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Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange <br />or assignment of rights under this Agreement, either in whole or in part, without the prior <br />written approval of the City Council of the City of La Porte. <br />III. <br />As consideration for this concession, the Concessionaire shall pay, without <br />demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross <br />user fees collected for the use of the pier. Gross User fee is defined as the total gate <br />receipts less any federal, state, and/or local taxes. The concession fee will be due and <br />payable on or before the 10th day of each month for the preceding month's activity. The <br />Concessionaire agrees to maintain documentation, on forms to be developed and <br />provided by the City and adhere to guidelines established by the City, of daily use and <br />payments received. The Concessionaire agrees to furnish to the City any and all reports <br />which City may require covering all receipts and income of the concession, and agrees <br />that her books and other records may be examined by the City or City Auditor or any other <br />officer of the City at any reasonable time. The Concessionaire agrees to keep and <br />maintain said records and books in La Porte. The Concessionaire may, on a daily basis, <br />report and deposit with the City all admission revenues generated by the pier operation. <br />The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant <br />to this agreement on a monthly basis. <br />IV. <br />The Concessionaire shall operate and manage the fishing pier. Admission rates <br />will be set through negotiation with the City and shall be reasonable and equal to those <br />charged by concessionaires in comparable facilities. The Concessionaire agrees to <br />conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates, <br />and prices at all times in a conspicuous place on the premises. <br />V. <br />During the term of this Agreement, Concessionaire's and City's obligations <br />hereunder, in addition to others specified herein, shall be as follows: <br />(a)The Concessionaire will abide by all applicable federal, state, and <br />municipal laws, ordinances, rules and regulations. Concessionaire <br />must obtain, at her own expense, all licenses and permits required <br />for the operation of said fishing pier and make the same accessible <br />at all times to city, county, state, and federal officers. Concessionaire <br />agrees to pay all federal and state permit and lease fees. The City <br />agrees to pay required state permit and lease fees from the <br />Concessionaire's share of collected receipts according to the <br />following formula: <br />Deleted: 0710 <br />Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 2of 9 <br /> <br />