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Home My WebLink About16609 ORD - 10/21/1981sp;9/29/81;lst r '♦ r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE McGEE BEACH, SAID AGREEMENT FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE 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 be and he is hereby authorized to execute an agreement with Mr. Gabe Hernandez for concession privileges at the concession building at the McGee Beach, said agreement to be for a period of five years, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SEP 2 7 7984 MICROFILMED 16609 •r THE STATE OF TEXAS 1 COUNTY OF NUECES I • AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT THIS AGREEMENT, made and entered into an this day of , 1981, 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 Gabe Hernandez , 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, hot dogs, hamburgers, popcorn, packaged chips, peanuts, soft drinks, and draft beer in paper cups only, candy, chewing gum and ice cream. (2) Rental of floats, and other related beach equipment, as well'8s the following: Sun glasses, beach towels, sun tan lotion, snow cones, ice, terminalfishing tackle and bait (frozen), rental of fishing tackle. ,-and.skatessa The lease areas shall be used for the above listed privileges and for no other purposes. 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, and 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. The Permittee shall have the right to conduct sales under the concession • rights herein granted at the following location: Within the McGee Beach Building located at Shoreline Drive East of Memorial Coliseum. ExA IV. It is understood by and between the parties that electrical, gas and water services and garbage pick-up are avaiiable'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 following: (A) Compliance with all City health regulations and ordinances of the City of Corpus Christi as they affect the concession operation, Permittee to bear the expense of meeting all health regulations. 8) Workmen's Liabilitj+ Insurance intludi�ngnpoisbningsation sorance and illness frop m fooddrldrink; in'the : amount of.$100/$300,000;=$10;000/50;000:Property Damage_Insurance.and,,'• indemnification of the•Citq:against•all'tlaims resulting frdm-the operation of the concession by Permitte, his agents, servants, employees, and assigns. In-the_eient Permittee:rents-skates; additional -insurance will be._required. p (C) Posting 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 concession building-and.proPerly:disposing:gf any. debris: r refuse.to.include..al•l,the.,. .bui]digig.and-,dead rea•-beloivstherseawalitlexclosivevofAhelbr'eakwatel%rasas •shoWnwiniAttathmentaNAW resulting;from:oPeratibbofo§aidieoncess4ofro trashsh receptatiet, •at ,con cess i on: s tand : to' be' Provi ded. by. Pe?mi ttee... The'rei shai.l1 bele no less than :four-(4):trash.receptables; but the quantity shall.be•.sufficient to care for customer debris or trash disposal in the area so. designated above, TheiPark and Recreation Department will provide daily trash pickup from a central location at the site designated by the Park and Recreation Department. (E) Keeping the restrooms•in the building, including toilet fixtures, clean and sanitary at all times and (seeping the restrooms stocked with paper. The restrooms shall be cleaned as often as necessary to keep them clean and _ sanitary, but notless 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 -restroom fixtures. • (F) Filing of a financial statement with the Park and Recreation Department:on•.or.before the.tenth day of each month and paying City atsucb=time•its.share.of,gross receipts for the previous month,:City to•provide•'a19'hecessary, forms... ‘from 10 A.N.MinimumG) hours .- tdark on a year-Froundaof basisoertion Any variation the nofhthis bschedule must be approved by the Director of Park and Recreation... VI: . For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to the City ,Y:- .-(%) of gross sales .derived from said concessions, and percentages being due and payable on the tenth of each month during the term of this agreement. -2- 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 prescrived by the Department of Finance of the City. City retains the right at any time to gaa'cel this use privilege agreement and may cancel the permit.upon :thirty days written notice to Permittee for cause, for violationof any of the terms and conditions of this agreement, or for violation of and Federal, State, or local law or ordinance by the Permittee. IX. 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, shall, 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. XI. It is furhter 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 and/or cancel the contract. • 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. XIII. 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 reposses the pre- mises described herein. In the event any legal action is undertaken by -3- the City to collect growing out of this lease, an additional the expense of such court costs. the rental due hereunder, to collect for any damages lease, or to in any way enforce the provisions of the ten percent of such receover shall be added to cover legal action, said ten percent to be in additi on to any. City of Corpus Christi, Texas. Permittee will incur no debts or obligations on.the credit of the WITNESS OUR HANDS in duplicate originals, this the of ATTEST: City Secretary Se arc ay APPROVED: City ';At t DilY OF aao Assistant City Manager , 1981. CITY OF CORPUS CHRISTI By , 1981: -4- Ernest M. Briones, Acting City Manager PERMITTEE 15E-464 cONGE-167N • That the foregoing ordinance s read for second reading on this the / day o following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky fi st timeyd passed to its , 19 , by the That the foregoing ordinanceas read for cond time and passed to its third reading on this the /c day of $046„i , 19 V/ , by the following 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 r -•d for he thhr time and passed finally / on this the ,pday of/ , 19d% , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy ` Bob Gulley Herbert L. Hawkins, Jr. jdf Dr. Charles W. Kennedy1 /, 1 Cliff Zarsky PASSED AND APPROVED, this the A/ day of 1��; J , 19 .10 ATTEST: Ci Secretary �I7"—"DAY OF , 19 O J. BRUCE A COCK, C TY TTORNEY By MAYOR 16509 THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. }ss: PUBLiSHEP'S AFFIDAVIT v.321878 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came.. BILLIE J. HENDERSON who being first duly sworn, according to law, says that he is the ACQOUTING CLERK . of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING..... of which the annexed is a bile copy, was published in CORPUS CHRISTI CALLER -TIMES on the1.9.th... day of..----.0.0.11lER 19_81, and once each. cay thereafter for one consecutive day._ one __Times. 29.52 BILLIE J. HENDERSON Subscribed and sworn to before me this ......26th _day of OCTOBER LOIS WINN Notary Pub 'c, Nueces County, Texas 81 PASSAGE OF - I ORDINANCE ON SECOND READING , , AUTHORIZING THE ,,, CITY MANAGER TO EXE- CUTE AN AGREEMENT I CESSION PRIVILEGES AT , THE CONCESSION BUILD -1 BEACH, SAID AGREE - 1 MENT FOR A PERIOD OF' , FIVE YEARS, ALL AS I MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF ,WHICH IS ATTACHED, 114ERETO AND MADE A PART HEREOF, MARKED,1 EXHIBIT "A". ' WAS PASSED ON SEC- 1 ' ND READING by the City , 'council of the City of Corpus ' Christi, Texas on the 14th 1 day of October, 1981, previ- Rly approved on first read - on Wolfer 7, 19E11. The u I text of said ordinance is available public the . *"mm" City � ^ City Secretary , Corpus Christi, ' n= �� sp;9/29/81;lst , i A AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE McGEE BEACH, SAID AGREEMENT FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. r 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 Mr. Gabe Hernandez for concession privileges at the concession building at the McGee Beach, said agreement to be for a period of five years, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SEP 2 71884 MICROFILMED 16609 THE STATE OF TEXAS A COUNTY OF NUECES f . THAT THIS AGREEMENT, made and entered into on this day of , 1981, A.D., by and between the City of Corpus • AGREEMENT KNOW ALL MEN BY THESE PRESENTS: 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 Gabe Hernandez , 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) Se11 wrapped sandwiches, hot dogs, hamburgers, popcorn, packaged chips, peanuts, soft drinks, and draft beer 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, sun tan lotion, snow cones, ice, terminal•fishing tackle and bait (frozen), rental of fishing tackle. •-and:skatesra The lease 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, and 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: Within the McGee Beach Building located at Shoreline Drive . East of Memorial Coliseum. E03 " Iv. It is understood by and between the parties that electrical, gas and water services and garbage pick -up -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 following: (A) Compliance with all City health regulations and ordinances of the City of Corpus Christi as they affect the concession operation, Permittee to bear the expense of meeting all health regulations. (B) Workmen's Compensation Insurance and approved Public Liability Insurance, -including poisbning or illness from food dr:drink; in'the amount of.$100/$300,000;=$10;000/50;000:Property••Damage_Insurance.and'-i indemnification of the•Citytagainst-all'claims resulting from -the operation -.1 of the concession by Permitte, his agents, servants, employees, and assigns. `In the'event Permittee:rents-skates; additional insurance will be:required; at (C) Posting 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 opration within the concession building-and.properly:dispos.ing:gf any- debris: r refuse -.to• include.al•l,the.,: .busldidg:and.;ded , rea•tbelow;theiseawaliblexclosivevof)theibr"eakWate-mrasa9 •shoWauainiAttgthuient+NAAVresultinglfrom,ope,ratibh ofo§aididoncess4onlotrksbsh receptacle§_at=toncessionstand tobe provided.liylPermittee:>>.Thereshag-ibe:L no les-than-four•(4):trash.receptables; but the quantity shall•be•sufficient:+' to care for customer debris or trash disposal in the area so. designated above.- TheEPark and Recreation Department will provide daily trash pickup from a central location at the site designated by the Park and Recreation Department. (E) Keeping 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, butnotless than twice a &y. The City shall furnish all supplies and tools for -use by the Permittee in the restrooms-and the City shall make all'repairs to -restroom fixtures. (F) Filing of a financial statement with the Park and Recreation Department:on-.or-before the.tenth day of each month and -paying j City pt --such time• -its. share- of -gross receipts for the previous month,;:City = to' provide'all'hecessary forms... (G) Minimum hours of operation of the concession shall be daily' ,from 10 A.M.-to dark on a year-round,basis. Any variation of this schedule must be approved by the Director of Park and Recreation.". VI:1. For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to the City .(%) of gross sales derived from said concessions, and percentages being due and payable on the tenth of each month during the term of this agreement. -2- •r VII. Permittee agrees,to furnish to the City certified monthly statements of grossbusiness, including the profits from subcontracts, sales to be broken down into individual dates, according to current accepted accounting procedures prescrived 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 :thirty days written notice to Permittee for cause, for violationof any of the terms and conditions of this agreement, or for violation of and Federal, State, or local law or ordinance by the Permittee. IX. 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 writteh consent -of -the' City: All alteratioins, improvements", and • additions made by the Permittee upon said building, although at his own cost and expense, shall, 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. . XI. It is furhter 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 and/or cancel the contract. 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. XIII. 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 reposses the pre- mises described herein. In the event any legal action is undertaken by -3- 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 receover 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 , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest M. Briones, Acting City Manager APPROVED: DIY OF , 1981: Assistant City Manager -4- PERMITTEE arena of itcl ATTACHMENT "A" That the foregoing ordinances read for,1 - fi st time��d passed to its second reading on this the f day o ��<<„i , 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinanceas read for $ cond timeandpassed to its ts third reading on this the /P day of d id following 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 on this the *k day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the A/ day of d for he th'r, , 196 time and passed finally , by the following vote: ATTEST: AY OF ,1901 J. BRUCE ACOCK, C TY TTORNEY By MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16609 • STATE OF TEXAS, L. County of Nueces. f • PUBLISHER'S AFFIDAVIT v.321878 CITY OF C. C. Before me. the undersigned, a Notary Public, this day personally came_.. BILLIEJ HENDERSON - who being first duly sworn, according to law, says that he is the ........ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the1.9th.. day of._..._.-OCTQRFR 19-11.1..., and once each day thereafter for consecutive. day one 29.52 BILLIE J. HENDERSON� 26th OCTOBER Subscribed and sworn to before me this_._.. _day of__..._.� .._ LOIS WINN_f� Notary Pub 0118 18 81 ic, Nueces County, Texas