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Home My WebLink About17723 ORD - 07/20/1983AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LEASE AGREEMENT WITH MRS. HELEN MINNIE FOR MANUAL FOOD OPERATION CONCESSION AT CORPUS CHRISTI GOLF CENTER. 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 lease agreement with Mrs. Helen Minnie for a manual food operation concession at Corpus Christi Golf Center in consideration for 21% of gross sales, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". "SEP 2 81984 17:23 THE STATE OF TEXAS § COUNTY OF NUECES § r KNOW ALL MEN BY THESE PRESENTS: THAT THIS AGREEMENT is hereby made and entered into effective on the day of , 1983, 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 Mrs. Helen Minnie, of Nueces County, Texas, hereinafter called "PERMITTEE". Whereas, Permittee has requested the use of the Concession area at the Corpus Christi Golf Center within the City of Corpus Christi, Texas for the purpose of operating a concession business. NOW, THEREFORE, City does hereby grant Permittee the rights of concession to make direct sales to the public of wrapped sandwiches, hot dogs, popcorn, packaged chips, peanuts, soft drinks, candy, chewing gum, cigars, beer in aluminum cans and draft beer in plastic cups, and milk in cartons, according to the terms and conditions herein: A. That City hereby grants to Permittee the use of the property described for the specific purposes heretofore enumerated and such privilege is granted for a three-year term, commencing on 1983. B. It is understood by and between the parties that electrical, gas and water services are available to the concession area and that these services will be provided by City at no cost to the Permittee. C. The Permittee shall be responsible to City for the following: (1) Permittee shall comply with all applicable City health regulations and other ordinances, laws, and regulations. (2) Permittee shall carry approved Public Liability Insurance, including poisoning or illness from food or drink in the amount of $100,000/$300,000; $10,000/$50,000 Property Damage naming City as a coinsured. Permittee shall indemnify and hold harmless City against all claims resulting from the operation of the concessionaire, her agents, servants, employees, and assigns. A copy of said policy shall be filed with the Director of Park and Recreation. .E(/.I ., (3) Permittee shall post 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, she must first receive the approval of the Director of Park and Recreation. (4) Permittee shall maintain a clean and neat operation within the concession area and property dispose of any debris or refuse in the area resulting from operation of said concession. Trash receptacles at concession stand will be provided by Permittee. (5) Permittee shall file a financial statement with the Park and Recreation Department on or before the tenth day of each month, and keep books and records as prescribed by City's Director of Finance. (6) Hours of operation will be during all regularly scheduled golf activities and any other special events scheduled by the Golf Professional or the Director of Park and Recreation. The concession area will be in operation for special events by mutual agreement between the Permittee and the Director of Park and Recreation. D. For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to City twenty-one percent (21%) of gross sales derived from said concessions, said amount being due and payable on the tenth of each month during the term of this agreement. E. City retains the right at any time to cancel this agreement provided that thirty (30) days prior written notice is given to Permittee. F. It is further understood and agreed that the Permittee is and shall be an independent contractor hereunder, and that in her use and enjoyment of the premises she will indemnify and save harmless the City from any neglect or misconduct on the part of the Permittee, her agents, servants, employees, and assigns, and shall in every way hold the City harmless from same. G. It is further understood and agreed that the Permittee shall not make alterations, additions, or improvements to said concession area without prior written consent of the City. H. It is further understood and agreed that failure of the Permittee 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. Permittee will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. WITNESS OUR HANDS, in duplicate this the day of 1983. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: (DAY OF J. BRUCE AYC , 1983: By: Edward A. Martin, City Manager ATTORNEY Permittee APPROVED: (Department Head) That the foregoing ordinance a ead for .41 fir t time second reading on this the j day of Ak._.:.i , 19 / following vote: Luther Jones I, Betty N. Turner '' Jack K. Dumphy 40!. / Bob Gulley / /i "�« Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy / Cliff Zarsky- /ri �� That the foregoing ordinance waty ead for th / se end time aryLpassed to its third reading on this the /3'ellday of 7i.., _, , 19 d , by the // passed to its , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy %1. • /. Cliff Zarsky /, _ That the foregoing 4inance w re.d for the t INA time and passed finally on this the c240'—'day of �,� , 9 , 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 may ATTEST: AfR VED: ry W DAY OF , 19 d 3 J. BRUCE AYCOCK, CIT ATTORNEY By MAYOR ,Or THE CI OF CORPUS CHRISTI, TEXAS 9 O-3 17723 vp STATE OF TEXAS, tss: County of Nueces. J PUBLISHER'S AFFIDAVIT AD#59151 City of C.C. /7 7.23 Before me, the undersigned, a Notary Public, this day personally came GRACIE' DE LUNA , who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY 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... of which the annexed is a true copy, was published in on the llth day of Julyi9.. 84 and once each S1nY thereafter , CALLER—TIMES PUBLISHING CO. day consecutive One Times 22.77 GRACIE DE LUNA ADM. ASST. SECRETARY Subscribed and sworn to before me this 13th day EUGENIA S. CORTEZ July 19....$ Notary P.dblic, Nueces County, Texas NOTICE OF PA 5 OF ORDINANCE ON FAUTIHO READING AGTHE CITY MAO. ER TO EXE- CUTE A 'THREE-YEAR LEASE AGREEMENT WITH MRS '}IELEN MIN• NIE FOR M,MUAL FOOD OPERATION CONCESSION AT COURPUS CHRISTI GOLF CENTER, Was p ng by the e City Cound on first cilaal the City of Corpus Christi, Texot Joy, 1983 The full texas on the 6th t of said ordinance Is available to the the City Secretarye Office of •s -Bill Read City Secretary Corpus Christi, Texas 4.4 STATE;bF TEXAS, County of Nueces. }83. PUBLISHER'S AFFIDAVIT 1162278 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came RITA C. ROSALES , 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 of which the annexed is a true copy, was published in CORPUS CHRISTI CALLEII-TIME$ on the._.7 P.tbday of JULY 19..R_3., and once each DAY thereafter for ONE DAY consecutive ONE Times. 22.77 i-- RITA C. ROSALES ACCOUNTING CLERK Subscribed and sworn to before me this19th day of JULY _ 19 83 EUGENE S. CORTEZ otary2Public, Nueces County, Texas Irtgie EOR PA AG 1 y,,,� 1st AUTHORIZING THE C T p MANAGER TO EXECUTE Y THREE•YEAR LEASE eAGREEMENT iTi FOR HELEN M r TION CONCESS ON AT • CORPUS CHRISTI GOLF CENTER. Was Passed on second reading by tI' CITY Counul V, the CUY of Cor3the th Chris. s 11, 'Thee on The tun h taxi of of said. rdi is said ordhe inance n the 011 ca of e to Cl?Y the CRY Secretor s.Bill Read City Secretary Corpus Christi, Texas Cf