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