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Home My WebLink About14534 ORD - 10/04/1978vp:8- 29- 78:lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MR. GABE HERNANDEZ FOR CONCES- SION 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 SET FORTH IN THE AGREEMENT, A SUBSTANTIAL 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 to enter into an agreement with Mr. Gabe Hernandez 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 set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". 14534 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 , 1978, A.D., by and between the City of Corpus Christi, Texas, a municipal corporation, herinafter referred to as "CITY ", and Gabe Hernandez , of Nueces County, Texas, herinafter called "Lessee ": WHEREAS, the Lessee has requested the use of a building located adja- cent to the concrete slab on the Peoples Street T -Head within the City of Corpus Christi, Texas for the purpose of operating a food and drink concession business. The rights of the concession herein granted is the exclusive right 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. I That the City of Corpus Christi hereby grants to the Lessee 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 Lessee the rights of concession, at the concession building on the Peoples Street T -Head subject to the terms, condi- tions and covenants of this contract. III The Lessee shall have the right to conduct sales under the concession grants herein granted at the following location: Concession Building located adjacent to concrete slab on People's Street T -Head. IV The Lessee 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) 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 conspicuous place at every location where merchandise is sold, a schedule of prices which are not in excess of those charged under simi- lar conditions elsewhere in the City. If the Lessee 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 operation within the concession area and properly disposing of any debris or refuse resulting from operation of said concession. (E) Make twice daily inspections of the public restrooms that are located in the same building, checking said restrooms for cleanliness, vandalism, and pervert activity. Any problems related to cleanliness or vandalism should be reported to the Park and Recreation Department or the Marina Department; any problems relating to pervert activity should be reported to the Police Depart- ment. The Park and Recreation Department and the Marina Department will be responsible for cleaning and maintaining the restrooms. (F) Electricity used by Lessee will be provided by the City at no cost to Lessee, except air conditioning equipment and service is at Lessee's expense. V For and in consideration of the rights and privileges herein granted, Lessee hereby agrees to pay to the City 28 percent (28 %) of each month's gross sales derived from said concessions, said payment being due and payable at the Office of the Collection Section of the Finance Department, P.O. Box 9277, 321 N. Mesquite, Corpus Christi, Texas 78408, on or before the tenth day of the following month. VI Lessee hereby agrees to file a certified statement of monthly gross receipts on or before the tenth day of each month with the Director of Finance. The Lessee shall install and keep an adequate system of bookkeeping to be approved by the Director of Finance of the City of Corpus Christi; which books will be available for inspection audit and copying by the Director, his duly authorized agents and representatives during normal business hours. All necessary forms shall be prescribed and approved by the Director of Finance. -2- VII The City retains the right at any time to cancel this agreement upon sixty (60) days written notice to Lessee. VIII It is further understood and agreed that the Lessee 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 mis- conduct on the part of the Lessee, his agents, servants, employees, and assigns, and shall in all ways hold the City harmless from same. IX It is further understood and agreed that the Lessee shall not make alterations, additions, or improvements to said building, without prior writ- ten consent of the Director of Parks and Recreation. All alterations, improve- ments, and additions made by the Lessee upon said building, although at his own cost and expense, shall if not removed by Lessee at any termination 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 Lessee 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 Parks and Re- creation Department. The Parks and Recreation Department shall have the right-at any time to require Lessee to remove, paint or repair any of the signs allowed. Should Lessee not remove, paint or repair said signs within ten (10) days of demand thereof in writing, the Parks and Recreation Department may fulfill its demands and charge the expense of same to Lessee. XI It is further understood and agreed that the City will maintain the building and utility lines serving same and that the Lessee will maintain the interior of the building, including painting and light fixtures. XII It is further understood and agreed that the Lessee shall not sub- lease the leased premises or any part thereof without the written consent of the Parks and Recreation Department. -3- XIII It is further understood and agreed that the failure of the Lessee to comply with any of the terms herein provided shall authorize the City, or its agents, at the City's option; 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 percent (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. Lessee will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. XIV Minimum hours of operation of the concession shall be daily from 10:00 a.m. to dark as many days of the year as it is practical to do so, as determined by the Director of Park and Recreation, depending on weather conditions from March through November. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, this the day of 1978. ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 1978 City Attorney Lessee GABE HERNANDEZ t_s irector of ance That the foregoing ordinance was read for 4e first time and pas d , to its second reading on this the_ PO day of ((AU 19� by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance as read for %y{ee second ti a and passed to its third reading on this the—_(o day of_,�1� 19 y8 by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinanc wa r ad for the thi time and passed finally on this the q- of ,� tiv , 1g� , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the,_ day of ATTEST: Gizy Secretary MAYOR rio-Aq AP ROVED: �j THE CITY OF CORPUS CH ISTI, TEXAS DAY OF C ,19 d: J. BRUCE AYCOCK, C Y ATTORNEY By Assistant Attorney 14531