HomeMy WebLinkAboutC2011-301 - 8/30/2011 - ApprovedBAYFRONT PARK KIOSK AGREEMENT
Between the City of Corpus Christi and Amarillo Sports Services, Inc. dlbla Game
Time Food & Beverage Services-
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State of Texas § —
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KIOSK AGREEMENT
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THIS AGREEMENT is entered into by and between Amarillo Sports Services, Inc. d/b /a
Game Time Food & Beverage Services ("Licensee ") a Texas Corporation { —
' , ) and the CITY OF CORPUS
CHRISTI, a Texas home rule municipal corporation ( "City "), by and through its duly authorized
City Manager, each of whom agrees as follows:
FOR AND IN CONSIDERATION of the mutual terms, covenants, and conditions herein,
City hereby grants to Licensee the license to operate the Bayfront Park Kiosk. The parties intend
that a license, not a lease, easement or any other interest in real property be created hereby and
Licensee acknowledges he /she is not receiving any interest in real property by this Agreement.
Except as expressly otherwise provided herein, the rights granted under this license are exclusive.
AGREEMENT
1. TERM
The term of this Agreement shall commence on the date signed by the last signatory hereto and
shall continue for one year thereafter, with an option to extend for up to two additional one -year
periods, subject to the approval of the City Manager or his designee ( "Term"). The City reserves
the right to re- negotiate the Kiosk Fee during the extension process.
At any time during the Term of this Agreement, City shall have the right to terminate this
Agreement upon thirty (30) days' prior written notice to Licensee.
The term "Term" as used in this Agreement shall include any and all extension periods.
2. USE
2.1 Use of Licensed Property Licensee shall use the Licensed Property and the Facilities for
only the following purposes:
(a) Operation of Facilities for Grou p Use. Operation and maintenance of the Licensed Property
and the Facilities for group use, by reservation only, for picnics, barbecues, recreational games and
similar events.
Amarillo Sports Svcs.
2011 -301
Ord. 029187
08/30/11
(b) Food Services Operation and maintenance of food services, including serving, selling,
vending and dispensing popcorn, potato chips, ice cream, hot dogs and hamburgers, candy and
similar merchandise and light lunches. The sale of alcoholic beverages at the Licensed Property is
strictly prohibited. Licensee shall submit its proposed menu and list of merchandise to City for
City's approval, which approval shall not be unreasonably withheld. During the Term, Licensee
shall not make any major changes to such menu or list of merchandise as approved by City,
without first obtaining City's approval, which shall not be unreasonably withheld.
(c) Catering Operation and maintenance of a catering service for food preparation for large
groups at the Licensed Property. Licensee may, at its discretion, perform the food preparation itself
or contract with a third -parry to perform such services.
(d) Promotion Promotion of the Licensed Property and the Facilities through publicity, special
events and contacts with schools and large group users, all at Licensee's expense and with City's
prior written approval. Promotional material must include acknowledgement that facilities are
located on CITY OF CORPUS CHRISTI land.
2.2 Days and Hours of Operation of the Licensed Prop Licensee's business at the Licensed
Property shall maintain the following hours: The Kiosk shall offer seven -day -a week operation
from 11:00 a.m. to 8:00 p.m. beginning Memorial Day weekend and continuing through Labor
Day, as well as during the two weeks comprising Spring Break. Modifications to this schedule as
well as establishing days and hours of operation outside these time frames must be approved by the
Director of Parks and Recreation, or his designee, prior to any such modification being
implemented by Licensee.
2.3 Facility Manager Unless Licensee personally serves in such capacity, Licensee shall hire
and assign a full -time, qualified, experienced facility manager for its operations. Said facility
manager will have no other duties or responsibilities and will be physically available during
reasonable operating hours. The qualifications of said facility manager shall be submitted to the
City upon request. During the hours when the manager is not on duty or available, there shall be a
designated assistant manager. The manager and assistant manager shall be the authorized
representatives of the Licensee - and entitled to act in all matters relating to the operation of the
facility assigned hereunder. The City shall be advised in writing of the names of the manager and
assistant manager. Tenant shall provide telephone numbers of the manager and assistant manager
or other representatives in order that the City many communicate quickly with representatives
during emergencies or other unusual circumstances.
2.4 Licensee's Employees All employees shall be fully trained and qualified to perform the
duties assigned to them and shall perform such duties in an efficient and courteous manner. If any
employee of Licensee fails to so perform his/her duties, Licensee shall take any and all appropriate
action to discipline such employee, including, without limitation, dismissal of such employee. If
Licensee fails to take such action and such employee continues to perform his/her duties in a
manner inconsistent with the standards set forth herein, Licensee shall, upon City's demand,
dismiss such employee.
All of Licensee's employees shall be appropriately attired to distinguish such employees from
members of the public.
2.5 Rates and Charges Prior to the commencement of this Agreement, and thereafter upon
City's request, Licensee shall submit to City a schedule of the rates and prices Licensee shall
charge the public for goods. If City reasonably disapproves any such price, Licensee shall modify
such price schedule as directed by City. Licensee shall post its rates and prices for goods in such
places on the Licensed Property as City may designate.
2.6 Quality of Licensee's Services
(a) Licensee shall conduct its operations in an orderly manner and so as not to annoy, disturb or
offend customers, patrons or others on the Property.
(b) Licensee shall control the conduct, demeanor and appearance of its officers, members,
employees, agents, representatives, customers and patrons, and, upon objection of the City
concerning the conduct, demeanor or appearance of any such person, Licensee shall immediately
take all necessary steps to remedy the situation.
(c) Licensee shall furnish good, prompt and efficient service, adequate to meet all reasonable
demands therefor.
(d) Licensee shall serve only the best quality products obtainable for the type of service offered.
(e) City reserves the right to prohibit the sale, rental or use by Licensee of any article or item
which City regards as objectionable, unnecessary or of inferior quality for proper service to the
public.
(f) Licensee shall not store food, supplies, equipment or any other item outside of a structure on the
Licensed Property, except as specifically approved in writing by City at its sole discretion.
(g) Licensee's personnel may drive private vehicles into areas near the Kiosk in which non -City
vehicles are prohibited, only as required for loading and unloading items used to operate the
Licensed Property.
(h) Notwithstanding (g) above, Licensee shall use its best efforts to arrange for all food, supplies
and other items needed for operation of the Licensed Property to be delivered by the fewest
possible vehicles. Licensee shall use its best efforts to minimize the disruptions and amount of
traffic in the immediate area of the Kiosk that would result from numerous deliveries.
(i) Licensee shall not install, use or permit to be operated or used on the Licensed Property any
public address equipment, television equipment, juke box, radio, loudspeaker or other noise-
producing equipment, except as specifically approved by the City, at its sole discretion. Audio
equipment may be used only during periods when patrons or customers have reserved the area.
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2.6 Compliance with Laws Licensee shall comply with all laws concerning the Licensed Property
or Licensee's use of the Licensed Property. The judgment of any court of competent jurisdiction or
the admission by Licensee in any action or proceeding against Licensee that Licensee has violated
any laws in the use of the Licensed Property shall be deemed to be conclusive determination of
that fact between City and Licensee, even though City is not a party to such action or proceeding.
2.7 Other Limitations on Licensee's Use of Licensed PMerty Licensee shall not use the Licensed
Property for or permit in or upon the Licensed Property any of the following: (i) any nuisance or
offensive, noisy or dangerous trade, business, manufacture or occupation; (ii) any activity which
violates public policy; or (iii) any auction, liquidation, fire or bankruptcy sale. Licensee agrees not
to cause, permit or suffer any waste to the Licensed Property.
2.8 Exterior Displays Licensee shall not, without prior written approval of City, keep, display, sell
or permit the display or sale of any merchandise outside of any building located in the Licensed
Property unless there is prior approval by City.
2.9 Coin - Operated and Other Machines Licensee shall not install, maintain, use or allow in or
upon the Licensed Property any pinball machines, coin - operated music machine, video machines
or other coin - operated amusement devise of any kind or character without prior written approval of
the City. If Licensee violates the provisions of this Section 2.9, City may, in addition to its other
rights and remedies, enter the Licensed Property and remove and store, or otherwise dispose of,
any such machines and devices at the expense of Licensee.
2.10 Storage of Refuse.
(a) Licensee shall cause all refuse and trash to be promptly removed from the Licensed Property
and shall not allow refuse, garbage or trash to be stored outside of any building on the Licensed
Property except in a screened area in a location reasonably approved by City. City will provide a
dumpster and disposal of the contents. Licensee must not dispose of toxic or hazardous materials,
as defined by the Environmental Protection Agency, in the dumpster.
(b) Grease Trap. Licensee 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.
2.11 Miscellaneous Use Requirements
(a) Health Department Requirements Licensee shall, at its own expense, correct any deficiencies
at the Licensed Property as required by the City of Corpus Christi Health Department and the
Nueces County Health Department.
(b) Condition of Premises Licensee shall immediately report in writing to City any observable
defects in or about the Licensed Property which could foreseeably lead to personal injury or further
property damage. Licensee shall at all times be alert to detection of such defects and shall report
them promptly upon observation. City may, at its option, provide a form for such reports from time
to time.
(c) Patterns of Public's Use of Licensed Property. Licensee shall, from time to time, supply written
notice to City of observed patterns of use of the Licensed Property by members of the public, with
special reference to undesirable, dangerous or questionable situations or conditions that might
reasonably merit review by City, but which are not of an emergency nature.
(d) Emergency. Notwithstanding the foregoing, if Licensee becomes aware of any act of vandalism
or of any casualty, or any other condition involving imminent danger of loss of life or injury to
persons or public property, Licensee shall immediately report same to the Corpus Christi Police
Department; provided, however, in addition to Licensee's obligation to notify the Corpus Christi
Police Department, if Licensee or its employees are at the Licensed Property at the time of the
occurrence of any emergency situation, Licensee shall take whatever steps are reasonably
necessary to protect City and its property.
(e) Protection of Kiosk Facility Licensee recognizes that the Licensed Property is located within
Bayfront Park, a city park owned, operated and maintained by City as an essential part of its
system for furnishing recreation and open space for use by the citizens of Corpus Christi. Licensee
agrees not to interfere in any way with City's activities: (i) to protect the property of City from
destruction by erosion, fire or improper use, and (ii) to protect the public at all times from hazards.
2.12 Pest Control. Licensee will provide pest control services to the Premises and Seating Area
at least monthly and must notify the Contract Administrator at least two (2) business days prior to
any pesticide application.
3. LICENSE FEES; PAYMENT; REPORTS; RECORDKEEPING
3.1 Computation and Payment of License Fee Licensee shall pay a license fee (the "License Fee ")
to City at a monthly percentage rate of zero (0 %) percent of gross sales, less sales tax, when
monthly gross sales, less sales tax, are between zero dollars ($0.00) and ten thousand dollars
($10,000) and eight (8 %) percent of gross sales, less sales tax, in excess of ten thousand dollars
($10,000) per month. Licensee shall pay zero ($0.00) dollars in reimbursement for electricity.
Licensee shall, on or before the 10 day of each month, remit payment to the Contract
Administrator, for the prior month, and provide to the Contract Administrator, on or before the
10th day of each month, for the prior month, the Licensee shall remit payment and provide a
completed monthly report (attached as "STATEMENT OF GROSS REVENUES ") enumerating
the Gross Receipts, sales taxes and corresponding. Kiosk Fee that are certified by a duly authorized
officer of Licensee and shall be remitted to the Director of Parks & Recreation
3.2 Definition of Gross Receipts The term "gross receipts" shall mean the dollar aggregate of
the advance deposits for reservations and of the selling prices of all goods and merchandise sold,
leased, licensed or delivered at or from the Licensed Property by Licensee, its permitted licensees
or concessionaires, whether made for cash,. check, credit account, debit account, exchange, coupon
redemption, or otherwise, and shall include, without limitation, sales, rentals and services where
the orders originate or area accepted by Licensee at the Licensed Property, even though delivery or
performance is made from elsewhere, and where orders originate outside of the Licensed Property,
but delivery or performance of such orders is made from the Licensed Property, and shall also
include sales made by means of mechanical or other vending devices on the Licensed Property. It
shall be a condition of any such permitted license, concession or other arrangement that such gross
sales clear through Licensee's books and records so that Licensee shall be in a position to render
M and complete reports as required by this Agreement. Gross receipts from business conducted in
cooperation with any of City's other concessionaires or licensees shall be included either in such
other concessionaire's or in Licensee's gross receipts, as City shall direct, but not both. Each charge
or sale upon credit shall be treated as a sale in each month during which any deposit, fee, advance
payment or other payment is received, to the extent of each such payment. Licensee may accept
payments attributable to a sale of goods or services for use beyond the term of this Agreement if
Request for Proposals and selection process goes beyond the end date of this agreement or any
extension hereof. These payments shall be held in a City account pending the appointment of a
new Licensee. In this case, Licensee agrees that these deposits or advance payments are turned
over to any new Licensee chosen.
3.3 Net Receipts The following items may be deducted from gross receipts in determining net
receipts, but only to the extent that they have been included in gross receipts:
(a) the amount of any city, county, state or federal sales, use or excise taxes on sales or services
rendered from the Licensed Property where such taxes are added to the selling price, are stated
separately and are paid by Licensee directly to the taxing authority;
(b) the net amount of cash refunds made by Licensee of funds previously paid to Licensee and
reported in gross sales on account of either (i) cancellation of a rental reservation, or (ii) the food
or merchandise, or part of it, returned by the purchaser to, and accepted by, Licensee (but not
exceeding in any instance the amount of the selling price of the item in question);
(c) exchanges or transfers of food or merchandise between stores of Licensee, where such
exchanges or transfers are made solely for the convenient operation of Licensee's business and do
not have the effect of consummating elsewhere a sale which has in fact been made at or from the
Licensed Property;
(d) returns to shippers and manufacturers;
(e) sales of fixtures after their use in the conduct of Licensee's business at the Licensed Property as
permitted by this Agreement;
(f) sums and credits received in the settlement of claims for loss or damage to food and
merchandise; and
(g) receipts from public telephones, stamp machines, public toilet locks or vending machines
installed solely for the use of Licensee's employees.
No exclusion or deduction shall be allowed for uncollectible accounts receivable or other
extensions of credit.
3.4 Recordkeeping, Ins ection. Licensee shall keep, at Licensee's office, full and accurate books of
account, cash receipts and other pertinent data customarily used in Licensee's type of operation,
showing Licensee's activities under this Agreement, including, without limitation, Licensee's gross
receipts ( "Recordkeeping "). Licensee shall utilize only those recording machines or records,
including, without limitation, cash registers, tapes, books, ledgers, journals, sales slips, guest
checks, invoices and cash register maintenance logs, which are acceptable to City and by which
every sale and other transaction made from the Licensed Property shall be recorded. Licensee shall
keep such books of account, cash receipts and other pertinent data for a period of not less than
three years following the end of each year of the Term of this Agreement. City and its authorized
representatives shall have the right to examine any of Licensee's records kept at a location different
from the Licensed Property. If such location is outside the area of City's jurisdiction, Licensee
shall pay all costs of City's travel and other costs associated with any examination of records at
such a location.
Licensee shall fully cooperate with City in making any such inspections and examinations and
shall provide City, its employees, agents and representatives with adequate and convenient
facilities therefor. City shall also be entitled, once in any year during the Term of this Agreement,
and once after expiration or termination of the Term, to an audit of the books of account, cash
receipts, records and other pertinent data showing business done by Licensee on the Licensed
Property, to be made by a certified public accountant to be designated by City. If any audit shows
that there is a deficiency in the payment of License Fees, the deficiency shall become immediately
due and payable. The costs of such an audit shall be paid by City unless an audit discloses that
Licensee understated gross receipts by two percent (2 %) or more, or discovered recordkeeping
inadequacies which, in the opinion of the auditors, could result in the understatement of gross
receipts by two percent (2 %) or more, in which case Licensee shall pay all of City's costs of audit.
The acceptance by City of any monies paid to City by Licensee as License Fees, as shown by any
statement furnished by Licensee, shall not be an admission of either (i) the accuracy of such .
statement, or (ii) the sufficiency of the amount of the License Fees. Recommendations to improve
Recordkeeping made by the auditor and approved by City shall be implemented by Licensee.
Any audit undertaken on behalf of City to determine any overdue amount(s) shall be in addition to
audits allowed and shall be at the cost of Licensee. Extra expense of audit due to inaccurate or
inadequate recordkeeping shall be at the cost of the Licensee.
3.5 No Partnership Formed City is not, and shall not in any way or for any purpose become, an
agent, partner or joint venturer of Licensee in its business or otherwise.
3.6 Taxes
(a) Taxes on Licensee's Personal Property. Licensee shall pay, before delinquency, all taxes,
assessments, license fees and other charges that are levied and assessed on Licensee's personal
property, major maintenance performed by Licensee and/or Licensee's trade fixtures.
3.7 Late Charge Licensee hereby acknowledges that late payment by Licensee to City of any
License Fee or other sum payable by Licensee pursuant to this Agreement will cause City to incur
costs not contemplated by this Agreement, the exact amount of which would be extremely difficult
and impracticable to ascertain. Such costs include, without limitation, processing and accounting Z 70
charges, personnel costs and late charges which may be imposed on City by the terms of any
indebtedness secured by the Licensed Property. Accordingly, if City does not receive any License
Fee or any other sum owed by Licensee on or before the fifth (5 day following its due date,
Licensee shall pay to City a late charge equal to ten percent (10 %) of any such overdue amount.
The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs
City will incur by reason of late payment by Licensee. Acceptance of such late charge by City
shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor
prevent City from exercising any of its other rights and remedies.
11
3.8 Interest In addition to the late charges provided in Section 3.$, any License Fee or sum due
hereunder not paid within 10 days after City has sent notice to Licensee, shall bear interest from
the eleventh day at the rate of fourteen percent (14 %) per annum, or the applicable maximum legal
rate of interest, if any, whichever rate is lower, until paid.
4. REPAIR AND MAINTENANCE; CAPITAL MAINTENANCE FUND
4.1 Routine Repair and Maintenance Licensee shall, at its own cost and expense, conduct the
routine maintenance and repair necessary to maintain the Licensed Property and the Facilities in
good condition and repair during the Term. Such routine maintenance and repair shall include,
without limitation, cleaning and painting (under $300) of the Licensed Property and the Facilities,
repair and replacement of minor parts and components, and routine landscaping, such as trimming,
watering and weeding, on the Licensed Property.
4.2 Liens; Non - Responsibility
(a) Licensee shall not suffer or permit any mechanics', materiahnen's or other liens to be filed
against the Licensed Property and/or the facilities.
(b) Non - Responsibility. Nothing in this License Agreement shall be deemed in any way to
constitute the consent of City, express or implied to the performance of any labor or the furnishing
of any materials for any improvement, alteration, repair or replacement of the building and
improvements on the Licensed Property by any contractor, subcontractor, laborer or materialman,
nor as giving Licensee any right, power or authority to contract for, on City's behalf, the rendering
of any services or the furnishing of any materials.
43 Initial Build Out. The City is responsible for the initial build out of the Kiosk in a manner that
reasonably meets the requirements of the Licensee.
5. SIGNS AND ADVERTISING
5.1 Cit 's Approval of Signs. Licensee, at Licensee's sole cost and expense, may install and
maintain on the exterior of the buildings located on the Licensed Property or at other location(s)
within the Bayfront Park, only those sign(s) of the type, color, type, size and location approved in
writing by City, in City's sole discretion.
5.2 Other Advertising Devices. Licensee shall not permit or cause to be used at the Licensed
Property or elsewhere in Bayfront Park any advertising device such as phonographs, radios, public
address systems, sound production or reproduction devices, excessively bright lights, changing,
flashing, flickering or moving lights or any similar devices, which shall be visible from outside the
building(s) located on the Licensed Property without City's prior written approval, which may be
withheld in City's sole discretion.
5.3 Removal of Si s. If, at any time or from time to time, City shall object to any item or sign
displayed by Licensee on the Licensed Property, City shall notify Licensee and Licensee shall, at
its own expense, immediately remove the sign or item to which City objects. If Licensee fails to
remove such objectionable item(s) from the Licensed Property, City shall have the right, but not
the obligation, to enter the Licensed Property to remove and store or otherwise dispose of such
objectionable item(s) at Licensee's expense.
5.4 Advertising. During the Term of this Agreement, Licensee shall have the right to use the name
`Bayfront Park' in advertising its business, only as such business is conducted at the Licensed
Property; provided, however, that Licensee shall not acquire any right to or interest in any name or
distinctive designation which is, or may become, identified with the Licensed Property or the
Bayfront Park. Licensee's right to use the name of the Bayfront Park shall terminate upon the
expiration or termination of this Agreement. City shall have the right to change the name of the
Bayfront Park at any time and from time to time, at City's sole discretion.
6. UTILITIES
In return for part of the consideration, City will provide Licensee water, wastewater, gas,
electricity and the same lighting, heating, cooling and ventilation as generally provided at the
Kiosk located in Bayfront Park. Licensee shall provide its own telephone and cable /satellite
television service. City makes no representation or warranty as to the availability of any such
utilities or services at the Licensed Property.
7. INDEMNIFICATION
Licensee shall indemnify and hold harmless City, its officers,
employees, or agents ( "Indemnitees ") from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses and
judgments recovered from or asserted against City on account of injury
or damage to person or property to the extent the damage or injury
may be incident to, arise out of or be caused, either proximately or
remotely, wholly or in part, by an act or omission, negligence or
misconduct on the part of Licensee or any of its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees entering
upon the Premises or any Improvements thereon pursuant to this
Agreement with the expressed or implied invitation or permission of
Licensee (collectively "Licensee's Invitees "I or when any the injury
damage is the result, proximate or remote, of the violation by Licem
I"
or Licensee'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 Licensee or Licensee's Invitees.
Licensee covenants and agrees that in case City shall be made a party
to any claim or litigation against Licensee or in any claim or litigation
commenced by any party, Licensee shall defend City, with counsel
satisfactory to City, upon receipt of notice regarding commencement of
the claim or litigation.
S. INSURANCE.
The Licensee must obtain and maintain the minim insurance listed in Request for Proposal
Number BI- 0011 -11 for the period of the Agreement at its own expense and use an insurance
company or companies acceptable to the Contract Administrator and must furnish the Contract
Administrator with a Certificate of Insurance evidencing that such insurance is in effect. The
Certificate must specify parties who are additional 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 30 days prior written notice to the Contract
Administrator. A copy of all insurance policies will be provided to the Contract Administrator
upon his/her written request.
9. DESTRUCTION
In the event of destruction, loss or damage by fire or other casualty of any improvements or
fixtures on the Premises, which in the reasonable opinion of City cannot be repaired or restored in
ninety (90) days, City may terminate this Agreement, by written notice, effective the date of such
loss. In the event of such termination, insurance proceeds shall be used to demolish and clear the
damaged improvements and the balance thereof shall be retained by Licensee if such damaged
improvement was installed by Licensee. In the event of such destruction, loss or damage, and this
Agreement is not terminated under this paragraph, any buildings, improvements, or fixtures
constructed by Licensee shall be replaced by Licensee at Licensee's sole cost and expense or, if
appropriate, for purposes of Licensee and satisfactory to City, other facilities may be substituted
for such facilities.
10. ASSIGNMENT AND SUBLETTING
Licensee shall neither assign, sublease or otherwise convey any interest in this Agreement or
arising hereunder to any person or persons, entity or entities whatsoever, without the prior written
consent of City. Any attempt to assign or sublet premises other than group reservations provided
herein, without such prior written consent, shall be void.
11. WAIVER OF CLAIMS
Licensee hereby waives any claim against City, its officers, directors, agents or employees for
damage or loss caused in connection with, or as a result of, any suit or proceeding directly or
indirectly attacking the validity of this Agreement or any part thereof, or as a result of any
judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or
delaying the same or any part thereof from being carried out.
12. WAIVER OF CONTRACT TERMS
No waiver by either party at any time of any of the terms, conditions or covenants of this
Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term,
condition or covenant herein contained, nor of the strict and prompt performance thereof. No
delay, failure or omission of City to re-enter the premises or to exercise any right, power, privilege
or option.arising from any default, nor any subsequent acceptance of rent then or thereafter
accrued shall impair any such right, power, privilege or option or be construed as a waiver of any
such default or a relinquishment of any right or acquiescence therein. No notice to the Licensee
shall be required to restore or revive time as of the essence after the waiver by the City of any
default. No option, right, power, remedy or privilege of City shall be construed as being exhausted
by the exercise thereof in one or more instances. The rights, powers, options and remedies given to
the City by this Agreement shall be deemed cumulative.
13. MODIFICATION OF AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual
consent, agree to modifications thereof or additions thereto in writing which are not forbidden by
law. City shall have the right to grant reasonable extensions of time to Licensee for any purpose or
for the performance of any obligation of Licensee hereunder.
14. NON- DISCRIMINATION
The Licensee and Licensee's members shall not discriminate because of sex, race, color, age,
religion, ancestry or national origin against any person by refusing to furnish such person any
accommodation, facility, service or privilege offered to or enjoyed by the general public, nor shall
the Licensee or Licensees' employees or members publicize the accommodations, facilities,
services or privileges in any manner that would directly or inferentially reflect upon or question the
acceptability of the patronage of any person because of sex, race, color, religion, disability, age,
ancestry or national origin.
In the performance of this contract, the Licensee will not discriminate against any because of sex,
race, color, religion, disability, age, ancestry or national origin. Licensee will ensure that members
are recruited and treated without regard to their sex, race, color, religion, disability, age, ancestry
or national origin.
15. NOTICES
Any notices required or permitted to be given under this Agreement shall be by certified mail and
addressed to respective parties at their addresses indicated below. Such addresses may be changed
from time to time by notice in writing to either parry.
If to City:
Michael Morris
Director of Parks & Recreation
Parks & Recreation Department
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
If to Licensee:
Name:Amarillo Sports Services d/b /a Game Time Food & Beverage
Title:Brian Klassman
Address:355 W Dundee Rd
City:Buffalo Grove
State:Ilmois
Zip:60089
16. COMMUNICATION
The Licensee shall direct all communications to the City regarding matters to the City's Parks &
Recreation Department Director, Michael Morris.
17. TERMINATION FOR CAUSE
The City Manager may terminate this Agreement for Licensee's failure to perform the services
specified in this Agreement. Licensee's failure to keep all insurance policies in force for the entire
term of this Agreement is grounds for termination. The Contract Administrator must give
Licensee written notice of same and provide Licensee a reasonable opportunity to cure. If
Licensee has not cured within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
18. TERMINATION WITHOUT CAUSE
The City may terminate this Agreement, without cause, upon 20 days written notice to Licensee.
However, City may terminate this Agreement on 24 -hours written notice to Licensee for failure to
pay or provide proof of payment of taxes as set out herein.
19. ATTORNEYS' FEES
Should either parry bring any legal action or proceeding for the breach of any term, covenant or
condition of this Agreement, the Court shall award reasonable attorneys' fees to one or more of the
parties therein based upon the degree to which each party prevails in such action or proceeding, as
determined by the Court.
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20. ADVICE OF COUNSEL
Each party hereto has been provided full opportunity for review of this Agreement by legal
counsel. Therefore, no presumption or rule that ambiguity shall be construed against the drafting
party shall apply to the interpretation or enforcement of this Agreement.
21. ENTIRE AGREEMENT
This instrument contains the entire Agreement of the parties relating to the rights granted and
obligations assumed and supersedes all prior written and oral discussions.
IN WITNESS WHEREOF, the parties hereto have affixed their signature.
CITY OF C RP S STI / LICENSEE
f r
By:
Mich el Barrera
Title: Assistant Director of Financial Services
Date:
APPROVED AS TO FORM
CkRLO§ ALD , City Attorney
By: Brian Narvaez
Assistant City Attorney
Title:
Date: ( ' /
� AU! IlUhidw-
1R
SECWA;
Incorporated by reference, for all purposes:
Exhibit A: Request for Proposal No.: BI- 0011 -11
Exhibit B: Proposer's Proposal
Exhibit C: List of Equipment provided by the City of
Corpus Christi and whose title shall remain
with the City
Exhibit D: List of Equipment provided by Licensee