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HomeMy WebLinkAbout021719 ORD - 07/27/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH LAKESIDE SURREYS, INC. DBA SHORELINE SURREYS OF TEXAS, FOR THE OPERATION OF A QUADRICYCLE SURREY CONCESSION ALONG THE SEAWALL FROM THE ART MUSEUM TO MCGEE BEACH, FOR A MONTHLY FEE OF $400 OR TEN PERCENT OF GROSS SALES WHICHEVER IS GREATER EXCEPT NOVEMBER THROUGH FEBRUARY A MONTHLY FEE OF $200 OR 10% OF GROSS SALES WHICHEVER IS GREATER; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager is hereby authorized to execute a three (3) year Agreement with Lakeside Surreys, Inc. d.b.a. Shoreline Surreys of Texas for the consideration of $400 per month or ten (10%) percent of each month's gross sales, whichever is greater, except November through February a monthly fee of $200 or ten (10%) of gross sales, whichever is greater, 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. All other terms and conditions to remain the same as the prior lease. 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. AG5000.366.ajr r 021719 MICROMMEll 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, "City", acting by and through its duly authorized City Manager, hereby licenses to Lakeside Surreys, Inc., dba Shoreline Surreys of Texas, "Licensee", the use of the sidewalk along the seawall between the Art Museum of South Texas and McGee Beach under the following terms and conditions: I. Licensee may operate a bicycle -type surrey concession along the seawall between the Art Museum of South Texas and McGee beach for a term of three (3) years, effective sixty (60) days from the date of execution of this Agreement. After expiration of the three (3) years, this Agreement may be extended, upon the same terms and conditions imposed herein, month to month for up to six (6) months by the City Manager with the consent of Licensee. Either party may cancel this agreement, without cause, by giving 90 days written notice to the other party. II. Licensee shall pay the City ten percent (10%) of each month'sross sales less sales tax, or $400 per month, whichever is greater, to the Collections Section City of Corpus Christi, on or before the 10th of each month. During the months of November, December, January and February Licensee shall pay ten percent (10%) of sales as defined above or $200 which is greater. 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 thirty (30) surreys shall be placed at any one time along the seawall, with no more than ten (10) located at any one of a maximum of three rental site locations. Rental site locations shall be coordinated with the City and shall be subject to change from time to time as necessitated 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 T -heads, L -head, barge dock, stems and streets. It shall be the Licensee's responsibility to inform its customers that surreys shall only be operated on the seawall sidewalk. Surreys operated after sunset must have operating running lights. IV. As a matter of policy, the City shall not allow more than two surrey concessionaires to operate on the bayfront seawall. It two concessionaires are authorized, no more than 50 surreys distributed between a maximum of five locations shall be allowed. -1- �xL,.L . . V. 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 Park and Recreation Department/"Director". VI. 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. Overnight storage of the surreys or any other equipment will not be allowed on the seawall. The trailer used to transport surreys will be allowed at the concession site only to unload and load surreys and must be removed from the seawall area once this is accomplished. VII. During the term of this Agreement and any holding over period hereunder, the Licensee will maintain at its sole expense, comprehensive general liability insurance, with the City named additional insured, in the amount of five hundred thousand dollars ($500,000) Combined Single Limit coverage. The City shall be furnished a certificate of insurance prior to the commencement of this Agreement, and shall receive additional certificates for all subsequent policies obtained pursuant hereto. The policy shall include a provision for thirty (30) days notice to the Park and Recreation Department should the policy be subject to cancellation, non -renewal, or a material change in the insurance coverage. VIII. 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' compensation and death claims), or property loss or damage of any kind whatsoever, 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 negligence 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. IX. Licensee shall not assign, mortgage, pledge, or transfer this Agreement without the prior written consent of the City. X. Licensee shall not place, paint, or otherwise affix any signs at, on, or about the property, or any part thereof, without the prior written permission of the Director. The Director at any time may 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 written demand thereof, the City may fulfill its demands and charge the expense of same 1 -2- to Licensee. Licensee will pay the charges within thirty (30) days of receipt. XI. The City retains the right to cancel this Agreement upon thirty (30) days of written notice to Licensee for 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. XII. Any legal action undertaken by the City to collect for any damages growing out of this Agreement or to enforce therovisions of this Agreement in any way, shall include as remedy recovery of expenses of such legal action, including, but not limited to, court cost, 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 agreement between the City of Corpus Christi and Lakeside Surreys, Inc. shall be the Director of Park and Recreation. XV. Licensee shall be responsible 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 anysection, paragraph, subdivision, clause, phrase word, or provision of this Agreement shallbe held invalid or unconstitutional by final judgment of a court of law, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement for it is the definite intent of the parties that every section,paragraph, subdivision, clause, phrase, word, or provision hereof shall be given force and effct for its purpose. 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 on this day of , 1993. Al MST: CITY OF CORPUS CHRISTI By: City Secretary Juan Garza, City Manager - 3 - APPROVED: LAKESIDE SURREYS, INC. By:�t/-/. ttt4_ iL2President 4./Lc By: L&i-bit ccxltwv-c5 Assistant ity Attorney day of C �c Z , 19'H By: Lakeside.agm That the foregoing ordinance was to its second reading on this the 19 , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria read for the first time and passed 2:2- day of J ULA --c_ That the foregoing ordinance was pas ed finally on this the 71 19C/3 , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria as PASSED AND APPROVED, this the 19975 . Edward A. Martin Dr. David McNichols David Noyola Clif Moss , read for the second time and day of Edward A. Martin Dr. David McNichols David Noyola gi(/,k', Clif Moss 1. 1 day of APPROVED: DAY OF y_AiLc JAMES R. BRAY, JR., sistant • \forms\044 , MAYOR THE CITY OF CORPUS CHRISTI CITY ATTORNEY W ity Attorney , 19 73 : 021719 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 49002 PO# --I Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH LAKESIDE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 27th day(s) of June, 1993. One Time(s) $ 76.80 Subscribed and sworn to before me this 13th day of July, 1993. Notary Public, Nueces County, Texas AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH; w31$19E *St INC. DBA SHOREUNE SURREYS OF 'TEXAS, FOR THE OPERATION OF A QUADRICYCLE SURREY CON- CESSION ALONG THE SEAWALL FROM THE ART MUSEUM TO MCGEE BEACH, FOR MONTHLY FEE OF $400 OR TEN PERCENT OF GROSS SALES, WHICHEVER IS GREATER EXCEPT NOVEM- BER THROUGH FEBRUARY, A MONTHLY FEE OF $200 OF TEN PERCENT OF GROSS SALES, WHICHEVER I5 GREATER. THE TERM IS FOR THREE YEARS, FOR THE OP- ERATION OF A QUADRICY- CLE SURREY CONCESSION ALONG THE SEAWALL, FOR A MONTHLY FEE OF $400 OR TEN PERCENT OF GROSS SALES, WHICHEVER IS GREATER EXCEPT NOVEM- BER THROUGH FEBRUARY, A MONTHLY FEE OF $200 OR TEN PERCENT OF GROSS r11410Eyyl *. B'4 in thea City Ian is on and slew * l nt Pentad reading by the City Council of the City of Corpus Christi, Texas an the 22 day of June, 1993. /s/ Armando Chapa City Secretary City of Corpus Christi 1 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 56776 PO$ '-0 w Cr)G7 No al Co c cn Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021719 AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH LAKESIDE SURREYS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 1st day(s) of August, 1993. One Time(s) $ 75.20 Business Office ecretary Subscribed and sworn to before me this 19th day of August, 1993. Notary Public, Nueces County, Texas E18/Sundaso ftwust 1, 1903 C pus Christi Caller -Times lissommum 1110 OFti'.ectal Notices 1110 lace, re crilet MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH LAKESIDE SURREYS, INC. DBA SHORELINE SURREYS OF TEXAS, FOR THE OPERATION OF A OUADRICYCLE SURREY CON- CESSIONTHE SEAWALL FROMNG THE ART MUSEUM TO McGEE BEACH, 400 . OR TEN PERCENT NTHLY OF GROSS SALES, WHICHEVER IS GREATER EXCEPT NOVEM- BER THROUGH FEBRUARY,A MONTHLY FEE OF $200 OF TEN PERCENT OF GROSS SALES, WHICHEVER IS GREATER. THE TERM IS FOR . THREE YEARS, FOR THE OP- ERATION OF A OUADRICY- • CLE SURREY CONCESSIaN ALONG THE SEAWALL, FOR • A MONTHLY FEE OF MOO rA- LES PERCENT WHICHEVEROFOSS • BETHROUGHTFEBRUARY NOVEA r TENOTHLY FEE OF S2PERCENT OF GROSS . SALES, WHICHEVER IS GREATER. A copy of the lease ie on file im-S City Secret/4 S a. . TM aliMib:.. -apaed an' nch of reedMB by c Christi, tM cm tM 27th Sal Taet"�„`ly, 1983. CMP' Ice' Gill Clelah CKl� •