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