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Home My WebLink About13017 ORD - 02/11/1976JKEi:hb:1/7/76:1sY • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH L. M. BISHOP FOR A TERM OF FIVE YEARS CONCERNING CONCESSION RIGHTS AT MaGEE BEACH, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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 execute an agreement with L. M. Bishop concerning.concession rights at McGee Beach, for a term of five years, under the terms and conditions as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit 'W'. 13017 • THE STATE OF TEXAS X " KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NOECES x • THAT THIS AGREEMENT, made and entered into on this day of I " ' , 1976, A.D., by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as "City", and L. M. Bishop of Nueces County, Texas, hereinafter called " Permittee": WHEREAS, Permittee has requested the use of the Concession Building at the McGee Beach within the City of Corpus Christi, Texas for the purpose of operating a concession business. The right of the concession herein granted is the right to: (1) Sell wrapped sandwiches, hotidogs, hamburgers, popcorn, packaged chips, peanuts, soft drinks in paper cups only, candy, chewing gum and ice cream. (2) Rental of floats, and other related beach equipment, as well as the following: Sun glasses, beach towels, snow cones, ice, terminal fishing tackle and bait (frozen), and rental of fishing tackle. The leased areas shall be used for the above listed privileges and for no other purposes. I That the City hereby grants to the Permittee the use of the property described for the specific purposes heretofore enumerated and such privilege is granted for 5 -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, within the concession building of the McGee Beach, subject to the terms, conditions and covenants of this contract. III The Permittee shall have the right to conduct sales under the concession rights herein granted at the following location: i, ,. Ex R /T • Within the McGee Beach Building located at Shoreline Drive, East of Memorial Coliseum. IV It is understood by and between the parties that electrical, gas and water services are available to the concession building and that these services will be provided, by the City at no cost to the Permittee, except that if the Permittee should install air conditioning the cost of the air conditioning will be at Permittee's expense. Installation will be so arranged that usage can be determined separately. V The Permittee shall be responsible to the City for the follow- ing= (A) Compliance with all City health regulations and ordinances of the City of Corpus Christi as they'affect the concession operation, Permittes to-bear the expense of meeting all health regulations. (B) Workmen's Compensation Insurance and approved Public Liability Insurance, including poisoning or illness from food or drink, in the amount of $100,000/$300,000; $10,000 /$50,000 Property Damage Insurance and indemnification of the City against all claims resulting from the operation of the concession by Permittee, 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 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 in writing of the Director of Park and Recreation. (D) Maintaining a clean and neat operation within the con- cession building and properly disposing of any debris or refuse within 25 feet of the building resulting from operation of said concession, trash receptacles at concession stand to be provided by Permittee. There shall be no less than four (4) trash receptacles, but the quantity shall be sufficient to care for customer debris or trash disposal within 25 feet of the concession stand. The Park and Recreation Department will provide -2- • • rj daily trash pickup from a central location at the site designated by Park and Recreation Department. (E) Reaping the restrooms in the building, including toilet fixtures, clean and sanitary at all times and keeping the restrooms stocked with paper. The restrooms shall be cleaned as often as necessary to keep them clean and sanitary, but not less than twice a day. The City shall furnish all supplies and tools for use by the Permittee in the restrooms and the City shall make all repairs to restrocm fixtures. Any problems encountered related to vandalism and pervert activity shall be reported to the Park and Recreation Department and the Police Department, respectively. (F) Filing of a financial statement with the Park and Recreation Department on or before the tenth day of each month and paying City at such time its share of gross receipts for the previous month, City to provide all necessary forms. (G) Minimum hours of operation of the concession shall be daily from 10 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. VI For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to the City 15 -1/27 of gross sales derived from said concessions, said percentages being due and payable on the tenth of each month during the term of this agreement. VII Permittee 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 Department of Finance of the City. VIII City retains the right at any time to cancel this use privilege agreement and may cancel the permit upon sixty (60) days written notice to Permittee for cause, for violation of any of the terms and conditions of this agreement, or for violation of any Federal, State, or local law -3- or ordinance by the Permittee. ici 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 hold harmless the City from any and all neglect or misconduct on the part of the Permittee, his agents, servants, employees, and assigns. 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, sball, if not removed by Permittee upon termination of this agreement, become the property of the City in fee simple, without any other action or process of law. RI 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 when first approved in writing by the Park and Recreation Department. The Park and Recreation Department shall have the right at any time to require Permittee to remove, paint or repair any of the signs allowed. Should Permittee not remove, paint or repair said signs within ten (10) days of demand thereof in writing, the Park and Recreation Department may fulfill said demands and charge the expense of same to Permittee. SII 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 light fixtures and painting. QM • • xIII It is further understood and agreed that the Permittee shall not sublease the leased premises or any part thereof without the prior written consent of the City. RIV It is further understood and agreed that failure of the Permittee to comply with any of the terms herein shall be authority for 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 for any damages growing out of this lease, or to in any way enforce the provisions of the lease, an additional ten percent of such recovery shall be added to cover the expense of such legal action, said ten percent to be in addition to any court costs. Permittee will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. WITNESS OUR HANDS in duplicate originals, this the day of , 1976. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1976: City Attorney By R. Marvin Townsend, City Manager L. M. Bishop PERMITTEE • .. • THAT TWE FOREGOING ORDINAN VAS READ FOR NE FIRST TIME AND PASSED TO ITS NG 3ECONR VOT READING ON THIS THE �DAY OF� BY THE FOLLOWING VOTE: JASON LueY 3P. BILL TIPTON EDUARDO DE ASES RUTH GILL 800 GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE TWAT THE FOREGOING ORDINAM�PE%�E —,�WAS RE FOR T TO I E SECOND TIME AR PASSED OW THIRD READING ON THIS THE FOLLOWING VOTE: DAY OF , 19 BY THE JASON L DR. BILL L T TIPTON EDUARDO DE ASES RUTH GILL Boa GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORD1p FINALLY ON THIS THE DAY OF JASON LUBY DR. BILL TIPTON IpE NIRD TIME AND PASSED /gj BY THE FOLLOWING VOTE: EDUARDO OE A3E3 RUTH GILL 808 GULLEY 1 GABE LOZANO, SR. �J EDWARD L. SAMPLE PASSED AND APPROVED, THIS THEL�DAY OF 7 ATTEST: 0 SECRETARY bIATOR Cl OF CORPUS CHRISTI, TEXAS WED: DAT OF Iy�� 191: ITY ATTORNEY