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.
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(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