HomeMy WebLinkAbout18231 ORD - 05/16/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH D. J.
POLINARD AND W. D. "TREY" BOONE, A PARTNERSHIP, FOR USE OF A
PORTION OF THE BAYFRONT SEAWALL FOR THE OPERATION OF A
BICYCLE SURREY CONCESSION.
WHEREAS, the proposal of D. J. Polinard and W. D. "Trey" Boone, a
partnership, 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, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with D. J. Polinard and W. D. "Trey" Boone, a partnership, for a term
of five (5) years with an option to renew, for the operation of a bicycle surrey
concession on a portion of a bayfront seawall, subject to the terms and
conditions as set forth in the agreement attached hereto as Exhibit "A".
18231
MICROFILMED
SEP 2 81984
CONCESSION AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
D.J. POLINARD AND W.D. "TREY" BOONE, A PARTNERSHIP
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
For and in consideration of the undertaking, covenants, and conditions
herein expressed, the City of Corpus Christi, a municipal corporation and home
rule city under the laws of Texas, hereinafter called "City", acting by and
through its duly authorized City Manager, hereby licenses to D. J. Polinard and
W. D. "Trey" Boone, a partnership, hereinafter called "Licensee" the use of the
sidewalk along the seawall between the South Texas Art Museum and Magee Beach
under the following terms and conditions:
I.
Lessee may operate a bicycle -type surrey concession along the seawall
between the South Texas Art Museum and Magee Beach for a term of five (5) years,
with an option to Licensee to renew same, subject to approval by the City.
II.
Licensee shall pay the City six percent (6%) of each month's gross
sales less tax derived from said concession for the first year; seven (7%) of
said amount for the second year; eight percent (8%) of said amount for the third
year; nine percent (9%) of said amount for the fourth year; and ten percent
(10%) of said amount for the fifth year, payable to the Collections Section,
City of Corpus Christi, and payable by the 10th of each month. Licensee shall
include with each monthly payment a certified monthly statement of gross
receipts from the rental operations according to current accounting procedures
prescribed by the City.
No more than thirty (30) surreys shall be placed at any one time along
the seawall, with no more than fifteen (15) located at a maximum of two rental
site locations. Rental site locations shall be coordinated with the City and
shall be subject to change from time to time as necessitated by other uses of
the seawall. Surreys shall be restricted to use along the seawall and Lessee
expressly agrees that surreys shall be prohibited from use on the bayfront
landmasses (T -head, L -head, etc.). It shall be the Licensee's responsibility to
inform its customers that surreys shall not be operated on the bayfront
landmasses.
IU.
The City shall be in no way responsible for the safe keeping of the
bicycle -type surreys, security arrangements for which will be borne entirely by
the Lessee.
V.
During the term of this agreement and any holding over hereunder, the
Licensee will maintain at its sole expense, comprehensive general liability
insurance by terms of which the City will be an additional named insured. Such
coverage shall be in the form of one million dollars ($1,000,000) Combined
Single Limit coverage. The City shall be furnished a certificate of insurance
prior to the commencement of this license, and shall receive additional
certificates for all subsequent policies obtained pursuant hereto. Licensee
agrees to indemnify and forever save harmless the City, its officers, agents,
and employees, from any and all lawsuits, claims, demands, liabilities, losses,
and expenses (including court costs, attorneys' fees, and expert witness' fees)
for or on account of any injury to any person, or death at any time resulting
from such injury, or damage to any property, which may arise or which may be
alleged to have arisen out of or in connection with any activity by the
Licensee, its agents, employees, or independent contractors pursuant to this
agreement.
VI.
Licensee shall not assign, mortgage, pledge, or transfer this license
without written consent of the City.
VII.
Licensee 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 City. The City shall have the right at any time to require
Licensee to remove, paint, or repair any of the signs allowed. Should Licensee
not remove, paint, or repair said signs within ten (10) days of demand thereof
in writing, the City may fulfill its demands and charge the expense of same to
Licensee.
VIII.
The City retains the right to cancel this lease agreement upon thirty
(30) days of written notice to Licensee 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 Licensee, its agents,
employees or assigns, or any conduct of Licensee, its agents, employees or
assigns found by City to be contrary to public policy.
IX.
Any legal action undertaken by the City to collect for any damages
growing out of this agreement or to enforce the provisions of this agreement in
any way, shall include as a remedy recovery of expenses of such legal action,
including, but not limiting to, court costs, attorneys' fees, expert witness'
fees, and the like.
X.
Licensee will incur no debts or obligations on the credit of the City
of Corpus Christi, Texas.
XI.
Licensee shall be responsible for compliance with all City health
regulations and ordinances as they affect the Licensee's operation, and shall
bear the expenses of meeting all such regulations.
XII.
The City shall designate in writing its agent for administration and
enforcement of this agreement, which designation may be changed from time to
time by written notice to the Lessee.
XIII.
If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this agreement shall be held invalid or unconstitutional
by final judgment of a court of law, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this agreement for
it is the definite intent of the parties that every section, paragraph,
subdivision, clause, phrase, word, or provision hereof shall be given force and
effect for its purpose.
XIV.
This document represents the full and complete agreement between the
parties superseding any and all prior agreements hereto and is entered into
between them voluntarily. They have read and are familiar with the terms and
conditons set forth herein.
Executed in duplicate originals and delivered on this day of
, 1984.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
, 1984: APPROVED:
BY By
Assistant City Attorney Assistant City Manager
LICENSEE
By By
W. D. "Trey" Boone Danny Polinard
The agent for the administration and enforcement of this lease between the City
of Corpus Christi and Corpus Christi Surreys by the Sea shall be the Director of
Park and Recreation/Marina. All inquiries relating thereto shall be addressed
to the Office of the Director of Parks and Recreation/Marina, City of Corpus
Christi, P.O. Box 9277, Corpus Christi, Texas 78469.
Edward A. Martin, City Manager
That the foregoing ordinance wa read for th first time and Roped ed to' its
second reading on this the yrday of , 19jy , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance as read for the second time and ed to its
third reading on this the a9 day of , 1937 , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the fore icy ordinanc was read for thhird time and passed finally
on this the �� of , 19, , by the followi`e vote:
Luther Jones (,Q / / Leo Guerrero
Betty N. TurnerDr. Charles W. Kennedy
David Berlanga, Sr. Joe McComb
Welder Brown Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the Aday of
ATTEST:
APP VED:
2..5K. DAY OF Ap.,.;i , 190 :
J. BRUCE AYCOCK, CITY ATTORNEY
By 00�
Assist % ity Httor<
MAY•R
THE O TY OF CORPUS CHRISTI, TEXAS
18231
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Sas:
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally came
MARGARET RAMAGE , who being first duly sworn, according to law, says that he is the
CDMMUDII.T:Z...REL ATI.O.NS...s.uP.ERV..ISOR 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 SECOND READING AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in
on the. ._ day of MaY 19 84., and once each day thereafter for..0.11R
consecutive day
CALLER TIMES PUBLISHINH CO.
Times.
_25.30 MARGARET RAMAGE
%J2
Subscribed and sworn to before me this 8 th.........day o May , 19 g4.-
EUGENIA S. CORTEZ C
l4otary Pub l Nueces County, Texas
NOTICE OF PASSAGE ja„ al'
OF ORDINANC, .ON
SECOND REALiNG
AUTHORIZING THE EXECU-
TION OF AN AGREEMENT
WITH DJ. POLINARD AND
W.D. TRAY' BOONE, A
PARTNERSHIP, FOR USE OF
A PORTION OF THE BAY-
FRONT SEAWALL FOR THE
OPERATION OF BICYCLE
SURREY CONCESSION.
Was passed on second
reading by the City Council of
the City of Corpus Christi,
Texas on the 2nd day of May,
1884. The full text of semi or- , y
I dinance is available to the @q
public in the Office of the Cny
Secretary.
-s-Bill G. Read
Cdy Secretary,
Corpus Chnsn, Texas„
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came
MARGARET RAMAGE
who being first duly sworn, according to law, says that he is the
COMMUNITY RELATIONS SUPERVISOR 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 THE EXECUTION
of which the annexed is a true copy, was published in Caller -Times Publishing Co.
on the.30thday of
consecutive day
April
One Times.
19 84 and once each day thereafter for OTh
25.30 Margaret Ramage
Subscribed and sworn to before me this
.72.?
1st
da f May 19 84
EDNA KOSTER
Notary Public, N ces County, Texas
NOTICE 05PASSAGE,
;'' LfrORDDIINN�ANCEE ON
FIRST READING Ate
AUTHORIZING THE EXECU-
TION OF AN AGREEMENT
WITH D,J. POLINARD AND
W.D. 'TRAY' BOONE, A
PARTNERSHIP, FOR USE OF
A PORTION OF THE BAY-
FRONT SEAWALL FOR THE
OPERATION OF A BICYCLE
SURREY CONCESSION.
Was passed and approved
on first reading by the City
Council of the City of Corpus
Christi, Texas on the 25th day
of April, 1984. The full text of
said ordinance is available to
the public in the Office of the
City Secretary.
•s-BiII G. Read
City Secretary
y Corpus Christi. Texas