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
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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�
•