HomeMy WebLinkAbout17937 ORD - 11/16/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT
THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID
AGREEMENT TO BE FOR A PERIOD OF FIVE (5) YEARS, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with Gabe Hernandez for concession privileges at the concession
building at the Peoples Street T -Head, 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".
17937 •
MICROFILMED
SEP 2 8 jgg4
•
THE STATE OF TEXAS )
COUNTY OF NUECES )
10/83
KNOW ALL MEN BY THESE PRESENTS:
THAT THIS AGREEMENT, made and entered into on this the day of
, 1983, A.D., by and between the City of Corpus Christi, Texas,
a municipal corporation, hereinafter referred to as "CITY", and
, of Nueces County, Texas, hereinafter called "Lessee":
WHEREAS, the Lessee has requested the use of a building located adjacent
to the concrete slab on the Peoples Street T -Head within the City of Corpus Christi,
Texas for the purpose of operating a food and drink concession. business. The rights
of the concession herein granted is the exclusive right to make direct sales to the
public of wrapped sandwiches, hot dogs, hamburgers, popcorn, peanuts, soft drinks
in paper cups only, candy, chewing gum, and ice cream.
I
That the City of Corpus Christi hereby grants to the Lessee the use of_
the property described for the specific purposes heretofore enumerated and such
privilege is granted for a five-year use of the described property, said use to
begin upon execution of this agreement.
II
The City hereby grants unto Lessee the rights of concession, at the con-
cession building on the Peoples Street T -Head subject to the terms, conditions and
covenants of this contract.
III
The Lessee shall have the right to conduct sales under the concession,
grants herein granted at the following location:
Concession Building located adjacent to concrete
slab on Peoples Street T -Head.
IV
The Lessee 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.
B. Workmen's Compensation Insurance and approved Public Liability Insur-
ance, including poisoning or illness from food or drink in. the amount of $100/300,000;
$10/50,000 Property Damage Insurance and indemnification of the City against all
claims resulting from the operation of the concessionaire, his agents, servants,
employees, and assigns, naming the City as Co-insured.
gx.b..,A'
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 simi-
lar conditions elsewhere in the City. If the Lessee 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 area
and properly disposing of any debris or refuse resulting from operation of said
concession.
E. Make twice daily inspections of the public restrooms that are located
in the same building, checking said restrooms for cleanliness, vandalism, and per-
vert activity. Any problems related to cleanliness or vandalism should be reported
to the Park and Recreation Department or the Marina Department; any problems relat-
ing to pervert activity should be reported to the Police Departm ent. The Park and
Recreation Department and the Marina Department will be responsible for cleaning
and maintaining the restrooms.
F. Electricity used by Lessee will be provided by the City at no cost
to Lessee, except air conditioning equipment and service is at Lessee's expense.
V
=For and in consideration of the rights and privileges herein granted,
Lessee hereby agrees to pay to the City 28 percent (28%) of each month's gross
sales derived from said concessions, said payment being due and payable at the
Office of the Collection Section of the Finance Department, P.O. Box 9277, 321
N. Mesquite, Corpus Christi, Texas 78469, on or before the tenth day of the fol-
lowing month.
VI
Lessee hereby agrees to file a certified statement of monthly gross
receipts on or before the tenth day of each month with the Director of Finance.
The Lessee shall install and keep an adequate system of bookkeeping to be approved
by the Director of Finance of the City of Corpus Christi; which books will be avail-
able for inspection audit and copying by the Director, his duly authorized agent
and representatives during normal business hours. All necessary forms shall be
prescribed and approved by the Director of Finance.
VII
The City retains the right at any time to cancel this agreement upon
sixty (60) days written notice to Lessee.
VIII
It is further understood and agreed that the Lessee is and shall be 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 Lessee, his agents, servants, employees, and assigns, and shall_ in all
ways hold the City harmless from same.
IX
It is further understood and agreed that the Lessee shall not make alter—
ations, additions, or improvements to said building, without prior written consent
of the Director of Parks and Recreation. All alterations, improvements, and addi—
tions made by the Lessee upon said building, although at his own cost and expense,
shall if not removed by Lessee at any termination hereof become the property of
the City in fee simple without any other action or process of law.
X
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 where first approved in writing by the Parks and Recreation Depart—
ment. The Parks and Recreation Department shall have the right at any time to
requite=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, the Parks and Recreation Department may fulfill its demands and charge the
expense of same to Lessee.
XI
It is further understood and agreed that the City will maintain the build—
ing and utility lines serving same and that the Lessee will maintain the interior
of the building, including painting and light fixtures.
XII
It is further understood and agreed that the Lessee shall not sublease
the leased premises or any part thereof without the written consent of the Parks
and Recreation Department.
XIII .
It is further understood and agreed that the failure of the Lessee to
comply with any of the terms herein provided shall authorize 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 ren-
-3-
tal due hereunder, to collect any damage growing out of this lease, or to in any
way enforce the provisions of the lease, ten percent (10%) of this amount of such
recovery shall be added to cover the expense of such action; said ten percent (10%)
shall be in addition to any court costs.
Lessee will incur no debts or obligations on. the credit of the City of
Corpus Christi, Texas. -
XIV
Minimum hours of operation of the concession shall be daily from 10:00
a.m. to dark as many days of the year as it is practical to do so, as determined
by the Director of Park and Recreation, depending on weather conditions at least
from March through November.
WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, this the day of
, 1983.
ATTEST: CITY OF CORPUS CHRISTI.
City Serreiary City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF- , 1983
City Attorney Lessee
GABE HERNANDEZ
Director of Finance
That the foregoing. ordinance as read for t first t'me and p ssed to its
second reading on this the day of ,''19J3. , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. awkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance 19 read for e second time and assed to its
third reading on this the day of , 1953 , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the for jpg ordi a was r -ad for th hird time and passed finally
on this the / i"day of ,4 / , 1911- , by the followin. vote:
Luther Jones O __ Herbert L. Hawkins, Jr. /
Betty N. Turner /_ Dr. Charles W. Kennedy 4 _
David Berlanga, Sr. / Joe McComb 40'.._
r
Leo Guerrero / Frank Mendez 04
Mary Pat Slavik / _
PASSED AND APPROVED, this the
ATTEST:
City
cre6 (2V'
A VED:
DAY OF
.�11K
iV e --, 19/3:
J. BRU ,,,. OC CITY ATTORNEY
day of 4/11.01/41.1-) , 19 173.
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
17937
•39b9. NOTICE:OF e;«-
- PASSAGE OF
ORDINANCE
ON FIRST READING
RECTINGAUTHORIZ01-
I THENG N CCITY
MANAGER TO ENTER IN-
TO AN AGREEMENT
WITH GABE HERNANDEZ
FOR CONCESSION PRIVI-
LEGES AT THE
CONCESSION BUILDING
AT THE PEOPLES
STREET T-HEAD, SAID
AGREEMENT TO BE FOR
A PERIOD OF FIVE (5)
YEARS, ALL AS MORE
FULLY SET FORTH IN
THE AGREEMENT.
Was passed on first read-
ing by the City Council of
the City of Corpus Christi,
Texas on the 2nd day of
November, 1983. The full
text of said •ordinance is
available to the public In,
`the Office of the City Secre-
tary. 4
-s-Bill G. Read
City Secretors"
Loi.,Corpus Christi, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss:
County of Nueces.
AD#27540
City of C.0
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 QRDINA,NCF.,.,.�a,.,._
of which the annexed is a true copy, was published in ____CALLER—TIMES PUBLISHING CO.
on day ofNovember 1983 , and once each Sidy thereafter for ane..._.
consecutive day
aue Times. �p
30.69 GRACIE DE LUNA !J4LO /0-4„ ..._ .—.,
��- - Adm. Asst. Sec.
Subscribed and sworn to before me this 1 Oth day of
November
19 83Az.
l otary Public, NueCounty, uuty Texas
EDNA KOSTER