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HomeMy WebLinkAbout020902 ORD - 04/03/1990AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT TO PROVIDE CONCESSIONS SERVICES AT THE BAYFRONT PLAZA CONVENTION CENTER AND THE MEMORIAL COLISEUM, BEGINNING 2:01 A.M., JUNE 3, 1990, AND EXTENDING THROUGH 2:00 A.M., JUNE 3, 1995, WITH NOBLE FOOD SERVICE, INC; ALL AS MORE FULLY SET FORTH IN THE LEASE 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 is hereby authorized to execute a lease agreement to provide concessions services at the Bayfront Plaza Convention Center and the Memorial Coliseum, beginning 2:01 A.M., June 3, 1990, and extending through 2:00 A.M., June 3, 1995, with Noble Food Service, Inc.; all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". A 1 TEST: CITY SECRETARY (MAYOR CITY OF CORPUS CHRISTI, TEXAS APPROVED: J DAY OF , 1990 HAL GEORGE CITY ATTORNEY MICROFILMED AGREEMENT THE STATE OF TEXAS > COUNTY OF NUECES > KNOW ALL BY THESE PRESENTS: This contract made and entered into effect on this by and between the City of Corpus Christi, a municipal corporation, (hereinafter called `City"), and Noble Food Service, Inc. (hereinafter called "Concessionaire"). WITNESSETH: WHEREAS, the City desires to have a concessionaire to serve the public at the Bayfront Plaza Convention Center and Memorial Coliseum, and WHEREAS, Concessionaire presented the best proposal in competition with others for the operation of concessions in the Bayfront Plaza Convention Center and Memorial Coliseum, NOW THEREFORE, for and in consideration of the premises, and of the mutual covenants and agreements herein contained, and other valuable considerations, the City and Concessionaire agree as follows: CONCESSION PREMISES AND RIGHTS SECTION 101. CONCESSION PREMISES: The City will provide and make available to the Concessionaire the following: A. Bayfront Plaza Convention Center: 1. AUDITORIUM BAR - The Auditorium Bar is a permanent circular bar located in the Lounge of the Auditorium. Beverage lines from this bar may be run to the adjacent storage room; however, building staff members must have access to the circuit breaker panels. In addition, caterers will, on occasion, need to get ice and use the circular bar for serving food and washing dishes. The Concessionaire will allow this at no charge. The bar and storage room will be cleaned by the caterer and returned to the Concessionaire at the conclusion of the event. 2. CENTRAL CONCESSION AREA - The Central Concession Area includes two offices, a concession stand, commissary, and storage area. This unit is located at the South end of the facility, and is accessible to both the Exhibit Hall and the dock area. 3. KITCHEN - The Kitchen is located adjacent to the Banquet Hall on the second level of the Convention Center. It is serviced by a freight elevator to the Exhibit Hall on the first level and three loading docks on the parking level. Although the City desires that the Concessionaire make use of this area, the Kitchen will also be used by other caterers. Whenever the Concessionaire uses the Kitchen, the City will require that it be cleaned at the termination of the event. A catered function in the Banquet Hall will usually have top priority for the use of the Kitchen, unless other arrangements have been made in advance with the Convention Center Manager or the Convention Center Scheduling Supervisor. 4. PORTABLE LOCATIONS - Much of the concession activity will take place from portable locations. The number and location of these portable stands or bars will be agreed upon by the Lessee, the Concessionaire and the Convention Center Manager. 5. EQUIPMENT - City -owned concession equipment at the Bayfront Plaza Convention Center is shown in Attachment "A". B. Memorial Coliseum: 1. PERMANENT STANDS - Two (2) 62' X 5' stands with sinks, work areas and approximately three hundred (300) square feet of enclosed space for inventory storage and office. 2. PORTABLE LOCATIONS - From time to time, the City will permit portable concession stands to be located throughout the building. The number and locations of these temporary areas will be agreed upon by the Coliseum Manager and the Concessionaire for each event. 3. EQUIPMENT - City -owned concession equipment at Memorial Coliseum is shown in Attachment "B". SECTION 102. CONCESSION RIGHTS: A. Rights Granted: The City hereby grants to the Concessionaire, subject to the terms and conditions of this agreement, the exclusive concession rights to the following: 1. ALCOHOLIC BEVERAGES - The concession (cash) sale of alcoholic beverages in the Bayfront Plaza Convention Center and Memorial Coliseum. 2. FOOD AND NON-ALCOHOLIC BEVERAGES - The concession (cash) sale of food and non-alcoholic beverages intended for consumption at the Bayfront Plaza Convention Center and Memorial Coliseum, except that fair or festival -type events may be excluded if, in the opinion of the Facility Manager, the selling of such items from booths is an important part of the event. In addition, the Jehovah's Witnesses shall be allowed to sell food to themselves, and the Concessionaire shall not share in any of these revenues. The exclusive rights granted herein shall also not be construed so as to prevent or prohibit an exhibitor from distributing without charge a sample portion of the type of food or merchandise which is manufactured and distributed in the normal course of the exhibitor's business or from selling food items for consumption off the premises. 3. NOVELTIES, PROGRAMS & SOUVENIRS - The sale of novelties, souvenirs, programs, records and tapes at public concerts at the Bayfront Plaza Convention Center and Memorial Coliseum. Other types of public and private events are excluded. With the approval of the Facility Manager, the Concessionaire may sell souvenirs to people attending conventions. The location of the sales area will be negotiated between the Concessionaire, the Facility Manager and the Lessee for each event. The Concessionaire will not have exclusive rights to this activity, as conventions may also wish to sell such items to their attendees. 4. VENDING MACHINES - The sale of beverages, snacks and tobacco products from vending machines at the Bayfront Plaza Convention Center and Memorial Coliseum, with the exception that the City reserves the right to arrange for its own vending machines in non-public areas. The locations, numbers and types of vending machines will be decided by the Concessionaire and the Facility Manager. B. Subcontracts: Concession items such as programs, novelties, song books, autographed pictures, records, tapes, T-shirts, etc., usually carried by traveling shows and not normally stocked by Concessionaire, and additional stands set up on a temporary basis for this purpose with equipment not owned by City or Concessionaire are considered as subcontracts. Privilege agreements between Concessionaire and the -3- subcontractor for such items must be approved by the Facility Manager and, in case of a dispute, the decision of the Director of Convention Facilities shall be final. C. The City reserves the right to: 1. Handle catering separately and independently from the concession contract. The exclusive rights granted shall not be construed to prevent or prohibit either the City or any of its lessees from engaging the services of a caterer of its own choosing to stage banquets or other events involving catered food or non-alcoholic beverages. 2. 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 Concessionaire. 3. Sell space for either temporary or permanent signs. The Concessionaire shall not engage in this activity at the Bayfront Plaza Convention Center or Memorial Coliseum. 4. Approve the form of and price of products to be sold and to require the containers to be suitable for consumption of the products on premises immediately after the sale. A suitable print pattern shall be used on all containers, cups, bags, plasticware, etc. used by Concessionaire. Under no conditions shall there be any reuse of these containers by Concessionaire after initial sale or use. 5. To superintend sales, to the extent that sales shall be at and for a reasonable length of time before and after the time of the performance or function being served, so as to insure that the sales will not interfere with the conduct of the performance or function being served. Should the Concessionaire's method of operation, or manner of exercising the exclusive rights granted herein, interfere with or disrupt any performance or event scheduled or in progress, Concessionaire will modify its method of operation or manner of exercising its exclusive rights hereunder to meet with the approval and satisfaction of the Facility Manager. 6. To superintend the maintenance, cleanliness and sanitation of all concessions areas. 7. Make final decisions on matters which may arise, not specifically covered in this contract, including the interpretation thereof. -4- SECTION 103. ALCOHOLIC BEVERAGES: A. Sale of Alcoholic Beverages: The sale of alcoholic beverages will be permitted from locations approved by the Facility Manager and will be conducted in accordance with regulations established by the Director of Convention Facilities. In addition, bring -your -own -bottle (BYOB) events may be allowed in the Coliseum or in the unlicensed portion of the Bayfront Plaza Convention Center with the approval of the Facility Manager. If this occurs, the Concessionaire will utilize his beer license to provide beer. The Concessionaire will also sell ice and setups. The City may, at its discretion, discontinue the policy of allowing BYOB events at any time during the term of this agreement by giving the Concessionaire written notice. B. Licenses required by Concessionaire: 1. BAYFRONT PLAZA CONVENTION CENTER: The Concessionaire is required, at Concessionaire's expense, to obtain and maintain a mixed beverage permit for the Auditorium portion of the Bayfront Plaza Convention Center. In addition, Concessionaire shall hold a caterer's permit for mixed beverages so that alcoholic beverages may be served, when appropriate, in the unlicensed portions of the Bayfront Plaza Convention Center. Upon permission of the Convention Center Manager or the Director of Convention Facilities, Concessionaire may also temporarily license an area using the Concessionaire's beer license from the Coliseum. 2. MEMORIAL COLISEUM: Concessionaire will, at Concessionaire's expense, hold a beer only (BE) license at Memorial Coliseum. If the City decides not to allow BYOB events in City facilities, the Concessionaire may be required to have a mixed beverage permit in order to provide a full range of alcoholic beverages to the public. If this occurs, the City will give Concessionaire written notice and (60) days to get a mixed beverage permit for the Coliseum. C. Interim Arrangements: If the Concessionaire's beverage permits have not been approved in time to be able to provide individual sales of alcoholic beverages at events during the early part of the term of this agreement, the City may make a temporary arrangement with a local holder of a valid caterer's permit to provide this service. The Concessionaire would not share in the receipts of any such revenues. D. Serving Policies: 1. AUDITORIUM (INCLUDING LOBBIES, LOUNGE AND REHEARSAL HALL): Alcoholic beverages may be served only by the Concessionaire. A lessee may arrange for alcoholic beverages by contracting with the Concessionaire. No beverages will be allowed to be brought into the Theatre itself. -5- 2. EXHIBIT HALL, BANQUET HALL, MEETING ROOMS AND PLAZA: These areas shall remain unlicensed so that the following may take place: a. Events sponsored by a department of the City may bring in their own alcoholic beverages without restriction. b. Lessees may bring in their own wine and champagne to serve free - of -charge to their guests if no other alcoholic beverages are to be served. c. Lessees holding catered functions may accept bids from appropriately licensed caterers to serve alcoholic beverages. d. BYOB events may be held in all unlicensed areas of the Bayfront Plaza Convention Center, upon approval of the Convention Center Manager. Normally, these events, however, will take place in the Exhibit Hall. In order to have such an event, it must be requested by the lessee and be approved by the Convention Center Manager. 3. MEMORIAL COLISEUM: The Concessionaire may serve beer. Upon approval of the Coliseum Manager, BYOB events may occur. E. Control Of Alcoholic Beverages: Alcoholic beverages may not be served at any event: 1. If the lessee of the facility desires that no alcoholic beverages be served; or 2. If the Facility Manager or the Director of Convention Facilities determines that it is not appropriate for alcoholic beverages to be served; or 3. If any violation of any law or regulation would occur. The Concessionaire will exercise good judgement and must be able to terminate the serving of alcoholic beverages if, in the opinion of the Director of Convention Facilities, the Facility Manager or the Facility Manager's representative, it becomes necessary to do so. F. Sale Of Alcoholic Beverages: The sale of alcoholic beverages will be permitted from locations approved by the Facility Manager and will be conducted in accordance with regulations established by the Director of Convention Facilities. G. Training: All employees who are involved in the serving of alcoholic beverages must be certified through a TAM or ABC approved program. -6- SECTION 104. CATERED FUNCTIONS: A catered function shall be defined as any function that employs the services of a caterer to provide food and/or beverages to its attendees at no additional charge other than the price of admission. The Bayfront Plaza Convention Center and Memorial Coliseum shall be open for the catering of food and non-alcoholic beverages by any reputable caterer, provided the caterer has executed a catering agreement with the Facility. The catering of alcoholic beverages in the unlicensed portions of the Bayfront Plaza Convention Center may also be open to any reputable caterer who has the appropriate license, provided the caterer has executed a catering agreement with the Facility. The Concessionaire may bid on catered events just like any other caterer. If successful, the Concessionaire will notify the Facility Manager of the catering and provide setup information to the facility. Since many different caterers will be doing business in the Bayfront Plaza Convention Center, it is essential that the Concessionaire make specific arrangements for the use of the Kitchen for each event being serviced. Other caterers may need access to some of the Kitchen facilities at the same time. The Convention Center Manager will have the final decision concerning disputes between caterers regarding the use of the Kitchen. City -owned equipment which is not specifically provided free under this agreement may be rented from the Facility at standard rates. When serving as a caterer, the Concessionaire will avoid creating any unnecessary mess and endeavor to protect the carpet (if any) in the serving areas. Upon termination of the catering, the Concessionaire will clear all tables, clean the kitchen (if used), and bring all trash to the designated refuse location. When operating as a caterer, the Concessionaire will pay for any damage to the building or City -owned equipment which is caused by the Concessionaire or those employed by Concessionaire. If Concessionaire fails to properly clean the kitchen after its use, the City will bill the Concessionaire for the cost of the labor hired to perform this task plus reasonable administrative fees. The Concessionaire agrees to pay to the City ten percent (10%) of the gross receipts charged to the lessee for all food, non-alcoholic and alcoholic beverage catering. The Concessionaire will submit a report of gross receipts and an itemized copy of the invoice to the lessee and make payment of all fees due to the City on the 10th day of the following month. SECTION 105. FESTIVALS: Nonprofit groups often use the Bayfront Arts and Sciences Park or the old City Hall site/parking lot for large festivals. These festivals may, on occasion, use the Plaza or the old Exposition Hall slab as part of the festival site. Since the concessionaire has the concession rights to these two areas, the concessionaire is expected to cooperate with such groups to promote the success of such festivals by accepting their tickets/chits at the point of sale for later redemption. The concessionaire also agrees to remit the normal rent paid to the City. -7- SECTION 106. BUCCANEER DAYS: The City has a separate agreement with the Buccaneer Commission concerning Buccaneer Days. As a result of this agreement, Concessionaire will have the normal concession rights inside of the Coliseum; however, Concessionaire will not have any rights to, or receive any revenue from, activities associated with Buccaneer Days which occur outside of the Coliseum (including the old Exposition Hall slab), except as allowed by the Buccaneer Commission and the Coliseum Manager. TERM SECTION 201. TERM: The term of this agreement shall begin at 02:01 AM. June 3, 1990, and run until 2:00 AM. June 3, 1995. This agreement may be extended month by month for up to six (6) months by the City Manager with the concent of the Concessionaire. SECTION 202. SURRENDER OF POSSESSION: No notice to quit possession at the expiration date of the term of this Agreement shall be necessary. Concessionaire covenants and agrees that at the expiration date of the term of this Agreement, or at the earlier termination thereof, it will peaceably surrender possession of the Concession Premises in good condition, reasonable wear and tear, and acts of God excepted, and the City shall have the right to take possession of the Concession Premises with or without due process of law. PAYMENTS SECTION 301. CONCESSION RENTAL: For the rights and privileges granted, the Concessionaire shall pay the City, through its Convention Center Manager and Coliseum Manager, each month during the term hereof, the following amounts: A. The percentage of gross sales on all concession items sold, shall be as follows: Bayfront Plaza Convention Center: All Alcoholic Beverages (Except Beer) - 25% All Beer Sales - 30% All Soft Drinks - 30% All Non -Alcoholic Food & Beverage Sales - 30% Memorial Coliseum: All Alcoholic Beverages (Except Beer) - 25% All Beer Sales - 40% -8- All Soft Drink Sales - 40% All Non -Alcoholic Food & Beverage Sales - 35% B. When the Concessionaire subcontracts for the sale of novelties, programs, T- shirts, caps, pictures, souvenirs, etc., a fee of 20% of sales will be charged the subcontractor as a house privilege. A flat 75% of these monies will be paid the City. This is to include sales of every nature by any subcontractor, including vending machines. C. When the Concessionaire acts as a retailer, selling the following items: T-shirts Toiletries Souvenirs Postcards Novelties Pictures Tapes Caps/ Hats Records Emblems A flat fee of 10% of sales shall be deemed the amount owed the City. When the Concessionaire operates as a caterer, A flat fee of 10% of gross receipts will be paid to the City on food, non-alcoholic and alcoholic beverage sales. If the City decides to change the standard percentage paid on catering at the Bayfront Plaza Convention Center and Memorial Coliseum, the concessionaire will be required to pay the new rate (along with the other caterers). SECTION 302. NOTICE, PLACE AND MANNER OF PAYMENTS. Payments shall be made by check at the office of the City's Coliseum Manager for all concession and catering activity at Memorial Coliseum and at the office of the City's Convention Center Manager for all concession and catering sales at the Bayfront Plaza Convention Center. All payments shall be made in legal tender of the United States. SECTION 303. PAYMENTS. All payments due the City shall be due and payable without demand at the office of the Coliseum Manager and Convention Center Manager. Payments from any calendar month shall be due on the 10th day of the following month. This day shall be considered the due date for all intents and purposes. Any payment which is not made by this date shall bear a service charge of one and one-half percent (1.5%) per month from the date it became due until the date it is paid. Concessionaire agrees that it shall pay and discharge all costs and expenses including attorney's fees incurred or expended by the City in collection of said delinquent amounts due including service charges. -9- REPORTING SECTION 401. EVENT REPORTS. The Concessionaire will be required to furnish the City a daily report of gross sales on each event serviced. This report will be submitted on forms provided by the City, and must he turned into the office of the Coliseum Manager for events which have taken place at Memorial Coliseum and to the office of the Convention Center Manager for events which have taken place at the Bayfront Plaza Convention Center. These reports shall be submitted no later than 5:00 P.M. of the first working day after the event has taken place. This form will be signed by the Concessionaire or the Concessionaire's designated representative. Cash registers will be used by the Concessionaire to record sales whenever possible, and the tape from each register used for an event will be attached to the corresponding concession report. The location of the register will be written on the tape and it must be verified and signed by the person that operated the register. If a register is not used, a cash slip must be prepared for each location that cash was received. This slip must be verified and signed 1 y a person working at that location. In no case shall the person who signed the cash register tape or cash slip be the same person that signed the concession report. In the case of subcontract of novelties, records, tapes or souvenirs, the Concessionaire shall include a copy of the cash receipt given the vendor. SECTION 402. BANK ACCOUNT. The Concessionaire shall establish a separate commercial account at a bank in Corpus Christi, Texas diverse from any other accounts, which shall be exclusively used for all receipts involved in the Concessionaire's operations with the City of Corpus Christi. SECTION 403. ACCOUNTING, RECORDS, EQUIPMENT AND REPORTS. The Concessionaire shall at all times during the term hereof keep true, accurate, complete and auditable records, in a form satisfactory to the Director of Finance of the City of Corpus Christi, Texas. The Concessionaire further agrees that the Facility Manager or his duly authorized agents or representatives shall have the right to examine all pertinent books and records at any and all reasonable times for the purpose of determining the accuracy thereof and of the provisions hereof. The making of any willfully false report of revenue by the Concessionaire shall be grounds for the immediate cancellation and termination of this Agreement at the option of the City. Any such report which shall understate the gross by as much as 10% of the true amount thereof shall be conclusively deemed to have been knowingly and falsely furnished by Concessionaire. 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 Concessionaire. Aside from permanent books, ledgers, journal accounts and records, the Concessionaire will not be required to retain beyond twelve (12) months following the completion of any year of the term hereof collateral papers and forms such as: Original - 10 - invoices, sales checks or slips, cash register and adding machine tapes and analogous supporting data. The Concessionaire shall, upon the receipt of written request from the Director of Convention Facilities, prepare and submit such reports and analyses of the operation of the concessions under this Agreement in such form and content as the City may reasonably require in the administration of this Agreement. The Concessionaire shall submit to the Coliseum Manager and Convention Center Manager a copy of all reports that are made to the Texas Alcoholic Beverage Commission, and also a copy of all quarterly sales tax and use tax reports. In addition, the Concessionaire shall provide the Director of Convention Facilities with an annual financial statement. This shall be submitted not later than 60 days after the close of each year of the term of this Agreement. At the City's option and with written notice made within one (1) year after the end of each year of the term of this Agreement, the City may cause an inspection and audit to be made of the books and records of Concessionaire and of its sub -lessees, sub -concessionaires, and sub -licensees relating to its operations on the Concession Premises. Such audit shall be made to determine the correctness of the computation of the Concession Rental paid by the Concessionaire for the preceding year. If, as result of such inspection and audit, it is established that additional Concession Rental payments are due, Concessionaire shall pay such additional rent to the City upon written demand made by the City not later than thirty (30) days after completion of such audit and inspection. If the results of such audit reveal a difference of more than two percent (2%) between Gross Receipts reported by Concessionaire and Gross Receipts as determined by the audit, the cost of the audit shall be paid by the Concessionaire. CONCESSIONAIRE OPERATIONS SECTION 501. OCCUPANCY OF PREMISES. The Concessionaire agrees to improve, equip and maintain the Concession Premises as provided in Sections 601-607 hereof. The Concessionaire agrees that it will not permit any act of omission or commission or any condition to exist on the Concession Premises which would increase the premium rate of insurance thereof or on the building or invalidate any such insurance. SECTION 502. HOURS OF OPERATION. Except as otherwise provided in this Agreement, the Concessionaire agrees to operate the concessions granted herein when any event or attraction is scheduled in the facilities, unless approval not to operate is granted by the Facility Manager. The Concessionaire shall have the concession open and in operation a reasonable time before, during and after all events as determined by the Facility Manager. SECTION 503. PERSONNEL The Concessionaire shall be entitled to a reasonable number of employees on the premises who shall be permitted free admission to the facilities provided that the number of such employees is approved by the Facility Manager. - 11 - Concession employees shall be admitted in accordance with the regulations established by the Facility Manager. The Concessionaire agrees to employ, train and supervise personnel with appropriate qualifications and experience and in sufficient number to provide all the services appropriate for the concessions granted herein with a minimum of delay for the patrons. The Concessionaire shall not employ anyone under the age of sixteen (16) years. The Concessionaire shall abide by all federal, state and Local laws, rules and regulations concerning the hiring and employment of its employees. Employees shall be clean, neat, courteous, efficient, properly trained and attendant to patrons of the facilities. Employees shall be attired in clean uniforms at all times when the facility is open to patrons and shall wear a badge with the employee name or number legibly imprinted. The type and design of the uniforms and identification badges are subject to the approval of the Facility Manager. If, in the opinion of the Facility Manager, insufficient personnel are assigned to any event, he may require the Concessionaire to add sufficient personnel to service the patrons adequately and the Concessionaire shall promptly do so. SECTION 504. SOLICITATION OF BUSINESS. The Concessionaire's solicitation of business shall be confined to the stands, booths or other locations specifically indicated in the Exhibits hereto or otherwise assigned to the Concessionaire by the Facility Manager and to a walking vendor program specifically approved by the Facility Manager for each event or attraction as to merchandise offered, periods of sale, and number of walking vendors. The Concessionaire agrees that the Facility Manager may be the sole judge of whether or not walking vendors, portable stands or permanent stands shall be permitted to sell their wares during any performance or meeting held in any part of the facilities. The manner of callers, criers, hawkers, or the use of signs or ether means of calling attention to or selling Concessionaire's merchandise shall be subject to approval of the Facility Manager. The Concessionaire agrees that alcoholic beverages will not be sold or exhibited for sale at its stands or bars when a lessee has made his lease with the understanding that alcoholic beverages will not be sold or exhibited for all or for specified periods within his lease term of the facility. The City will give timely notice to the Concessionaire of any such restrictions in a lease of the facilities. SECTION 505. DELIVERIES. Deliveries of all supplies, goods, wares, merchandise, and equipment to the Concessionaire shall be made as designated by the Facility Manager. The Concessionaire is responsible for accepting all deliveries to his operation and shall schedule deliveries outside event hours in the facility, whenever possible. SECTION 506. RESTRICTION ON SALES BY OTHERS. The City will use all legal means at its disposal to prevent vendors and peddlers not employed by the Concessionaire from vending or distributing their wares upon the premises under the control of the City . It - 12- is understood, however, that exhibitors may give away sample -size products or sell merchandise intended for consumption off -premises. SECTION 507. CONDUCT OF OTHER BUSINESS. The Concession Premises used by the Concessionaire in the facility shall be used solely for the transaction of business directly related to the obligations of this Agreement. Foods and beverages prepared or stored at the facilities, or novelties or other merchandise for sale stored at the facilities, may not be sold for consumption off -premises, without approval of the Facility Manager. It is the intent that relief may be granted from the restrictions of this section in instances of inventory problems arising from conditions beyond the control of the Concessionaire. SECTION 508. PRICE AND QUALITY OF MERCHANDISE. As a general policy, prices for merchandise for sale shall not be higher than those charged for the same quality merchandise at comparable facilities elsewhere. Prices must be posted by the Concessionaire on display at all stands and on vendor's equipment. Permanent display signs shall not be gaudy or offensive and the final design and location of all posted prices shall be subject to the approval of the Facility Manager. The prices, quality and unit quantity of all consumable merchandise offered for sale shall be as approved in advance by the Facility Manager. Within 15 days of the execution of this Agreement, the Concessionaire shall submit a detailed `Price Schedule" for all items to be sold. This schedule shall list the proposed weight and content of each item offered for sale. The Concessionaire, the Director of Convention Facilities and the Facility Managers shall periodically review the general price structure of all commodities sold and may, by agreement in writing, for good cause show, an increase or decrease in the price of any article to be offered for sale. If the Concessionaire desires to offer for sale any article not included in an approved "Price Schedule", the Concessionaire may be allowed to sell the article after obtaining written approval from the Facility Manager. If the Concessionaire desires to substitute any article for an article listed in the approved `Price Schedule", the written approval of the Facility Manager must be obtained. SECTION 509. CONSUMABLE MERCHANDISE. Concessionaire will offer customers food, drink, and other consumable merchandise of first quality and standard quantity. Consumables shall be wholesome and pure and shall conform in all respects to federal, state and local food laws, ordinances and regulations. All merchandise kept for sale shall be subject to inspection and approval or rejection by the Facility Manager or duly authorized representatives of appropriate governmental agencies. - 13 - Unless otherwise approved by the Facility Manager, all beverages shall be sold in paper or plastic cups. The Concessionaire shall use leakproof baskets or containers, and exercise caution to prevent the scattering of bottle caps, wrappers, napkins or other items on the floor. SECTION 510. NON -CONSUMABLE MERCHANDISE. Non -consumable merchandise to be offered for sale shall be approved, together with prices, by the Facility Manager. Non- consumable merchandise shall be sold only at such times and in such locations as approved by the Facility Manager. Novelties or souvenirs offered for sale shall be consistent with generally acceptable social standards in the area and shall not be hazardous or dangerous when used in their normal manner. SECTION 511. ADVERTISING. Concessionaire agrees that all merchandise offered for sale shall be handled without the use of special advertising, signs, displays or oral trade names. Concessionaire further agrees not to cause, suffer or permit the advertising on its adjacent grounds, whether for display, advertising or other allowances or otherwise, without the prior written approval of the Facility Manager. SECTION 512. TEMPORARY OR PORTABLE CONCESSION STANDS. The Concessionaire shall acquire no rights to locations of temporary or portable concession stands as may be approved from time to time by the Facility Manager. The City reserves the right to require the Concessionaire to move temporary or portable stands and equipment when the needs of events in the facilities so require. Unless approved in advance by the Facility Manager, all portable stands will be returned to the storage areas immediately upon the conclusion of the event being served. The Concessionaire shall furnish at its own expense all labor, equipment and supplies for the moving and setting up or dismantling of temporary or portable stands in such locations as approved by the Facility Manager. The Concessionaire may use at no additional charge, available tables and chairs belonging to the City for the purpose of providing seating adjacent to concession or cafeteria locations for the purpose of selling concession items. The Concessionaire is responsible for setting up, maintaining and taking down any such tables and chairs. SECTION 513. OPERATING OBJECTIVES. The Concessionaire shall endeavor constantly to improve the operations with the objectives of developing maximum gross receipts potential and service to the patrons. IMPROVEMENT OF THE PREMISES SECTION 601. CONSTRUCTION AND INSTALLATION BY THE CONCESSIONAIRE. In addition to the equipment provided by the City (as shown on Attachments "A"and "B"), the Concessionaire agrees, at its own expense, to improve and equip the Concession Premises - 14 - to provide proper service to the patrons of the Coliseum and the Bayfront Plaza Convention Center subject to the terms and conditions hereinafter set out. Concessionaire shall purchase and install only new or, with the permission of the Facility Manager, good used fixtures, furnishings, and trade equipment on the Concession Premises, throughout the term of this agreement. All facilities and equipment necessary to prepare and handle the merchandise offered for sale will be of the best and most modern type. SECTION 602. BUILDING SERVICES. The City will furnish building services as set forth in this section, but will not supply the labor or materials for the Concessionaire's equipment installations: A. Utilities: The City will furnish standard outlets and connections as have been installed, for hot and cold water, natural gas and electricity in the concession stands. Monthly utility bills will be paid by the City. B. Equipment: The City will furnish the equipment listed in Attachments "A" and "B"; all other permanent and portable equipment will be furnished by Concessionaire. See Section #604 for maintenance & repair responsibilities. SECTION 603. DESIGN CONTROL. Any construction and improvement plans, proposals, materials, colors and designs shall be submitted to the Facility Manager for approval, and the Concessionaire shall not commence the construction or installation of any improvements on the Concession Premises without the prior written approval of the Facility Manager. All proposed future changes of the improvements and equipment shall be submitted and approved in the same manner for the full ,term of this Agreement. SECTION 604. MAINTENANCE AND REPAIR. The City will maintain and repair the City -owned food service equipment listed under the "Kitchen Area" portion of Attachment "A" to this agreement. Maintenance and repair of all other concession equipment installed by the City, and improvements furnished by the Concessionaire during the term of the Agreement shall be at the expense of the Concessionaire. The Concessionaire agrees to keep in good repair and to maintain in clean and good appearance all equipment and improvements. SECTION 605. SIGNS. Concessionaire agrees that no signs or advertising displays shall be placed on or erected in any manner upon the areas of the Concession Premises without prior approval of the Facility Manager with respect to wording, type, size, design, color and location. - 15 - SECTION 606. TITLE TO IMPROVEMENTS. All permanent improvements installed by the Concessionaire shall have the approval of the Facility Manager. They will become the property of the City upon termination of this Agreement. USE AND MAINTENANCE OF PROPERTY SECTION 701. COMPLIANCE WITH LAWS AND REGULATIONS. The Concessionaire shall comply with all federal, state and city statutes, laws and ordinances and all such rules and regulations now or hereafter applicable to the Concession Premises or to any adjoining public ways, or as to the manner of use or the conduct of the Concessionaire's business hereunder. SECTION 702. UTILITIES. The City shall furnish reasonable heating and air- conditioning, and the building services set forth in Section 602 to the permanent Concession Premises. The City will, at its own expense, provide all electricity and water and sanitary drainage required for the concession operations, as previously installed. The City shall not be liable for interruption of any service when such interruption is caused by required maintenance work, or when the interruption is not due to negligence on its part. The Concessionaire agrees that the cost of the installation of any new utility services required by it during the lease term for the Concession Premises will be negotiated with the Facility Manager. SECTION 703. REPAIRS AND MAINTENANCE. The cost of maintenance and repair of the equipment in the permanent Concession Premises shall be borne by the Concessionaire, except that the City shall maintain the structure and the mechanical, plumbing and electrical systems of the buildings containing the Concession Premises. The Concessionaire will, at its own expense, keep the permanent Concession Premises clean and neat. The Concessionaire shall also keep the public area within a ten -foot radius of any portion of the permanent concession stands and any temporary stands or portable stand locations that may be operated clean and free of all refuse, rubbish, litter, obstructions or other nuisance. Concessionaire shall provide garbage and refuse receivers in numbers satisfactory to the Facility Manager, within the stands described above and shall "police" these areas after intermissions, or more frequently as required to keep the areas neat. Concessionaire shall sweep or mop the floors in these areas as necessary to maintain neatness. All transportation of ice to temporary stands shall be done in drip -proof containers. Concessionaire shall provide for complete sanitary handling, transportation and disposal away from the Concession Premises of all trash, garbage and refuse (liquid or solid) in accordance with standards established by the Facility Manager. Concessionaire shall remove the refuse containers from the refreshment stands area and deposit them in an approved collection area for trash and refuse. - 16 - The Concessionaire will design and implement an extermination program for insects and rodents in all areas under the control of the Concessionaire. The plan shall be submitted to the Facility Manager for approval. SECTION 704. RIGHT TO ENTER, INSPECT AND MAKE REPAIRS. The City and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption of the Concessionaire's operations as is reasonably practicable) to enter upon and in the Concession Premises for the following purposes: A. Inspection: To inspect such premises to determine whether the Concessionaire has complied and is complying with the terms and conditions of this Agreement. B. Maintenance and Sanitation: To perform maintenance, clean and make repairs in any case where the Concessionaire is obligated, but has failed to do so, after the City has given the Concessionaire reasonable notice to do so, in which event the Concessionaire shall reimburse the City for the reasonable cost thereof promptly upon demand. C. Access: To gain access to the mechanical, electrical, utility and structural systems of the Facilities for the purpose of maintaining and repairing such systems. INSURANCE AND INDEMNIFICATION SECTION 801. LIABILITY INSURANCE. The Concessionaire, at its expense at all times during the term hereof, shall cause the City, its Facilities, tenants and the Concessionaire to be insured on an occurrence basis, under policies no more restrictive than the standard broad form comprehensive general Liability policy, including products liability and liquor liability, against the claims of any and all persons for personal or bodily injury (including wrongful death) in a sum of not less than $1,000,000.00 for any one person, and not less than $1,000,000.00 for any one occurrence, arising from, but not limited to work, acts, operations or omissions incidental to the operations of the Concessionaire, its officers, agents, employees, subconcessionaires and independent contractors, hereunder, and not less than $50,000.00 each occurrence for damage to the property of others. Such insurance shall specifically insure the obligations of the Concessionaire to indemnify the City and its tenants under Section 808 hereof. Insofar as said insurance provides protection against liability for damages to third parties for personal or bodily injury, death and property damage, the City and its tenants shall be included as additional insureds. The City or its tenants shall have no liability for any premiums charged for such coverage, and no liability for the inclusion of the City or any tenant or joint venturer with the Concessionaire in its operations in the Facilities. The additional insureds are relieved from the consequences of violations committed by the named - 17 - insured of conditions of the insurance policies. Insurance carried by Concessionaire under this Agreement is the primary coverage in case of loss and damage, and the City's insurance is excess and solely for damages or losses for which the City is responsible. The Concessionaire and the City understand and agree that the minimum limits of the insurance herein required may become inadequate, and the Concessionaire agrees that it will increase such minimum limits upon receipt of notice in writing from the Facility Manager. SECTION 802. LIMITATION AS TO POLICIES. All policies of insurance required herein shall be in a form and content and with a company or companies approved by the City, and authorized to do insurance business in the State of Texas. Each such policy shall provide that the policy may not be materially changed, altered or cancelled by the insurer during its term without first giving thirty (30) days prior written notice to the parties insured. SECTION 803. EVIDENCE OF INSURANCE. Certificates, or other evidence of insurance coverage required of the Concessionaire in this Article, shall be delivered to the Facility Manager in form and content satisfactory to the City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, the Concessionaire shall submit to the Facility Manager a certificate showing that such insurance coverage has been renewed. If such coverage is cancelled or reduced, the Concessionaire shall, within fifteen (15) days after the date of such written notice from the insurer of such cancellation or reduction in coverage, file with the Facility Manager a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. SECTION 804. WORKERS COMPENSATION INSURANCE. The Concessionaire shall, at its own cost and expense, secure Worker's Compensation Insurance to an extent sufficient to meet all worker's compensation payments required by law and keep insured during the term of this Agreement each of the persons eiployed by it in the operations of the concession rights in this Agreement. SECTION 805. ADJUSTMENT OF CLAIMS. Concessionaire shall provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of Concessionaire under this Agreement. SECTION 806. CONDITIONS OF DEFAULT. If, at any time, the Concessionaire shall fail to obtain the insurance as required herein, the City may effect such insurance by taking out policies in companies satisfactory to the City. The amount of the premiums paid for such insurance by the City shall be payable by the Concessionaire to the City with the installment of rent thereafter next due under the terms of this Agreement. - 18- SECTION 807. CANCELLATION, TERMINATION OR INTERRUPTION OF EVENT. Concessionaire understands that the City reserves the right in its sole discretion to cancel, interrupt or terminate any performance, lecture, event, public or private gathering, whether or not admission has been charged, upon its premises, and to dismiss the audience, or cause the same to be dismissed; and the Concessionaire hereby agrees that it will not make or allow to be made against the City, any claim for damages to the Concessionaire or other party arising out of any act of the City, its officers, agents, or employees, in the exercise of the City's discretions as aforesaid. SECTION 808. INDEMNIFICATION. The Concessionaire agrees to indemnify and save harmless the City, its City Council, and its officers, agents and employees from and against any and all loss of or damage to property of a third person or injuries to, or death of , any person or persons, and from any and all claims, damages, suits, costs, expense, liability, actions or proceedings of any kind whatsoever, in any way resulting from, or arising out of the acts or omissions of officers and employees of the Concessionaire arising out of this Agreement or the Concessionaire's use and occupancy of the Concession Premises. At its own cost and expense, Concessionaire will defend and protect the City and its tenants from any and all such claims or demands and will defend all suits arising therefrom. ASSIGNMENT SECTION 901. ASSIGNMENT. The Concessionaire agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement of any rights or responsibilities thereunder, or of its right, title or interest in, or its power to execute such Agreement to any other persons, firm, corporation, sublessee or subconcessionaire without the written consent of the City. LIENS AND CLAIMS SECTION 1001. PROMPT PAYMENT OF TAXES AND FEES. The Concessionaire covenants and agrees to pay promptly all lawful general taxes, special assessments, excises, license fees, permit fees and utility service charges of whatever nature, applicable to its operations in the Facilities, and to take out and keep out current all licenses, municipal, state or federal, required for the conduct of its business at and upon the Facilities, and further covenants and agrees not to permit any of said taxes, assessments, excises, fees or charges to become delinquent. SECTION 1002. MECHANICS' AND MATERIALMEN'S LIENS. The Concessionaire agrees not to permit any mechanics' or materialmen's or any other lien to become attached upon the Concession Premises or any part or parcel thereof, by reason of any work or labor performed or materials furnished by a mechanic or materialman or for any other reason. - 19- TERMINATION OF AGREEMENT SECTION 1101. CITY'S RIGHT TO TERMINATE. The City, acting by and through its Facility Manager, may declare this Agreement terminated in its entirety, in the manner provided in Section 1103 hereof, upon the happening of any one or more of the following events and may exercise all rights of entry and reentry with or without process of law, upon the premises leased hereby: A. Nonpayment: If the rentals, fees, charges or other money payment which the Concessionaire herein agrees to pay, or any part thereof, shall be unpaid after the date the same shall become due. B. Default: If the Concessionaire shall have failed in the performance of any covenant or condition herein required to be performed by the Concessionaire. This includes, but is not limited to the failure on the part of the Concessionaire to submit the reports required by the City, to provide good service to the lessees of the Coliseum and the Bayfront Plaza Convention Center, to keep the concessions premises clean and properly maintained and to keep prices in line with that charged by other public event facilities. Failure by the City to take any authorized action upon default by Concessionaire of any of the terms, covenants or conditions required to be performed, kept and observed by the Concessionaire shall not be construed to be or act as a waiver of default or in any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by the Concessionaire. C. The happening of any act or omission which results in the suspension or revocation of any act, power, license, permit or authority that terminates the conduct and operation of the Concession in any of the facilities of the Coliseum or the Bayfront Plaza Convention Center by the Concessionaire, or suspends it for any time in excess of thirty (30) days. D. The interest or estate of the Concessionaire under this Agreement is transferred to, passes to or devolves upon, by operation of law or otherwise, any other person, firm or corporation without the written consent of the City other than the result of becoming a successor or merged corporation in a merger or a constituent corporation in a consolidation. E. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which does, or as a direct consequence of such process, will interfere with Concessionaire's occupancy of the Concession Premises and will interfere with its operations under this Agreement, and which attachment, execution, receivership, or other process of such court is not enjoined, vacated, dismissed, or set aside within a period of thirty (30) days. F. A petition under any part of the Federal bankruptcy law, or an action under any present or future solvency law or statute is filed against Concessionaire and Concessionaire's operations hereunder are interfered with or adversely affected thereby, or Concessionaire is adjudicated as bankrupt. Upon notification that the Concessionaire has declared bankruptcy, the City may immediately make other arrangements to provide concession services to its customers until an arrangement is worked out between the City and the Court. The Concessionaire will not share in any of the revenues derived from such temporary arrangements. G. Concessionaire shall voluntarily abandon, desert, vacate or discontinue all or part of its operation of the concession, or the Concession Premises, or any other action that results in a failure by Concessionaire to provide the public and others with the service contemplated hereunder. SECTION 1102. PROCEDURE FOR TERMINATION AND REPOSSESSION. A. For nonpayment, the Facility Manager will provide notice to the Concessionaire in writing as to the exact nature of the complaint and the Concessionaire will be given 30 days from the date the notice was mailed to correct the deficiency. If the deficiency is not corrected within 30 days, the contract shall be terminated and the City shall repossess the premises. In the event the Concessionaire's payment to the City is past due the second time during the period of one calendar year, the procedures for notification will remain the same; however, the deficiency must be corrected within 10 days or the contract will be terminated. In the event the Concessionaire's payment to the City is past due the third time during the period of one calendar year, the City will provide written notice that the contract with the Concessionaire will be terminated immediately. B. For poor performance, if the Facility Manager received three (3) written complaints from lessees citing poor performance on the part of the Concessionaire for either concession or catering activities within a six- month period, the Facility Manager will review the complaints with the Director of Convention Facilities and, if in their opinion, they appear to be valid, the Facility Manager will provide to the Concessionaire a written notice about the nature of the complaints and inform the Concessionaire that he is on probation. The probation period shall last for 90 days. If, during that period another complaint of a similar nature is made about the Concessionaire, the Facility Manager, with the written approval of the - 21 - Director of Convention Facilities, may terminate the contract with the Concessionaire by giving a 30 day notice. C. Other reasons, as outlined in Section 1101. Except for nonpayment or poor performance, no termination declared by either party shall be effective and the City shall not take possession of the Concession Premises until not less than 30 days have elapsed after notice by either party to the other specifying the date upon which such termination will take effect. In addition, the cause of which this agreement is being terminated must be specified. SECTION 1103. RIGHTS CUMULATIVE. It is understood and agreed that the rights and remedies of the City and Concessionaire specified in this Article are not intended to be, and shall not be, exclusive of one another or exclusive of any common law right of either of the parties hereto. MISCELLANEOUS PROVISIONS SECTION 1201. QUIET ENJOYMENT. Subject to the provisions of the Agreement, the City covenants that Concessionaire on paying the rentals and otherwise performing its covenants and other obligations hereunder, shall have quiet and peaceable possession of the Concession Premises. SECTION 1202. NO PERSONAL LIABILITY. No Councilperson, director, officer, employee or other agent of either party shall be personally liable under or in connection with this Agreement. SECTION 1203. GOVERNING LAW. This Agreement shall be deemed to have been made in and be construed in accordance with the laws of the State of Texas. SECTION 1204. NOTICES. Except as herein otherwise expressly provided, all notices required to be given to the City hereunder shall be in writing and shall be sent by certified mail, return receipt requested, to the Director of Convention Facilities, P. O. Box 9277, Corpus Christi, Texas 78469; all notices, demands and requests by the City to Concessionaire shall be sent by certified mail, return receipt requested, addressed to: Mr. Newt Noble, P.O. Box 227, Corpus Christi, Texas 78403. The parties, or either of them, may designate in writing from time to time any changes in addresses or any addresses of substitute or supplementary persons in connections with said notices. The effective date of service of any such notice shall be the date such notice is mailed to Concessionaire or said manager. SECTION 1205. AMENDMENTS. This Agreement may he amended from time to time by written agreement, duly authorized and executed by representatives of all the parties hereto. - 22 - SECTION 1206. FORCE MAJEURE. Neither the City nor Concessionaire shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or which is not within its control. SECTION 1207. INVALID PROVISIONS. In the event any covenant, condition or provision herein contained is held to be invalid by a court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided the invalidity of any such covenant, condition or provision does not materially prejudice either the City or Concessionaire in its respective rights and obligations contained in the valid covenants, conditions and provisions of this Agreement. SECTION 1208. HEADINGS. The headings of the several Articles and Sections of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provisions of his Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. SECTION 1209. WITHHOLDING REQUIRED APPROVALS. Whenever the approval of the City, the Director of Convention Facilities, the Facility Manager or of Concessionaire is required herein, no such approval shall be unreasonably requested or withheld. SECTION 1210. SUCCESSORS AND ASSIGNS. All of the terms, provisions, covenants, stipulations, conditions and considerations of this Agreement shall extend to and bind the legal representatives, successors, sublessees and assigns of the respective parties hereto. SECTION 1211. WAIVERS. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other Pty. SECTION 1212. DISCRIMINATION. During the term of this agreement, Concessionaire will: A. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or disability. B. Identify itself as an "Equal Opportunity Employer" in all recruitment advertisements. The Concessionaire shall be advised of any complaints filed with the City of Corpus Christi alleging that the Concessionaire is not an Equal Opportunity Employer. These complaints will be referred to the Human Relations Commission of the City of Corpus Christi, through its Human Relations Administrator, for the purpose of review and recommendation. The report of the Administrator shall be transmitted to the Purchasing Agent and the Director of Convention Facilities of the City of Corpus Christi. A summary of such report may be included with any future award recommendation for which the Concessionaire is a Proposer and may also be brought to the attention of the City Council of the City of Corpus Christi. The Human Relations Administrator may follow up on any such report and bring to the attention of the Commission any further action by the Concessionaire which would include the recommendation of the Administrator. Any such modified recommendation by the Administrator will be delivered to the Director of Convention Facilities and Purchasing Agent with a copy to the Concessionaire and may be included in any future award recommendations. The City Council reserves the right to consider such reports in determining the best Proposal. However, the Concessionaire is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this Agreement. SECTION 1213. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties hereto and all other representations of statement heretofore made, verbal or written, are merged herein and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. IN WITNESS WHEREOF, the parties hereto for themselves, their successors and assigns, have executed this Agreement the day any year first above written. ATTEST: Armando Chapa City Secretary Juan A. Garza City Manager Harold R. Peterson L W. Hennings Convention Center Manager Assistant City Manager APPROVED AS TO LEGAL FORM: CONCESSIONAIRE: Hal George City Attorney - 24 - Newt Noble Noble Food Service, Inc. ATTACHMENT "A" CONVENTION CENTER CITY -OWNED FOOD SERVICE EQUIPMENT Kitchen Area 1. One three -compartment sink, with soiled and clean dish tables. 2. Booster Heater for Dishwasher. 3. One Hobart Model #CRS -103 Dishwasher. 4. Two exhaust ventilators. 5. One Waste King Corp. Disposer unit with prewash. 6. One pedestal hand sink. 7. Four Blodgett Co. Convection ovens. 8. One Exhaust Hood with fire control system. 9. Two char -broilers. 10. One cook's table with sink. 11. Ten Carter -Hoffman Corp. portable heated carts. 12. One Wilbur Curtis Model #RU -1000 coffee urn with stand. 13. Two portable work tables . 14. One Vollrath refrigerated walk-in cooler. Fair condition. 15. Five Metropolitan wire portable pan racks. 16. One Turbo Refrigerating Company 2,000 lbs. ice machine mounted on a walk-in freezer. 17. One work table with ice bins and pitcher fillers. Concession Stand Area 1. Two Connolly Roll -A -Grill Hot Dog cookers. Fair condition. 2. Two Wells #RW -26 Rollwarmers. Good condition. 3. Three custom work counters. 4. Two Perlick CO. Draft Beer Dispensers. 5. Eight "pop-up" style cup dispensers. 6. Two Bar -O -Matic drink dispensers with ice bins. 7. One four compartment sink. 8. Two wall -mounted cabinets. 9. One sink compartment heater. 10. One under -counter freezer. 11. One exhaust hood with automatic fire protection system. 12. One Hobart fryer. 13. One electric range with griddle and oven. Good 14. One Delfield Co. sandwich unit. Good 15. One popcorn machine. Fair 16. One peanut roaster. Good 17. One refrigerated backbar. Good 18. One non -refrigerated blackball. 19. One urn stand. 20. One Perlick Co. beer dispensing system. 21. One Reach -in freezer. 22. One Vollrath Co. walk-in cooler. Poor condition. 23. Three sections of stainless steel wire shelving in cooler. 24. Two beer keg racks. 25. One Turbo Co. 2,000 lbs. automatic ice machine. Note: Most items nine (9) years old. They vary from good to poor condition. ATTACHMENT "B" COLISEUM CITY -OWNED FOOD SERVICE EQUIPMENT 1 - Walk-in freezer. 1- Walk-in beer cooler. 5 - 3 -keg electric beer dispensers. 1 - 2 -keg electric beer dispensers. 1 - 6 -burner gas range. 1 - Large office safe 1 - Chest -type freezer 1 - Reach -in refrigerator. 1 - Ice machine and walk-in storage bin (2,000# per day capacity). 2 - Electric candy floss machines. 1 - Sno cone machine. 1 - Office desk. It is understood that the foregoing listed items are provided for the convenience of the Concessionaire, and for the Concessionaire to use or not to use as Concessionaire desires. The City of Corpus Christi shall have no obligation to repair or replace any of these items when no longer serviceable. t the foregoing ordinance was read for ins second reading on this the '1` 19f0 , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt l 4 ) c b the first day of tine/and passed Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read.for to its third reading on this the (: 19•( , by the following vote: Betty N. Turner it r Cezar Galindo Leo Guerrero Tom Hunt 1'G That the foregoing or finally on this the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt /1c the second time, and passed day of ��, �'f_'LC 7t Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. inance was rea for.the third day of HfaAc( iL PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY , 19 time,and passed 19 C , by the Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of al I C,-( By Assistant City Attorney 044 MAYOR , 19 (f( THE CITY OF CORPUS CHRISTI a Ln • w t ▪ .Jz :0. Co IH ' rt H o 'O a n'= LIP v n -- 0 r• n 0 0 r, o" 12 Li 8£781-£SD0 G.) LJ if:, IT rE! : LE C 0 :-' 0 j : r 0 V--r- — - - 0 0ri- -_C.. H Lii 7 n ft.:• - H 1 i• 'r i!-. iil7: : :7 -.i' m , 17-1 Ei In -4 n IL n I • r - n 01 cx, •:': :o T: r') 7 'r Lt I -I fr-ri U '- .r. 7 fll - - 7 .77 : h 'rjU.. ID 07. In. 3 D ,-. CO 3 US' 21119 SO68O3 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING 4U fHORIZING THF CIIY MANAGER TO E"£CUTE A LEASE AGREEMENS TO PRG VIDE CONCESSIONS SERVICES AT THE BAY FRONT PLAZA CONVENTION CENTER AND THE MEMORI- AL COLISEUM, BEGINNING 201 A.M. JUNE 3 1990, AND EX TENDING THROUGH 2:00 A.M. JUNE 3, 1995, WITH NOBLE FOOD SERVICE, INC.; the concessionaire shall pay the City twenty -h. a per- cent of yross sales for alcoholic beverage sales ex- cept beer) at the Bayfront Plaza Convention Center and the Memorial Coliseum; the concessionaire will pay the City thirty percent of ail gross , bear sales at the Bayfront Pla- za Convention Center ands forty percent of all gross beer sales at the Memorial Colise- umInc norcessiooalre will pay the Coy varying percent- ages for non-alcoholic beverages and foot, sales from thirty percent to forty' percent at bosh facilities When the concessionaire subcontracts for the sale of _ novelties, programs, souve- nits. etc a fee of twenty percent of sales will be charged the subcontractor and of this amount, seven- ty f:vo percent will be paid the City When rhe concession- aire acts as a gimlet to sell similar items, a fee of ten per- cent 01 sales shall be paid the Cly When the concession- aire operates as a caterer, ten percent of gross receipts will 1* Lc paid to the City for food, 14 non alcoholic ann alcoholic L4 beverage sales. Ili A, copy of the full text of the ordinance is avarla'ole to the public at no charge in the office of the City Secretary. The ordinance was passed ' and approved on first read -'ding by the Coy Council `-of the City of Corpus Christi Texas on the 27th May of February 1990 ;s) Armando Chaps' City Secretary ,ry,nv„ciapkokfats Christ. 1110 legal Notion Christi. Texas on the 8th day of March, 1990. /s/ Armando Chaps Cty C W Corpus CMastiti d"PASSAGE ---1 Of ORDINANCE ON SECOND READING AUTHORIZING THE CITY MAraAGER TO EXECUTE at LEASE AGREEMENT TO PRO VIDE CONCESSION! SERVICES AT THE BAY FRONT PLAZA CONVENTIO CENTER AND THE MEMOIR AL COLISEUM, BEGINNIN 2:01 A.M., JUNE 3, 199C AND EXTENDING THROUGI 2:00 A.M., JUNE 3, 199E WITH NOBLE FOOD SERVICE INC.: the concessionaire she pay the City twenty-five per cent of gross sales fo alcoholic beverage sales (ex ceps beer) at the Bayfron Plaza Convention Center anc the Memorial Coliseum; thr concessionaire will pay the City thirty percent of an gross beer sales at the Bayfront Pla. is Convention Center anc forty percent of all gross beei sales at the Memorial Colise- um, the concessionaire will pay the City varying percent- ages for non-alcoholic beverages and food sales from thirty percent to forty percent at both facilities. When the concessionaire subcontracts for the sale of novelties, programs, souve- nirs, etc., a fee of twenty percent of sales will be charged the subcontractor and of this amount, seven- ty-five percent will be paid the City. When the concession- aire acts as a retailer to sell similar items, a fee of ten per- cent of sales shall be paid the , City. When the concession- c afire operates as a caterer. ten percent of gross receipts will be paid to the City for food, non-alcoholic and alcoholic beverage sales. A copy of the full text of the ordinance is available to the public at n0 charge in the office of the City Secretary. The ordinance was passed and approved on second reading by the City Council the City of Corpus 9 NOTICE SAGE 4 OF ORDINA 0 20902 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT TO PROVIDE CONCESSIONS SER VIG�" AT THE BAYFRONT PLAZA CONVENTION CEN TER AND THE MEMORIAL COLISEUM, BEGINNING 2:01 A.M., JUNE 3, 1990. AND EXTENDING THROUGH 2:00 A.M. JUNE 3, 1995, WITH NOBLE FOOD SERVICE, INC.; the concessionaae shall pay the City tweny-, `,ve percent of gross sales 'Yor alcoholic beverage sales (except beer) at The Bayfront Plaza Conven- tion Center and the Memorial Coliseum; the concessionaire will pay lee City thirty percent of all gross beer sales at the Bayfront Plaza Con ;ention Center and forty percent of all gross beer sales at the Me- morial Coliseum the concessionaire will Pay the City varying percentages for alcoholic beverages and foodnosores from thirty percent to rorty percent at both facili- ties. When the concessionaire subcontracts for the sale of novelties programs, souve- nirs, etc, a fee of twenty percent of sales will be charged the subcontractor and of this amount, seven- tV-f:e percent will be pard the City. When the concession- aire acts as a retailer to sell s under items, a fee of ten per- cent of sales shall oe paid the City. When the concession- aire operates as a caterer, ten percent of gross receipts w'^ be paid to the City for foor non-alcoholic and alcoholi beverage sales. A coPV of the full text c the ordinance is available the public at no charge in th< officn Thee of the City Secretary. ordinance was pas and approved on rhhd reatlisncer by the City Council O f the City of Corpus Christi, Texas on the 3rd day of April, 1990. /s/ Armando Chapa City Secretary r (-I'M' s rheer