITHIN THE CON- CESSION AREA AND PROPERLY DISPOSING OF ANY DEBRIS OR REFUSE RESULTING FROM OPERATION OF SAID CONCESSION. (E) FILING A FINANCIAL STATEMENT WITH THE PARK AND RECREATION DEPARTMENT ON OR BEFORE THE TENTH DAY OF EACH MONTH AND AT THE SAME TIME PAYING CITY ITS SHARE OF GROSS RECEIPTS FOR PREVIOUS MONTH. CITY WILL PROVIDE ALL FORMS. III SECOND PARTY 'HEREBY AGREES TO FURNISH TO THE CITY CERTIFIED MONTHLY STATEMENTS OF GROSS BUSINESS, INCLUDING THE PROFITS FROM SUBCON- TRACTS; SALES TO BE BROKEN DOWN INTO INDIVIDUAL DATES, ACCORDING TO CURRENT ACCEPTED ACCOUNTING PROCEDURES PRESCRIBED BY THE CITY CONTROLLERS OFFICE. IV SECOND PARTY SHALL NOT ASSIGN NOR CONVEY ANY OF THE RIGHTS HEREIN GRANTED WITHOUT THE WRITTEN APPROVAL OF THE CITY FIRST HAD AND OBTAINED. V IT IS FURTHER.UNDERSTOOD AND AGREED THAT THE FAILURE OF THE SECOND PARTY TO COMPLY WITH ANY OF THE TERMS HEREIN PROVIDED SHALL AUTHORIZE THE CITY, OR ITS AGENTS AT THE CITY'S OPTIONS TO CANCEL THIS LEASE AND REPOSSESS THE PREMISES DESCRIBED HEREIN. IN THE EVENT ANY LEGAL ACTION IS UNDERTAKEN BY THE CITY TO COLLECT THE RENTAL DUE HEREUNDER TO COLLECT ANY DAMAGE GROWING OUT OF THIS LEASE, OR TOE IN ANY WAY ENFORCE THE PROVISIONS OF THIS LEASE, TEN PERCENT (10%) OF THE AMOUNT OF SUCH RECOVERY SHALL BE ADDED TO COVER THE EXPENSE OF SUCH ACTION; SAID TEN PERCENT (10 %) SHALL BE IN ADDITION TO ANY COURT COSTS. VI IT IS FURTHER UNDERSTOOD AND AGREED THAT THE SECOND PARTY IS AND SHALL BE AN INDEPENDENT CONTRACTOR HEREUNDER, AND THAT IN HER USE AND ENJOY- MENT OF THE PREMISES SHE WILL INDEMNIFY AND SAVE HARMLESS THE CITY FROM ANY AND ALL CLAIMS OR LOSSES THAT MAY RESULT TO THE CITY FROM ANY NEGLECT OR -2- • MISCONDUCT ON THE PART OF THE SECOND PARTY, HIS AGENTS, SERVANTS AND/OR EMPLOYEES, AND SHALL IN ALL WAYS HOLD THE CITY HARMLESS FROM SAME. lTit SECOND PARTY WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE CITY OF CORPUS CHRISTI, TEXAS. VIII THE RIGHTS OF CONCESSION AS HEREIN DEFINED, GRANTED BY CITY UNTO SECOND PARTY, SHALL BE AT THE FOLLOWING LOCATION, SUBJECT FURTHER TO THE TERMS, CONDITIONS AND COVENANTS AS FOLLOWS, TO -WIT: SOUTH BEACH: CONCESSION BUILDING TO BE LOCATED BELOW SEAWALL ON SOUTH BEACH AT SUCH PLACE AS MAY BE FROM TIME TO TIME APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION. GENERAL REQUIREMENTS OF BUILDING (TO BE PRO- VIDED BY CONCESSIONAIRE) IS THAT STRUCTURE SHALL BE OF FRAME STRUCTURE, SKID OR PIER FOUNDATION, CONFORMING TO CITY HEALTH CODES, GENERALLY NEAT AND ATTRACTIVE AS APPROVED BY THE PARK AND RECREATION DEPARTMENT. (1) THE RIGHT OF CONCESSION HEREIN GRANTED IS THE EXCLUSIVE RIGHT TO RENT FLOATS, AND TO SELL WRAPPED SANDWICHES, POPCORN, PEANUTS, SOFT DRINKS IN PAPER CUPS ONLY, CANDY, CHEWING GUM AND ICE CREAM. (2) IT 15 UNDERSTOOD BY AND BETWEEN THE PARTIES THAT NO UTILITY SERVICES ARE AVAILABLE AT THIS LOCATION. (3) FOR AND IN CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED, SECOND PARTY HEREBY AGREES TO PAY TO THE CITY TWENTY PERCENT (20%) OF GROSS SALES DERIVED FROM SAID CONCESSION, SAID PERCENTAGES BEING DUE AND PAYABLE AT THE END OF EACH MONTH DURING THE TERM OF THIS AGREEMENT, PLUS ONE -HALF (1/2) OF ONE PERCENT (1�) OF THE SEASONS TOTAL GROSS SALES PAYABLE AT END OF SEASON BUT NOT LATER THAN OCTOBER 31 OF EACH YEAR. IX THIS LEASE AND THE RIGHTS OF CONCESSION HEREIN GRANTED ARE SUBJECT TO CANCELLATION AND REVOCATION ON NINETY (90) DAYS WRITTEN NOTICE FROM THE CITY OF CORPUS CHRISTI TO LESSEE, IN THE EVENT OF A PUBLIC IMPROVE- MENT OF SOUTH BEACH OF SUCH NATURE THAT IT WILL RENDER THE BEACH UNSUITABLE OR UNFIT FOR PUBLIC BEACH USE. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF , 1968. ATTEST: CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED: DAY OF APRIL, 1968: CITY ATTORNEY BY R. MARVIN TOWNSEND, CITY MANAGER MRS. J. M. CASARES SECOND PARTY • • • CORPUS CHRISTI TEXAS DAY OF ( 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTio TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFOREj REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCEDj OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY 4vj,&')V� 41YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. „WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS