HomeMy WebLinkAbout19823 ORD - 06/30/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRANT'S
PLACE, INC. DBA SEAFOOD & SPECIALTIES OF CORPUS CHRISTI FOR
THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED
SPECIALTIES CONCESSION AT CORPUS CHRISTI INTERNATIONAL
AIRPORT; 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 an
agreement with Brant's Place, Inc., dba Seafood & Specialties of Corpus Christi,
for the operation of a fresh and frozen seafood and allied specialties
concession at Corpus Christi International Airport, for a period of nine months,
all as more fully set forth in the agreement, 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 agreement 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 at three regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 3D day of (, 1� , 19 .
ATTEST:
City Secretary
MA
APPROVED: / 7DAY OF , 1911
HAL GEORGE, CITY ATTORNEY
By
Assis ant City Attorn
05P.177.01
THE CITY OF CORPUS CHRISTI, TEXAS
13823 MICROFILMED
AGREEMENT
FRESH AND FROZEN SEAFOOD VENDING OPERATION
STATE OF TEXAS .
COUNTY OF NUECES :
This concession agreement entered into by and between the City of Corpus Christi
a municipal corporation (hereinafter referred to as 'City'), and Brent's Place, Inc.
silo $eafood 4., Specialties gj Corpus Christi, doing business in the State of Texas
(hereinafter referred to as 'Concessionaire'):
W I T NESSE T H:
Whereas, the City owns end operates the Corpus Christi International Airport
located in Nueces County, Texas, hereinafter called the 'Airport', and
Whereas, Concessionaire desires to enter into a concession agreement with the
City for the purpose of operating a fresh and frozen seafood and allied specialties
concession, with the understanding that the scope of business operations permitted by
this agreement is limited to offering the general public such services as are
commonly associated with seafood vending businesses, and nothing in the agreement may
be construed as conferring any rights already granted to other airport
concessionaires and tenants; and,
Whereas, the City represents that it has the right to grant the concession
together with all facilities, rights, licenses, services and privileges in the manner
and to the extent hereinafter set forth:
Now therefore, in consideration of the foregoing and of the mutual covenant
hereinafter contained, the parties do hereby agree as follows:
ARTICLE I - TERM
Term and Option: The term of this agreement and all rights herein granted
Concessionaire shall commence upon execution and shall extend for a period of nine
months, subject however, to earlier termination as provided herein.
ARTICLE II - DEMISED PREMISES
The City hereby provides to Concessionaire subject to the terms and conditions
hereinafter stated, a concession space containing approximately 215 square feet and
located in the main lobby of the terminal building, as shown on the attached floor
plan marked exhibit 'A'.
ARTICLE III - RENT
A. Rental: Concessionaire agrees to pay the City during the term of this
agreement the minimum annual concession fees as stated below, the percentage of the
gross revenues (as hereinafter defined) from the operations of the Concessionaire
under this agreement:
Minimum monthly payment to the City shall be five percent (5%) of the first
820,000 of gross revenues, ten percent (10%) of the next 820,000 of gross
revenues, and fifteen percent (15%) of ell gross revenues in excess of
540,000 each month.
8. Payment of Rental: The Concessionaire shall file with the Airport on or
before the 5th day of each month a monthly report of gross revenues, the report being
designed by the City. Concessionaire shall, at the time of filing its monthly report
of gross revenues, pay the City its concession fee amounting to the percent of gross
revenues es specified in Article III A above. This statement of gross revenues shell
be certified by a responsible officer of the Concessionaire.
C. Records and Reports: Concessionaire shall with respect to business done by
it under this agreement, keep true and accurate accounts, records, books and data,
which shall show all the gross receipts of said business.
The term 'gross receipts', as used herein, shell be construed to mean, for all
purposes hereof, the aggregate amount of all sales made and services performed for
cosh or credit regardless of when or whether paid for or not, together with the
aggregate amount of all exchanges of goods, wares, merchandise and services for like
property, or services, at the selling price thereof, as if the same had been sold for
cash or the fair end reasonable value thereof, whichever is the greater. Provided
however, that the term 'gross receipts' as used herein , shell not be construed to
include taxes, including sales taxes, where billed to the customer by Concessionaire
es a separate item.
D. Inspection and Audit of Records: The City and its agents shall have the
right at all reasonable times to inspect and audit such books, records, cash
registers and other data relating to concessionaire's business hereunder as may be
required in the judgement of the City or its auditors, to confirm the gross receipts
as defined herein.
E. Taxes: Concessionaire agrees to pay all lawful taxes and assessments which
during the term hereof, or any extension as provided for herein, may become a lien or
may be levied by the state, county, city or any other tax levying body upon the the
premises herein, or upon any taxable interest by Concessionaire acquired in this
lease agreement. Upon making such payments, Concessionaire shall give to the City a
copy of the receipts and vouchers showing such payment.
ARTICLE IV - RIGHTS, USES AND INTERESTS
A. Concessionaire shall be entitled to the exclusive use of the premises for
the following purposes and no other use without the specific written permission of
the Airport:
FFSV-87.2
1. Concessionaire shall u'se the premises herein assigned for the ss._ of
fresh seafood as herein defined.
2. 'Sale of fresh seafood and allied specialties' shall be construed and
defined as a retail business for the sale of fresh and frozen fish,
shellfish and allied specialties for sale to airport users,
appropriately packaged for transportation by air or ground, and
meeting all sanitary and health rules and regulations.
3. Privileges, rights, uses and interests excluded. It is specifically
agreed and stipulated that the following concessions are excluded from
this agreement:
Automobile rental service
Food catering Service
Ground transportation for hire
News and sundry sales
Advertising concession
Barber, valet and personal services
Operation of food and/or drink machines
Sales and service of aviation products, parts
and supplies.
ARTICLE V - CONCESSIONAIRE'S OBLIGATION
A. Furnish and Equipment Installations: Concessionaire agrees to provide at
its cost and expense all furnishings, equipment and improvements necessary to operate
the sale of fresh and frozen seafood and allied specialties retail business at the
Terminal Building for the term of this agreement and any extension thereof: any such
furnishings end equipment shall be installed only after obtaining prior approval from
the Director of Aviation.
B. Title of Improvements: Title to all improvements constructed, installed or
attached to the premises, except for trade fixtures and equipment shall pass to the
City at the time of installation or construction.
C. Maintenance of Premises: Except for structural maintenance of the premises,
and other maintenance services to be performed by the Airport as provided in this
Agreement, Concessionaire shall be obligated without cost to the City, to maintain
the leased premises,and every part thereof, in good order, repair and safe condition.
Concessionaire shall maintain and repair all improvements to the premises, including
furnishings, fixtures and equipment, whether installed by Concessionaire or
otherwise. All such maintenance, repair and replacements shall be of a quality in
materials and workmanship equal to the original.
The City or its authorized agents, may, at all reasonable times without notice,
enter upon the premises to determine if maintenance satisfactory to the City is being
performed. Should said maintenance not meet the reasonable standards of the City,
the City will so notify Concessionaire in writing. If said maintenance is not
performed by Concessionaire within a reasonable time after receipt of written notice,
the City or its agents, shall have the right, but not the obligation, to enter upon
the premises and perform the maintenance end charge the cost thereof to the
Concessionaire.
FFSV-87.3
D•. Trash, Garbage, Etc.: The Concessionaire shall provide a complete ano
proper arrangement for the adequate sanitary handling and disposal, away from the
Terminal, of all trash, garbage and other refuse caused as a result of the operation
of its business. Concessionaire shall provide and use suitable covered metal
receptacle for all garbage, trash and other refuse on or in connection with the
premises. Piling of boxes, cartons, barrels or other similar items, in an unsightly
or unsafe manner, on or about the premises is forbidden.
E. Personnel: Concessionaire shall at all times retain an active, qualified,
competent and experienced manager at the Airport to supervise the operations, and be
authorized to represent and act for the Concessionaire.
Concessionaire's employees shall be uniformed, clean, courteous, efficient and
neat in appearance. The service shall be prompt, clean, courteous and efficient.
Concessionaire shall not employ any person in end about the premises who shall use
improper language, or act in a loud or boisterous or otherwise improper manner.
F. Quality and Price Control: In entering into this agreement the City has
foremost in mind providing the traveling public with commodities and service of
quality. To accomplish this, Concessionaire shall dispense quality seafood and
specialties at competitive prices. Such price schedules shall be determined by
Concessionaire after consultation with the Director of Aviation.
G. Operation Costs: Concessionaire shall bear at its own expense all costs of
operating hereunder, and shall pay, in addition to rental, ell other costs connected
with the use of premises, facilities, rights and privileges granted, including, but
not limiting the generality thereof, maintenance (except building structure, outside
walls and roof) insurance, all taxes, permits and licenses required by law.
H. Laws, Ordinances, Etc.: Concessionaire shall observe and obey all the laws,
ordinances, regulations and rules of the federal, state, county and City governments,
which may be applicable to its operation at the Airport.
I. Rules and Regulations: The City shall have the right to adopt and shall
adopt and enforce reasonable rules and regulations with respect to the use of the
Airport, Terminal building, end related facilities which Concessionaire agrees to
obey end observe.
J. Inspection: Concessionaire shall allow the City's authorized representative
access to the premises at all reasonable hours, for the purpose of examining and
inspecting said premises for purposes necessary, incidental to, connected with the
performance of its obligations hereunder, or in the exercise of its governmental
functions.
FFSV-87.4
ARTICLE VI - THE CITY'S OBLIGATIONS
A. Maintenance, Facilities and Services: The Airport will maintain the
structure of the Premises, Terminal Building, the roof and outer walls.
B. Metering: The City will provide normal/terminal lighting and power.
C. Cancellation by Concessionaire: This agreement shall be subject to
cancellation by the Concessionaire in the event of any one or more of the following
events should occur:
1. The permanent abandonment of the Airport as an air terminal.
2. The lawful assumption by the United States Government or any
authorized agency thereof, of the operation, control or'use of the
Airport, or any substantial part or parts thereof, in such a manner as
substantially to restrict the Concessionaire for a period of at least
ninety (90) days, from operating thereon.
3. Issuance by any court of competent jurisdiction of an injunction in
any way preventing or restraining the use of the Airport, and the
remaining in force of such an injunction for a period of at least
ninety (90) days.
4. The default by the City in the performance of any covenant or
Agreement herein required to be performed by the City, and the failure
of the City to remedy such default for a period of sixty (60) days
after receipt from Concessionaire of written notice to remedy the
same.
D. Cancellation by the City:
1. In the event that (a) Concessionaire shell commit a material breach of
any other term, condition or covenant contained herein, and shall fail
to cure same within thirty (30) days after receipt of written notice
from the City so to do, (b) Concessionaire shall make an assignment
for the benefit of creditors, or (c) if a proceeding in bankruptcy,
receivership or insolvency, of any nature, shall be instituted by or
against Concessionaire, then the City may, at its option cancel this
Agreement.
2. Section 01. notwithstanding, the City shall be entitled to cancel this
Agreement in its discretion (based upon reasonable cause) upon the
giving of written notice to Concessionaire. The City shall specify in
its written notice of cancellation the reasons for said cancellation,
including the defaults, breaches, lack of service, omissions, or
remissions leading thereto. Thereafter, the Concessionaire shall have
a period of thirty (30) days, the City shall so notify the
Concessionaire, in writing, and this Agreement shall then be cancelled
effective thirty (30) days thereafter. The decision of the City as to
whether or not said defaults have been cured within the thirty (30)
day period, shall not be made arbitrarily or capriciously.
FFSV-87.5
E. Trade Fixtures, Equipment and Personal Property: Upon cancellation of this
Agreement Agreement, pursuant to Section 2 hereof, end subsequent surrender of the
Premises to the City on a date to be established by the City, Concessionaire shall
remove its equipment, trade fixtures and personal property within a reasonable time
thereafter.
ARTICLE VIII - INSURANCE, INDEMNITY AND DAMAGE TO PREMISES
A. If Concessionaire's Premises (which term includes only the floor, bare walls
and finished ceilings of the area in the Terminal Building) are partially damaged by
fire, explosion, the elements, the public enemy or other casualty not attributable to
Concessionaire or its employees, but not rendered untenable, the same shall be
repaired with due diligence by the City at its own cost and expense. In the event
the said Premises are completely destroyed by fire, explosion, the elements, the
public enemy or other casualty, or so damaged that they will remain untenable for
more than thirty (30) days, the City shall be under no obligation to repair and
reconstruct the premises. If, within twelve (12) months after the time of such
damage or destruction, said Premises shall not have been repaired or reconstructed,
Concessionaire may give the City written notice of its intention to cancel the
Agreement in its entirety as of the date of such damage or destruction.
The Concessionaire and the City expressly waive all rights and claims they may
have against the other, their subsidiaries and affiliates for loss or damage arising
or resulting from the occupancy of the Premises, and the operations conducted therein
and thereabouts caused by fire or other perils insured under standard form Fire
Insurance Policies, with extended coverage endorsement, regardless of the cause of
such damage, including damages resulting from the negligence of the Concessionaire or
the City, their agents, servants, employees or invitees.
B. Indemnity; Concessionaire agrees fully to indemnify and save and hold
harmless the City, their agents and employees, and elected and appointed officials
from and against all claims end actions, upon or arising out of damages or injuries
to third persons or their property arising from the Concessionaire negligence, use or
occupancy of the Premises; provided further, that the City shall give to
Concessionaire prompt and reasonable notice of any such claim or actions, end
Concessionaire shell have the right to investigate, compromise or defend same.
Concessionaire shall maintain with insurance underwriters satisfactory to the
City a standard form policy or policies of insurance in such amounts as mutually
agreed upon to protect both Concessionaire and the City against public liability,
products liability, property damage and automobile liability. Concessionaire shall
promptly, after the execution of this Agreement, furnish such policy or policies, or
appropriate certificates of insurance providing coverage in the amount of one million
dollars ($1,000,000.00) Combined Single Limit for Public Liability, Product
Liability, Personal Injuries or Death, Property Damage and Automobile Liability.
Such certificate or insurance shell not be cancelled without prior thirty (30) days
written notice to the City. Concessionaire shall furnish a certificate from the
insurance carrier or carriers showing such insurance to be in full force and effect
during the term of this contract, or shall deposit copies of the policies which give
this coverage with the City, their elected and appointed officials, agents and
employees, shall be named as additional insured under such policy or policies.
FFSV-87.6
ARTICLE IX - GENERAL PROVISIONS
A. Assignment and Subletting: Concessionaire shall not assign, transfer or
sublease, pledge, hypothecate, surrender or otherwise encumber or dispose of this
Agreement,'or any estate created by this Agreement, or any interest in any portion of
this same, or permit any other person or persons, company or corporation, to occupy
the premises without the written consent of the City being first obtained. Said
consent shell not be arbitrarily or capriciously withheld.
B. Redelivery: Concessionaire will make no unlawful or offensive use of the
Premises end will, et the expiration of the term hereof, or upon any sooner
cancellation thereof, without notice, quit and deliver up said Premises to the City
end those having its estate in the Premises, peaceably, quietly end in as good order
end condition, reasonable use and weer thereof excepted.
C. Attorney's Fees: In the event any action or suit or proceeding is brought
to collect the rent due or to become due hereunder, or any portion thereof, or to
take possession of said premises, or to enforce compliance with this Agreement, or
for failure to observe any of the covenants of this Agreement, Concessionaire agrees
to pay the City such sum es the Court may adjudge reesoneble es attorney's fees to be
allowed in said suit, action or proceeding, or in the event of en appeal es allowed
by the Appellate Court, provided that a judgement is rendered in favor of the City.
D. Non -Waiver: Any waiver of any breech of covenants herein contained to be
kept end performed by either party hereto shall not be deemed or considered as e
,continuing waiver, end shell not operate to bar or prevent the other party hereto
from declaring a forfeiture, termination or cancellation for any succeeding breach,
either of the same condition or covenant or otherwise. Acceptance or payment of
rental shell not be deemed a waiver.
E. Force Mejure: Neither Concessionaire nor the City shall be held in default
under this Agreement for failure of performance hereunder, provided that such failure
is due to strikes, riots, insurrections, fire, war, acts of God, inability to obtain
labor, machinery, materiel or merchandise or for any cause beyond a reasonable
control, provided every reasonable effort has been made to perform es required
herein.
F. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964,
end by Part 15 of the Federal Aviation Regulations, Concessionaire agrees it will not
on the grounds of sex, race, color or national origin, discriminate or permit
discrimination against any person or group of persons in any manner prohibited by
Pert 15 of the Federal Aviation Regulations.
The City reserves the right to take such action as the United States may direct
to enforce the provisions of this covenant.
G. Sponsor's Assurance: This Agreement shall be subject to the terms of any
Sponsor's Agreements between the City end the Federal Aviation Administration.
H. Notices: All notices required under this Agreement shell be deemed to be
properly served if sent by Certified Mail:
FFSV-87.7
if to Concessionaire:
if to the City:
Brant's Place, Inc. dbe
Seafood & Specialties of Corpus Christi
343 West Wheeler Ave.
Aransas Pass, TX. 78336
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Tx. 78410
Until hereafter changed by the parties by notice in writing, service of such notice
shall be the date such notice is deposited in a Post Office of the United States
Department, postage prepaid.
All written notice and demands from the City to Concessionaire shell be made by
the Director of Aviation to the City or by Such person es he may from time to time
designate in writing to Concessionaire.
I. Successor end Assigns Bound by Covenants: All the covenants, stipulations
and agreements in this lease shall extend to and bind the legal representatives,
successors end assigns of the respective parties hereto.
J. Performance Bond: Concessionaire agrees to furnish within thirty (30) days
from the date of award by City Council a Performance Bond in the principal amount of
$5,000. The Bond shell be in a form agreeable to the City Attorney end shell be kept
in full force and effect during the term hereof.
K. Entire Agreement: This Agreement, together with ell exhibits attached
hereto, constitutes the entire agreement between the parties hereto and all other
representatives of statement heretofore made, verbal or written, ere merged herein
end this Agreement may be amended only in writing, end executed by duly authorized
representatives of the parties hereto.
EXECUTED IN DUPLICATE on this the
day of 1987.
Attest: City of Corpus Christi
BY:
City Secretary Craig A. McDowell, City Manager
Approved:
Approved As To Legal Form This
day of , 1987.
George D. Hest, Director of Aviation Hal George, City Attorney
Brent's Place, Inc.
FFSV-87.8
day of , 1987.
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Corpus Christi, Texas
day of
, 1981
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,
99.045.01
Council Members
YOR 0
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner 0`
David Berlanga, Sr. 4L -ye
Leo Guerrero)
Frank Mendez -"d`
Clif Moss `
Bill Pruet
Mary Rhodes /I j„p
Mary Pat Slavik /� �g�``
Linda Strong
198 '3