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HomeMy WebLinkAbout09554 ORD - 11/19/1969y, I MS: JKH:11 -5 -69 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS BEGINNING NOVEMBER 1, 1969, AND ENDING OCTOBER 31, 1974, 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 MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD,IN THE CITY OF CORPUS CHRISTI, SAID 1 CONCESSION RIGHTS BEGINNING NOVEMBER 1, 19691 AND ENDING OCTOBER 31, 1974, SUBJECT TO THE TERMS AND • CONDITIONS AS SET OUT IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THAT THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED HEREINABOVE 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 / 9V&AY OF NOVEMBER, 1969. ATTEST: V14 "'eeef 3y-: CSI TY SECRETARY ! V �IR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF NOVEMBER, 1969: Lam4 CITY ATTORN EY 9554 AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THIS CONTRACT MADE AND ENTERED INTO THIS THE 1ST DAY OF NOVEMBER, 1969, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND MARGIE BENNETT DBA COLISEUM CONCESSIONS, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CONCESSIONAIRE ", W I T N E S S E T H: THE CITY HEREBY GRANTS UNTO CONCESSIONAIRE THE RIGHTS OF CON- CESSION, AS HEREINAFTER DEFINED, AT THE LOCATIONS HEREINAFTER SPECIFICALLY SET OUT, SUBJECT TO THE TERMS, CONDITIONS AND COVENANTS AS FOLLOWS, TO -WIT: I TERMS OF THE AGREEMENT. IN CONSIDERATION OF THE RENT HEREBY PROVIDED TO BE PAID BY THE CONCESSIONAIRE AND THE COVENANTS ON HIS BEHALF HEREIN CONTAINED, THE CITY HEREBY GRANTS CONCESSIONAIRE RIGHTS TO CON- CESSION FOR A TERM BEGINNING NOVEMBER 1, 1969, AND ENDING AT 11:59 P.M., ON OCT013ER 31, 1974 (UNLESS PREVIOUSLY TERMINATED UNDER ANY PROVISION HEREIN CONTAINED) THE DESIGNATED CONCESSION LOCATIONS IN THE COLISEUM, THE EXPOSITION HALL AND THE PATIO AREA FOR THE SALE AND DISPENSING OF FOOD, BEVERAGES AND OTHER MERCHANDISE AS HEREINAFTER PROVIDED. II CONCESSION RIGHTS DEFINED. THE CONCESSION RIGHTS AND PRIVILEGES HEREIN GRANTED IS THE EXCLUSIVE RIGHT TO MAKE DIRECT SALES TO THE PUBLIC OF SOFT DRINKS, BEER, SANDWICHES, POPCORN, CANDY FLOSS, AND OTHER MERCHAN- DISE USUALLY AND CUSTOMARILY HANDLED BY A CONCESSIONAIRE, EXCEPT THAT THE CITY RETAINS THE RIGHT TO: (A) HANDLE CATERING SEPARATELY AND INDEPENDENTLY FROM THE CONCESSION CONTRACT. (B) GRANT PERMISSION FOR MERCHANDISE TO BE GIVEN AWAY ON THE PREMISES AND =IS IN NO WAY OBLIGATED TO THE CONCESSIONAIRE TO FORCE SUCH MERCHANDISE TO BE PURCHASED THROUGH HIM. (C) USE SPACE DESIGNATED FOR CONCESSIONS (EXCEPTING OFFICE AND INVENTORY STORAGE) WHEN THE CONCESSIONAIRE IS NOT IN OPERATION. (D) MAKE FINAL DECISION ON MATTERS WHICH MAY ARISE NOT SPECI- FICALLY COVERED IN THE SPECIFICATIONS. (E) THIS CONCESSION DOES NOT INCLUDE THE RIGHT FOR CONCESSIONAIRE TO SELL SPACE FOR EITHER TEMPORARY OR PERMANENT SIGNS. THE CITY ESPECIALLY RESERVES THIS RIGHT TO ITSELF. (F) APPROVE THE FORM OF PRODUCTS TO BE SOLD AND TO REQUIRE THE CONTAINERS TO BE SUITABLE TO THE CONSUMPTION IMMEDIATELY AFTER SALE ON THE PREMISES. (G) TO SUPERINTEND SALES TO THE EXTENT THAT SALES SHALL BE ONLY AT AND FOR A REASONABLE LENGTH OF TIME BEFORE AND AFTER THE TIME OF THE PERFORMANCE OR FUNCTION BEING SERVED AND SO AS TO INSURE THAT THE SALES WILL NOT INTERFERE WITH THE CONDUCT OF THE PERFORMANCE OR FUNCTION BEING SERVED. LOCATIONS OF CONCESSION. THE CITY WILL PROVIDE AND MAKE AVAIL- ABLE TO THE CONCESS1014AIRE AND EXCEPT FOR THE SUPERVISION OF THE CITY TO BE IN THE EXCLUSIVE CONTROL OF THE CONCESSIONAIRE THE FOLLOWING: (1) EXPOSITION HALL - ONE (1) ENCLOSED STAND 81 X i51 WITH SINK, COUNTER AND CUPBOARDS. (2) COLISEUM - TWO (2) 621 X 51 STANDS WITH SINKS, WORK AREAS ANU APPROXIMATELY 300 SQUARE FEET OF ENCLOSED SPACE FOR INVENTORY STORAGE AND OFFICE. IV THE CITY AGREES TO FURNISH THE FOLLOWING: (A) UTILITIES: STANDARD OUTLETS AND CONNECTIONS FOR GASH WATER AND ELECTRICITY. MONTHLY UTILITY BILLS WILL BE PAID BY THE CITY. (B) EQUIPMENT: INSTALLATION AND MAJOR MAINTENANCE AND REPAIRS TO THE FOLLOWING WILL BE PAID BY THE CITY: (1) ON PREMISES: 1 WALK -IN BEER COOLER 1 ICE MACHINE AND STORAGE BIN 2 PERLICK BEER DISPENSERS 2 CANDY FLOSS MACHINES 2 CENTRAL POPPERS, 32 02. 2 SNOCONE MACHINES 2 HOT DOG WARMERS 2 ELECTRIC STOVES 1 LARGE SAFE (2) APPROVED FOR PURCHASE: 1 CENTRAL POPPER, 32 OZ. 1 SMALL POPPER, 11 OZ. 2 HOT DOG WARMERS 1 STEAM TABLE t PORTABLE ELECTRIC GRILL 2 RESTROOM VENDING MACHINES -2- (C) STAND IMPROVEMENTS: WHEN THE CONTRACT HAS BEEN AWARDED, THE SUCCESSFUL BIDDER WILL BE CONSULTED REGARDING ANY STAND IMPROVEMENTS IN THE COLISEUMS WHICH THE CITY MIGHT MAKE TO PROVIDE BETTER SERVICE TO THE PUBLIC. V OBLIGATIONS OF CONCESSIONAIRE. THE CONCESSIONAIRE WILL BE RESPONSIBLE= TO THE CITY AS FOLLOWS: (A) COMPLIANCE WITH ALL CITY HEALTH REGULATIONS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI AS THEY AFFECT THE CONCESSION OPERATION AND SECURING ALL PERMITS, LICENSES ETC., REQUIRED BY ANY GOVERNMENTAL AGENCY. (B) INSURANCE. THE CONCESSIONAIRE COVENANTS THAT HE WILL CARRY INSURANCE AS FOLLOWS: �. BEFORE PERMITTING ANY OF HIS EMPLOYEES TO BEGIN WORKING IN ANY'CAPACITY HE SHALL COVER ALL HIS EMPLOYEES TO BE THERE EMPLOYED WHOSE DUTIES WILL REGULARLY AND FREQUENTLY INVOLVE THEIR PRESENCE IN ANY OF THE LEASED PREMISES BY WORKMEN'S COMPENSATION INSURANCE. 2. BEFORE BEGINNING OR PERMITTING THE INSTALLATION OF ANY OF HIS FURNISHINGS, FIXTURES, EQUIPMENT, ETC., SHALL PRO- CURE AND THERE TO KEEP IN FULL FORCE AND EFFECT PUBLIC LIABILITY AND PROPERTY MMAGE INSURANCE WHICH SHALL BE IN A USUAL LANDLORD - TENANT FORM, OR OTHER TYPE OF COVER- AGE PLAINLY FOR THE PROTECTION OF THE CITY AS WELL AS CONCESSIONAIRE. 3. BEFORE OPENING UP FOR BUSINESS HE SHALL PROCURE EITHER BY SEPARATE POLICY OR BY APPROPRIATE RIDER TO HIS PUBLIC LIABILITY INSURANCE COVERAGE OF THE SORT WHICH IS SOMETIMES REFERRED TO AS FOOD HANDLERS OR RESTAURANT OPERATORS PROTEC- TION PROTECTING AGAINST CLAIMS FOR DAMAGES TO PERSONS CLAIM- ING TO HAVE BEEN SERVED UNWHOLESOME FOODS, ETC.). THE POLICIES REFERRED TO IN 2 AND 3 ABOVE, SHALL BE IN AMOUNTS PROVIDED FOR PROTECTION OF NOT LESS THAN $50,000 AGAINST LIABILITY OR -3- DAMAGE TO PROPERTY IN ANY ONE ACCIDENT AND PROTECTION OF NOT LESS THAN $50,000 FOR INJURY TO ONE PERSON SUBJECT TO A LIMIT OF NOT LESS THAN $100,000 PROTECTION IF INJURY TO TWO OR MORE PERSONS IN A SINGLE ACCIDENT OR OTHER OCCURRENCE. THE ORIGINALS OF ALL OF THE POLICIES REFERRED TO IN 1, 2 AND 3 ABOVE OR COPIES THEREOF CERTIFIED BY THE AGENT ISSUING THEM, SHALL BE DEPOSITED BY THE CONCESSIONAIRE WITH THE COLISEUM MANAGER WHO SHALL FOR- WARD THEM TO THE DIRECTOR OF FINANCE FOR CUSTODY. THEY SHALL INCLUDE PROVISIONS THAT THEY CANNOT BE CANCELLED EXCEPT AFTER THE EXPIRATION OF FIFTEEN DAYS AFTER DELIVERY OF NOTICE OF THE INTENTION TO CANCEL TO THE DIRECTOR OF FINANCE. FAILURE ON THE PART OF THE CONCESSIONAIRE TO FURNISH A NEW POLICY OR CERTIFIED COPY BEFORE THE EXPIRATION DATE OF SUCH POLICY OR FAILURE TO FURNISH A NEW POLICY BEFORE THE DATE SO FIXED FOR THE CANCELLATION OF THE EXISTING POLICY SO THAT THE RISK REFERRED TO SHALL BE CONTINUOUSLY PROTECTED WILL CONSTITUTE A DEFAULT ON THE PART OF THE CONCESSIONAIRE ENTITLING THE CITY TO ITS OPTION TO TERMINATE THE ENTIRE AGREEMENT. IF EITHER OF THE POLICIES REFERRED TO IN 2 AND 3 ABOVE DO NOT SHOW UPON THEIR FACE THAT THEY ARE A FLAT PREMIUM POLICY AND THE PREMIUM HAS BEEN PAID IN FULL, T +IEY MUST BE ACCOMPANIED BY A RIDER OR OTHER APPRO- PRIATE CERTIFICATE OR WAIVER SUFFICIENT TO ESTABLISH THAT THE COMPANY OR AGENCY ISSUING THE SAME IS ENTITLED TO LOOK ONLY TO THE CONCESSIONAIRE FOR ANY PREMIUM PAYMENTS AND HAS NO RIGHT TO RECOVER ANY PREMIUMS FROM THE CITY OF CORPUS CHRISTI, THE PUBLIC LIABILITY POLICY OR THE POLICIES REFERRED TO IN 2 ABOVE SHALL INCLUDE PROVISIONS THAT THE CITY IS FULLY PROTECTED NOT ONLY AGAINST CLAIMS ON BEHALF, OF THE GENERAL PUBLIC, BUT ALSO AGAINST CLAIMS ON THE PART OF ANY OF THE CONCESSIONAIRES EMPLOYEES, INCLUDING CLAIMS BASED UPON ALLEGED NEGLIGENCE ON THE PART OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. IF CONCESSIONAIRE CANNOT PROCURE SUCH BROAD PROTEC- TION FOR THE CITY AS A PART OF ITS LANDLORD - TENANT PUBLIC LIABILITY POLICYj HE SHALL AT HIS SOLE COST AND EXPENSE FURNISH OTHER APPROPRIATE POLICIES WHICH WILL ALSO PROTECT THE CITY. (C) POSTING IN A CONSPICUOUS PLACE VISIBLE FRO14 EVERY LOCATION WHERE MERCHANDISE IS SOLD A SCHEDULE OF PRICES APPROVED IN WRITING BY -4- THE BUILDING MANAGER. PRICES CHARGED SHALL NOT BE IN EXCESS OF THOSE CHARGED UNDER SIMILAR CONDITIONS ELSEWHERE IN THE CITY. (D) MAINTAINING A CLEAN, SAFE, ORDERLYAND SANITARY OPERATION WITHIN THE CONCESSION LOCATIONS AND ADJACENT AREAS. (E) RETURNING THE PREMISES AND EQUIPMENT TO THE CITY IN THE CONDITION RECEIVED EXCEPT FOR NORMAL WEAR AND TEAR. (F) COLLECTING DEBRIS IN THE CONCESSION STANDS IN COVERED CONTA114ERS AND PLACING SAME IN TRASH AREAS OUTSIDE THE BUILDING AT THE CONCLUSION OF EACH EVENT. (G) PROVIDING A DETAILED REPORT AT THE CONCLUSION OF EACH EVENT ON FORMS TO BE PROVIDED BY THE CITY AND REPORTING INCOME FROM SUB- CONTRACTS AS EARNED. (H) CONSULTING WITH AND RECEIVING APPROVAL FROM THE BUILDING MANAGER ON THE QUALITY, QUANTITY AND PRICE SCHEDULE OF ALL CONCESSION MERCHANDISE. . , (I) REQUIRING EMPLOYEES TO WEAR APPROPRIATE UNIFORMS TO INDI- CATE THE FACT AND NATURE OF SUCH EMPLOYMENT AND TO PRESENT THEMSELVES TO THE PUBLIC IN A CLEAN AND NEAT CONDITION AND IN POLITE AND COURTEOUS MANNER. DRINKING ON DUTY, SHOWING UP IN A CONDITION UNFIT FOR WORK OR OBJECTIONABLE CONDUCT, WILL GIVE THE CITY THE RIGHT TO DEMAND IMMEDIATE DISMISSAL OF CONCESSION HELP, AND, IF MANAGE14ENT OR THE CONCESSIONAIRE IS THE PARTY INVOLVED, IMMEDIATE CANCELLATION OF THE CONTRACT. (J) BEING PREPARED TO FURNISH ADDITIONAL EQUIPMENT (OTHER THAN THAT PROVIDED BY THE CITY) AND PERSONNEL SUFFICIENT TO SERVE UP TO 6,000 PEOPLE IN THE COLISEUM DURING A 20- MINUTE INTERMISSION UPON REASONABLE NOTICE FROM THE COLISEUM OFFICE. (THE•TERM "SUFFICIENT" AS USED IN THE FOREGOING PARAGRAPH MEANS THAT CONCESSIONAIRE WILL HAVE ON HAND EQUIPMENT AND PERSONNEL ADEQUATE TO SERVE ALL PERSONS ATTENDING THt PARTICULAR EVENT.) w GENERAL PROVISIONS: (A) IT IS A CONDITION OF THE CONCESSION RIGHTS HEREIN OFFERED THAT THE CITY WILL NOT BE RESPONSIBLE TO THE CONCESSIONAIRE IN ANY MANNER -5- FOR MERCHANDISE, EQUIPMENT, ETC., BELONGING TO THE CONCESSIONAIRE IF THEY ARE NOT REMOVED FROM THE CONCESSION LOCATIONS BY THE CONCESSIONAIRE DURING PERIODS WHEN THE CONCESSION LOCATIONS MAY BE OTHERWISE OCCUPIED. IT IS LIKEWISE A CONDITIO14 THAT EQUIPMENT AND MERCHANDISE WHICH IS NOT THE SOLE POSSESSION OF THE CONCESSIONAIRE MAY NOT BE REMOVED. IT IS FURTHER A CONDITION THAT THE CONCESSIONAIRE IS ENTITLED TO USE ANY AND ALL EQUIPMENT IN THE CONCESSION LOCATIONS DURING HIS OCCUPANCY. (B) WHEN TEMPORARY STANDS ARE REQUIRED AT LOCATIONS OTHER THAN THOSE ALREADY SPECIFIED THE CITY WILL PROVIDE THE SPACE AND STAND- ARD UTILITIES AND THE CONCESSIONAIRE WILL BE RESPONSIBLE FOR SETTING UP AND TEARING DOWN. (C) OPERATION OF THE CONCESSION WILL AT ALL TIMES BE IN KEEP- ING WITH THE ACTIVITY USING THE FACILITIES AND RESTRAINT SHALL BE EXERCISED IN THE HANDLING OF ANY EQUIPMENT TO MINIMIZE 1HE IRRITATION CAUSED BY RESULTING NOISE, THE COLISEUM MANAGER SHALL HAVE THE RIGHT TO INSTRUCT THE CONCESSION OPERATOR TO CEASE THOSE OPERATIONS WHICH PRODUCE DISTURBING NOISES DURING THOSE PERIODS WHEN THE RESULTING NOISE WILL INTERFERE WITH THE ENJOYMENT OF THE EVENT IN PROCESS. BEER SALES WILL BE ALLOWED ONLY AFTER THE ACTIVITY USING THE BUILDING FIRST OBTAINS PER- MISSION IN WRITING FROM THE CITY FOR SUCH SALES AS SET FORTH IN ORDINANCE No. 5918. (D) SUBCONTACTS' (1) CONCESSION ITEMS SUCH AS PROGRAMS, NOVELTIES) SONG BOOKS, AUTOGRAPHED PICTURES, ETC. , USUALLY CARRIED BY TRAVELING SHOWS AND NOT NORMALLY STOCKED BY THE CONCESSIONAIRE, AND ADDI- TIONAL STANDS SET UP ON A TEMPORARY BASIS WITH EQUIPMENT NOT OWNED BY THE CITY OR THE CONCESSIONAIRE ARE CONSIDERED AS SUBCONTRACTS. PRIVILEGE AGREEMENTS BETWEEN THE CONCESSIONAIRE AND THE SUBCONTRACTOR FOR SUCH ITEMS MUST BE APPROVED BY THE COLISEUM MANAGER ANDj IN CASE OF A DISPUTE, THE DECISION OF THE COLISEUM MANAGER SHALL BE FINAL. , (2) ARRANGEMENTS FOR VENDING MACHINES WILL BE MADE BY THE COLISEUM MANAGER BUT THE SUPERVISION OF THE MACHINES TO SEE THEY ARE STOCKED AND MOVED ACCORDING TO THE EVENT IS THE -6- RESPONSIBILITY OF THE CONCESSIONAIRE. VENDING MACHINES ARE CONSIDERED TO BE SUBCONTRACTS. (3) WHEN THE CONCESSIONAIRE DOES NOT OPERATE AS A RETAILER BUT SUPPLIES CONCESSIONS ON A PER - PERSON BASIS, SUCH SERVICE WILL BE CONSIDERED A SUBCONTRACT. (Y) A FLAT 50% OF NET RECEIPTS FROM SUBCONTRACTS WILL BE PAID TO THE CITY BY THE CONCESSIONAIRE, EXCEPT AS SHOWN IN PARAGRAPH(5)UNDER (D), ARTICLE VI. (5) WHEN THE CONCESSIONAIRE OPERATES AS A CATERER SUPPLYING FOOD ON A PER-PERSON BASIS, SUCH SERVICE WILL BE CONSIDERED A FOOD SUBCONTRACT PAYABLE TO THE CITY AT 25% OF NET. (E) MAINTENANCE OF CITY -OWNED EQUIPMENT WILL BE THE RESPONSI- BILITY OF THE CONCESSIONAIRE AND CITY EMPLOYEES WILL NOT SERVICE THE EQUIPMENT UNLESS A REQUEST FOR MAJOR REPAIRS OR MAINTENANCE IS REPORTED TO THE COLISEUM OFFICE. IN THE EVENT A CATERER OR LESSEE WISHES TO BUY ICEI ARRANGEMENTS WILL BE HANDLED THROUGH THE CONCESSIONAIRE SO HIS STOCK OF ICE WILL NOT BE DEPLETED WITHOUT HIS KNOWLEDGE AND SUCH SALES WILL BE CONSIDERED AS PART OF THE GROSS SALES OF CONCESSIONAIRE. THE CONTRACT WILL CONTAIN A CLAUSE PROVIDING FOR TERMINATION OF THE CONTRACT BY CITY IF CITY NOTIFIES THE CONCESSIONAIRE IN WRITING THAT A VIOLATION OF A CONDITION OF THE CONTRACT HAS OCCURRED AND SUCH VIOLATION IS NOT TERMINATED OR CORRECTED BY THE NEXT EVENT FOR WHICH CONCESSIONS ARE PROVIDED OR WITHIN 10 DAYS, WHICHEVER SHOULD FIRST OCCUR. APPEAL FROM SUCH NOTICE FROM THE COLISEU14 MANAGER SHALL BE TO THE DIRECTOR OF PARKS AND RECREATION AND THEN TO THE CITY MANAGER WHOSE DECISION SHALL BE FINAL. (F) THE,BIDDER SHALL ACQUAINT HIMSELF WITH THE REGULATIONS AND RULES OF THE LIQUOR CONTROL BOARD AND COMPLY WITH THE QUALIFICATIONS TO OBTAIN AND KEEP A BEER LICENSE. VII CONSIDERATION TO BE PAID BY CONCESSIONAIRE: IN ADDITION TO PAYMENTS TO BE MADE UNDER THE PROVISIONS OF ARTICLE VI, CONCESSIONAIRE SHALL MAKE THE FOLLOWING PAYMENTS: -7- (A) 43% OF GROSS SALES ON ALL BASIC CONCESSION ITEMS SOLD, INCLUDING ALL DRINKS ICE, PEANUTS, POPCORN, COTTON CANDY AND SNO- CONES. THOSE ITEMS LISTED IN (B), (C) AND (D) BELOW, SHALL CARRY THE RESPECTIVE PERCENTAGES SHOWN. (B) 50% OF NET INCOME FROM SUBCONTRACTS AND VENDING. (C) 23% OF GROSS SALES ON FOOD ITEMS INCLUDING: CHIPOS, DO -NUTS, POTATO CHIPS, PRETZELS, SANDWICHES, HOT DOGS, FRENCH FRIES, CHILI DOGS TAMALES, COFFEE, BARBECUE, SALTED PEANUTS AND PIZZA. (D) 23% OF ALL GROSS SALES OF ITEMS LISTED BELOW: y SOUVENIRS POSTCARDS NOVELTIES TOILETRIES VIII ACCOUNTING PROCEDURE: ALL PAYMENTS DUE THE CITY SHALL BE DUE AND PAYABLE WITHOUT DEMAND AT THE OFFICE OF THE COLISEUM MANAGER. AT THE CONCLUSION OF EACH EVENT A REPORT OF THE GROSS SALES SHALL BE PROVIDED TO THE COLISEUM MANAGER ON FORMS APPROVED BY THE CITY. PAYMENTS FROM ANY CALENDAR MONTH SHALL BE DUE ON THE 20TH DAY OF THE FOLLOWING MONTH AND SUCH DAY SHALL BE CONSIDERED THE DUE DATE FOR ALL INTENTS AND PURPOSES, ANY PAYMENT WHICH IS NOT MADE WITHIN TEN DAYS AFTER THE DATE IT IS DUE SHALL BEAR INTEREST AT THE RATE OF 10% PER ANNUM FROM THE DATE IT BECAME DUE UNTIL THE DATE IT IS PAID. IN THE EVENT ANY AMOUNT OR SUM OWING BY THE CONCESSIONAIRE TO THE CITY UNDER THIS AGREEMENT REMAINS UNPAID AFTER THE DEMAND FOR PAYMENT THEREOF AND IS THEREAFTER COLLECTED BY SUIT, 10% IN ADDITION COMPUTED ON THE AMOUNT OTHERWISE RECOVERABLE OR RECOVERED IN SUCH SUIT SHALL BE ADDED THERETO AND MAY BE RECOVERED THEREIN BY THE CITY AS ATTORNEY'S FEES AND COST OF THE EX R:NSE OF COLLECTION. THE CONCESSIONAIRE'S CASH REGISTER AND ALL RECORDS RELATING TO THE OPERATION OF THE CONCESSION SHALL BE SUBJECT TO THE EXAMINATION AND AUDIT BY THE CITY AT ANY TIME. IF HE SHALL KNOWINGLY FURNISH ANY INCORRECT STATEMENT OF THE AMOUNT OF HIS GROSS SALES, THIS WILL CONSTITUTE A DEFAULT ON HIS PART ENTITLING THE CITY AT ITS OPTION TO DECLARE THIS LEASE TERMI- NATED. ANY SUCH REPORT WHICH SHALL UNDERSTATE THE GROSS SALE FOR ANY MONTH BY AS'MUCH AS 10% OF THE TRUE AMOUNT THEREOF SHALL BE CONCLUSIVELY G�➢ DEEMED TO HAVE BEEN KNOW114GLY AND FALSELY FURNISHED BY HIM AND THE CITY IN ORDER TO EXERCISE ITS OPTION OF TERMINATION SHALL ONLY BE REQUIRED TO ESTABLISH SUCH FALSITY AND SHALL NOT BE REQUIRED TO ESTABLISH ACTUAL KNOWLEDGE ON THE PART OF THE LESSEE OF SUCH FALSITY. IN THE EVENT OF DEFAULT ON THE PART OF THE CONCESSIONAIRE IN PAYMENT OF ANY RENTAL OR IN THE PERFORMANCE OF ANY OF THE COVENANTS AND OBLIGATIONS HEREIN DESCRIBED WITHIN TEN DAYS AFTER THE DATE THE SAME IS DUE, THE CITY OF CORPUS CHRISTI MAY AT ITS OPTION, AFTER TEN DAYS WRITTEN NOTICE OF INTENTION TO DO SO, DECLARE THIS AGREEMENT TERMINATED. IX TERMINATION: IF AT ANY TIME THE CITY IS OF THE OPINION THAT THE CONCESSIONAIRE IS NOT IN PERFORMANCE OF THE TERMS OF THIS AGREEMENT, THE CITY-SHALL HAVE THE OPTION TO TERMINATE THIS AGREEMENT BY NOTIFYING THE CONCESSIONAIRE IN WRITING THAT A VIOLATION OF A CONDITION OF THE CON- TRACT HAS OCCURRED AND SETTING FORTH THE NATURE OF SUCH VIOLATION. IN THE EVENT SUCH VIOLATION IS NOT DISCONTINUED, AND A CORRECTION MADE ON OR BEFORE THE NEXT EVENT FOR WHICH CONCESSIONS ARE TO BE PROVIDED BY CONCESSIONAIRE, OR WITHIN 10 DAYS OF SUCH NOTICE, WHICHEVER DATE FIRST OCCURS, THEN THIS AGREEMENT SHALL BE TERMINATED EXCEPT FOR THE RIGHT OF THE CITY TO RECOVER ANY AND ALL SUMS PAYABLE BY THE CONCESSIONAIRE. CONCESSIONAIRE MAY APPEAL FROM SUCH NOTICE WITHIN FIVE (5) DAYS OF THE RECEIPT OF SAME FROM THE COLISEUM MANAGER AND SUCH APPEAL SHALL BE IN WRITING TO THE DIRECTOR OF PARKS AND RECREATION AND THEN TO THE CITY MANAGER WHOSE DECISION SHALL BE FINAL. WITNESS OUR HANDS AT CORPUS CHRISTIJ TEXAS THIS THE DAY OF NOVEMBERS 1969. CITY OF CORPUS CHRISTI ATTEST: BY R. MARVIN TOWNSEND CITY SECRETARY CITY MANAGER APPROVED: DAY OF NOVEhiBER, 1969: CITY ATTORNEY MARGIE BENNETT DBA COLISEUM CONCESSIONS Corpus Christi, Texas 7�• , 1day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, 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 Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ".Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel ) W. J. ','Wrangler" Roberts P/ Ronnie Sizemore