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<br />e <br /> <br />RFP # 0042 <br /> <br />e <br /> <br />In further and full consideration of the exclusive concession lease, granted by the City by <br />and under said Offerer, the subscriber agrees to pay to the City of La Porte, after first de- <br />ducting from gross receipts any Federal, State, Municipal or other governmental body <br />taxes, import, duty or fee which shall constitute a direct charge or imposition on sales, <br />(but not including ad valorem taxes, and taxes based on income or employee wages, and <br />like taxes), the percentages which the subscriber shall set forth in his offer, upon the <br />aforementioned gross sales. It is understood that reports of gross sales shall be made <br />monthly with said reports made to the City of La Porte. All payments shall be made <br />monthly, payable to the City of La Porte and delivered to the Director of Finance, or his <br />designee, of the City of La Porte. <br /> <br />Concessionaire agrees to pay the City a monthly rate not less than or greater than the fol- <br />lowing: <br /> <br />~ percentage of gross sales of food and beverages, and any and all other items sold <br />. by Concessionaire at Little Cedar Bayou Park Wave Pool. <br /> <br />Further, as part of its bid, Concessionaire agrees to charge to the public the retail prices, <br />exclusive of any sales tax, as shown on Exhibit "Price List" attached hereto, incorporated <br />by reference herein, and made a part hereof for all purposes. <br /> <br />The following is the full name and address of the person, firm or corporation interested <br />in this proposal: <br />NAME ADDRESS <br /> <br />~~ #b, tfk~ III~ Ilk <br /> <br />(State of Corporation) <br /> <br />(If not a corporation, state the form of business, whether proprietorship, partnership, or <br />otherwise, and give names of all partners and their addresses.) <br /> <br />Also attached hereto and made a part hereof is Concessionaire's Statement of Qualifica- <br />tion under Paragraph 5 of Instructions to Offerer. <br /> <br />SPECIAL CONDITIONS AND SPECIFICATIONS <br /> <br />1. EXECUTION OF CONTRACT: The Contract shall be signed and returned by the suc- <br />cessful offeror, together with the contract bond and certificates of insurance within ten <br />(10) days, not including Sundays, after the offeror has received notice that the contract <br />has been awarded. No proposal shall be considered binding upon the City until execu- <br />tion of the contract. <br /> <br />Failure to execute a contract and file an acceptable bond, as provided herein, within (10) <br />days, not including Sundays, after the offeror has received notice that the contract has <br />been awarded, shall be just cause for the cancellation of the award and forfeiture of bid <br />bond surety. <br /> <br />2. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise <br />dispose of the contract, or any part thereof, to any person, partnership, company or cor- <br />poration without prior written consent of the City of La Porte. <br /> <br />3. LAWS AND ORDINANCES: The contractor shall procure all permits and licenses, pay <br />all charges and fees necessary and incidental to the due and lawful conduct of the ser- <br />vices. He shall keep himself fully informed of all existing and future National, State and <br />Local laws, ordinances and regulations which in any manner affect the fulfillment of the <br />contract and comply with same. <br />