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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. r. 33'- II" 38'- I" • 1°0 33' -II" MN 38'-1" t 3O' 7V 0 JAL 22' - co 3,3•=,( _-- I3' 6H. 1 �1 1 1 6I' -5X1/2" 1 1 0 O N r • 63'-O" 0 (0 Ev �a N rn w O N 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