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HomeMy WebLinkAbout020266 ORD - 04/05/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA RIVIERA REDS SEAFOOD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPECIALTIES CONCESSION AT THE AIRPORT; AND PROVIDING FOR PUBLICATION. 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 Riviera Reds Seafood for the operation of a fresh and frozen seafood and allied specialties concession at the Airport, 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. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 205RP076.ord 20266 MICROFIIMED AGREEMENT FRESH AND FROZEN SEAFOOD VENDING CONCESSION 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 Brant's Place Inc. dba Riviera Reds Seafood, doing business in the State of Texas (hereinafter referred to as "Concessionaire"): W I T N E S SET H: Whereas, the City owns and 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 five (5) years, subject however, to earlier termination as provided herein. Concession- aire, if not in default, shall have the option to renew this lease for one additional five year term upon notice to the City of its intention to renew, given in writing not less than sixty (60) days prior to the end of the preceding term, provided however that the rental fees and charges for such five year period shall be subject to readjustment. 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 $20,000 of gross revenues, ten percent (10%) of the next $20,000 of gross revenues, and fifteen percent (15%) of all gross revenues in excess of $40,000 each month. B. Payment gt 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 as specified in Article III A above. This statement of gross revenues shall 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, shall be construed to mean, for all purposes hereof, the aggregate amount of all sales made and services performed for cash 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 and reasonable value thereof, whichever is the greater. Provided however, that the term "gross receipts" as used herein , shall not be construed to include taxes, including sales taxes, where billed to the customer by Concessionaire as 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 including ad valorem taxes 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: GO:F Page 2 1. Concessionaire shall use the premises herein assigned for the sale 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. Furnishings and Eauipment 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 and 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. Title to all trade fixtures and equipment and all expendable equipment furnished by Concessionaire hereunder shall at all times during the term of this agreement remain with Concessionaire. C. Maintenance Qf 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 and charge the cost thereof to the Concessionaire. GO:F Page 3 D. Trash, Garbage, Etc.: The Concessionaire shall provide a complete and 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 leased 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 and about the premises who shall use improper language, or act in a loud or boisterous or otherwise improper manner. It is expressly understood that Concessionaire is an independent contractor and its agents or employees are not City employees and are not entitled to benefits normally accorded City employees. Concessionaire shall be solely responsible for the actions or omissions of its employees or independent contractors in the performance of this Agreement F. Hours (A Operation: Concessionaire shall be open for and shall conduct business and furnish services seven (7) days a week for all regularly scheduled airline flights at the concession premises. G. 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. H. Operation Costs: Concessionaire shall bear at its own expense all costs of operating hereunder, and shall pay, in addition to rental, all 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. I. 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. J. 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, and related facilities which Concessionaire agrees to obey and observe. K. 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. GO:F Page 4 ARTICLE VI - THE CITY'S OBLIGATIONS A. Maintenance, Facilities and §ervices: The Airport will maintain the structure of the Premises, Terminal Building, the roof and outer walls. B. Meterina: The City will provide normal/terminal lighting and power. C. Cancellation hi t e City: 1. In the event that (a) Concessionaire shall 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 C1. 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. D. Cancellation ki 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. GO:F Page 5 E. Trade ptxtures, gauioment and personal Property: Upon cancellation of this Agreement, pursuant to Section 2 hereof, and 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 and 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, and Concessionaire shall 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 shall 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. GO:F Page 6 ARTICLE IX - GENERAL PROVISIONS A. Assianment and,Sublettina: 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 shall not be arbitrarily or capriciously withheld. B. Redelivery: Concessionaire will make no unlawful or offensive use of the Premises and will, at the expiration of the term hereof, or upon any sooner cancellation thereof, without notice, quit and deliver up said Premises to the City and those having its estate in the Premises, peaceably, quietly and in as good order and condition, reasonable use and wear thereof excepted. C. Relocation: The City reserves the right to relocate the leased premises, by giving sixty days notice in writing, to a space as comparable as possible in the Corpus Christi International Airport, as necessitated for the optimum use of the terminal. D. 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 as the Court may adjudge reasonable as attorney's fees to be allowed in said suit, action or proceeding, or in the event of an appeal as allowed by the Appellate Court, provided that a judgement is rendered in favor of the City. E. Non -Waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto shall not be deemed or considered as a continuing waiver, and shall 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 shall not be deemed a waiver. Fy Force Maiure: 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, material or merchandise or for any cause beyond a reasonable control, provided every reasonable effort has been made to perform as required herein. G. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and 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. The City reserves the right to take such action as the United States may direct to enforce the provisions of this covenant. H. Sponsor's Assurance: This Agreement shall be subject to the terms of any Sponsor's Agreements between the City and the Federal Aviation Administration. I. Notices: All notices required under this Agreement shall be deemed to be properly served if sent by Certified Mail: GO:F Page 7 Concessionaire: City: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 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 shall be made by the Director of Aviation of the City or by Such person as he may from time to time designate in writing to Concessionaire. J. Successor and Assians Bound by Covenants: All the covenants, stipulations and agreements in this lease shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. K. 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 shall be in a form agreeable to the City Attorney and shall be kept in full force and effect during the term hereof. L. Entire Agreement: This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the parties hereto and all other representatives of statement heretofore made, verbal or written, are merged herein and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. EXECUTED IN DUPLICATE on this the day of 1988. Attest: City of Corpus Christi By: City Secretary Craig A. McDowell, City Manager Approved As To Legal Form This Approved: day of , 1988. George D. Hext, Director of Aviation Hal George, City Attorney Brant's Place, Inc. by Brant E. Pate, President GO:F Page 8 day of , 1988. 2 _ -, 33'-11" I ■■ 38'1" III r L Sac" %'"'+i. 13' 6" 1'--51/2" 0 -L.-7--• 3S-11" • 63 ■■ 38'-I" c0 0 •N b 0 Zo rn • \a N -I N 1 Es( 1s a' `kw N That the foregoing ordinance as read for ,,tie first time and s ed to its second reading on this the 1 day of 'V N , 19 ', by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second time and pa sed to its third reading on this the g day of h , 19g6 , by the following vote: Betty N. Turner David Berlanga, Leo Guerrero Clif Moss I.1,1. - Sr. ^^ ��--`` C rW Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordi ce, as read for the third time and passed finally on this the ,t51/41 day of , 19 VIK , by the following vote: Betty N. Turner Bill Pruet David Berlanga, Sr. Mary Rhodes Leo Guerrero Frank Schwing, Jr. Clif Moss Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the f441 day of aoa, ATTEST: City Secretary APPROVED: .23y/DAY OF 6d6cr HAL GEORGE, CITY ATTORNEY By ,190: Assistant City Attorne 99.044.01 AYOR THE CITY OF CORPUS CHRISTI, TEXAS 20266 PUPLISHER'S AFFIDAVIT t , # 4E867 Before me, the undersigned, a Notary Public, this day personall that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper at. Corpus Christi .. . said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, 1. :H.: d_" :g r: Hogg, ? ._ x a_.._ 4 �:aI s�«.',a^ •ieL_.. .._... ..... 3 "d. Hidalgo, ,..: .:. �4..: • ;: a !.: Jim "'�h%)3 �, y cit,'.. �' � '-'an Patricia d Victoria Counties, and that the publication of "NOTICE OF PASSAGE .«., ORDINANCE NO ..w`.'-_ of which the annexed is a '!:.. r 3._S :.. copy, was ._.._ .-i b y i : h e r1 in 4• hi i.- Corpus Christi Caller -Times on the 10th day of April 198S, and each day thereafter •a r one consecutive Hay(s). one, Times Sl.!.::`.:r.:: -riF-,e:+i and swor Eugenia __ .... r••a_. ,, Not Public, t*,i{ I j.C';.:: L'3 <:: Gi.: ' a ,: Texas . ,a._ M`' commission expires on 6.'30.89 Senior I..:,,._..... l l_i i i t... i a. «.:.t F._.: r k -t r w_ me this 1...3_.i dayof April,198S. ? NOTICE 0 GE ) OF ORD c 0. 20266 AUT .., tG THE EXECU- F AN AGREEMENT H BRANT•S PLACE, INC. DBA RIVIERA REDS SEA- FOOD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPE- CIALTIES CONCESSION AT THE AIRPORT., ;- Nc: PROVID- AG FOR PUBLICATION. The ! term of the 1,greement will be ! for '"re (5) years with an op- tion to renew for . one ,. additional 5 -year period, at a rental to the City of 5% of the first $20,000 of gross reve- nues, 10% of the next $20,000 of gross revenues, and 15% of all gross reve— nues in excess of $40,000 ' each month. Was passed and approved on third reading by the City t Council of the City of Corpus Christi, Texas on the 5th day of April, 1988 and the full text of said ordinance is avail- 3 able to the public in the Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas -_ T: fi?S i L I'S E' , n.. AF D V I _ State of Texas, . -i_ t.+ Of y �._iC =th- _-1 county of Nueces ,s. Ad # _ 1 Before lia , _�� undersign _ -Ti^taa- Public, his _a erso -i_ � :a_ Deanne r, Palmer, who-=it ` _l� sworn 3 according law, , a;ice:thattat ane is a Senior Accounting. _�i Clerk of te Corpus Christi jCaller- Times, =ller- ii333es, a daily neYwspap r pub_ iaied at Corpus Christiristi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, jim Wells, Karnes, i' enedy, Kieber'g, Live Counties, and that the Oak, Refugio, San Patricio, and Victoria publication of "NOTICE OF PASSAGE OP ORDINANCE ON SECOND READING" of which the annexed is a true copy, was published in the Corpus Christi Cal ler' T•in3es on the 13 day of March 1988. and each day there- after for one consecutive da:y?(s) one Times 1 40.25 Senior Account Clerk bed and "porn,-tso before me this 17th day of March, 1988. Eugenia . Cortez Notary Public, Nueces County, Texas My commission expires on 6,30.89 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA RIVIERA REDS SEA- F0OD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPE- CIALTIES CONCESSION AT THE AIRPORT; AND PROVID- ING FOR PUBLICATION. The term of the agreement will be for five (5) years witf: an op- tion to renew for one additional 5 -year period, at a rental to the City of 5% of the first $20,000 of gross reve- nues, 10% of the next $20,000 of gross revenues, and 15% of all gross reve- nues in excess of $40,000 each month. Was passed and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 8th day of March, 1988 and the full text of said ordinance is avail- able to the public in the Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas PCE'.IS; `P'S; r t1 L1T State ofTe:.:as . J CITY C V Ccunt,, c*= Nueces ] ss: Ad # uqy..., y.. Before me, the undersigned, a Notary Public, this tag personally came Iris Yap, who beingFirst duj:.g swornaccording "c cC d rg to law, sags that she is a Senior ACcouning Clerk Lr�-e Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said Count„ -! 5= nti=1 ::-.etvd in Aransas, Pee- , _ . .: Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kieberg, Live and tc Counties, and that the lak,Refugio, San Patri Cir', i,: i' t.�,i is C ,..lT' , t DT CE OF 5SASE OF ORDINANCE ON FIRST 0 publication C� fd�..I�_.. PA�'"�uL� Corpus : , .-,,;�s Christi which the annexed is a true copy, was published in the Caller -Times on the Eth day of MARCH ,1588 and each day there- after for consecutive day (s) 1 Times Senior Accounting Clerk Subscribed and sworn to before me this 5th day or MARCH ,1`S88 EIJCLNIA CORTEZ Notary Public, Nueces County, Texas My commission expires on 6."10.8 NOTICE OF PASSAGE OF ORDINANCE ON • FIRST READING AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA RIVIERA REDS SEA-: FOOD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPE- CIALTIES CONCESSION AT THE AIRPORT; AND PROVID- ING FOR PUBLICATION. The term of the agreement will be for five (5) year., with an op- , tion • to rens%+. for one additional 5 -year period, at a rental to the City of 5% of the first $20,000 of gross reve- ues, 10% of the next $20,000 of gross revenues, ' and 15% of all gross reve- 1 nues in excess of $40,000 each month. Was passed and approved on first reading by the City Council of the City of Corpus Christi, Texas on the 1st day .of March, 1988 and the full text of said ordinance is avail- able to the public in the Office of the City Secretary. /s/ Armando Chapa City Secretary Corpus Christi, Texas