Loading...
HomeMy WebLinkAbout16472 ORD - 08/19/1981sp;8/3/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH UNICORN VENTURES OF HOUSTON FOR SEVERAL ELECTRONIC GAMES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS MORE FULLY SET FORTH IN THE CONTRACT FOR LEASE OF EQUIPMENT, A SUBSTANTIAL COPY OF WHICH IS 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 Unicorn Ventures of Houston for several electronic games at the Corpus Christi International Airport as more fully set forth in the Contract for Lease of Equipment, a substantial copy of which is attached hereto, marked Exhibit "A". 1_6172 MICROFILMED SSS 2 7 1004 CONTRACT FOR LEASE OF EQUIPMENT AGREEMENT made on the 7 — day of S� e11r, 1981, between CORPUS CHRISTI INTERNATIONAL AIRPORT, a Municipal Function, having its principal place of business at Corpus Christi International Airport, Corpus Christi, Nueces County, Texas, hereinafter called the LESSOR, and ROBERT S. COBB. d/b/a UNICORN VENTURES OF HOUSTON, TEXAS, having its principal place of business at P.O. Box 22337, Houston, Texas 77027, hereinafter called the LESSEE, for consideration of the mutual agreements and covenants contained herein, the sufficiency of which are hereby acknowledged by both parties: 1. LEASE. The Lessor hereby leases to the Lessee the space, area, and premises designated as follows: Locations in the public area of the airport terminal to be determined at the sole discretion of Lessor's Airport Manager Lessee agrees to furnish and install in the space, area, and premises of the Lessor designated above, and Lessor agrees to accept, machines, and equipment as follows: A variety of mutually acceptable entertainment equipment, but at least two or more electronic amusement devices. However, Lessor may refuse any particular machine and may order any machine removed for any reason or for no reason. 2. TITLE. The machines shall at all times be the sole property of the Lessee, and the Lessor shall have no property therein, but only the right to use the machines upon the conditions herein contained. 3. ASSIGNMENT. The machines shall not be transferred, delivered, or moved by any other person or corporation, and this Agreement shall not be assigned by the Lessor. 4. ACCESS. The Lessee shall, at all times, have free access to the machines and equipment for the purpose of inspection or observation, or to make alterations, repairs, improvements, or additions, or to determine the nature or extent of use of the machines. 5. MAINTENANCE. The Lessee shall keep the machines in good and sufficient working condition. This shall include all necessary repairs and adjustments to keep the machines and equipment operating on a profitable basis. If at any time the machines are not in good and efficient working condition, and this fact is unknown to the Lessee, the Lessor shall give notice to the Lessee that such machinery and equipment is not operating in good and efficient condition, and Lessee will endeavor to replace all bro- ken or missing parts and make all necessary adjustments within a reasonable period of time. 6. RISK OF LOSS. Lessee agrees to hold Lessor harmless from any types of vandalism perpetrated on the machines and equipment herein. It is further agreed that the Lessee shall carry insurance and insurance policies protecting against personal injuries and property damage in the following manner: $300,000.00 per accident, $300,000.00 per individual, and $50,000.00 in property damage coverage. The Lessor shall be named as a co-insured and a copy of said policy forwarded to the Lessor's Airport Manager. The Lessor shall be given ten days notice of cancellation or expiration of such policy. 7. USE OF MACHINES. The machines and equipment shall be used only by the Lessor at such places as set out in paragraph one above and shall be used only for the purpose agreed upon herein. The machines and equipment furnished by Lessee will remain in such places twenty-four (24) hours each day. Lessor shall use its best efforts to keep the machines and equip- ment operative and guarded. This shall include, but shall not be limited to, assurance that the machines have a proper source of electricity and have access to electrical outlets. 8. RENTAL. The Lessee shall pay to the Lessor for the use of the space, area and premises designated herein, payable at the Airport Manager's office in Nueces County, Texas: A. Twenty-five (25) percent of the gross receipts after deducting cost of service and maintenance, until the Lessee's cost of machines, taxes, and freight are recovered; B. After payment of the sum described in Section 8(a), then Lessor shall receive 50 percent of all gross receipts after deducting cost of service and maintenance derived from the use of the machines and equipment described herein. 9. REPORTS. The Lessor shall require its operators, employees, or agents to keep upon blank A-12 reports furnished by the Lessee accurate daily/weekly records of all collections made each day/week from each machine installed by Lessee. Copies of the A-12 reports covering each machine will be forwarded to the Lessee at its principal place of business by the 10th day of the following month along with the amount of rental determined under Section 8 above. 10. TERM. This lease shall continue for five (5) years from the date hereof, unless sooner terminated by Lessor or Lessee on thirty (30) days written notice to the other party. At the end of the present term, unless this lease is renewed, the machines shall continue to be held under the terms of the Agreement for an indefinite term, provided that thereafter either party on thirty (30) days written notice to the other may terminate this Agreement. 11. RETURN OF MACHINES. Upon termination in any manner whatever of this Agreement, the Lessor shall forthwith deliver the machines to the Lessee, complete and in good condition, reasonable wear and tear excepted; and the Lessee is hereby authorized to enter upon any premises, with or without legal process, where the machine or machines or any machines hereby provided may be found, and take possession of and remove such machines as well as all gross receipts owed Lessee, reported or uncollected in the machines. 12. NOTICES. Any notice required under this Agreement shall be a submission notice from the time of posting such notice, provided that it is signed by an officer of the party giving the notice, and posted by certified mail, return receipt requested, to the other party at its principal _place of business, or where this is unknown, at its last known place of business. 13. SIMILAR MACHINES. Lessor agrees that no -machines or equip- ment similar to that described herein, other than machines or equipment furnished by Lessee hereto, shall be permitted on the premises of the Lessor during the term of this Agreement. 14. RIGHT OF FIRST REFUSAL. In return for introducing the machines and equipment described herein, if it has been determined by Lessor that additional amusement equipment similar to the machines and equipment described herein and equally sophisticated can and should be acquired and developed for additional financial gain, Lessor does by these presents hereby grant unto Lessee.the right of first refusal to develop, erect, partition, and further furnish Lessor with said amusement equipment and facilities. Lessee agrees, under certain conditions and by further written agreement, that it shall furnish the necessary capital outlay for any construction, partitioning, and any other furnishing of such amusement area, subject to the availability of space on Lessor's property. 15. This Agreement shall be binding on the heirs, successors, and assigns of both.parties as permitted in this Agreement, and it is expressly agreed and understood that Lessee shall not have the right to assign this Agreement without the written consent of the Lessor's City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate. ATTEST: LESSEE: UNICORN VENTURES 8y ATTEST: LESSOR: CITY OF CORPUS CHRISTI TEXAS Cy Secretar 8y y R. Mar in Towns nd, City Mana APPROVED:D 5LeAM.44.Bruc Ayck, Clp Attorney (/A_PPROVED: K.D(AYY OF AUGUST, 1981 61 �f s City Manage di-dadUtea..2.4.AUTHORIZtf Or COUNCIL,_1_1:7 RECllii ARv That the foregoing ordinance was read for first time second reading on this the S day ofJ following vote: 19 /d passed to its , by the Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for second time passed to its fllowin third reading on this the ' day of , x/ by the vote: Luther Jones Betty N. Turner --- Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance wa ead for the -th4 rd time and passed finally on this the iq day of , 19111 , by the following vote: Luther Jones Betty N. Turner I/ Jack K. Dumphy t Bob Gulley Herbert L. Hawkins, Jr. G Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the /9 day of ATTEST: AP,PD Y'— DAY OF J. BRUCE AYCOCK, CI By City 't.rney , 19 RNEY 19 1/ THE CITY OF CORPUS CHRISTI, TEXAS 16472 STATE DP TEXAS, �n. County of Nueces. BILLIEJ. HE PUBLISHERS AFFIDAVIT v.269338 CITY OF C.C. 4.c/7,K Before me, the undersigned, a Notary Public, this day personally came.....__. NDERSON •--_._-••-...._.._._.__...._......, who hot,... a.�. duly �C49ILNTN�EF3 of the -•- ....•• "a 's me Corprpus Christi Caner and The Corpus Christi Time Corpus sworn, according to Daily Newspapers published at Christi, Texas, in said County and State, and that the NOTICE OF PE OF ORDINANCE NO. 16472 _ ASSAG..._.....Publication o1 of which the annexed is a true copy, ---- -- was published in on the 24th day of......� AUGUST81 19- , and once each_ ..... - Yone consecutive..._.._,,.,_. y�_ da__ _.thereafter for _____ one __Times, $. - 264,04 CORPUS___CHR__-?STI CALLER -TIMES BILLIEJ, RENDERS ON Subscribed and sworn to before me 25th.. -.day of AUGIIS .,ST T .7 n �--�— ? -T 19 81 `LOIS INN.Notmy_PfbLc Nueces County, -Texas - STATE OF County of N e$' PUBLISHER'S AFFdDAYIT CITY370F�`C. C. Before me, the undersigned, a Notary ppb BILLIE J. HENDERSpN •...._.._..._.._...__ G this day Pereoa al - �HC.0 UA?�C �C - - who being first duly catne....._..__��� -TaFi�........__ of y ��' ��g to law, � Daily Newspapers p�liahed at Co the Corpus Cbnisti Caller ands that he ie the NOTICEpa• Newspapers published ORD us Christi, Texas, in said County and State,CoCp� clic Tunes ORDINANCE of which the annexed is a true -- ON SECOND READING. �.•.. , and that the publication of on 1 be copy, was published._.._'`-'• the..••... 89 in GOl{PUS CHRISTI CALLER_y'~y ay o!._ AUGUST � 19 � TIMES consecutive. _ r da�r��_ and once each.... day CAI,LER- r for.. _ y_ - 27.88 BILLIE J. HENDERSON ^ Subscribed and sworn to before me t1is... 2 0th `""-__ ay o ........ AUGUST - - LOIS 19. 1 WINN� NuecesCounty,ge cp • NOTICE OF PASSAGE OFT T ORDINANCE OC SECOND READF• AUTHORIYING I,E CITY KAANAEER TO EXE- CUTE A LEASE WITH UNI - ;CORN VENTURES OF HOUSTON FOR SEVERAL ELECTRONIC GAMES AT I I, THE CORPUS CHRISTI IN- TERNATIONAL AIRPORT ' IAS MORE FULLY SET TRATH IN LEASE OF eQU-IVIT AL SUB ST10141 IS ATT HER I ETOAI, ,� 141BIT assad on 5eeased Wes�tpp revlouslY p ust on 1V'+t ieediThe tuts a TSo1 �espeCtivelY•A is av lce al the sald yC15c in The � it CITY SecreSaiY• hed yrh reI A dugustssa G1 Ready, CITY sre IV Corpe Texas NOTICE OF 11/78 PASSAGE OF' ORDINANCE NO. AUTHORIZING2,P-IE CIT MANAGERTO E-_ECUT A LEASE v0ITH UNICOR OF ' FORTURES SEVERALOUSTO ELEC TRONIC GAMES AT TH CORPUS CHRISTI INTER $ NATIONAL AIRPORT A MORE FULLY SET FORT 'IN THE CONTRACT FO LEAS ASUBSSTANTIIASE OF L COPY OF WHICH IS ATTACHED HERETO, MARKED EX HIBIT "A" BE IT DAINED BY THE CITY RCOUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. That the City Manager be and he is hereby authorized to execute a lease with. Unicorn Ventures of Houston for several electron- ic games at the Corpus Christi International Airport as more fully set forth In the Cohtract for Lease of Equip- ment, as substantial copy of which is attached hereto, marked Exhibit "A", CONTRACT:'OR LEASE OF EUIPMENT AGREEMENT made on the -- da of --, be- tween CORPUS CHRISTI INTERNATIONAL AIR- PORT, a Municipal Func- tion, having its principal Christilace f Internationasiness at l Air- Nueces County, Texas, us rlhereinafter called the LESSOR and RUNICORN RN VENTUBERT S. RES/OF XAS, having Its principalTplace of busk• nese at P.O. Box 22337, Hous- ton, Texas, 77027, here- inafter called the LGSSEE, mu - for tual and conven- a ants contained herein, the I sufficiency of which are hereby acknowledged by m both paroles: tin 1. LEASE. The Lessor t ereby leases to the Lessee s 5e sppace, area, and prem- c es deslgnetedas follows. o rea oflthepairporti terminal d • be determined at the sole de Iscretlon of Lessor's Air- Lie ort Manager t Lessee agrees to furnish Le d Install In the space, co ea, and premises of the p I 1 Lessor t-�aw� wwwelim — deslgnazed- above, -sots Airport Manager. The newel, the machines w and Lessor agrees to accept, i Lessor shall be given ten continue to be held under t machines, and equipment as days notice of cancellation or terms of theInc Agreement fo follows expiration of such policy. an Indefinite term, provld Y A variety of mutually ac- 7. USE OF MACHINES. -hat thereafter ether pe E cepta ble entertainment The machines and equip- orthirfy(30)days written no - N equipment, but at least two meet shall be used only by tire to the other may ter N or more electronic amuse- the Lessor at such places as nate this Agreement, • ment devices. set out In paragraph one 11. RETURN OF MA E 2. TITLE. The machines above and shall be used only CHINES. Upon termfnatlo - shall at an times be the sole I for the purpose agreed upon In any matter whatever 5 property of the Lessee, and herein. The machines and this Agreement, the Lone H the Lessor shall have no equipment furnished by Les- shall forthwith deliver th R property therein, but only see will remain In such machines to the Lessee EQUIPMENT , the right to use the machines places twenty-four (24) complete and In good coed upon the conditions herein hours each day. tion, reasonable wear an - contained Lessor shall use its best ef- tear excepted; and the Les chines ASSIGNMENT. 0)) 008 e trans- and equto ipment operative enters hereby authorized premises ferred, delivered or moved and guarded. This shall In- with or without legal pro by any other person orcorpo- dude, but shell not be limit- cess, where the machine or ration, and this Agreement ed to, assurance that the ma- machines or any machine shall not be assigned by the of chines havey properrd hesour source hereby provided may be Lessor 4. ACCESS The Lessee cess to electrical outlets. feud, man0 atsuch smachinof es shall, at all times, have rio 8. RENTAL. The Lessee and remove such machines access to the machines and shall pay to the Lessor for as owed Lessee, as all gross d ori Uri equipment for the purpose of the Use of the space, area reported or un inspection or observation, or and premises designated ctl12. NOted in the manyineti to make alterations, repairs, I herein, payable at the Air- required ed under. Any nonce im rovements, or additions, port Manager's office In the menirs allnbe a submissio or to determine the nature or ,Nueces County, Texas: extent of use of the ma- A. Twenty-five (25) per- Ina notice notice,pof post- rovidedchines. cent of the gross receipts af- that it is signed by an officer 5 MAINTENANCE. The ter deducting cost of service of the party giving the no - Lessee shall keep the ma- and maintenance, until the tice, end posted by certified re- working and Th s shall taxes, Lessee'scost freight machines, mall, mos, returnthe thenreceiptparty Include all necessary repairs ered; its principal to the lacergqat and adlusfinents to keep the! B After payment of the nes sror where this u1 knows machines and equipment op sum described In Section place of business. crating on a profitable basis. 8(a), then Lessor shall re- 13, SIMILAR MACHINE$ If at any time the machines ceive 50 percent of all gross Lessor agrees that j�o ma - working) conditanA and telf hte of. errvices ftand maintener ance to that descost chines or pcgribed herein, o h-' fact Is unknown to the Les- derived from the use of the er than machines or equip• see, the Lessor shall give no- machines end equipment de- meni furnished by Lessee Lice to the 'Lessee that such scribed herein. pe machinery and equipment is 9. REPORTS. The Lessor hereto, eppremisl premises of the Lessor not operating In good and ef- shall require its operators, during the term Of th, flclent condition, and Lessee employees, er agents to keegapp.� Agreement. TT will endeavor to replace all upon blank A-12 report51EAG,0 14 RIGHT OF FIRST RE broken or missing parts and nIshed by the Lessee cccu- FUSAL In return for ,n make within a reasonable all pcollecfionsklmade ea h. traducing the described a an per,otl of time. day/week from each ma- if it equipment described nevem, 6 RISK OF LOSS. Lessee chine installed by Lessee. Lessor it her -been determined a gross t0 hold Lessor harm- Copies of the A-12 re orts am that ipm nt1 one ass from anyP filar to theent machines slm- and dalismperpetrated tyRes of van- forwardedbeveach machine wily lar the macbides and achine018eip on he- at the bets principal rini top ice of Losse andlpequa equallysophisticated icated . It Is further that nesspby lthep10101 day of the and andushould o eh acquired her Lessee shall carry In- following month along with and developed for additional urance and insurance poll- the amount of rental deter- financial gain, Lessor des les protecting against per- Mined under Section 8 above. by these presents hereby nal inlurles and property 10. TERM, This lease Shall grant unto Lessee the right amage in the following continue for five (5) Years of first refusal to develop, manner: 5300,1100.00-peracc - from the date hereof, unless erect, partition, and further et, 5300,000.00 per indlvld-'sooner terminated by Lessee furnish Lessor with said I, and 650,000,0010 proper- because of the Lessor's amusement equipment and damage coverage. The breach, on thirty (30) days facilities ssor Shall be named as a written notice to the Lessor. Lessee agrees, under car olicyuforwaardedcto the said FerAt n), unlesrtend his leasthe e, is re- fain }her writttenttagreement, th oat 1 t shall fu sRihe.necessary he capital outlay for any con- t sfruction, partitioning, end ed any other fu�shing of15(I� part amusement area, subluul5cg of the availability of apace on mi- Lessor's property, 15, This Agreement shall - be binding on the heirs, suc- n cessors, and assigns of both of parties as permitted In this r Agreement, and it Is ex - e pressly agreed and under- , stood that Lessee shall not 1- have the right to assign this d Agreement without the writ- - ten consent of the Lessor's o City Manager, , WAS PASSED AND AP- - PROVED by the City Counci of the City of Corpus Christi, Texas on August 19, 1981 WITNESS MY HAND THI I 20th DAY OF AUGUST, 1981 i -0-8111 G. Read City Secretary 004. relf STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day person uny came. BILLIE J. • +HENDERSON who being first duly sworn, according to law, says that he is the PUBLISHER'S AFFIDAVIT v.279460 CITY OF C. C. A�G4UI�TT�t(z ! r.FRx of the Corpus Christi Caller and The Corpus Christy Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDTAICE ON FTRST RFADpa of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TTS th AUGUST on the. 70.... day of 1981 ., and once each--•---_....d.a,y._thereafter day consecutive one Times. 0 27.88 BILLIE J. HEN RS Subscribed and sworn to before me this..J.1 MI day of_. „g1 T 18..81 I.OyS�ot n Po o, Nueces County, ICE OF PASSAGE p, F ORDINANCE RST READING AUTORIZING THE t H CITY MANAGER TO EXE- CUTE A LEASE WITH UNI- CORN VESTURES OF HOUSTON FOR SEVERAL ,ELECTRONIC GAMES AT' THE CORPUS CHRISTI IN., TERNATIONAL AIRPORTI 'AS MORE FULLY SET FORTH IN THE CON TRACT FOR LEASE OF, EQUIPMENT, A 5U8- STANTIAL COPY OFIi WHICH 15 ATTACHEDI i HIB TTO, MARKED EX-` Notice is hereby given l hat r Fthe City Council of the City of , Corpus Christi, as on the 5th! day of August, 1981, approv-' ed on first reading the afore- mentioned ordinance The! full teat of sald ordinance is available to the public in the Office of the City Secretary. , Witness my hand this 6th day of August, 1981. -s-ElII G. Read, City Secretory Corpus Christi, ?xaa m