HomeMy WebLinkAboutC2008-121 - 4/29/2008 - Approved f ~1
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l~ITCHEh[ FACIL~TIE LEASE
Between the City of Corpus Christi and Leo Anthony Gonzalez
state of Texas
County of Nuece
This Kitchen Facilities Lease ~"Lease"} is between the City of Corpus Christi, a Texas home-rule
municipal corporation ~"City"} noting through its duly authorized City Manager, or designee,
~"City Manager"}, and l.eo Anthony onzale~ ~"Concessionaire"}, dole Proprietor~~wner.
RECITAL
~ . The City ovrrns and operates the Corpus Christi City Hall located at ~ X0'1 Leopard street,
Corpus Christi, Nueces County, Texas, ~"City Hall"}, and
2. Concessionaire desires to enter into a lease with the City to operate a food service kitchen
facility 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 utirith food service businesses, and nothing in the Agreement may be construed as
conferring any rights already granted, or to be granted, to other City Hall concessionaires; and,
The City represents that it has the right to grant the concession together with all facilities,
rights, licenses, services and privileges in the runner and to the extent set forth herein.
4. For the purpose of this Lease, the City hereby designates Paul Pierce, Procurement and
general services supervisor as the Contract Administrator.
Now therefore, inconsideration of the mutual covenants herein, the parties agree as follovu:
AF~EENlEI1lT:
1. Term. This lease commences on the first da of Ma X008 and continues throe h the
thirtieth day of April X009 done year; subject, however, to earlier termination as provided herein.
This Lease may be renewed for two consecutive twelve-month periods, by mutual written
agreement of Concessionaire and the City Manager, or designee, ~"City Manager"}.
2. Premises The City leases Concessionaire approximately 4G0 square feet for storage areas,
food preparation areas, kitchen facilities and serving lines, ~"Premises"}, all located on the sixth
floor of the City Hall, ~~0~ Leopard street, Corpus Christi, Texas. The pity Manager will also
designate a seating area on the sixth floor where the food may be eaten ~"heating Area"}. This
heating Area can be changed by the City Manager on 50 days written notice to Concessionaire,
The Concessionaire ray not, without the prior written consent of the Contract Administrator, or
designee, {"ContractAdministrato~'}, rearrange or otherwise decorate the heating Area.
3. Consideration
A~ Amount. Concessionaire shall pay the City ~ °lo of monthly gross receipts up to ~,9
per month, 3°l~ of monthly gross receipts from X5,000 to $5,000 per month and 5~1~ of
monthly gross receipts above St000 per month.
a _ ;rocs Receipts" means all cash or credit, less applicable sales tax,
sire for any food service item sold or produced ~i.e. "foods}'} on the
041~9I08
Ord, ~~7~7~
on~alez, Lei A~nthany PAGE ~ OF 1$
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i ' . Payrrrent. Concessionaire must pay the Fee set out herein in A. of the section styled
"AREEI~ENT", in arrears for the prior month, on or before the bath day of each month to:
Chief Financial Officer
P. Box
Corpus Chr~stir Texas 1849~g~7?
D. Reports. Concessionaire must provide to the Contract Administrator, on or before the
~~t~ day of each month far the prior month, a monthly report of dross Receipts that is
certified by a duly authorized officer of Concessionaire.
sales, dales to individuals must be for cash. The Contract Administrator may authorize
credit to City departr~ents or ~,ay authorize credit card usage if Concessionaire so requests.
4. foods.
A. duality. Concessionaire must dispense quality food, foal-products, non-alcoh~olit
beverages and related items ~"Goods"} at competitive prices.
Records, Audit, and Reports.
A. Records. Concessionaire must keep true and accurate accounts, retards, books and
data, v~rhich must show all the dross Receipts of the Concessionaire under the lease. All
underlying documentation fvr Concessionaire's certified monthly statements, including cash
register tapes, must be preserved by Concessionaire for at least 5years~ City may terminate
this lease for failure to preserve such records or provide them to City upon Contract
Administrator's request.
B. inspection and Audit o~ Records. The Contract Administrator may, at all reasonable
times, inspect and audit such banks, retards, cash registers and other data relating tv
Concessionaire's business hereunder to confirm the dross Receipts as defined herein. If, as
a result of an}~ inspection or audit, it is established that additional amounts are doer
Concessionaire must pay the additional amounts to the City not later than ~0 days after
completion of the inspection or audit. if the results of the audit reveal a difference of mare
than two percent ~2°l~} .between dross Receipts reported by the Concessionaire and Cross
Receipts reported by the audit, Concessionaire must pay the cast of the audit.
.Operating Income Reports The Concessionaire must furnish the Contract
Administrator Income statements pertaining to this Lease at least faun times a year no less
often than on a quarterly basis. Further, Concessionaire rr~ust submit within ~a days after
the close of each Irease year, a cumulative statement of income pertaining to this Lease,
v~rhich cavern the entire preceding lease year, to the Contract Adrr~inistrator. These
statements must contain information that the Contract Administrator deems necessary and
must show adequate detail of all Cross Receipts of the Concessionaire's operations at the
Premises.
Use.
A. Use of Premises. Concessionaire may use the Premises for the follo~ving purposes and
no other v~rithout the specific written permission of the Contract Administrator.
~ . Concessionaire may use the Premises of the l~itchen Facilities to prepare and
sell food products, i.e. foods.
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2. "Kitchen Facilities" means the kitchen facilities, food preparation area, and
storage area v~rithin the Premises.
B. Required service.
~ . Hours. Concessionaire must operate the Kitchen Facilities from at least 7:00 am. to
3:00 pFm. hJlonday through Friday, but may operate longer hours if Concessionaire sa
desires. City Hall gill be closed on holidays recognized by the City and no faad service
gill b required. Contract Administrator has the authority to change the hours at
Concessionaire's v~rritten request.
breakfast. service must include, but not be limited to: breakfast tacos, rolls and
other items a dictated by patron demand.
3, Lunch. short-order service gill include, but not be limited to a variety of ~Ilexican and
American fare: ~a} assorted tacos, lunch plates and a la carte items; fib} hamburgers,
French friet subs and saladsr ~c} desserts such as various types of cake, ice cream,
floats, etc.; and ~d} beverages such as coffee, tea, milk, juices and soda pop.
4. lVlenu A~justrnent, Concessionaire gill maintain a suggestion box and gill make
adjustments to the menu as necessary predicated on feedback from Concessionaire's
patrons,
. Inventory. Concessionaire's inventory must include, but not be limited to, items such
as trays, paper gaols, plastic u~rare, cookware and small appliances needed to promote
the level and quality of service contemplated by this Lease.
. Exclusions.
~ . City Manager or Contract Administrator may authorize other food service suppliers to:
~a} use the heating Area and fib} cater events at City Hall, to provide food items far
special events, meetings or City council faad. Any third-porky user must clean up and
repair any damage to the heating Area that is caused by its use of the heating Area. Na
third-party nay use the Kitchen Facilities.
operation of Mending IVlachines v`rill be by a separate contract and is expressly
excluded from this Lease. Havtirever, no vending machines gill be placed on the sixth
Floor of City Hall.
7. Equiprr~ent,
A. Equiprr~ent Installation. City and Concessionaire must provide at its cost all
furnishings, equipment, and improvements necessary to provide a Kitchen Facility on the nth
floor of the City Hell during the Lease and any extension thereof. The City shall provide
equipment shown in attached Exhibit A. The Concessionaire shall provide a listing of make,
model, energy efficiency and age of equipment it supplies under this Lease, ~uhich uvill be
attached and incorporated as Exhibit B. Provided, hovuever, that City must pay for the cast
of installing any permanent fixtures or equipment. A list of all permanently installed fixtures or
equipment will be attached and incorporated as Exhibit C. Contract Administrator is
authorized to amend Exhibits B and C to reflect nevu or replacement Equiprr~ent. The nevi
Exhibit ~ or c becomes effective Shen filed with the City secretary.
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All equipment supplied by Concessionaire must be used for storage, preparation, andlor sale
of fond, food products and non alcoholic beverages ~i.e, foods} in the Kitchen Facilities.
vUhen any of the equipment supplied by Concessionaire becomes obsolete or no longer
useful for the purpose originally intended, Concessionaire shall replace such equipment at its
expense. Energy efficient equipment must be used to replace any of the equipment.
B. Title to ln~provernents, Title to all improvements permanently constructed, installed or
attached to the Premises passes to the City at the time of installation or construction. Title to
ail moveable trade fixtures and equipment and all expendable equiprr~ent furnished by
Concessionaire at all tines remains with Concessionaire; Concessionaire must remove its
moveable equipment within a reasonable time after termination or cancel#ation. If not
removed in a reasonable time, title to paid equipment passes to the City. The City shall
determine what amount of time is reasonable and the City's decision is final.
C. ~Ilaintenance. Concessionaire must maintain all equipr~ent in the Kitchen Facilities
regardless of who owns the equipment. All City-owned Equipment is guaranteed to work for
the first six months of this Lease and any repairs during this time will be paid for by City.
After the first six months, any repair of City-owned Equipment that exceeds BOO will be paid
by the City or deducted from the rent owed by Concessionaire, as mutually agreed by
Concessionaire and Contract Administrator. If a repair is in excess of $x,000,
Concessionaire and contract Administrator will determine whether to repair or replace the
City-owned Equipment and will mutually agree how to divide the cost of repairs, ownership
of Equipment that must be replaced is governed by the terms of Section 7 ~Equiprnent}, B of
this Agreement.
D. I~air~tenance. The Contract Administrator may, at all reasonable times without notice,
inspect the Premises to determine if satisfactory rr~aintenance is being perforred. If not,
Contract Administrator wil! so notify Concessionaire in writing. If the maintenance is not
performed by Concessionaire within a reasonable time stated in the written notice, Contract
Administrator may perform the maintenance and charge the City's cost plus ~ 0°l~ overhead
to the Concessionaire.
E. Cleaning and Sanitation Concessionaire must maintain the highest standards of
sanitation in all areas of food service and its personnel food handling procedures. During
operation of the Kitchen Facilities, Concessionaire must clean the Seating Area and tables.
Kitchen Facilities, Seating Area, tables and floors rnust be cleaned daily by Concessionaire.
Concessionaire must sanitize all equipment monthly and post on or near each machine a
sanitation chart shaving the dates the sanitation was performed.
F. Food Laws. Concessionaire must strictly adhere to all pure food laws and to all
applicable local: city, county, state and federal health and safety regulations and statutes.
Trash and grease Trap.
A. Trash. Concessionaire rust remove ali trash and garbage to the City}s dumpster and
must not pile boxes or other containers around the Premises. City will provide a dumpster
and disposal of the contents. Concessionaire must not dispose of toxic or hazardous
materials, as defined by the Environmental Protection Agency, in the durr~pster.
B. grease Trap. Concessionaire will clean, or have cleaned, the grease traps on no less
than a monthly basis or more often if deemed necessary, and will properly dispose of or
ensure proper disposal of the contents of the grease trap.
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9. Utilities. In return for part of the consideration, City gill provide Concessionaire pater,
vuasteater, gas, elec#ricity and the same lighting, heating, cooling end ventilation a generally
provided in City Hall. City v`rill provide a telephone extension for local calls only on its phone
system; Concessionaire must provide all other telephone service it mey require.
~ Personnel. Concessionaire must emplo sufficient ualified eronnel at all times to
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provide satisfactory service and efficient operation of Kitchen Facilities. operations
hllanagement personnel must be thoroughly trained and experienced in Kitchen Facilities
operations. Concessionaire is an independen# contractor and Concessionaire or its agents or
employees are not City employees and, thus, not entitled to benefits normally accorded City
employees. Concessionaire is solely responsible for the actions or omissions of its er~ployees
or agents in performing the obligations of this Lease. Concessionaire must comply Frith all
applicable government regulations and statutes related to employing personnel.
~ ~ .Health Reguiation. If requested, Concessionaire must furnish to the Contract
Administrator, evidence of its and its emplo ees' com liance v~rith all health re ulations.
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Premises and employees ere subject to health inspections or qualifications as required by lauv.
1~. operation Costs. Concessionaire must paY ell costs of operating hereunder, including,
~rithout limitation: insurance, all taxes, permits and licenses required by lava.
~ Lauvs, ordinances, Etc, Concessionaire must observe and obey all applicable lays,
ordinances, regulations and rules of the federal, state, county and City governments.
~4. Rules. The City Manager ray adopt and enforce reasonable rules and regulations Frith
respect to the use of City bell and related facilities vuhich Concessionaire agrees to obey and
observe.
~5. Inspection, Concessionaire must allo~r the Contract Administrator access to the Premises
and equipment at all reasonable hours, to examine and inspect the Premises for purposes
necessary, incidental to, connected with the Concessionaire's performance} or in the exercise of
its governmental functions. City personnel shell have the right, at all reasonable times, to enter
upon the Premises, including the Kitchen Facilities, for purposes of ins action, re air, fire or
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police action and enforcement of this Lease.
1G, Termination.
A. concessionaire. This Lease may be canceled by the Concessionaire if any one or more
of the follo~ring events occur:
1. The permanent abandonment ofthe City Hall.
issuance by any court of competent jurisdiction of an injunction in any vuay
preventing or restraining the use of the City Ha11, ~rhich remains in effect for ~
days.
3. if Concessionaire's Kitchen Facilities are so damaged by fire, explosion, the
elements, the public enemy or other casualty not attributable to Concessionaire
or its employees as to remain untenable for more than 0 days,
Concessionaire may give the Contract Administrator vuritten notice of its
in#ention to cancel this Lease in its entirety as of the date of the damage or
destruction.
PACE5DF18
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B. pity. City may cancel this Lease at any time with or without cause. Notice of cancellation
must be in writing and will be effective no more than ~ days from the date of written notice.
This notice of cancellation can include, but i not limited to; defaults, breeches, lack of
service or omissions leading thereto. .
. Delinquency. Concessionaire will be deemed "delinquent" or "in default" if the City has
not received Concessionaire's monthly rental payment and financial statement on or before
:~0 p.r~, on the both day of the r~anth following the calendar month for which the rental
obligations accrue. If the both day of the month falls on a weekend or city-recognised
holiday, the respective payments and financial statement must be tendered on the first
business day thereafterF In the event of delinquency or default, the City hllanager mey, at his
option, terminate this Lease after Concessionaire fails or refuses to pay the amounts due or
provide the required financial statements within fifteen ~'15~, days after City has sent written
notice to Concessionaire of the delinquency or default.
~ T. indemnity. Concessionaire must indemnify and hold harmless City, its officers,
employees, or agents ~i`Indemnitees"} from and against all claims demands, actions,
damages, losses, costs, liabilities, expenses and judgments recovered from ar asserted
against City on account of injury or damage to person yr property to the extent the
damage or injury nnay be incident to, arise out of or be caused, either proximately or
remotely, wholly or in part, by an actor omission, negligence or misconduct on the part
of concessionaire or any of its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees entering upon the Premises or any Improvements thereon
pursuant to this Lease with the expressed or implied invitation or permission of
Concessionaire collectively "Concessionaire's Invitees"~ or when any the injury or
damage is the result, proximate or remote, of the violation by Concessionaire or
Concessionaire's Invitees of any law, ordinance or governmental order of any kind, or
when the injury or damage may in any other way arise from or out of the Improvements
located on the Premises herein or out of the use or occupancy of the Improvements to
the Premises or the Premises itself by Concessionaire or Concessionaire's Invitees.
Concessionaire covenants and agrees that in case City shall be made a party to any
litigation against Concessionaire or in any litigation commenced by any party, other than
Concessionaire relating to this Lease, Concessionaire shall defend City upon receipt of
reasonable notice regarding commencement of such litigation.
~ Insurance. The Concessionaire must obtain and maintain the minimum insurance listed in
the attached and incorporated Exhibit D for the period of the Lease at its own expense and use
an insurance company or companies acceptable to the Contract Administrator and must furnish
the Contract Administrator uvith a Certificate of Insurance evidencing that such insurance is in
effect. The Certificate must specify parties who are additionai insured and must indicate
endorsements which are specifically included or excluded. such Certificate and insurance must
not be canceled, materially changed or not renewed without 3~ days prior written notice to the
Contract Administrator. A copy of all insurance policies will be provided to the Contract
Administrator upon hislher written request.
~ Assignment. This Lease nay not be assigned or transferred, in whole or in part, directly or
indirectly without the prior written consent of the City.
~O.Redelivery. Concessionaire must make no unlawful or offensive use of the Kitchen
Facilities and must, at the expiration or sooner cancellation hereof, without notice, redeliver the
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- ~ l~itchen Facilities to the City, peaceably, quietly and in good order and condition, reasonable use
and wear thereof excepted.
~~.Attorney'e Fees. If any action or proceeding is brought to collect the fees due or to become
due hereunder, or any portion thereof, or to take possession of the Premises, or to enforce
compliance with the Lease, or for failure to observe any of the covenants of the Lease,
Concessionaire must pay the City such sum as the Court may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by the Appellate Court,
if a judgment is rendered in favor of the City.
~2. Non-Waiver. Any waiver of any breach of covenants herein contained to be kept and
performed by either party hereto is not deemed or considered as a continuing waiver, and does
not operate to 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 fees will not be deemed a waiver.
23.Force Ma~e~,re. Neither concessionaire nor the City will be held in default under this Lease
for failure to perform hereunder, if the failure is due to strikes, riots, insurrections, fire} war, acts
of hod, 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.
However, the City will not be responsible for any logs to the Concessionaire due to ter~porary
suspension of operations, regardless of cause. The suspensions} may result from but are not
limited to: power failure, fire, andlor extraordinary weather conditions.
~4.Nondiscriminativn. Concessionaire agrees that, during the Lease, it will:
a~ Treat all applicants and employees without discrimination as to race, color,
religion, sex, national origin, marital status, age or handicap.
b~ Identify itsel# as an "Equal opportunity Employer" in all help wanted advertising or
requests.
~~.Notice. All notices, demands, requests or replies provided for or permitted by this Lease
shall be in writing and may be delivered by any one of the following methods: by personal
delivery; by deposit uvith the United States Postal Service as certified or registered marl,
return receipt requested, postage prepaid to the addresses stated below; {3} by prepaid
telegram, or ~4} by deposit with an overnight express delivery service at:
l f to C ity:
City of Corpus Christi
Purchasing Division
Attention: Paul Pierce} Procurement and general Services Supervisor
P.~. Box 9~~7
Corpus Christi, Texas ~84G9-917
Physical Address far use by overnight express delivery service:
101 Leopard
Corpus Christi, Texas 78401
Fax Number: {3fi 1 } 8~~-~~
PAGE l of 18
Ifto Concessionaire:
Lea Anthony Gon~ale~
44~a Greenwood Drive
Corpus Ch risti, Texas 784 ~ ~
Fax number: ~8fi1 }
Notice deposited with the United States Postal Service in the manner described above will be
deemed effective one } business day after deposit with the U. S. Postal Service. Natice by
telegram or overnight express delivery service will be deemed effective one }business day
after transmission to the telegraph company or overnight express carrier.
~fi. Taxes and Fees. Concessionaire must pay all taxes, licenses and fees required to operate
and maintain it's Kitchen Facilities on the Premises. Furthermore, Concessionaire must pay all
taxes which its use of the Premises and Kitchen Facilities may cause to be assessed against
the Premises and Kitchen Facilities. Concessionaire must pay all payroll taxes and related taxes
and fees incident to operation of its Kitchen Facilities on the Premises. All these taxes and fees
must be paid priar to the due date thereof.
Additionally, Concessionaire covenants to timely pay payroll taxes, ~Iledicare taxes, FICA takes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended.
Concessionaire must provide proof of payment of these taxes to the Contract Administrator
within 8~ days after hislher vuritten request thereof. Failure to pay or provide proof of payment i
grounds far immediate termination of this Lease,
~7. Modifications. Na provision of the Lease may be changed, modified or waived, unless in
writing signed by a person authorized to sign agreements an behalf of each pasty.
~8. Financing. City recognizes that Concessionaire may borrow funds far improvements to the
Kitchen Facilities, and its lender or lenders will require a first lien upon Concessionaire's
leasehold. The fee simple estate of Lessor in the surface estate burdened by Concessionaire's
leasehold estate must be exempt from the lien, and any lien must contain the fallowing
language:
"Lender agrees that the lien created by this instrument is effective only as to
Concessionaire's leasehold estate created by that certain lease dated ,
executed by the City of Carpus Christi, as Lessor, and , as
Concessionaire, and does not affect Lessor's interest, being the fee simple estate
burdened by Concessionaire's leasehold estate"
or other similar language approved by the City Attorney.
l n the event of any foreclosure by any lender of its lien or liens on the Kitchen Facilities or
fixtures, or trade fixtures, the lender succeeds hereunder to all rights, privileges and duties of
Concessionaire, including without limitation paying rent, as if said lender was originally named
tenant herein, and the lender gill have a reasonable time after date of foreclosure knot mare
than ~ 80 days to sublease the Kitchen Facilities to parties as may be approved by City.
29. inns. Concessionaire must not place, paint or otherwise affix any sign at, an or about the
Premises, ar any park thereaf, uvithout the Contract Administrator's priar written approval. The
City may require Concession to remove, paint or repair any signs allowed. if Concessionaire
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does not remove, paint ar repair the signs within ten days of demand thereof in writing, the City
may remove, paint or repair the signs and charge Concessionaire the City's expenses plus ~ ~°l~
overhead. Concessionaire agrees to pay within 0 days after City sends an invoice to
Concessionaire. concessionaire may plane menu signs and displays on the walls of the cafe.
Additionally, Concessionaire may periodically exhibit the wor~C of local artists in the cafe, witf~
prior approval of ContractAdministratar.
~0. Alterationllrr~prover~ents. Concessionaire must not make any alterations to the Premises
without the priorritten consent of the City Manager.
Changes in Lease. This Lease contains the entire agreement between the parties. None of
the covenants, terms or conditions of this Lease may be altered or waived,. except by a written
instrumen#, duly signed by authorised representatives of the parties hereto And no act or
omission or v~raiver by the City as to a default, either in whole or in part, by Concessionaire of a
covenant, term or condition of this Lease, waives the City's right to insist upon Concessionaire's
full performance in the same manner and to the same extent as the same are herein
covenanted to be performed by the Concessionaire.
Leas Relationship. The parties hereby create a landlordltenant relationship} and this
Lease must be construed conclusively in favor of that relationship. Nothing herein, neither the
method of computation of rent, or any other provision captained herein, ar any of the acts of the
parties, creates a relationship of principal and agent, or of partnership, or of joint venture
between the porkies hereto,
3~ Holding fiver. if Concessionaire, with the consent of City, continues to remain on the
Leased Prerises after the lease term, then Concessionaire becomes a tenant from week to
week, notwithstanding the duration of tine far which rent ray be paid, and the City Manager
has the absolute right to terminate this tenancy upon 7 calendar days notice.
4.Pet Control. City will provide pest control services to the Premises and heating Area
approximately quarterly Concessionaire may provide more frequent pest control services at its
expense, but must notify the Contract Administrator at least two business days prior to any
pesticide application,
.Captions. The captions employed in this Lease are far convenience only and do not in any
way limit or ampli#y the terms or provisions hereof. .
36.interpretation. This Lease shall be interpreted according to the Texas laws that govern the
interpretation of contracts. Venue lies in Nuces County, Texas, where this Lease was entered
into and will be performed.
Entirety clause. This Lease and the incorporated and attached exhibits constitute the
entire agreement between the City and Concessionaire for the use granted.. All other
agreements} promises and representations, unless contained in this Lease, are expressly
revoked, as the parties intend to provide for a complete understanding within the previsions of
this Lease and its exhibits, of the terms, conditions, promises and covenants relating tv
Concessionaire's operations and the Premises to be used in the operations. The
unenforceability, invalidity or illegality of any provision of this Lease does not render the other
provisions unenforceable, invalid or illegal.
38.everance clause. If for a reason any section, paragraph, subdivision, clause, phrase,
word or provision of this lease is held as invalid or upconstitutianal by a final judgment of
competent jurisdiction, it does pot affect any other section, paragraph, subdivision, clause,
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phrase, vuord or provision of this lease for it is the definite intent ~f this lease that every section,
paragraph, subdivision, clause, phrase, vrrvrd or provision hereof be given the full farce and
ef#ect far its purpose.
signed in duplicate oriinalsthis day of , 2a08.
pity.
ore K. Noes ~~ty IUlanager
Attest;
Armando ~hapa, fit ecretary
Legal Form Approved: this day of , ~aa8.
Veronica Ocana~s
Assistant pity Attorney
For pity Attorney
U~NDRM~~~
~+~+~rRert.~rr,~,~
Lea Anthony onzaiez . .
A ony on~ale~, dale Proprietorl~v~ner
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~IIB~T
List of equipment provided by the pity of Carpus Christi
~it~ Freparatian table
Refrigerator
Freezer
Ice Machine
b beck cafe table
17 black cafe chair
bauble even Range
Hat Table
salad aid Table
I~itchcn Fire Extinguisher
safe F ire Extrnu i sh er
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List of Fquipn~ent provided by Concessionaire ~Lec Anthony onxalez}
icrawa~e ~~en
Deep Fr~rer
Twa stainless steel Prep tables - 5' x 3'
Ail pots, pans and utensils
Blender
Cash Register
Credit Card Machine
Plates, Trays, flatware, to-ga boxes
A11 Food Beverages
All Counter Top displays
Decorat~ans paintings, pictures, displays}
Coffee e~uiprr~ent ~-1 coffee maker, assar~ed decantors
Plastic tea dispenser with spigot
Dispenser for aquas frescos with spigot
Capuccino machine
3 - Chalk boards
Table clothes and plastic covers for each table
3 trashcans
Container to collectlstare used grease
1 easel in Atrium an 1 floor
i easel in Atrium on. Gtr Haar
~ black cafe table labeled with "Leo Anthony anzalez'}
4 black cafe chairs labeled with "Lea Anthan~ on~ale~"
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List of permanently installed equiprr~ent and fixtures
dent Hood
dater heater
Largo sink in ~itc~en
small Ink In Cafe
~ountertap case work
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EFL I BIB ~
INIlRANE REC~UIREI~ENTS
BETION I~ ONESSI~NAIRE's LIABILITY INSURANCE
A. concessionaire must not commence work under this agreement until all insurance required
herein has been obtained and approved by the pity. concessionaire must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor I~as
been obtained.
B. concessionaire must furnish to the pity's Risk Manager, two copies of certificates of
Insurance; with the pity named as an additional insured for all liability policies. A blanket waiver
of subrogation is required an all applicable policies, showing the following minimum coverage by
insurance company~s} acceptable to the pity's Risk Manager.
TYpE OF INSURANDE IIIIINIIIIIUM INsUI~AANE ~IIERAOE
3~-day written notice of cancellation, nor- Bodily Injury and Property Damage
renewal, material change orterminati~n Per occurrencel aggregate
required on all certificates
ammercial general liability including:
1. arnmercial Farm ~~O,~OD COMBINED SINGLE LIMIT
Premises -Operations
3. Produc~s~ Oornpleted Operations Hazard
4. ~ontractuai Insurance
Food Handlers Liability
B. I ndependent ~antractors
7. Personal Injury ! Adverkising Injury
111lorkers' compensation Required if concessionaire employs
any person other than himself ~
herself:
VIIHIH COMPLIES UvITH THE TEAS
UvDRl~ERS' COMPENSATION ACT &
SETI~N II OF THIS EXHIBIT
Employers' Liability ~ OD,~00
In the event of accidents of any kind, Concessionaire must furnish the Risk Manageruvith copies
of all reports of such accidents at the same time that the reports are forwarded to any other
interested parties.
sEOTIDN II. ADDITIONAL REQUIREIVIENTs
A. If applicable, as stated in Section l - B. Table, concessionaire must obtain workers'
compensation coverage through a licensed insurance company in accordance with Texas
law. The contract far coverage must be written on a policy and with endorsements
PAGE ~4 OF ~8
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•
approved by the Texas Department of Insurance.
The coverage provided must be in an amount sufficient to assure that all workers'
cvmpensatian obligations incurred by concessionaire will be promptly met,
B. certificate of Insurance:
• The pity of corpus Christi must be named as an additional insured on the
liability coverage, except far the vlJorkers' compensation coverage and a ~ianket
waiver of subrogation is required an a!I applicable policies.
• If your insurance company uses the standard AC~~D form, the cancellation
clause bottom right} must be amended by adding the wording" changed off'
between "be" and "canceled", and deleting the wards, "endeavor to't, and
deleting the wording after "left"~ In lieu of modification of the ACRD form,
separate policy endorsements addressing the same substantive reguirerr~ents are
mandatary.
• The name of the project must be listed under "Description of operations".
• At a minimum, a ~-day written notice of material change} non-renewal,
termination or cancellation is required.
if the ~erkificate of Insurance on its face does not show the existence of the coverage
required by items I - B Table ~1 an authorised representative of the insurance
company must include a letter specifically stating whether items I ~ B. Table ~1 are
included or excluded.
200$ City Mali Faad Service ins, req.
4~-08 e~ R+sk Mgmt_
RAG~16~F18
CITY OF CORPUS CHRISTI
FINANCE DEPARTMENT /PURCHASING DNISiON
MINORITY BUSINESS ENTERPRISE INFORMATION FORM
THIS FORM MUST BE SUBMITTED
ALONG WITH BAD
PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS
ENTERPRISE. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE:
HISTORICALLY UNDERUTILIZED BUSINESS HUB ? YES NO
~ )
DISADVANTAGED BUSINESS ENTERPRISE (DBE} ? YES 10
SMALL DISADVANTAGED BUSINESS ENTERPRISE {SDBC} ? YES NO
OTHER (PLEASE ?YES ? NO
SPECIFY):
THIS COMPANY IS NOT A CERTIFIED MINORTITY BUSINESS
THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL
AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF
EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY.
BID INVITATION NO: BI- -
Firm Name C~ ~5~~~*j C~o~Y~z Telephone:3~/ - ~y~3`~ Ext.
Address: ~/~l-P-~ Fax: - -
City: ~~~a~s ~~s~ State: Zip: 7~y~~ E-mail: yG.~,r~~-~`
y g~""•
Date: y z/~~
Sign re of Authorized to Sign Form
Signer's Name: L~~ Title: d~~
{Please print or type)
PAGE 16 OF 78
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SUPPLIER NUMBER
TO B1~ ASSIGNED BY
I~
PURCHASING DiVISIGN
City of
Carpus I~ITY ~F I~RPIJ~ HAITI
Chn~tt III~L~~~ F IT~~T
City of Corpus Christi ordinance 17112, a amended, re~~ires all ersans or firms seekir?g to+ do business with the
City to provide the following Inforatlon, livery questzon must a answered. tf the question ~ not applicable,
answer with "NA". fee reverse side far definitlans.
CJ ~o
i / r
~ ~ ~
FIRM I: 1, Corporation 2~ Par~ership 3. Sole owner ~
4. Assoc~at~on ~ ether
DIL~UR~ I~UETII~N
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. state the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting
3°l0 or more of the ownership in the above named "fine."
Name fob Title and City Department cif known}
2. state the names of each "official" of the Ci of Corpus Christi having an "ownership interest" constituting 3°l~
or more of the ownership in the above name "fine."
Name Title
3. state the names of each "board merrxber" of the City of Corpus Christi having an "ownership interest"
constituting ~°l~ or more ofthe ownership in the above named "firm."
Name f Board, Commission or Commlttee
I
4. state the names of each employee or of~eer of a "consultant" for the City of Corpus Christi who worked on any
matter related t0 the subject of thls contract and has an "ownership interest" constltuting or more of the
ownership in the above Warned "firm."
Name Consultant
~ERTIFIATI~N
I eertlfy that all inforrnatian rovided is true and correct as of the date of th~5 statement, that I ha~re not
kriaingl withheld disclosure o any information requested; and that supplemental statements will be proieptly
submitte to the City of Corpus Christi, Texas as changes occur.
~
ertr in Peron. Title. ~ ~
IY 9
[Type or Print
ter.
i~nat~re of ~erkifying Date;
Person:
~AO~~~o~~i~
4~
S +
. DE~'INIT~~N .
a. "Eaard member" A member of any board, can~rnissian, or camm~ttee appointed by the City
Council of the City of Carpus Christi, Texas.
b. "Employee." Any person employed by the City of Corpus Christi, Texas either an a full or part-
tlme balls, but not as an l~ldependent contractor.
c. "Finn," Any entity operated for ecanarrxic gain, whether professional, industrial ar commercial, and
whether established to produce or deal with a product or service, including but not limited ta, entities
operated in the farm of sale proprietorship, as se~~ employed person, partnership, corporation, joint
stack company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated asnon-profit organizations.
d. "official." The Mayor, members of the City Council, Cit}r Manager, Deputy City Manager,
Assistant City Managers, Department and Dlvlslan Heads, and Mun~c~pal Courk Judges of the City of
COrpUS Chrlstl, Texas.
e. "Ownership Interest." Legal ar equitable interest, whether actually ar constructively held, in
firm, including when such interest is held through an agent, trust, estate, ar hald~ng entity.
"Constructively held" refers to holdings ar control established though voting trusts, proxies, ar
special terms of venture ar partnership ag~een~ents."
f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recarnrnendatian.
SAGE 18 0~ 18