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Home My WebLink About17290 ORD - 10/06/1982AN ORDINANCE AUTHORIZING A THREE YEAR AGREEMENT WITH BENNETT CONCESSION OF CORPUS CHRISTI FOR CONCESSION RIGHTS AT THE SOFTBALL COMPLEX AT BILL WITT PARK FOR 27 PERCENT OF THE GROSS SALES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a three year agreement with Bennett Concession of Corpus Christi for concession rights at the softball complex at Bill Witt Park which provides for the City to receive 27 percent of the gross sales, 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. V7290 MICROFILMED Sp 6 1984 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THIS AGREEMENT, made and entered into on this the day of , 1982, A.D., by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statues of the State of Texas, hereinafter referred to as "CITY", and , of Nueces County, Texas, hereinafter called "PERMITTEE". WHEREAS, Permittee has requested the use of the Concession Building at the Bill Witt complex in Bill Witt Park 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 make direct sales to the public of wrapped sandwiches, hot dogs, hamburgers, popcorn, packaged chips, peanuts, soft drinks in paper cups only, candy, chewing gum, and ice cream, etc. That the City of Corpus Christi hereby grants to the Permittee the use of the property described for the specific purposes heretofore enumerated and such privilege is granted for 3 -year use of the described property, said use to begin upon execution of this agreement, and terminating 11 The City hereby grants unto Permittee the rights of concession, within the concession building of the Softball Complex in Bill Witt Park, subject to the terms, conditions -and covenants of this contract. 111 The Permittee shall have the right to conduct sales under the concession grants herein granted at the following location: Within the Concession Building located at the Softball Complex in Bill Witt Park. b "A" IV It is understood by and between the parties that electrical, gas and water services are available to the concession building and that the 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 Permit - tee's expense. Installation will be so arranged that usage can be determined sep- arately. 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 has to bear the expenses of meeting all health regulations. B. Workmen's Compensation Insurance and approved Public Liability Insu- rance, 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 concessionaire, 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 of the Director of Parks and Recreation. D. Maintaining a clean and neat operation within the concession building and properly disposing of any debris or refuse within 25 feet of the building result- ing from operation of saieconcession, trash receptables at concession stand to be provided by Permittee. There should be a minimum of four trash receptacles, but the quantity shall be sufficient to care for customer debris or trash disposal with- in 25 feet of the concession stand. Parks and Recreation Department i11 provide daily trash pick-up from central location at a site designed by Parks and Recreation Department. E. Make inspections of the public restrooms that are located in the same building twice each day, checking said restrooms for cleanliness, vandalism, and pervert activity. Any problems related to cleanliness or vandalism should be reported to the Parks and Recreation Department; any problems relating to pervert activity should be reported to the Police Department. The Parks and Recreation Department will be responsible for cleaning and maintaining the restrooms. F. Filing of a financial statement with the Parks and Recreation Depart- ment on or before the tenth day of each month and at that time paying City its share of gross receipts for previous month. City will provide all necessary forms. G. Hours of operation will be during all regularly schedule seasonal acti- vities (softball and/or soccer) and any other special events scheduled by the Parks and Recreation Department. The concession area will be in operation for special events by mutual agreement between the Permittee and the Parks and Recreation Department. VI 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, said percentages being due and payable on the tenth of each month during the term of this agreement. VII Peraittee herebyagrees to furnish to the City certified monthly state- ments of gross business, including the profits from subcontracts; sales are to be broken down into individual dates, according to current accepted accounting proce- dures prescribed by the Department of Finance of the City. VIII . City retains the right at any time to cancel any such use privilege agreement and may_cancel tis permit upon thirty (30)days written notice to Permit- tee. IX It is further understood and agreed that the Permittee is and shall he'an independent contractor hereunder, and that in his use and enjoyment of the premises he will indemnify and save harmless the City from any neglect or misconduct on the part of the Permittee, his agents, servants, employees, and assigns, and shall in every way hold the City harmless from same. X It is further understood and agreed that the Permittee shall not make alrerations, additions, or improvements to said building, without prior written consent of the City. All alterations, improvements, and additions made by the Per- rittee upon said building, although at his own cost and expense, shall, if nor re- moved by Permittee at any termination hereof, become the property of the City in fee simple without any other action or process of law. Xl 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, ex- cept as and when first approved in writing by the Parks and Recreation Department. The Parks 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 Parks and Recreation Department may fulfill its demands and charge the expense of same to Permittee. XII It is further understood and agreed that the City will maintain the build- ing and utility lines serving same and that the Permittee will maintain the interior of the building, including painting and light fixtures. XIII It is further understood and agreed that the Permittee shall not sub -lease the leased premises or any 'part thereof without the written consent of the City. XIV It is further understood and agreed that failure of the Permittee to com- ply with any of the terms herein provided 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 BANDS, in duplicate this the day of >19 ATTEST: CITY OF CORPUS CHRISTI BY: .City Secretary Edward A. Martin; City Manager APPROVED:. DAY OF >1982: J. BRUCE AYCOCK, CITY ATTORNEY _ BY Assistant City Attorney Permittee APPROVED: ). Assistant City Manager . That the foregoing ordinanc,rs read for t e first time And passed to its , second reading on this the 7471-4 day of 19K2, 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 waivread third reading on this the ,29 -f\ --day following vote: Luther Jones Betty N. Turner Jack K:--EumPhy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky time a q passed to its 19 21 , by the That the forego'n dinance Vad for thel9hdtpin4 and passed finally on this the day of f/ the following vote: 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 4.66ay of ATTEST: WbOVD: -fif DAY OF , 195;i, J. BRUCE AYCOCK, •I Y AT ORNEY By MAYOR THE CIf OF CORPUS CHRISTI, TEXAS 9 = 'STATE OF TEXAS, County of Nueces. }SS: #V1613 PUBLISHER'S AFFB)AVIT CITY OF C.C. • \--->av Before me, the undersigned, a Notary Public, this day personally came MARTIIIEZ ..... who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi 17mes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 17289 . • • • of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the....11th day of OCTOBER 1982 , and once eaeh any thereafter for...-.one---- consecutive..—flay.-. .............Times. 18.90 LORRAINE C. MARTINEZ ACCOUNTING CLERK 15th Subscribed and sworn to before me this day of OCTOBER 19 82 gmaajza Mati;izei EUGENIA S. ODRTEZ —Notary Pub Nueces County, Texas NOTI CEA PA AGE OF ORDINANCE - —AMEW)11,1frt THE CODE i OF ORDINAI,CES TO ES -4 TABLISH A I ERMANENT, ART TRUST FUNO; A4D,1 PROVIDING AN INITIAL APPROPRIATION OF $25,000. Was passed and approved by the City Council of the City of Corpus Christi, Texas on the 6th day of October, 1982. The full text of said ordinance Is avaliable to tne public In the Office of the City Secretary. •s•eill G. Read 0 City Secretary 1, Corpus Christi, rf, Texas