HomeMy WebLinkAbout020359 RES - 06/21/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONCESSION AGREEMENT WITH
SHORELINE SURREYS OF TEXAS FOR THE OPERATION OF A
QUADRICYCLE SURREY CONCESSION ALONG THE BAYFRONT SEAWALL.
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
Concession Agreement with Shoreline Surreys of Texas for the operation of a
quadricycle surrey concession along the bayfront seawall, 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:
Ci y Secretary
7/61-1-47
AYOR
APPROVED: / DAY OF , 19(t
HAL GEORGE, CITY ATTORNEY
By
f
As."stant City Atto ney
206RP124.res
THE CITY OF CORPUS CHRISTI, TEXAS
20359 MICROFILMED
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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 beginning on the
execution of this contract and terminating on May 31, 1989, unless sooner
terminated.
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.
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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.
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
Inde_nnitees") 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 agreement upon thirty
(30) days of written notice to Licensee for cause, and such cause shall b:
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,
(b, /88)
its agents, employees or assigns, or any conduct of Licensee, its agents,
employees or assigns found by City to be contrary to public policy.
XI.
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.
XII.
Licensee will incur no debts or obligations on the credit of the
City of Corpus Christi, Texas.
XIII.
The agent for the administration and enforcement of this agree-
ment between the City of Corpus Christi and William and Cheriiyn Byerley
shall be the Director of Park and Recreation Department.
XIV.
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.
XV.
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 provi-
sion 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.
XVI.
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.
-3-
/88)
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
-4-
Corpus Christi, Texas
0 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
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