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HomeMy WebLinkAbout18295 ORD - 06/19/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH C. M. BOLDEN FOR A CONCESSION OPERATION WITHIN THE BUILDING LOCATED AT THE CORNER OF COKE STREET AND MARTIN LUTHER KING DRIVE, ADJACENT TO THE T. C. AYERS SWIMMING POOL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with C. M. Bolden for a concession operation within the building located at the corner of Coke Street and Martin Luther King Drive, adjacent to the T. C. Ayers Swimming Pool, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A". 18295 MICROFILMED sEp2b1984 THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT KNOW ALL BY THESE PRESENTS: That this Agreement, made and entered into 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 C. M. Bolden, of Nueces County, Texas, hereinafter called "Permittee": WHEREAS, Permittee has requested the use of the Concession Building adjacent to the T. C. Ayers Pool 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, popcorn, packaged chips, peanuts, soft drinks, candy, chewing gum, ice cream, snow cones, newspapers, and Black literature. I. That the City of Corpus Christi hereby grants to the Permittee the use of the property described for the purpose heretofore enumerated and such privilege is granted for one year use of the described property, said use to begin upon execution of this agreement, and terminating twelve months from the date of execution hereof. II. The City hereby grants unto Permittee the rights of concession, within the concession building at the corner of Coke Street and Martin Luther King Drive, subject to the terms, conditions and covenants of this contract. It is understood by and between the parties that electrical, gas and water services are available to the concession building and that these 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. IV. 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 expense of meeting all health regulations. B. Worker's Compensation Insurance and approved Comprehensive General Liability Insurance, including liability for poisoning or illness from food or drink, in the amounts of $100,000 for bodily injury or death per person, $500,000 for bodily injury or death per occurrence, and $50,000 for property damage said insurance to name City as an additional named insured. C. Indemnifying and holding harmless the City, its officers and employees, from any and all claims, losses, liabilities, lawsuits, demands and expenses, including court costs, attorneys' fees and the fees and expenses of expert consultants, which may arise or which may be alleged to have arisen from Lessee's activities hereunder. D. 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 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 Park and Recreation Department. E. 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. Park and Recreation Department will provide daily trash pick-up from central location at a site designed by Park and Recreation Department. F. Make inspections of the restrooms that are located in the same building twice each day, checking said restrooms for cleanliness, vandalism, and pervert activity. The Permittee will be responsible for cleaning and maintaining the restrooms. G. Minimum hours of operation of the concession shall be daily from 12:00 noon to dark on a year-round basis. Any variation of this schedule must be approved by -the Director of Park and Recreation Department. V. For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to the City Two Hundred Dollars ($200) per month, said payment being due and payable by the tenth of each month during the term of this agreement. VI. City retains the right at any time to cancel any such use privilege agreement and may cancel this permit upon sixty days (60) written notice to Permittee. VII. It is further understood and agreed that the Permittee shall not make alterations, additions, or improvements to said building, without prior written consent of the City. All alterations, improvements, and additions made by the Permittee upon said building, although at his own cost and expense, 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. VIII. 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 Park and Recreation Department. The Park 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 days (10) of demand thereof in writing, the Park and Recreation Department may fulfill said demands and charge the expense of same to Permittee and/or cancel the contract. IX. 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. X. It is further understood and agreed that the Permittee shall not sublease, assign, or in any way transfer any interest in this permit without the written consent of the City. XI. 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 (10%) 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 c edit of the City of Corpus Christi, Texas. EXECUTED in duplicate this the day of 1984. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary APPRQI�F / "j DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By , 1984 Assistant City Attorney Assistant Ci By Edward A. Martin, City Manager PERMITTEE: C. M. Bolden That the foregoing ordinance wi§t read for e first time and p s ed to its second reading on this the ,Tr'—day of i�__�_ , 19J7 , 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 wa4 read for th_V second time and poGed to its third reading on this the 12 day of , 19 a Y' , 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 og ordinanc was read for the ird time and on this the day of /! , 194r , bythe foll Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the /441;y of ATTEST: �Q Secretary APP OVED: s --K DAY OF , 1984f : J. BRUCE AYCOCK, CITY ATTORNEY By AssistanAttorney passed finally owin. vote: / /,. MAYOR pro. THE CITY OF CORPUS CHRISTI, TEXAS 18295 fi - PUBLISHER'S AFFIDAVIT - STATE OF TEXAS, lss: 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 °....0 DiUNIT .. LAIION$...5mpuYXQLZ. 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 ...C.a1].exx.Ti.Me.S...F14.h1itkling._CSi.f...._-. on the._1 Otktlay of June 1984.., and once each.. day thereafter for one consecutive _.. ay Times. i- M 27.50 MARGARET RAMAGE itg/. Subscribed and sworn to before me this 12th da of June 19 84 EDNA KOSTER otaryl) dblid.N'feces County, Texas sM ' Itt NOTICE 0(`PA A • OF'ORDVANCE ON FIRS READI::G AUTHORIZING THE EXE- CUTION OF A LEASE •� AGREEMENT WITH, C.M. BOLDEN FOR A CONCESSION OPERATION WITHIN THE ' BUILDING LOCATED AT THE 1_, CORNER(`,OF Culko AND MARTIN LUTHER KING DRIVE, ADJACENT TO THE T.C. AYERS SWIMMING POOL Was passed and approved on first reeding by the Cny Council of the Qty of.CorjHI Christi, Texas on the 5th dist' of June, 1984 The full texr of ; said ordinance is available [4: the public in the Office of tittp • City Secretary. u� s -B4 Rid City Secretary Corpus Christi. Texas.: • STATE OF TEXAS, County of Nueces. }SS: PUBLISHER'S AFFIDAVIT - /� ?*5 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 CQMMLVITY EELQTIONS,_Stl_PI{.13.Y.7.Sof 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 .Ca11er..Ti es...Euhlishing._Ca. 17th June 84 day on the._.__._ day of ....19.., and once each_.._ ... _ thereafter for one day consecutive ONE Times. 27.50 MARGARET RAMAGE 19th June 84 Subscribed and sworn to before me this ay of 19 EDNA KOSTER t Public, Nuec oun Texas Notary ty, 4 4 I h4Fo NW bf Fte9T :. NOThCE,OFA ISSSAGE OF ORDINANCE ONx` =. SECOND READING AUTHORIZING THE EXECU- TION OF A LEASE AGREEMENT WITH C M BOLDEN FOR A CONCESSION OPERATION WITHIN THE BUILDING LOCATED AT THE S. CORNER OF COKE STREET B AND MARTIN LUTHER KING „PI DRIVE, ADJACENT TO THE T C AVERS SWIMMING S:, POO` Was passed on second vi reading by the City Council of the Cay of Corpus Chnsh, sr Texas on the 12th day of IO June, 1984 The full text of P said ordinance is available to a the public in the Office of the �j City Secretary. -s-Bill G Read tf) • Cay Secretory st Corpus Christi, Texas 21