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Home My WebLink About16177 ORD - 04/08/1981vp:3/23/81:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH MIDWEST INTERNATIONAL, INC. FOR PLACEMENT OF TELEVISION CHAIRS IN THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL FOR A TERM OF THREE YEARS, WITH A TWO-YEAR OPTION, WHEREBY THE CITY WILL RECEIVE 25 PERCENT OF THE GROSS REVENUES OF THE TELEVISION CHAIRS, ALL AS MORE FULLY SET OUT IN A COPY OF THE LEASE WHICH IS MADE A PART OF AND ATTACHED HERETO, 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 execute a lease with Midwest International, Inc. for placement of tele- vision chairs in the Corpus Christi International Airport Terminal for a term of three years, with a two-year option, whereby the City will receive 25 per- cent of the gross revenues of the television chairs, all as more fully set out in a copy of the lease which is made a part of and attached hereto, marked Exhibit "A". i MICROFILMED 16177 SSP 27 1984 AGREEMENT This Agreement made and entered into this 1st day of March 1981 by and between the City of Corpus Christi hereinafter called Licensor, and MIDWEST INTERNATIONAL, INC., 650 Wilmington Avenue, County of Salt Lake, Salt Lake City, Utah 84106, hereinafter called Licensee; WITNESSETH: Licensee is the owner of certain lounge chairs with attached tele- vision sets, which it desires to place in strategic locations in the Corpus Christi International Airport Terminal Bldg, for the consideration herein contained, which right and license Licensor is willing to grant, subject to the terms and conditions herein stated. 1. RIGHT TO OPERATE Licensor hereby gives and grants to Licensee the right and license to install and operate on its premises 6 Model 300C tv lounge chairs, (rated at 115v AC 0.5 amps), hereinafter called units. The parties here- to agree that the number of units may be increased by mutual consent in writing. Licensor reserves the right to remove the T.V. Lounge chairs if the space is needed for proper use of the terminal building but further agrees to provide other suitable space subject to mutual agreement by both parties. 2. EXCLUSIVE PROPERTY OF LICENSEE It is understood and recognized that said units shall at all times remain the sole and exclusive property of the Licensee, his Agents and Assigns, and the Licensee may remove any or all of said units from the premises of Licensor if in any 90 day period the gross revenues average less than $1.00_per. chair per day. The areas wherein the units are to be installed are to be mutually agreed upon. It is agreed that the Li— censee may relocate said units from time to time to locations which in its opinion may be more desirable, with written permission from Licensor. 3. CARE AND MAINTENANCE Licensee shall have the full responsibility for the installation, servicing and maintenance of said units and shall furnish at its own cost all parts and supplies necessary for the care, servicing and main- tenance of said units. Licensor agrees to furnish the electrical current for the operation of said units. Licensee shall utilize existing elec- trical and utility outlets. In the event additional outlets are required, Licensee shall pay for all material at its own cost and expense. The employees of the Licensee shall have the right to enter upon the premises of the Licensor to such extent as may be necessary for the installing, operating, servicing and maintaining of said units. 4. TERM The term of this agreement is for a period of three (3) years com- mencing on the date the agreement is executed. This agreement may be term- inated at any time by either party within the first 30 days by giving notice to the other party in writing. If notice is not given, then the contract will remain in force for the full period of the contract, with an additional two (2) year option under the terms of this agreement. 5. COMMISSION As sole and exclusive compensation for the privileges herein granted, Licensor shall be paid a commission based on the gross revenue as follows: 1. Licensor shall receive twenty-five percent (25%) of the gross revenues, to be remitted monthly by Licensee. 2. All payments are to be mailed by the 10th of each month. Co---'issions shall be computed on the basis of the gross funds col- .lect,_c, with no deductions being made for taxes, licensing fees or other All units shall be equipped with a coin operated meter collec- tion ::c::. The parties•hereto agree that a representative of either party may have the privilege of.euditing the accounts and records and meter reading at any time during business hours. 6. -ADVERTISING It is agreed that no signs, legends or posters may be affixed there- to except display signs advertising to the public the use and availability of said units. No other advertisement of any kind shall be erected or' displayed by Licensee elsewhere upon the premises of Licensor without the specific written consent of Licensor. 7. -REGULATIONS • agrees agr-s to pay all taxes and license fees assessed sessed against .. .itsand agrees to comply with all laws, rules and regulations of public :_..zhority having jurisdiction thereover. The parties agree that 1t any ojection is raised by any public authority, ordinance or statute, tLuestioning the legality or lawful use of the units covered by this agree- .her party hereto shall have the right to forthwith remove said 8. CARE AND SAFETY OF 'UNITS. :icensor agrees to provide reasonable security for the safekeeping of said units, and to generally supervise and ascertain that said units are in working order, are connected to the electrical current, and to punctually notify Licensee or their agent when any of said units are mal- functioning or in need of repair or maintenance, and to provide janitorial . control daily to said units.• 9. HOLD HARMLESS AND INSURANCE Licensee agrees to indemnify and hold Licensor harmless from and against any and all liability, loss, damage, .costs and expense„ of what- soever,.or loss or destruction or damage to property whatsoever, resulting directly from the installation, operation, existence or servicing of said units. Licensee' agrees at its sole cost and expense to obtain and keep -in force at all times during the term of this agreement a policy of liability insurance with limits of at least $300,000 liability.for any one person, or for any orie accident, and catastrophe umbrella limits of liability of $1,000- ,000.00. Licensee agrees to indemnify and hold Licensor harmless from any and all damages, claims, suits, judgments or costs arising out of any patent infringement, or alleged patent infringement, that may arise in connection with the installation, operation or servicing of said units. 10. NOTICE - All notices or demands of any kind shall be served by mailing a copy of such notice or demand by certified mail to Licensor at Rt. 2 Box 902 Corpus Christi, TX 78410. and to Licensee at 650 Wilmington, Salt Lake City, Utah 84106. 11. LAWS GOVERNING AND ATTORNEY'S FEES The parties hereto agree that all matters of dispute that are settled -by litigation, negotiation or arbitration at any time.by reason of the terms of this agreement shall be interpreted under the laws of the county and state in which the units are located. The successful party in any litigation shall be,entitled to a reasonable attorney's fees and costs of suit incurred therein. - ' - 12. This agreement shall be.binding upbn the parties hereto, . successors and•'assigns. - 13. The Contractor assures that it will undertake an affirmative action program as reauired by 14 CFR Part 152, -Subpart E, to insure that no person shall on the grounds of race, creed, color, national origini or be excluded from participating in any employment activities covered' in 14•CFR Part 152, Subpart E. The Contractor assures that no person shall' be excluded on these grounds from participating in or receiving the s.,ervices or benefit's of any.program or activity covered by this subpart. '-'bc Contractor assures that it will require that its covered subor9anization :a-o':i6o assurances to tho Contractor that they similarly will undertake .e!:tar!,ative action programs and that they will require assurances from suborganizations, as required by 14'CFR Part 152, SuLnart T, to - Lbe serge effect. • . • 3::! WITNESS WHEREOF, the parties hereto have hereunto set their hands l:his day and year first hereinabove written. • LICENSOR: LICENSEE: MIDWEST INT=P.Ne?TION iL, INC. By That the foregoing ordinance wab read for . e fir t time an passed to its second reading on this theme/1r day of A;,� , 19 / , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna .Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for a second time apd passed to its third reading on this the 3/ day of , 191/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinancea yes read for on this the � day of Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the CY) day of 3 DJtC) thethird 19 k , time and passed finally by the following vote: ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: -?i- DAY OF. the..,, , 199/ J. BRUCE AYCOCK, CITY ATTORNEY By /f Assil ant City Attorney 1f1',9