The URL can be used to link to this page

Home My WebLink About11393 ORD - 03/28/1973JRR /mc 3/121(3 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARGIE BENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIFE YEARS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO ENTER INTO AN AGREEMENT WITH MARGIE SENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT. TO BE FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 11393 � . THE STATE OF TEXAS COUNTY OF NUECES ) KNOW ALL MEN BY THESE PRESENTS: THAT THIS AGREEMENT, MADE AND ENTERED INTO ON THIS THE DAY OF 1973, A.D., BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS "CITY ", AND MARGIE BENNETT, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "PERMITTEE ": WHEREAS, THE PERMITTEE HAS REQUESTED THE USE OF A BUILDING LOCATED ADJACENT TO THE CONCRETE SLAB ON THE PEOPLES STREET T -HEAD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS FOR THE PURPOSE OF OPERATING A CONCESSION BUSINESS; AND THE RIGHTS OF THE CONCESSION HEREIN GRANTED ARE TO MAKE DIRECT SALES TO THE PUBLIC OF WRAPPED SANDWICHES, HOT DOGS, HAMBURGERS, POPCORN, PEANUTS, SOFT DRINKS IN PAPER CUPS ONLY, CANDY, CHEWING GUM, AND ICE CREAM: NOW, THEREFORE, THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE AFORESAID PARTIES SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW: THAT THE CITY OF CORPUS CHRISTI HEH'_BY..GRANTS TO THE PERMITTEE THE USE OF THE PROPERTY DESCRIBED FOR THE SPECIFIC PURPOSES HERETOFORE ENUMERATED, AND SUCH PRIVILEGE IS GRANTED FOR A FIVE -YEAR USE OF THE DESCRIBED PROPERTY, SAID USE TO BEGIN UPON EXECUTION OF THIS AGREEMENT. II THE CITY HEREBY GRANTS UNTO PERMITTEE THE RIGHTS OF CONCESSION, AT THE CONCESSION BUILDING ON THE PEOPLES STREET T -HEAD, SUBJECT TO THE TERMS, CONDITIONS AND COVENANTS OF THIS CONTRACT. . III THE PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT SALES UNDER THE CON- CESSION GRANTS HEREIN GRANTED AT THE FOLLOWING LOCATION: CONCESSION BUILDING LOCATED ADJACENT TO CONCRETE SLAB ON PEOPLES STREET T -HEAD. IV IT IS UNDERSTOOD BY AND BETWEEN THE PARTIES THAT ONLY ELECTRICAL SERVICE IS AVAILABLE TO THE CONCESSION BUILDING AND THIS WILL BE PROVIDED BY THE CITY AT NO COST TO THE PERMITTEE, EXCEPT THAT IF THE PERMITTEE SHOULD r• • INSTALL AIR CONDITIONING THE INSTALLATION, MAINTENANCE AND ELECTRIC CURRENT COSTS OF THE AIR CONDITIONING WILL BE AT PERMITTEE +S EXPENSE. V THE PERMITTEE 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. (6) WORKMEN'S COMPENSATION INSURANCE AND APPROVED PUBLIC LIABILITY INSURANCE, INCLUDING POISONING OR ILLNESS FROM FOOD OR DRINK IN THE AMOUNT OF $100/300,000; $10/50,000 PROPERTY DAMAGE INSURANCE AND INDEMNIFICATION OF THE CITY AGAINST ALL CLAIMS RESULTING FROM THE OPERATION OF THE CONCESSIONAIRE, HIS AGENTS, SERVANTS, EMPLOYEES, AND ASSIGNS. (C) POSTING IN A CONSPICIOUS 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. IF THE PERMITTEE DESIRES TO SELL ANY ITEMS OTHER THAN THOSE LISTED HEREIN HE MUST FIRST RECEIVE THE APPROVAL OF THE DIRECTOR OF PARKS AND RECREATION. (D) MAINTAINING A CLEAN AND NEAT OPERATICN WITHIN THE CONCESSION AREA AND PROPERLY DISPOSING OF ANY DEBRIS OR REFUSE RESULTING FROM OPERATION OF SAID CONCESSION. (E) FAKE TWICE DAILY INSPECTIONS OF THE PUBLIC RESTROOMS THAT ARE LOCATED IN THE SAME BUILDING, CHECKING SAID RESTROOMS FOR CLEANLINESS, VAN- DALISM, AND PERVERT ACTIVITY. ANY PROBLEMS RELATED TO CLEANLINESS OR VANDALISM SHOULD BE REPORTED TO THE PARK AND RECREATION DEPARTMENT OR TO THE MARINA DEPARTMENT; ANY PROBLEMS RELATING TO PERVERT ACTIVITY SHOULD BE REPORTED TO THE POLICE DEPARTMENT. THE PARK AND RECREATION DEPARTMENT AND THE MARINA DEPARTMENT WILL BE RESPONSIBLE FOR CLEANING AND MAINTAINING THE RESTROOMS. (F) FILING OF A FINANCIAL STATEMENT WITH THE PARK AND RECREATION DEPARTMENT ON OR BEFORE THE TENTH DAY OF EACH MONTH AND AT THE SAME TIME PAYING THE CITY ITS SHARE OF GROSS RECEIPTS FOR PREVIOUS MONTH. THE CITY WILL PROVIDE ALL NECESSARY FORMS. VI FOR AND INODNSIDCRATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED, PFCNITTFE HFnrrgy A" !'F' E^ ,^ PAY TO T!IE CITY T`.:!:,ITY•_GC: C7: PCCC CIIT (?j;�) GF Gf.OGD SALES DERIVED FROM SAID CONCESSIONS, SAID PERCENTAGES BEING DUE AND PAYABLE ON THE TENTH OF EACH 14ONTH DURING THE TERM OF THIS AGREEMENT. VII PERMITTEE HEREBY AGREES TO FURNISH TO THE CITY CERTIFIED MONTHLY STATEMENTS OF GROSS BUSINESS, INCLUDING THE PROFITS FROM SUBCONTRACTS, SALES TO BE BROKEN DOWN INTO INDIVIDUAL DATES, ACCORDING TO CURRENT ACCEPTED ACCOUNTING PROCEDURES PRESCRIBED BY THE VIII THE CITY RETAINS THE RIGHT AT ANY TIME TO FORFEIT ANY SUCH USE PRIVILEGE AGREEMENT AND MAY CANCEL THIS PERMIT UPON SIXTY (60) DAYS WRITTEN NOTICE TO PERMITTEE. Ix IT 15 FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE IS AND SHALL BE AN INDEPENDENT CONTRACTOR HEREUNDER, AND THAT IN HIS USE AND ENJOYMENT OF THE PREMISES HE WILL INDEMNIFY AND SAVE HARMLESS THE CITY FROM ANY NEGLECT.' OR MISCONDUCT ON THE PART OF THE PERMITTEE, HIS AGENTS, SERVANTS, EMPLOYEE:, AND ASSIGNS, AND SHALL IN ALL WAYS HOLD THE CITY HARMLESS FROM SAME. ... x IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE SHALL NOT MAKE ALTERATIONS, ADDITIONS, OR IMPROVEMENTS TO SAID BUILDING, WITHOUT PRIOR WRITTEN CONSENT OF THE CITY. ALL ALTERATIONS, IMPROVEMENTS, AND ADDITIONS MADE BY THE PERMITTEE UPON SAID BUILDING, ALTHOUGH AT HIS OWN COST AND EXPENSE, SHALL IF NOT REMOVED BY PERMITTEE AT ANY TERMINATION HEREOF BECOME THE PROPERTY OF THE CITY IN FEE SIMPLE WITHOUT ANY OTHER ACTION OR PROCESS OF LAW. xi IT IS FURTHER UNDERSTOOD AND AGREED THAT PERMITTEE SHALL NOT PLACE, PAINT OR OTHERWISE AFFIX ANY SIGNS, AT, ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF, EXCEPT AS AND WHERE FIRST APPROVED IN WRITING BY THE MARINA DEPARTMENT. THE MARINA DEPARTMENT SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVE, PAINT OR REPAIR ANY OF THE SIGNS ALLOWED. SHOULD PER- MITTEE NOT REMOVE, PAINT OR REPAIR SAID SIGNS WITHIN TEN (10) DAYS OF DEMAND THEREOF IN WRITING, THE MARINA DEPARTMENT MAY FULFILL ITS DEMANDS AND CHARGE THL EXPLNSE OF SAME TO PEP.NII'TEE. -3- XII IT IS FURTHER UNDERSTOOD AND AGREED THAT THE CITY WILL MAINTAIN THE BUILDING AND UTILITY LINES SERVING SAME AND THAT THE PERMITTEE WILL MAINTAIN THE INTERIOR OF THE BUILDING, INCLUDING PAINTING AND LIGHT FIXTURES. XIII IT IS FURTHER UNDERSTOOD AND AGREED THAT THE MONTHLY RENTAL FOR SAID LEASED PREMISES WILL BE WAIVED DURING ANY TIME THAT THE BUILDING IS RENDERED UNUSUABLE BECAUSE OF DAMAGE RESULTING FROM FIRE, WATER, OR WIND, AS DETERMINED BY THE CITY. XIV . IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE SHALL NOT I SUBLEASE THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE WRITTEN CONSENT OF THE CITY. XV IT IS FURTHER UNDERSTOOD AND AGREED THAT THE FAILURE OF THE PERMITTEE TO COMPLY WITH ANY OF THE TERMS HEREIN PROVIDED SHALL AUTHORIZE THE CITY OR ITS AGENTS, AT THE C17Y'S OPTION, TO CANCEL THIS AGREEMENT AND REPOSSESS THE PREMISES DESCRIBED HEF.EIN. 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 TO IN ANY WAY ENFORCE THE PROVISIONS OF THE LEASE, TEN PERCENT (10,55) OF THIS AMOUNT OF SUCH RECOVERY SHALL BE ADDED TO COVER THE EXPENSE OF SUCH ACTION; SAID TEN PERCENT 00%) SHALL BE IN ADDITION TO ANY COURT COSTS. PERMITTEE WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE CITY OF CORPUS CHRISTI, TEXAS. XVI IT IS FURTHER UNDERSTOOD AND AGREED THAT PERMITTEE SHALL OPERATE THE CONCESSION AS MANY DAYS OF THE YEAR AS IT IS PRACTICAL TO DO SO, DEPENDING ON WEATHER CONDITIONS, FROM MARCH THROUGH OCTOBER. DURING THIS TIME THE CONCESSION SHALL REMAIN OPEN FROM 8:00 A.M. TO 6:00 P.M. WHEN ACTIVITIES ARE HELD ON THE DANCE SLAB, THE CONCESSION SHALL REMAIN OPEN AS LATE AS NECESSARY TO ACCOMMODATE THE PUBLIC. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF 973. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY BY _ R. ARV_ IN TOWNSEND, CITY MANAGER APPROV_D AS TO LIS/IL FOR, IRIS L� DAV r /i ZIC.?^1973: cam_ r�r ll! lie 14. — PERMITTEE LI ��r _ r�I�n_Y� THAT THE FOREGOING ORDINANCE WAS READ FOR FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THEDAY OF //L,fi...�Jl _, 19__Z3, DY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BosouEz, M.D. REV. HAROLD .T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE�� DAY OF___ it BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL . ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO,• SR. {e7, nL - J. HOWARD STARK THAT THE FOREGOING ORDINA CE WAS READ FOR THE THIRD TIME BND PASSED FINALLY ON THIS THE,:29-4,f-,DAY OF -19 -, BY THE FOLLOWING VOTE: • RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH. THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK q �jc,," PASSED AND APPROVED, THIS THE oC , XP-DAY of ATTEST: O ` d CITY ECRETARY MAYOR THE CITY F CO CHRISTI, TEXAS APPROVED: DAY OF �'41G�Ef/ln', 19-7 CITY A]'TORNEY