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HomeMy WebLinkAbout17984 ORD - 12/14/1983TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MS. MARGIE BENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE GREENWOOD SOFTBALL COMPLEX. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an agreement with Margie Bennett for concession privileges at the concession building at the Greenwood Softball Complex, 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". 1'7984 "SEP 2 8 I ' MCROF1LMED 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 , 1983, 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 Margie Bennett, of Nueces County, Texas, hereinafter called "PERMITTEE". WHEREAS, Permittee has requested the use of the Concession Building at the Softball Complex in Greenwood 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. I 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 5 year use of the described property, said use to begin upon execution of this agreement, and terminating II The City hereby grants unto Permittee the rights of concession, within the concession building of the Softball Complex in Greenwood Park subject to the terms, conditions and covenants of this contract. III 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 Greenwood Park. IV It is understood by and between the parties that electrical, gas and water services are available to the concession building and that these • Cx la "Fl 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 has to bear the expenses of meeting all health regulations. (B) Workmen's Compensation Insurance and 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 Insurance and indem- nification 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 merchan- dise 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 resulting from operation of said concession, trash receptacles 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 within 25 feet of the concession stand. Parks and Recreation Department will provide daily trash pick-up from central location at a site designated 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. -2- (F) Filing of a financial statement with the Parks and Recreation Department 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 scheduled seasonal activities (softball and/or football) 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 twenty-seven percent (27%) 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 Permittee hereby agrees to furnish to the City certified monthly statements of gross business, including the profits from subcontracts; sales are to be broken down into individual dates, according to current accepted accounting procedures 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 this permit upon sixty (60) days written notice to 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 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 alterations, additions, or improvements to said building, without prior -3- written consent of the City. All alterations, improvements, and additions made by the Permittee upon said building, although at his own cost and ex- pense, shall, if not removed by Permittee at any termination hereof, become the Property of the City in fee simple without any other action or process of law. - XI 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, except 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 building and utility lines serving same and that the Permittee will maintain the interior of the building, including painting and light fixtures. XIV 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 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 HANDS, in duplicate this the day of , 1983. ATTEST: CITY OF CORPUS CHRISTI By City Secretary EDWARD A. MARTIN, City Manager APPROVED: DAY OF , 1983: J. BRUCE AYCOCK, CITY ATTORNEY PERMITTEE BY i Assistant City Attor y Assistant City Manager That' the 'foregoing ordinance, w second reading on this the (' following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero That the foregoing ordinance third reading on this the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero read for 90L.,first time. and.p ssed to its day of ,Grrroc441),- , 19j3 , by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik read for day of That the for ing ordinajJ - was on this the day of • /, 1. Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the /1 ATTEST: APPROVED: 1J DAY OF , 191i3: secontime and lowed to its , 19Q> , by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik ad for the/third time and passed finally , 19 , by the followin. vote: Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik day of O'��C�� , 19 At. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS J. BRUCE AYCOCK, CITY ATTORNEY ByAss�t City Atney 17',34 ••t '27f } AD#50635 sr .City of C.C. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, jss. County of Nueces. ) 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 ORDINgNiE,�jyy_F'IES.T..,B.E.BDIlia.. of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the 5th day of December 19...$ and once each day thereafter for....-QAe......_.._. day consecutive 0 ne Times. 24.75 GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this 8th day of December 19 83 ,sem .,et_ I0246.L.. Notary Public, Nueces ounty, Texas EDNA KOi }. •1 NOTICE 0-r -• PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MS. MARGIE BENNETT FOR CONCESSION PRIVI- LEGES AT THE CONCESSION BUILDING AT THE GREENWOOD SOFTBALL COMPLEX. Was passed on first read. Ing by the City Council of the City of Corpus Christi of DeTnblenr, Secre- tary.the Office of the City Secre. text of said ordinance °Ill available to the public Ins aipux_Christl, Texas tti;831.50Thr f is -Bill G. Read City Secretary PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tsS: County of Nueces. f Before me, the undersigned, a Notary Public, this day personally came GRACIE DE LUNA AD#61631 City of C.C. who being first duly sworn, according to law, says that be 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 0RDI,NANCE, 011 ,SSaQhIR...$�BUTAiG.. of which the annexed is a true copy, was published in CALLER—T IMES PUBLISHING CO CO _ on the 12th day of........... December___ 19.83_ and once each daY thereafter for...._...SLLe.__ consecutive day One Times. v. 23.76 GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this 12th of acid AR December 19 83 Notary Public, Nue C u T as EDNA KOSTER 41',` sM1:.w.«4w.«<.MIr iiM.'Jurh�aA Tr..l.v) °sii•.j TTC'"•FRA OILOROI VNANC - OIFG SECOND,,.EADING ITHE CITY• MANAGER TO TO EXECUTE AN AGREEMENT WITH MS. MARGIE BENNETT FOR CONCESSION PRIVI. LEGES AT THE CONCESSION BUILDING AT THE GREENWOOD SOFTBALL COMPLEX. Wreading passed tCity Council of the City of Corpus Chris- ti, Texas on the 7th day of December, 1983. The full text of said ordinance is available to the public In ,the Office of the City Secre- tary. City Cityty Secretary Corpus Christi. Texas