HomeMy WebLinkAbout17519 ORD - 03/09/1983AN ORDINANCE
AUTHORIZING AN AGREEMENT WITH DAN POLINARD FOR USE OF A
PORTION OF THE BAYFRONT SEAWALL IN OPERATION OF A BICYCLE
SURREY CONCESSION.
WHEREAS, the proposal of Mr. Dan Polinard for the use of the
bayfront seawall in the operation of a bicycle surrey concession has been
received and approved by both the Park and Recreation Board and the Marina
Advisory Board; and
WHEREAS, it appears that such concession as proposed is consistent
with the Bayfront Development Plan providing for street vendors' operations
along the bayfront.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI: -
SECTION 1. That the City Manager be and is hereby authorized to
execute an agreement with Dan Polinard for a term of one (1) year with an
option to renew, for the operation of a bicycle surrey concession on a
portion of the bayfront seawall, subject to the terms and conditions of such
proposal as approved by the Parks and Recreation Board and the Marina
Advisory Board, and further subject to additional staff recommendations as
agreed upon by the parties and incorporated into said agreement.
1'7519
SEP 2 81984
MICROFILMED
That the foregoing ordinan was/ read fort first time andewsed to its
second reading on this thep/ day of , ldr3 , by the
following vote:
Luther Jones Qf/
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance, was read fore secon t' a and wised to its
third reading on this the q (I day of �/�(� , , 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 for
on this the
ng ordinan
day of
or the rd time and passed finally
,
l9
Wi, by 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
ATTEST:
Secretary
APPROVED:
y,DAY OF
J. BRUCE AYCOCK, CITY
By
, l9E5:
TORNEY
Gam- fit��
Assistant Ci//7
rney
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
17519
,190.
STATE OF TEXAS §
COUNTY OF NUECES §
LEASE AGREEMENT ,
KNOW ALL MEN BY THESE PRESENTS:
That this Agreement, made and entered into by and between the City
of Corpus Christi, Texas, hereinafter referred to as "City" and Mr. Danny
Polinard, hereinafter called "Lessee",
WITNESSETH:
WHEREAS, Lessee has proposed a use of the sidewalk along the
bayfront seawall for operation of a bicycle -type surrey concession; and
WHEREAS, it is the desire of the City Council that such lease be
granted upon the terms and condition set forth herein.
NOW, THEREFORE, for and in consideration of the exchange of mutual
covenants and conditions herein contained, and other good and valuable
consideration, City and lessee agree as follows:
That City hereby grants to said Lessee the use of the sidewalk
along the seawall between the South Texas Art Museum and Magee Beach for the
purpose of operating a surrey concession for a term of one (1) year, with an
option to Lessee to renew on an annual basis for four (4) additional one year
terms, subject to approval by the City Council, and subject to the terms set
forth in this agreement.
II.
Lessee shall pay 5 percent (5%) of each month's gross sales less
tax derived from said concession, payable to the Collections Section, City of
Corpus Christi, P.O. Box 9277, Corpus Christi, Texas, 78469, and due by -the
10th of each month. Lessee shall include with each monthly payment a
certified monthly statement of gross receipts from rental operations
according to current accounting procedures prescribed by the Director of
Finance of the City of Corpus Christi.
III.
That no more than twelve (12) surreys be placed at any one time
along the seawall; rental sites shall be coordinated with the Park and
Recreation Department and shall be subject to change from time to time as
necessitated by other uses of the seawall area. Surreys shall be restricted
to use along the seawall and Lessee expressly agrees that surreys shall be
prohibited from use on the T -Heads and L -Head. It shall be Lessee's
responsibility to inform its customers that surreys shall not be operated on
the bayfront land masses (T -heads and L -head).
IV
Security requirements will be borne by Lessee.
V.
In Lessee's use and enjoyment of described area, Lessee will
indemnify and save harmless the City of Corpus Christi from any neglect or
misconduct on the part of the Lessee, his agents, servants, employees, and
assigns, and shall in every way hold the City harmless from any and all
claims of injury or damage, or causes of action arising from Lessee's use of
said premises.
VI.
It is further understood and agreed that Lessee 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. City shall have the right at any time to require
Lessee to remove, paint or repair any of the signs allowed. Should Lessee
not remove, paint or repair said signs within ten (10) days of demand thereof- -
in writing, City may fulfill its demands and charge the expense of same to
Lessee.
VII.
City retains the right to cancel this lease agreement upon thirty
(30) days written notice to Lessee for cause, and such cause shall be a
violation of, or default in, any of the terms and conditions of this
agreement, or a violation of any federal, state or local law by Lessee,• its
agents, employees or assigns, or any conduct of Lessee, its agents, employees
or assigns found by City to be contrary to public policy.
VIII.
It is further understood and agreed that failure of the Lessee to
comply 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 for any damages growing out of this agreement, or to
in any way enforce the provisions of the agreement, recovery shall be added
to cover the expense of such legal action, in.addition to any court costs.
Lessee will incur no debts or obligations on the credit of the City of Corpus
Christi, Texas.
IX
The Lessee shall be responsible to the City for compliance with all
City health regulations and ordinances of the City of Corpus Christi as they
affect the Lessee's operation. Lessee shall bear the expenses of meeting all
regulations.
X.
Lessee shall maintain in full force and effect for the term 0 -F. -this
lease a policy of general public liability insurance in the sum of
$1,000,000 (one million dollars) combined single limit coverage, as evidenced
by delivery to City of a certificate of such insurance naming the City as
co-insured, effective upon date of execution of this lease.
XI.
The City hereby designates the Director of Parks and Recreation as
its agent -for the administration and enforcement of this lease agreement and.
` all inquiries relating thereto shall be addressed to the office of the
Director of Parks and Recreation, City of Corpus Christi, P.O. Box 9277,
Corpus Christi, Texas 78469.
WITNESS OUT HANDS at Corpus Christi, Texas, this the day of
, 1983.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED: APPROVED:
DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney Assistant City Manager
LESSEE °
Danny Polinard
arr.'
onz
• PASS F;t?E OF
ORDINANCE4,vt 7
ON FIRST READING''.
AUTHORIZING AN
AGREEMENT WITH DAN
POLINARO FOR USE OF
A PORTION OF THE BAY-
FRONT SEAWALL IN
OPERATION OF A BICY-
CLECESSION. SURREY
CON
Was passed on first read-
ing by the City Council of
the City of Corpus Christi,
Texas on the 23rd day of
February, 1983. The full text
of said ordinance is avail-
abe to 'the public In the
Office of the City Secretary-
,
-s-Bill G. Read
City Secretary,
Corpus Christi, Texas
NOTICE TO_H1DZGfa69tSMO
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss;
County of Nueces. 1
#21607
CITY OF CORPUS CHRISTI
igq\
Before me, the undersigned, a Notary Public, this day personally came_
ANNA GARZA who being first duly sworn, according to law, says that he is the
ACCOUNTING 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 FIRST READING AUTHORIZING AN
of which the a((nnexed is a true copy, was published in - r CORPUS CHRISTI CALLER -TIMES
on the 28gy �, FEBRUARY 19_28 ... and once each............................. for ONE
consecutive DAY
ONE._._.._._._Times.
22.77 ANNA GARZA
ACCT CLERK
Subscribed and sworn to before me
.EUGENIA S. CORTEZ
MARCH
A
Notary Pubspc, Nueces County, Texas
STATE OF TEXAS,
County of Nueces.
SBS:
,PUBLISHER'S AFFIDAVIT
#10980
CITY OF CORPUS CHRISTI
Before me, the undersigned, a Notary Public, this day personally came. _.
ANNA GARZA who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK
of the Corpus Christi Caller and The Corpus Christi Timer;
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 AUTHORIZING AN.........
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the '7 day of. MARCH
consecutive DAY
ONE
--.._...._Times.
19 83 and once each DAY thereafter for ONE
23.76 ANNA GARZA
ACCT CLERK
d&zzzg
Subscribed and sworn to before me this . 15th „__day of. MARCH
EUGENIA S. CORTEZ
Notary Pub c, Nueces County, T
•
PASSAGE OF
ORDINP4CE ON ..r+•J
SECONI7 1EADING
AUTHORIZING AN
AGREEM1,NT WITH DAN
POLINAll FOR USE OF
A PORTION OF THE BAY- y
FRONT SEAWALL IN
OPERATION OF A BICY-
CLE SURREY
CONCESSION.
Was passed on second
reading by the City Council
of the City of Corpus Chris-
ti, Texas on the 2nd day of
March, 1983. The full text of
said ordinance is available
to the public in the Office of
the City Secretary.•
-s-Bill G. Read
City Secretary,
Corpus Christi,