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HomeMy WebLinkAbout10805 ORD - 04/19/1972AMcC:jkh:3 -7 -72 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR OPERATION OF A SNACK BAR IN THE WEST END OF THE BASEMENT OF THE POLICE BUILDING TO MRS. LYDIA DELGADO, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Corpus Christi, to execute an agreement with Mrs. Lydia Delgado for operation of a snack bar in the West end of the basement of the Police Building, in accordance with the terms and conditions of said agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". M go CONTRACT THE STATE OF TEXAS COUNTY OF NUECES X This Agreement, made this the day of , 1972, between the City of Corpus Christi, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter known as the Lessor, and Mrs. Lydia Delgado, herein- after known as the Lessee: W I T N E S S E T H: 1. Lessor hereby leases to the Lessee for the period of one year from the date hereof the space within its premises as follows: The West end portion, being the area thereof immediately heretofore used for the herein- after enumerated purposes, of the basement of the Police Building in the City of Corpus Christi, Nueces County, Texas, and agrees that the right to sell on these premises such articles as: Coffee, cold drinks and articles usually sold at sandwich, coffee and cold drink stands to employees and visitors shall belong exclusively to the Lessee. t 2. Lessee agrees to pay-to Lessor three percent (3%) of gross receipts, payable monthly by the fifteenth of each succeeding month. 3. Lessor agrees to supply the light, heat and fuel necessary for the service and operation of this concession. 4. Lessor agrees to supply the necessary equipment and Lessee agrees to maintain said equipment and to supply the necessary manpower in the space provided by Lessor for the serving of the merchandise agreed upon to the employees and visitors of the building. 5. Lessee agrees to provide vending machines in any location in the Police Building and to maintain the same, subject to approval of the City Manager. 6. Lessee further agrees that none of its agents shall be considered as employees of the Lessor, and the Lessor shall not be liable in any way for any injury sustained to the person of these agents. ]. Lessee further agrees that Lessor shall not be liable for t any loss of property of Lessee or of the agents thereof which might occur. / ] 8. Lessee further agrees that prices charged for merchandise shall not exceed regular retail prices as are consistent with those prices charged throughout the community.and applicable law. 9. Lessor agrees to allow.Lessee to remove on the expiration of this agreement all property, fixtures and fittings installed and owned by the Lessee for the purpose of conducting the business herein - above described. 10. Lessee further agrees that during times of emergency, Lessor will have the exclusive right to use the area provided herein. 11. This agreement and all its terms may continue after the expira- tion of the term of this lease, subject to cancellation at any time upon thirty (30) days written notice by either party, and shall inure to the benefit of and be bLuding upon the parties hereto, their successors and assigns. 12. Lessee agrees to indemnify and hold harmless Lessor from any liability and /or claims arising out of the operation of this lease, except during times of emergency when Lessor is operating said lease pursuant to clause 10 above. 13. Lessee further agrees not to mix any propeity connected with this lease in any manner whatsoever with any property of any other person and agrees that the property subject to this lease is subject to her exclusive control and disposition relative to any third person. EXECUTED IN DUPLICATE, each of which shall be zonsidered an original, CITY OF CORPUS CHRISTI ATTEST: By. R. Marvin Townsend City Secretary City Manager APPROVED: DAY OF , 1972: LESSOR City Attorney Mrs. Lydia Delgado THAT THE FOREGOING ORDINANCE WAS READ R THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE,,% DAY O ,e-d J , j9 [�, BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINAnnN CE WAS READ OR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE .AdM.A. DAY OF D, j9 %Z , BY THE FOLLOWING VOTE: 7�- RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANAE ```WA'''S��' READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE /9g� DAY OF , j9 ,1J , BY THE FOLLOWING VOTE: `.. - RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE Y..OF ATTEST: 0 CITY SECR ra � 'MAYOR THE CITY 0 CORPU CH ISTI, TEXAS AP�h f3OXD: r!'i DAY OF �1 �, 19 Z O^"'"l'-CITY ATTOR EY AMcC:jkh:3 -7 -72 AN ORDINANCE + s AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR OPERATION OF A SNACK BAR IN THE WEST END OF THE BASEMENT OF THE POLICE BUILDING TO MRS. LYDIA DELGADO, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Corpus Christi, to execute an agreement with Mrs. Lydia Delgado for operation of a snack bar in the West end of the basement of the Police Building, in accordance with the terms and conditions of said agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". 4 10805 CONTRACT THE STATE OF TEXAS COUNTY OF NUECES X This Agreement, made this the day of , 1972, between the City of Corpus Christi, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter known as the Lessor, and Mrs. Lydia Delgado, herein- after known as the Lessee: W I T N E S S E T H: 1. Lessor hereby leases to the Lessee for the period of one year from the date hereof the•space within its premises as follows: The West end portion, being the area thereof immediately heretofore used for the herein- after enumerated purposes, of the basement of the Police Building in the City of Corpus Christi, Nueces County, Texas, and agrees that the right to sell on these premises such articles as: Coffee, cold drinks and articles usually sold at sandwich, coffee and cold drink stands to employees and visitors shall belong exclusively to the Lessee. r 2. Lessee agrees to pay-to Lessor three percent (3Y) of gross receipts, payable monthly by the fifteenth of each succeeding month. 3. Lessor agrees to supply the light, heat and fuel necessary for the service and oper_gtion of this concession. 4. Lessor agrees to supply the necessary equipment and Lessee agrees to maintain said equipment and to supply the necessary manpower in the space provided by Lessor for the serving of the merchandise agreed upon to the employees and visitors of the building. 5. Lessee agrees to provide vending machines in any location in the Police Building and to maintain the same, subject to approval of the City Manager. 6. Lessee further agrees that none of its agents shall be considered as employees of the Lessor, and the Lessor shall not be liable in any way for any injury sustained to the person of these agents. 7. Lessee further agrees that Lessor shall not be liable for t any lose of property of Lessee or of the agents thereof which might occur. 8. Lessee further agrees that prices charged for merchandise shall not exceed regular retail prices as are consistent with those prices charged throughout the community.and applicable law. 9. Lessor agrees to allow.Lessee to remove on the expiration of this agreement all property, fixtures and fittings installed and owned by the Lessee for the purpose of conducting the business herein - above described. 10. Lessee further agrees that during times of emergency, Lessor will have the exclusive right to use the area provided herein. 11. This agreement and all its terms may continue after the expira- tion of the term of this lease, subject to cancellation at any time upon thirty (30) days written notice by either party, and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. 12. Lessee agrees to indemnify and hold harmless Lessor from any liability and /or claims arising out of the operation of this lease, except during times of emergency when Lessor is operating said lease pursuant to clause 10 above. 13. Lessee further agrees not to mix any property connected with this lease in any manner whatsoever with any property of any otheY person and agrees that the property subject to this lease is subject to her exclusive control and disposition relative to any third person. EXECUTED IN DUPLICATE, each of which shall be-considered an original, CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: DAY OF , 1972: City Attorney By R. Marvin Townsend City Manager LESSOR Mrs. Lydia Delgado THAT THE FOREGOING ORDINANCE WAS READ R THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE, DAY 0, 19 l.�, BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ OR THE SECONDJTT ��ANDB PASSED TO ITS THIRD READING ON THIS THEAaLAl {. DAY OF FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINA E WAS��e READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE f9yz DAY OF /Lt , 19 �.�J , BY THE FOLLOWING VOTE: RONNIE SIZEMORE -- - ---- CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE Y OF , 19 ATTEST: or 0 0 CITY SECR TA MAYOR THE CITY 0 t/CORPU CH ISTI, TEXAS APPROVED: z DAY OF 1, 19 64& A"4 CITY ATTORPIEY