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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