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e e II. The Concessionaire and his employees shall operate the fishing pier concession in Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange or assignment of rights under this Agreement, either in whole or in part, without the prior written approval of the City Council of the City of La Porte. III. As consideration for this concession, the Concessionaire shall pay, without demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross user fees collected for the use of the pier. Gross User fee is defined as the total gate receipts less any federal, state, and/or local taxes. The concession fee will be due and payable on or before the 10th day of each month for the preceding month's activity. The Concessionaire agrees to maintain documentation, on forms to be developed and provided by the City and adhere to guidelines established by the City, of daily use and payments received. The Concessionaire agrees to furnish to the City any and all reports which City may require covering all receipts and income of the concession, and agrees that her books and other records may be examined by the City or City Auditor or any other officer of the City at any reasonable time. The Concessionaire agrees to keep and maintain said records and books in La Porte. The Concessionaire may, on a daily basis, report and deposit with the City all admission revenues generated by the pier operation. The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant to this agreement on a monthly basis. IV. The Concessionaire shall operate and manage the fishing pier. Admission rates will be set through negotiation with the City and shall be reasonable and equal to those charged by concessionaires in comparable facilities. The Concessionaire agrees to conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates, and prices at all times in a conspicuous place on the premises. V. During the term of this Agreement, Concessionaire's and City's obligations hereunder, in addition to others specified herein, shall be as follows: (a) The Concessionaire will abide by all applicable federal, state, and municipal laws, ordinances, rules and regulations. Concessionaire must obtain, at her own expense, all licenses and permits required for the operation of said fishing pier and make the same accessible at all times to city, county, state, and federal officers. Concessionaire agrees to pay all federal and state permit and lease C:\WP50\ClP\PIER_6,AGR Concession Agreement, page 2 of 9