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Home My WebLink About12627 ORD - 06/04/1975MLM :vMR:6 -3 -75 ;1ST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH BRYAN L. HAWN FOR A FOUR -MONTH CONCESSION ON MC GEE BEACH, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS-CHRISTI, SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LEASE AGREEMENT WITH BRYAN L. HAMON FOR A FOUR -MONTH CONCESSION ON MCGEE BEACH COMMENCING WITH THE EXECUTION OF THE AGREEMENT ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT THE CONCESSION OPERATION MAY BE COM- MENCED WITHOUT DELAY 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �OAY OF JUNE, 1975• ATTEST Y SECRETARY 44Z A OVED: DAY OF JUNE, 1975 CITY ATTORNEY (2,._� ,� MAYOR T IIECITY OF CORPUS CHRISTI, TEXAS 12627 w MLM:VWR :6- 3- 75 ;lST THE STATE OF TEXAS [ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES j THAT THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ", AND BRYAN HAMON), HEREINAFTER CALLED "PERMITTEE"; AND WHEREAS, THE PERMITTEE HAS REQUESTED THE USE OF A PORTION OF THE BEACH LOCATED ON MCGEE BEACH WITHIN THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, THE PERMITTEE DESIRES THE PRIVILEGE OF USING THE ABOVE DESCRIBED AREA FOR THE SPECIFIC PURPOSES HEREIN LISTED, TO -WIT: (1) TO SELL WRAPPED SANDWICHES, SOFT DRINKS, CHIPS, CANDIES, WRAPPED SNACKS, AND ICE, (2) RENTAL OF FLOATS, AND OTHER RELATED BEACH EQUIPMENT. SPECIFY ITEMS: (SURFBOARDS ARE NOT ALLOWED IN THE MCGEE BEACH SWIMMING AREA.) SURF FLOATS, INNER TUBES, BEACH MATS, SUN LOTIONS THE LEASED AREAS SHALL BE USED FOR THE ABOVE LISTED PRIVILEGES AND FOR NO OTHER PURPOSES. THEREFORE, WITNESSETH THIS AGREEMENT, THAT FOR AND IN CONSIDERATION OF THE PREMISES AND COVENANTS, AGREEMENTS AND STIPULATIONS HEREIN CONTAINED AND SET FORTH, THE FOLLOWING PERMIT IS ISSUED AND AGREEMENT IS HEREBY ENTERED INTO, TO -WIT: THAT THE CITY OF CORPUS CHRISTI HEREBY GRANTS TO THE PERMITTEE THE USE OF THE PROPERTY DESCRIBED FOR THE SPECIFIC PURPOSES HERETOFORE ENUMERATED AND SUCH PRIVILEGE IS GRANTED FOR A PERIOD OF FOUR (4) MONTHS FOR THE USE OF THE DESCRIBED PROPERTY, SAID USE TO BEGIN UPON EXECUTION OF THIS AGREEMENT. 11 FOR AND IN CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED, PERMITTEE HEREBY AGREES TO PAY THE CITY EIGHT PERCENT OF GROSS SALES DERIVED FROM SAID CONCESSIONS, SAID PAYMENT BEING DUE AND PAYABLE ON THE TENTH OF EACH MONTH DURING THE TERM OF THIS AGREEMENT. III PERMITTEE HEREBY AGREES TO FURNISH TO THE CITY CERTIFIED MONTHLY STATEMENTS OF GROSS BUSINESS, BROKEN DOWN INTO INDIVIDUAL DATES, ACCORDING TO CURRENT ACCEPTED ACCOUNTING PROCEDURES PRESCRIBED BY THE DEPARTMENT OF FINANCE. IV THE CITY RETAINS THE RIGHT AT ANY TIME TO FOREFEIT SUCH USE PRIVILEGE AGREEMENT AND MAY CANCEL THIS PERMIT UPON THIRTY (30) DAYS NOTICE TO PERMITTEE. .THE CITY RESERVES THE RIGHTS UPON WRITTEN NOTIFICATION TO THE PERMITTEE, TO CLOSE THE BEACH OR A PORTION OF THE BEACH BECAUSE OF UNANTICI- PATED REQUIREMENTS UNDER THE CONSTRUCTION CONTRACT OF A PERMANENT FACILITY. THE SAND RESTORATION PROJECT WILL EFFECT THE ENTIRE BEACH. THE NEEDS OF THE CONTRACTOR ARE PARAMOUNT TO THE RIGHTS OF THE PERMITTEE UNDER THIS SHORT -TERM CONCESSION AGREEMENT. V PERMITTEE SHALL NOT ASSIGN NOR CONVEY ANY OF THE RIGHTS HEREIN GRANTED WITHOUT THE WRITTEN APRROVAL OF THE CITY FIRST HAD AND OBTAINED. Vl THE PERMITTEE SHALL BE RESPONSIBLE FOR THE FOLLOWING: (A) COMPLIANCE WITH ALL CITY HEALTH REGULATIONS 4ND ORDINANCES OF THE CITY OF CORPUS CHRISTI AS THEY AFFECT THE CONCESSION OPERATION. (B) WORKMAN*S COMPENSATION INSURANCE AND APPROVED PUBLIC LIABILITY INSURANCE, INCLUDING POISONING OR ILLNESS FROM FOOD OR DRINK IN THE AMOUNT OF $100/300,000; $1050,000 PROPERTY DAMAGE INSURANCE AND INDEMNIFICATION OF THE CITY AGAINST ALL CLAIMS RESULTING FROM THE OPERATION OF THE CONCESSIONAIRES HIS AGENTS, SERVANTS, EMPLOYEES, AND ASSIGNS. (C) POSTING IN A CONSPICUOUS PLACE AT EVERY LOCATION WHERE MERCHAN- DISE 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 ITEM OTHER THAN THOSE LISTED HEREIN HE MUST FIRST RECEIVE THE APPROVAL OF THE DIRECTOR OF THE PARK AND RECREATION DEPARTMENT. (D) MAINTAINING A CLEAN AND NEAT OPERATION WITHIN THE CONCESSION AREA AND PROPERLY DISPOSING OF ANY DEBRIS OR REFUSE RESULTING FROM OPERATION t 2 OF SAID CONCESSION. (E) FILING OF A FINANCIAL STATEMENT WITH THE PARK & RECREATION DEPARTMENT ON OR BEFORE THE TENTH DAY OF EACH MONTH AND AT THE TIME PAYING CITY ITS SHARE OF GROSS RECEIPTS FOR A PREVIOUS MONTH. CITY WILL PROVIDE ALL NECESSARY FORMS. VII IT IS UNDERSTOOD BETWEEN THE PARTIES THAT THE CITY IS PROVIDING NO FACILITIES OR UTILITIES, MERELY THE PERMISSION TO SELL ON THE BEACH. VIII IT IS 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 AND ALL CLAIMS OR LOSSES THAT MAY RESULT TO THE CITY FROM ANY NEGLECT OR MISCONDUCT ON THE PART OF THE PERMITTEEy HIS AGENTSy SERVANTS EMPLOYEESy AND ASSIGNS, AND SHALL IN ALL WAYS HOLD THE CITY HARMLESS FROM SAME. IX IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE SHALL NOT MAKE IMPROVEMENTS ON THE BEACH WITHOUT PRIOR WRITTEN CONSENT OF THE CITY AND ALL ALTERATIONS IMPROVEMENTS, AND ADDITIONS MADE BY THE PERMITTEE, ALTHOUGH AT HIS OWN COST AND EXPENSE, SHALL IF NOT REMOVED BY PERMITTEE AT ANY TERMINA- TION HEREOF BECOME THE PROPERTY OF THE CITY IN FEE SIMPLE WITHOUT ANY OTHER ACTION OR PROCESS OF LAW. X IT IS FURTHER UNDERSTOOD AND AGREED THAT PERMITTEE SHALL NOT PLACE, 1 PAINT OR OTHERWISE AFFIX ANY SIGNS, ATE ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF, EXCEPT AS AND WHERE FIRST APPROVED IN WRITING BY THE PARK & RECREATION DEPARTMENT. THE PARK & RECREATION DEPARTMENT SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVES PAINT OR REPAIR ANY OF THE SIGNS ALLOWED. XI IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE SHALL NOT PLACE ICE MAKING MACHINE, ICE BOXES, OR STORAGE BOXES IN OR AROUND THE LEASED PREMISES WITHOUT PRIOR WRITTEN APPROVAL OF THE DIRECTOR OF THE PARK & RECREATION DEPARTMENT. 3 XII IT IS FURTHER UNDERSTOOD AND AGREED THAT THE MONTHLY RENTAL FOR SAID LEASED AREA WILL BE WAIVED DURING ANY TIME THAT THE BEACH IS RENDERED UNUSABLE. XIII IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE IS OBLIGATED TO KEEP THE FACILITY OPEN DURING THE HOURS NECESSARY TO MEET THE NEEDS OF THE PUBLIC, INCLUDING WEEKENDS AND HOLIDAYS. XIV IT IS FURTHER UNDERSTOOD AND AGREED THAT THE FAILURE OF THE PERMITTEE TO COMPLY WITH ANY OF THE TERMS HEREIN PROVIDED SMALL AUTHORIZE THE CITY, OR ITS AGENTS, AT THE CITY'S OPTIONS; TO CANCEL THIS AGREEMENT 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 TO IN ANY WAY ENFORCE THE PROVISIONS OF THE LEASE, TEN PER- CENT (10 %) OF THIS 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. PERMITTEE WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE CITY OF CORPUS CHRISTI. WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF 1975• ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF 1975 ACTING CITY ATTORNEY PERMITTEE CORPUS CHRISTI, TEXAS DAY OF 19L TO THE MERQERS OF THE CITY COUNCIL CC�PUS CHRISTI, TEXAS 'OR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORCINANCE, 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; 1, 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: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE WLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE