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Home My WebLink About020283 RES - 04/26/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A SIXTY-DAY CONCESSION AGREEMENT FOR A QUADRICYLCE SURREY CONCESSION ALONG THE BAYFRONT SEAWALL WITH WILLIAM BYERLY AND CHERILYN BYERLY, D/B/A SHORELINE SURREYS OF TEXAS. WHEREAS the prior Concession Agreement with William Byerly and Cherilyn Byerly as authorized by Motion M87-0267 on July 21, 1987, shall terminate effective April 28, 1988; WHEREAS, the City Council desires to extend such operations for sixty days commencing April 28, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a a Sixty -Day Concession Agreement for a quadricycle surrey concession along the bayfront seawall with William Byerly and Cherilyn Byerly, d/b/a Shoreline Surreys of Texas, all as more fully set forth in the Concession Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: ity Secretary AYOR APPROVED: a/M DAY OF HAL GEORGE, CITY ATTORNEY By ,,,/,#-"l Assi tant City-Attor 206RP059.res , 197f THE CITY OF CORPUS CHRISTI, TEXAS 20283 MICROFILME (4/20/88) CONCESSION AGREEMENT STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ) For and in consideration of the undertaking, covenants, and conditions herein expressed, the City of Corpus Christi, a municipal corporation and home rule city under the laws of Texas, hereinafter called "City", acting by and through its duly authorized City Manager, hereby licenses to William Byerley and Cherilyn Byerley, dba Shoreline Surreys of Texas, hereinafter called "Licensee", the use of the sidewalk along the seawall between the South Texas Art Museum and McGee Beach under the following terms and conditions: I. Licensee may operate a bicycle -type surrey concession along the seawall between the South Texas Art Museum and McGee Beach for a term of sixty (60) days commencing April 28, 1988. II. Licensee shall pay the City ten percent (10%) of each month's gross sales less tax derived from said concession, payable to the Collec- tions Section, City of Corpus Christi, and payable by the 10th of each month. Licensee shall include with each monthly payment, a certified monthly statement of gross receipts from the operations according to current accounting procedures prescribed by the City. No more than twenty-four (24) surreys shall be placed at any one time along the seawall, with no more than twelve (12) located at a maximum of two rental site locations. Rental site locations shall be coordinated with the City and shall be subject to change from time to time as necessi- tated by other uses of the seawall. Surreys shall be restricted to use along the seawall and Licensee expressly agrees that surreys shall be prohibited from use on the bayfront landmasses (T -head, L -head, etc.). It shall be the Licensee's responsibility to inform its customers that surreys shall not be operated on the bayfront landmass. IV. Surreys shall be clearly identified and distinguishable from other surreys belonging to any other operators along the seawall. The method of identification shall be subject to approval by the Director of the Park and Recreation Department. V. The City shall in no way be responsible for the safe keeping of the bicycle -type surreys, security arrangements for which will be borne entirely by the Licensee. (4/2L � VI. During the term of this agreement and any holding over hereunder, the Licensee will maintain at its sole expense, comprehensive general liability insurance by terms of which the City will be an additional named insured. Such coverage shall be in the form of one million dollars ($1,000,000) Combined Single Limit coverage. The City shall be furnished a certificate of insurance prior to the commencement of this license, and shall receive additional certificates for all subsequent policies obtained pursuant hereto. VII. Licensee shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compen- sation and death claims), or property loss or damage of any kind whatsoev- er, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, in whole or in part, the negli- gence or other fault of the Indemnitees or any of them. Licensee shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands and actions. VIII. Licensee shall not assign, mortgage, pledge, or transfer this license without written consent of the City. IX. Licensee shall not place, paint, or otherwise affix any signs at, on, or about the property, or any part thereof, except as and when first approved, in writing, by the City. The City shall have the right at any time to require Licensee to remove, paint, or repair any of the signs allowed. Should Licensee not remove, paint, or repair said signs within ten (10) days of demand thereof in writing, the City may fulfill its demands and charge the expense of same to Licensee. X. The City retains the right to cancel this lease agreement upon thirty (30) days of written notice to Licensee for cause, and such cause shall be a violation of, or default in, any of the terms and conditions of this agreement, or a violation of any federal, state or local law by Licensee, its agents, employees or assigns, or any conduct of Licensee, its agents, employees or assigns found by City to be contrary to public policy. (4/2 XI. Additionally, Licensee recognizes and agrees that the City has a concern regarding whether additional surreys may be operated in a safe manner. For and in consideration of the granting of this license agree- ment, Licensee agrees if at any time the City Director of Safety and Risk Management determines that the operation of its license agreement in conjunction with the existing license agreement or any other concession, or normal traffic, constitutes a safety hazard, that the matter of cancella- tion of this license agreement will be forthwith placed on the City Council agenda. The City Council will then hear evidence on the issue of safety, and if the Council determines that a safety hazard exists by virtue of the granting of this license agreement, said agreement upon such determination by the City Council is null and void, cancelled upon giving five (5) days' notice of the date of such notice. Notwithstanding City's rights in this paragraph to determine safety hazards, Licensee recognizes and agrees that City has no obligation to do so, that Licensee has sole and exclusive responsibility to insure that its operations are conducted safely, that Licensee takes sole responsibility for inspecting the licensed premises and adopting its operations to avoid all premises defects therein, known or unknown, and that Licensee may not rely on any City action or representa- tion concerning safety of the premises or Licensee's operations. XII. Any legal action undertaken by the City to collect for any damages growing out of this agreement or to enforce the provisions of this agreement in any way, shall include as a remedy recovery of expenses of such legal action, including, but not limited to, court costs, attorneys' fees, expert witness fees, and the like. XIII. Licensee will incur no debts or obligations on the credit of the City of Corpus Christi;` Texas. XIV. The agent for the administration and enforcement of this agree- ment between the City of Corpus Christi and William and Cherilyn Byerley shall be the Director of Park and Recreation Department. XV. Licensee shall be responsibility for compliance with all City health regulations and ordinances as they affect the Licensee's operation, and shall bear the expenses of meeting all such regulations. XVI. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this agreement shall be held invalid or unconstitutional by final judgement of a court of law, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or -3- (4i2. ,) provision of this agreement for it is the definite intent for the parties that every section, paragraph, subdivision, clause, phrase, word, or provision hereof shall be given force and effect for its purpose. XVII. This document represents the full and complete agreement between the parties superseding any and all prior agreements hereto and is entered into between them voluntarily. They are read and delivered on this day of , 1988. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: DAY OF , 1988. HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney SHORELINE SURREYS OF TEXAS By: By: William Byerley Cherilyn Byerley Corpus Christi, Texas tt)6 day of The above resolution was passed 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 99.066.01 20283 ,1980