HomeMy WebLinkAbout19298 ORD - 05/06/1986AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH JAMES COOK FOR
AN OUTDOOR CAFE OPERATION LOCATED ADJACENT TO THE PAVILION
ON THE PEOPLES STREET T -HEAD; AND DECLARING AN EMERGENCY.
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 a
contract with James Cook for an outdoor cafe operation located adjacent to the
pavilion on the Peoples Street T -head, all as more fully set forth in the
contract, a substantial copy of which is attached hereto and made a part hereof,
marked Exhibit "A."
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned contract at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first rearing as an emergency measure this the 6th day of May, 1986.
ATTEST:
City Secretary (/ MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: -DAY OF MAY, 1986
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05P.156.01
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THE STATE OF TEXAS
COUNTY OF NUECES
THAT THIS AGREEMENT is entered
CITY OF CORPUS CHRISTI, TEXAS
SERVICES CONTRACT
KNOW ALL BY THESE PRESENTS:
into by and between the City
of Corpus Christi, Texas, a municipal corporation (hereinafter
referred to
(hereinafter
that James
as the "City") and James and Shirley A. Cook
referred to as "Vendor"). It is hereby acknowledged
and Shirley A. Cook are in the process of
incorporating a business entity to be known as "The Gartens,
Incorporated.". When incorporated, said corporation may be
substituted as the Vendor herein with consent of the City
Manager.
WITNESSETH:
WHEREAS, the Vendor has requested the use of the
building and approximately 1,600 square feet of adjacent
slab on the Peoples Street T -head (see Exhibit A) within
pavilion
concrete
the City
of Corpus Christi for the purpose of operating an outdoor cafe
business, which business shall specifically include the exclusive
right within the concrete slab recreational area of the T -Head
(as shown on Exhibit A) to make direct sales to the public of
cold seafood dishes, cold shrimp, non-alcoholic spritzers,
coolers, fruit drinks, mineral water, and other menu items
consistent with an outdoor cafe operation; not in conflict with
current concessionaire's contract;, all items to be served in
paper or plastic containers only;
BRAY2.018.04 1
NOW, THEREFORE, the City and Vendor covenant and agree as
follows:
I.
The City hereby grants to the Vendor the use of the property
described for the purposes heretofore enumerated for 11 months,
29 days, effective upon execution of this Agreement by all
parties hereto. Vendor has an option to renew subject to
negotiation and approval of the terms by the City.
II.
The City hereby grants unto Vendor the above rights of
operation at the described location on the Peoples Street T -head,
subject to the terms, conditions and covenants of this Agreement.
III.
The Vendor shall be responsible to the City for the
following:
A. Compliance with all applicable City health regulations
and ordinances.
B. During the term of this agreement, the Vendor will
maintain Workers Compensation Insurance (statutory),
Comprehensive General Liability ($100,000 per person, $300,000
per occurrence, $50,000 property damage). The City shall be
named as an additional insured on paid liability policies, and
the Vendor agrees to provide current certificates of such
insurance to the City at all times during this Agreement.
C. Vendor will maintain a current menu of available items.
Prices shall not be in excess of those charged under similar
conditions elsewhere in the City. If the Vendor desires to sell
BRAY2.018.04 2
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any non-alcoholic items other than those listed herein, he must
first receive the approval of the City's Director of Parks and
Recreation.
D. Vendor shall maintain a clean and neat operation within
the pavilion and entire circular portion of pavement during hours
of retail operation and provide for proper pickup of litter and
refuse. City will be responsible for providing a central refuse
container and service of same.
Further, Vendor shall inspect the restrooms in the park
every two hours for sanitary conditions, dispose of any
accumulations of paper waste materials, and insure that the
restrooms are stocked with supplies. The City shall provide
Vendor with supplies. The City shall insure that the fixtures
are kept clean and shall provide major cleaning and sanitizing
services.
E. Electricity and water used by Vendor will be provided
by the City at no cost to Vendor; provided that air conditioning
equipment, service and electricity for air conditioning shall be
at Vendor's sole expense.
F. Costs to alter and improve the interior service room
area of the pavilion to make it more useable and in compliance
with applicable City health regulations will be borne by the
Vendor. Vendor will be responsible for the purchase and
maintenance of all equipment required to support the retail
operation.
IV.
For and in consideration of the rights and privileges herein
granted, concessionaire agrees to pay to the City ten percent
BRAY2.018.04 3
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(10%) of gross sales, less sales tax, derived from said
concessions, said percentages being due and payable on the tenth
of each month during the term of this Agreement.
V.
Vendor shall file with the Park and Recreation Department on
or before the tenth (10th) day of each month a monthly report of
gross receipts, and pay the required percentage of gross
receipts. Vendor shall at all times during the term hereof keep
true, accurate, complete and auditable records, in a form
satisfactory to the Director of Finance of the City of Corpus
Christi, Texas. Vendor further agrees that the Director of Parks
and Recreation or his duly authorized agent or representative
shall have the right to examine all pertinent books and records
at any and all reasonable times for the purpose of determining
the accuracy thereof and of the provision hereof. The making of
any willfully false report of revenue by Vendor shall be grounds
for the immediate cancellation and termination of this agreement
at the.: option of the City. Any such report which shall
understate the gross by as much as ten percent (10%) of the true
amount thereof shall be conclusively deemed to have been
knowingly and falsely furnished by Vendor. The City, in order to
exercise its option of termination, shall only be required to
establish such falsity and shall not be required to establish
actual knowledge on the part of the Concessionaire.
Aside from permanent books, ledgers, journal accounts and
records, Vendor will not be required to retain beyond twelve (12)
- months following the completion of any year of the term hereof
BRAY2.018.04 4
collateral papers and forms such as: original invoices, sales
checks or slips, cash register and adding machine tapes and
analogous supporting data.
Vendor shall, upon receipt of written request from the
Director of Parks and Recreation, prepare and submit such reports
and analysis of the operation of the concessions under this
Agreement in such form and content as the City may reasonably
require in the administration of this Agreement.
Vendor shall submit to the Director of Parks and Recreation
a copy of all quarterly sales tax and use tax reports. In
addition, Vendor shall provide the Director of Parks and
Recreation with a quarterly financial statement. This shall be
submitted not later than thirty (30) days after the close of each
period of the terms of this Agreement.
At the City's option and with written notice made within one
(1) year after the end of the term of this Agreement and each
like period thereafter, it extended, the City may cause an
inspection and audit to be made of the books and records of
Vendor relating to its operations on the Premises. Such audit
shall be made to determine the correctness of the preceding year.
If, as a result of such inspection and audit, it is established
that additional concession rental payments are due, Vendor shall
pay such additional rent to the City upon written demand made by
the City not later than thirty (30) days after completion of such
audit and inspection.
If the results of such audit reveal a dilfference of more
than two percent (2%) between gross receipts reported by Vendor
BRAY2.018.04 5
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and gross receipts as determined by the audit, the cost of the
audit shall be paid by the Vendor.
Vendor shall use a departmentalized electronic cash register
for internal control and record purposes.
VI.
Vendor will not on the grounds of age, handicap, sex, race,
color or national origin, discriminate or permit discrimination
against any person or group of persons in any manner. The City
hereby reserves the right to take such action as the United
States Government may direct to enforce this covenant.
VII.
The City retains the right to cancel this Agreement upon
thirty (30) days written notice to Vendor for cause. Such cause
shall be a violation of, or default in, any of the terms of this
Agreement, or a violation of any federal, state, or local law by
Vendor, its agents, employees or assigns found by the City to be
contrary to public policy. Before exercising this right to
cancel, the City agrees to provide the Vendor written
notification of cause and reasonable time to implement corrective
action, except for a violation of the first paragraph of
Section V.
It is further understood and agreed that the Vendor is and
shall be an independent contractor hereunder, and he will
indemnify and save harmless the City, its officers, employees,
agents, and assigns from any and all claims, losses, costs or
lawsuits arising in any way whatsoever out of operations under
BRAY2.018.04
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this agreement by Vendor, his agents, employees, and assigns, and
shall in all ways hold harmless the City and its officers,
employees, agents, and assigns from same.
IX.
It is further understood and agreed that the Vendor shall
not make additions to the pavilion building without prior written
consent of the City's Director of Parks and Recreation. All
alterations, improvements, and additions made by the Vendor upon
said building, although at this own cost and expense, shall if
not removed by Vendor immediately upon any termination hereof
become the property of the City in fee simple without any other
action or process of law.
X.
It is further understood and agreed that Vendor shall be
permitted to place signs at the place of business. Any such
signs will be limited to those required for establishment
identification, i.e., "The Garten", and those of a functional
need. Design and placement of signs must be approved by the
Parks and Recreation Department.
XI.
The business premises will be clearly delineated and
separated from the remaining circular pavement area by stanchions
and a rope fence or other perimeter definition. All equipment
associated with the public seating area (e.g. perimeter fixtures,
tables, chairs, umbrellas, signs) will be removed from the
circular pavement area at the end of each business day and
BRAY2.018.04 7
stored. The City will provide, on a space -available basis,
storage space in the adjacent power plant building.
XII.
It is further understood and agreed that the City will
maintain the pavilion building, utility lines serving said
building, and the circular pavement area, and the Vendor will
maintain the interior of the building, except as otherwise
provided herein
XIII.
Hours of operation shall be from late morning to sunset,
weather conditions permitting, at least April through October.
Vendor shall have the right to operate during other months if
demand and weather conditions so dictate.
XIV.
When Parks and Recreation Department sponsored special
events require use of the pavilion stage, the Vendor shall modify
his patron service procedures so as to insure non-interference
with the on-going special event.
XV.
Vendor shall not assign, mortgage, pledge or transfer the
leased premises or any part thereof without prior consent of the
City.
XVI.
Vendor will incur no debts or obligations on the credit of
the City of Corpus Christi, Texas.
BRAY2.018.04 8
xvII.
In any legal action undertaken against Vendor by the City to
collect for any damages growing out of this Agreement or to
enforce the provisions of this Agreement in any way, the City
shall recover an amount equal to ten percent (10%) of the
damages awarded as reasonable attorney fees, in addition to any
court costs.
WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS this the
day of , 1986.
ATTEST: CITY OF CORPUS CHRISTI
By: By:
City Secretary City Manager
DATE: DATE:
APPROVED AS TO LEGAL FORM:
DAY OF
City Attorney
By:
, 1986
BRAY2.018.04 9
Assistant City Manager
DATE:
VENDOR
By:
JAMES COOK
THE STATE OF TEXAS
COUNTY OF TEXAS
*
BEFORE ME, the undersigned authority, on this day personally
appeared James Cook known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this the day of
1986.
THE STATE OF TEXAS
COUNTY OF TEXAS
*
Notary Public, State of Texas
By:
SHIRLEY A. COOK
BEFORE ME, the undersigned authority, on this day personally
appeared Shirley A. Cook known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this the day of
1986.
Notary Public, State of Texas
BRAY2.018.04 10
Corpus Christi, Texas
day of
, 1980
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR "
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19298
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