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HomeMy WebLinkAboutO-1993-1919 Or-'- . . ORDINANCE NO. 93-1919 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT WITH KEVIN O'BRIEN, DOING BUSINESS AS GALVESTON CONCESSIONS & CATERING, FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF LA PORTE BAY FOREST GOLF COURSE; MAI<ING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof. has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . - ORDINANCE NO. '93-1919 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~~th day of July, 1993. CITY OF LA PORTE By: !fenntbl~~ 'Norman L. Malone, Mayor ATTEST: ~~ Sue Lenes, City Secretary Knox City . e /) /l..ij , r.;.j- .v'f/- 3DI''! \. LEASE THE STATE OF TEXAS COUNTY OF HARRIS { { { KNOW ALL MEN BY THESE PRESENTS: THAT THIS LEASE AGREEMENT made and entered into by and between CITY OF LA PORTE, a municipal corporation of Harris County, Texas, (hereinafter called "Lessor") and KEVIN O'BRIEN, a sole proprietorship, (hereinafter called "Lessee"); WIT N E SSE T H: I. PREMISES Upon and subject to the following terms, provisions and conditions which the parties hereto covenant to observe, keep and perform, Lessor hereby leases, lets and demises unto Lessee and Lessee hereby hires and takes from Lessor those certain improvements in their present existing condition and state of repair composed of the food service portion of the City of La Porte's Bay Forest Golf Course Club House at 201 Bay Forest Drive, La Porte, Harris County, Texas. Said improvements are more fully described on Exhibit "A" attached hereto and made a part hereof. The Club House is located on the city of La Porte Bay Forest Golf Course. II. TERM The term of this Lease shall commence on the 1st day of October, 1993, and shall terminate on the 30th day of september, 1996, with the option on the part of Lessor, with thirty (30) days prior written notice to Lessee, to extend this Lease for an additional twenty-four (24) month period, commencing October 1, 1996, and terminating september 30, 1998, subject to review and approval by Lessor. e \ e III. RENTAL The rental payable by Lessee to Lessor for and during the aforesaid lease term, and as the same may be extended by Lessor, shall be twenty percent (20%) of Lessee's "gross sales". (a) The term "gross sales" as used herein shall mean (subject to the exception and authorized deductions hereinafter set forth) the gross amount received by Lessee from all sales on or from the premises, both for cash and on credit, and in case of sales on credit, whether or not payment be actually made to Lessee therefor. (b) There is excepted from Lessee's gross sales (as said term is used herein) the amount of all sales tax receipts which Lessee is required to pay any government or governmental agency. (c) Les~ee agrees to maintain adequate books, payrolls and records satisfactory to Lessor in connection with all sales by Lessee on or from the premises and to retain all such books, payrolls and records pertaining to all such sales for a period of not less than two (2) years after the end of the calendar year in which the sale is made. Lessor and its duly a~thorized representatives shall have access at all reasonable times to the books, payrolls and records maintained by Lessee relating to any of such sales and shall have the right to audit such books, payrolls and records at any reasonable time or times. (d) All rental due hereunder shall be paid by Lessee to Lessor within ten (lO) days after the last day of the calendar month for which such rental is due, and Lessee shall accompany the payment with a statement from its records certified by Lessee and in sufficient detail that Lessor can determine the correctness of the payment. (e) The acceptance by Lessor of any money paid to it by Lessee -2- e e '. \ as rental hereunder as shown by any statement furnished by Lessee shall not be an admission of the accuracy of the statement or of the sufficiency of the amount of the rental. All rental payable hereunder shall be paid to Lessor at 604 West Fairmont Parkway, La Porte, Texas 77571, until Lessee is notified in writing of a different address. IV. TAXES/ASSESSMENTS The real property of Lessor is exempt from ad valorem taxation. Lessee shall be responsible for the payment of any personal property taxes on its leasehold improvements, furniture, fixtures, and equipment. Lessee agrees to pay all personal property taxes lawfully levied, assessed or imposed upon Lessee's operation. V. INSORANCE AND INDEMNIFICATION An "Indemnification Agreement" between Lessor and Lessee is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. VI. UTILITIES, MAINTENANCE & REPAIRS (a) utilities: Lessor will pay for water, natural gas, and a portion of electricity used in the leased premises. Lessee agrees to pay for telephone service to all phones listed in Lessee's name, and Two Hundred Dollars ($200.00) per month to Lessor, for Lessee's . portion of electricity. (b) Maintenance and Repairs: Lessor agrees to pay for all maintenance and repair on the following: air conditioning; landscaping; parking area; exterior structure, including roof and painting; and brick work. All repairs and upkeep of equipment owned by Lessor and used by Lessee save and except that stated above, -3- e e \ \ shall be the responsibility of Lessee. Lessee shall also be responsible for the maintenance of the vent hood installed by Lessor as part of the building. All other equipment in leased area owned by Lessee will be maintained by Lessee. Lessee will provide janitorial services and pest control to its premises sufficient to keep the premises in a neat, clean, sanitary and attractive condition. Lessee shall maintain a monthly pest control contract for the term of this Lease and any extensions hereof, and shall insure that proper pest control methods are used to eliminate all insects and rodents from the building. VII. USE Lessee will not commit any waste on the premises and will comply with all appli~able laws and ordinances respecting the use and occupancy thereof, provided that Lessee shall in no event be required to make any alterations, additions or improvements to the premises. Lessee shall use and occupy the premises for the sale of food and beverages; provided, however, that Lessee shall not use the premises for any purpose which may be hazardous to persons or property, or which may constitute a nuisance. VIII. INSPECTION Lessor may enter upon the premises at all reasonable times to inspect the condition thereof and for the purpose of repairing or improving the premises, but such right shall not be exercised in a manner to interfere unreasonable with the business of Lessee. IX. QUIET ENJOYMENT Unless Lessee shall breach any of the covenants herein imposed upon it, Lessee shall be entitled, subject to the provisions of this -4- e e \ agreement, to the enjoyment and peaceful possession of the premises \ during the term hereof. X. ALTERATIONS AND ADDITIONS Lessee may make, at its own cost and expense, alterations and additions to premises with written consent of Lessor first obtained. Such alterations or additions will become the property of Lessor unless otherwise agreed to in writing by Lessor and Lessee prior to installation. Lessee, at its election, may and at the request of Lessor will, remove all alterations and additions which remain Lessee's property at termination of-this agreement or any extension hereof, provided that in such removal, Lessee shall repair to the original condition any damage occasioned to the premises. XI. LIABILITY Lessor shall not be liable to Lessee or to Lessee's agents, employees, customers, licensees or invitees for any loss, injury, death or damage to persons or property caused by any act or omission or neglect of Lessee, its agents, employees, customers, licensees, guests or invitees, and Lessee agrees to indemnify and hold Lessor harmless from all claims for any such loss, injury, death or damage. Lessee shall not be liable to Lessor or Lessor's agents, employees, customers, licensees, guests or invitees for any loss, injury, death or damage to persons or property caused by any act, omission or neglect. of Lessor, its agents, employees, invitees and licensees, and Lessor agrees to hold Lessee harmless from all claims for any such loss, injury, death or damage. Lessee agrees to pay Lessor for any and all damages to the premises and all appurtenances thereto or the property of Lessor therein or thereon caused by Lessee, its agents, employees, licensees or invitees. -5- \ e e \ XII~ SIGNS - LESSEE'S All signs proposed to be placed on or within the premises shall be subject to the approval of Lessor and shall be compatible with established sign design. Signs will be reviewed on an individual basis as to whether lighting is required. If required, all signs must be backlighted, internally illuminated or flood-lighted. No neon or scintillating lights shall be permitted. XIII. QUALITY OF SERVICE Lessee agrees to provide limited food and beverage service which will include but not be limited to the service listed on Exhibit "C" attached hereto and made a part hereof to all customers of the city of La Porte Bay Forest Golf Course, their quests and invitees, on an uninterrupted basis, to open each day when the pro shop opens, and close each day one hour after the pro shop closes. Price, size, and content of all that is sold will be approved by the Golf Course Manager. Initial prices shall be shown on Exhibit "c" attached hereto. All drinks must be served either in aluminum containers, or in plastic or paper cups. Lessee may add, delete or make price adjustments, from time to time, provided each item and price thereof is approved in writing by the Golf Course Manager. Unusual product cost adjustments may be made when justified to the satisfaction of the Golf Course Manager. Quality of .all products is to be of prime consideration in the operation of this lease agreement. The kitchen shall be thoroughly cleaned at the end of each day. All employees of Lessee shall be neatly attired as approved by the Golf Course Manager. A Concessions Manager, employed by Lessee, shall be provided during peak business hours to ensure proper -6- e e \ \ service is being provided to customers of Bay Forest Golf Course. All employees shall conduct themselves professionally both in appearance and actions to the satisfaction of the Golf Course Manager. Delivery of all supplies, goods, wares, merchandise and equipment shall be made at the service entrance of said premises, and an employee of Lessee shall be on hand during deliveries to receive materials. Placement, number, type and location of vending machines shall be made with prior approval of the Golf Course Manager. Lessee shall be allowed to perform catering services at the Golf Course, so long as such catering services do not interfere with operation of the golf course, nor with Lessee's responsibilities under this Agreement. Lessee, in consultation with the Golf Course Manager, shall be permitted to offer special volume discounts on tournaments and other special events at the Golf Course. Lessor will not permit Golf Course customers to engage outside caterers to operate at the Golf Course. Further, Lessor shall promulgate and enforce rules, that no food or beverage may be brought onto the Golf Course property by any person other than Lessee. Equipment to be furnished by Lessee shall be as shown on Exhibit "0" attached hereto. Furniture used both inside and outside the Club House shall be replaced by Lessee at least every two years, or upon recommendation by the Golf Course Manager. Where approval or direction of the City is required for items, prices or procedures not specifically covered herein, such approval or direction will normally be made by the Golf Course Manager. In the event that, during the term of this Lease or any -7- . \ extensions hereof, the City expands, enlarges, or otherwise modifies \ e e the Club House facilities, additional equipment, furniture, and services may be required. Terms of this agreement may be re- negotiated at the completion of these modifications. XIV. SUSPENSION OF THE AGREEMENT If at any time in the opinion of the Golf Course Manager the Lessee has failed to render services of proper quality, or has failed in any other respect to perform as specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the Lease, as directed by the Golf Course Manager, within the time specified in such notice, the Golf Course Manager shall have the power to suspend the operation of the contract. Upon such suspension the Lessee's control shall terminate and thereupon the City Council of the City of La Porte or its duly authorized representative may employ other parties to carry the contract to completion in such manner as the City council may deem proper; or the City Council may cancel the contract and re-let it. Any excess cost arising therefrom will be charged against the Lessee and his sureties, who will be liable therefore. In the event of such suspension and cancellation, all money due the Lessee or retained under terms of the contract shall be forfeited to the City of La Porte, but such forfeiture will not release the Lessee or his sureties from liability for failure to fulfill the contract. The Lessee and his sureties will be credited with the amount of money so forfeited toward any excess cost incurred arising from the suspension of the contract and the completion of it by the City of La Porte as above provided, and the Lessee will be credited with any surplus remaining after all just claims for such completion have -8- e e \ \ been paid. In determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension of annulment thereof, the decision of the City of La Porte's Golf Course Manager, with approval of the City Council, shall be binding upon all parties to the contract. xv. CANCELLATION The City Council, when in its judgment feels it will best serve its interest, may cancel the contract upon ninety (90) days written notice to Lessee. XVI. LAWS AND ORDINANCES The Lessee shall procure all permits and licenses, pay all charges and fees necessary and incidental to the due and lawful conduct of its business. He shall keep himself fully informed of all existing and future National, state and Local Laws, ordinances and regulations which in any manner affect the fulfillment of the contract and comply with same. Lessee shall obtain appropriate permits from the Texas Alcoholic Beverage Commission, and keep such license in good standing during the term of this Agreement. Failure to keep such permit in good standing will be cause for cancellation of this Agreement by Lessor. Lessee will be responsible for any and all additions and/or changes in equipment design and layout necessary to comply fully with local health and fire department regUlations. Additional electrical service, plumbing or drain lines shall be approved by the Golf Course Manager prior to planning installation, and approved by City Building Official. Actual installation shall be according to -9- e \ e \ all applicable state laws, regulations and ordinance of the City of La Porte. Lessee must also provide approved filters for any and all exhaust systems he may utilize or install. XVII. ASSIGNMENT/SUBLETTING It is expressly agreed that the premises covered by this Lease shall not be subleased, nor shall this Lease be assigned by Le~see, in whole or in part, without the prior written permission of Lessor. Lessor shall have the right to transfer or assign in whole or in part its rights under this Lease. XVIII. LANDLORD I S WAIVER Lessor will, upon request from Lessee, execute a landlord's waiver, to allow Lessee to obtain purchase money financing for its equipment and fixtures. XIX. DEFAULTS If Lessee shall be in default in the payment of any rent due hereunder or in the performance of any of the covenants for conditions hereof (whether same be expressly herein called an event of default or not), including, but without limitation, performance of the obligations in Paragraph XVIII above, and shall fail to correct and rectify any such default within thirty (3D) days from the receipt of written notice thereof from Lessor or shall fail within that space of time to commence correction of any default which cannot be corrected within thirty (3D) days by diligent effort, or if Lessee shall be adjudicated bankrupt or make any assignment or sublease of the premises except as permitted in Paragraph XVII above, or make any assignment for the benefit of creditors, or if the interest of Lessee herein shall be sold under -lD- e e \ execution of other legal process, Lessor may enter into said \ premises and have and repossess same as if this Agreement had not been made, and shall thereupon have the right to cancel this Agreement without prejudice to any other rights or remedies available to Lessor. xx. CONTRACT BOND A Business Service Bond covering every and all requirements of this Lease, in the amount of $5,000.00 shall be furnished concurrent with the execution of this Lease. In lieu of a bond, a negotiable certificate of Deposit from a bank in Harris County, Texas, or a Letter of Credit from a bank in Harris County, Texas, may be furnished. XXI . WAIVERS It is agreed that the waiving of any of the covenants of this Lease by either party shall be limited to the particular instance and shall not be deemed to waive any other breach of such covenants. XXII. ADDRESSES FOR NOTICES All notices given by either party hereto to the other under any of the provisions hereof shall be sent registered mail with adequate postage affixed, addressed as follows: LESSOR: 604 West Fairmont Parkway La Porte, Texas ,77571 Attention: City Manager LESSEE: Kevin O'Brien 13225 4 l/2 Street Santa Fe, Texas 77510 XXIII. GENERAL This Lease and all provisions hereof shall, subject to the -11- e e provisions hereof, be binding upon and inure to the benefit of the successors and assigns of each party hereto. Lessee represents that Lessee has dealt only with Lessor in connection with this Lease and that, insofar as Lessee knows, no broker negotiated this Agreement nor is entitled to any commission in connection therewith. Lessee hereby indemnifies and holds Lessor harmless for any and all claims, damages, costs and expenses including attorney's fees, in connection with any claim for a finder's or broker's fee or commission asserted by a party claiming to have acted as agent for or to have been engaged by Lessee. IN WITNESS WHEREOF, the parties hereto, expressly intending to be legally bound by all the terms and conditions hereof, have caused these presents to be executed in duplicate to be effective October 1, 1993. LESSOR: CITY OF LA PORTE By:Q~ T.~ ROBERT T. HERRERA City Manager LESSEE: 16.~ O.p:>~ KEVIN O'BRIEN -l2- e e \ STATE OF TEXAS { { COUNTY OF HARRIS ( ~ This instrument was acknowledged before me on the o<~ day of rr~~us1- , 1993, by ROBERT T. HERRERA, City Manager of the CITY OF LA PORTE, a Texas municipal corporation, on behalf of said corporation. k~'l%rfc.' ~ ~~ No~ary Pu 1C, S ate of Texas ,1!IlSliEt88....iI8l8iliiifiliil8 M . 1M' :.~*:'" CATHERINE A. DeARMOND ;e; * ;e: NOTARY PU8UC I '.,~ .: ,: STATE ~ TEXAS ....:i!..~. COMMISSION EXPIRES 0&-18-97 0000000000??oo00000000000000000ooo STATE OF TEXAS { { COUNTY OF HARRIS { This instrument was acknowledged before me on the ~~ day of !f(,(t:}u ~ , 1993, by KEVIN 0 I BRIEN. ,oo~~~~~oaoooooooooooooooeeeeleec~ ..~!!'!'~., CATHERINE A. DeARMONDI {e;'*.;e: NOTARY PUBUC .. .. ..: STATE OF TEXAS .'!ir'.#" COMMISSION EXPIRES 0&-18-97 0000000000??oo00000000000000000ooo -13- 'G!,1 1 1"1(;0:' .~ ' I,. ~. ~"lO~\.. 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'" ~1I1ClSC.. . ~.. r..t~l~rt:/ . i ~ ~ .' rx'-~.ta'1.~'t" .'. ! :~>- ~ QC~11 ~Hll " . . ~J.r :J~~rrl' ; ~ -r~. \ "--r I rSf~;iR'i~'ES'K I .- r ..,~," .IJ~ ~~~ ~ [ sLJ" e \ e \ STATE OF TEXAS { { COUNTY OF HARRIS { INDEMNIFICATION AGREEMENT THIS AGREEMENT, made this 1st day of October 1993, by the undersigned Contractor, (hereTnafter referred to as II Indemnitor II ) , in favor of the City of La Porte, a municipal corporation, and Harris County, Texas, and their respective legal representatives, landlords, agents, employees, officers, and directors, (herein collectively called the "Indemnitees"). In consideration 'of Indemnitees permitting the. Indemnitor or its agents, employees and representative (including subcontractors) to enter upon and to place, construct or service equipment or material upon premises owned or controlled by Indemnitees, and/or to use any equipment owned or controlled by Indemnitees, Indemnitor agrees as folloW's: 1.0 INDEMNITY. To the fullest extent permitted by applicable law, Indemnitor shall and does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte, a.municipal corporation, and Harris county, Texas, and their respective legal representa- tives, landlords, agents, employees, officers, and directors, (herei.n collectively called the "Indemnitees") from and against all claims, demands, damages, injuries, losses, liens, causes of action, suits, judgments, liabilities, costs, and expenses, including court costs and attorney I s fees,. of any nature, kind or description (including without limitation, claims for injuries to or death of any person, or damages to or loss of any property) of any person or entity (inclUding but not limited to employees, agents, and subcontractors of Indemnitor, and their dependents, and personal representa ti ves , or other third parties), directly or indirectly arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the presence or activity of Indemnitor, its employees, agents and representatives, (including subcontractors on Indemnitees premises, (b) the condition of the Indemnitees premises, the adjoining land, or any of the driveways, streets, or alleys used in connection with the services of Indemnitor, (c) the use of any equipment by Indemnitor on Indemnitees premises, whether belonging to Indemnitor, Indemnitees, or otherwise, or the condition of said equipment, or (d) any act or omission of Indemnitor, any subcontractor, any of their respective employees, agents, servants, officers, directors, partners, or anyone directly or indirectly employed by Indemnitor or any subcontractor, or anyone that either Indemnitor or any subcontractor controls or exercises control over (herein collectively called the "Liabilities"). THE OBLIGATIONS OF INDEMNITOR UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE. EXHIBIT liB II e , '. e Indemnitor shall promptly advise Indemnitees in writin9 of any action, adJninistrative or legal proceeding or investigat~on as to which this indemnification may apply, and Indemni tor, at Indemnitor's expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Indemniteesi provided, however, that Indemnitees shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. . In the event of failure by the Indemnitor to fully perform in accordance with this Indemnification Agreement, Indemn1tees, at its option, and without relieving Indemnitor of its obligations hereunder, may so perform, but all costs and expenses so incurred by Indemnitees in that event shall be reimbursed by Indemnitor to Indemnitees, together with interest in the same from the date any such expense was paid by Indemnitees until reimbursed by. Indemnitor, at the highest lawful rate of interest allowed under applicable usury laws of the State of Texas (or if no maximum rate is applicable, at the rate of ei9hteen percent (18%) per annum). This indemnification shall not be l~mited to damages, compensation or benefits payable under insurance policies, worker's compensation acts, disability benefit acts or other employees I benefit acts. It is agreed w1th respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Section 1.0, such legal limitations are made a part of the indemnification obligation and shall operate .to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. ~ INDEMNITOR'S INSURANCE. Indemnitor shall, at its sole cost and expense, maintain in effect at all times insurance coverages with limi ts not less than those set forth below in the Schedule of Insurance Coverages with insurance companies licensed to do business in the State of Texas (with a Best's rating of no less than A) and acceptable to Indemnitees and under forms of policies satisfactory to Indemnitees. All such policies shall be written on an occurrence (not claims made) basis. Coverage Schedule of Insurance Coveraqes Minimum Amounts and Limits ~ Worker'S Compensation Worker's compensation Employer'S "Liability Statutory Limits $500,000 . The policy shall include a Waiver of Subrogation in favor of the Indemnitees (as defined in section 1.0 of this Agreement). \ . e \ ~ commercial General Liabilitv Bodily Injury (Occurrence Basis) $1,000,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project. $lOO,OOO each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the project. This policy shall be on a form acceptable to Indemnitees, endorsed to include the Indemnitees as additional insureds, contain a Waiver of Subrogation in favor of the Indemnitees, and shall include the following coverages: Property Damage (Occurrence Basis) (1) (2) (3) (4) (5) (6) Premises/Operations Independent Contractors Liquor and Product Liability Broad Form Contractual Liability but not limited to, the indemnity Broad Form Property Damage . Personal Injury Liability with exclusions removed specifically in support of, provisions contained herein employee and contractual lQl comDrebensive Automobile Liability Bodily Injury Property Damage $500,000 combined single limit $500,000 combined single limit 2 .01 Indemnitor's Eaui'Pment Policy: Any such insurance policy covering Indemnitor's or its subcontractors' equipment against loss by physical damage shall include an endorsement waiving the insurer's right of subrogation against the Indemnitees. Such insurance shall be Indemnitor' sand its subcontractors' sole and complete means of recovery for any such loss. Should Indemnitor or its subcontractors choose to self insure this risk, it is expressly agreed that the Indemnitor and its subcontractors hereby waive any claim for damage or loss to said equipment in favor of the Indemnitees. 2 .02 Evidence of Insurance: Evidence of the insurance coverage required to be maintained by the Indemnitor under this Agreement, represented by Certificates of Insurance issued by the insurance carrier, must be furnished to the Indemni tees prior to Indemnitor commencing the Work. Such Certificates of Insurance shall specify the additional insu~ed status required by this Ag+eement, waivers of subrogation, that all broad form general liability coverages are provided and other requirements set forth in this Agreement, and shall state that the Indemnitees will be notified in writing thirty (30) days prior to the cancellation, change, reduction in coverage, or non-renewal of such insurance at Indemnitees' address set forth on the first page of the Agreement. Indemnitor shall provide to Indemnitees a certified copy of any and all applicable insurance .- . ~, policies upon request of Indemnitees". Renewal policies, if necessary, shall be delivered to Indemnitees at least ten (10) days prior to the expiration of the previous policy. None of the requirements contained herein as to types, limits or Indemnitees I approval of insurance coverage to be maintained by Indemnitor is intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Indemnitor under the Contract Documents or otherwise provided by law. In the event of any failure by Indemnitor to comply with the provisions of this Agreement, Indemnitees may, without in any way compromising or waiving any right or remedy at law or in equ1ty, on notice to Indemnitor, purchase such insurance, at Indemnitor's expense, provided that Indemnitees shall have no obligation to do so and if Indemnitees shall do so, Indemnitor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 2.03 Subcontractor's Insurance: Insurance similar to that required of Indemnitor shall be provided by all subcontractors (or provided by Indemnitor on behalf of subcontractors) to cover their operations performed under the Contract Documents. Indemnitor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. Indemni tor shall maintain Certificates of Insurance from all subcontractors, enumerating, among other things, the waivers in favor of, and insured status of, the Indemnitees, as required herein, and make them available to Indemni tees upon request. The term "subcontractor ( s)" for the purposes of this Agreement shall include subcontractors of any tier. 2 .04 Release and Waiver: Indemnitor hereby releases, and shall cause its subcontractors to release, Indemnitees and the other Indemnitees from any and all claims or causes of action whatsoever which Indemnitor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, includin~ the deductible portion thereof, maintained and/or required to be ma1ntained by Indemnitor and/or its subcontractors pursuant to the Contract Documents. Indemnitees hereby waives all claims against Indemnitor for damages caused by fire or other perils to the extent of the insurance proceeds which Indemnitees is entitled to retain from the policies described in this Agreement. 3.0 COMPLIANCE WITH LAWS. Indemnitor, in performing any labor or using any equipment of Indemnitees premises, as contemplated in this Agreement, will fully comply and ensure that its agents, employees, representatives and subcontractors conduct their activities on Indemnitees premises in a manner which will fully comply with all safety and health stan~ards established by any applicable federal, state or municipal statute, regulations or ordinance, including, without limitation, the federal Occupational Safety and Health Act, as amended. 4.0 COSTS. Should it become necessary for Indemnitees to incur any cost or expenses, whether direct or indirect, including, but not limited to, attorney's fees, investigator's fees, collection costs, \ or court costs, in connection with any. claim or demand for which indemnification is provided by this Agreement, or in connection with any attempt to recover losses incurred on such claims or demands, or in connection wi th the enforcement of this Agreement, Indemni tor agrees to fully reimburse Indemnitees for such costs and expenses. . e ~ SEVERAB:ILJ:'1'Y. Any provision, covenant or agreement contained in this Agreement which is found to be prohibited by law or void or unenforceable shall not invalidate the remainder of this Agreement. ~ TERM OF AGREEMENT. This Agreement shall remain in full force and effect contemporaneously with City of La Porte RFP # 0053, contract for food, beverage and concession items at the Bay Forest Golf Course, and any extensions thereof, and shall remain effective as to losses, liabilities and expenses, including claims therefor, arisin9 prior to the date of expiration of said contract, and any extens10ns thereof. . INDEMNITOR (Contractor) INDEMNITEES Kevin O'Brien (Name of company) By: ;~~ O-~~ Name: Kevin O'Brien Ti tle: Owner City of La Porte By: ~~ T ~ Ro ert T. Herrera City Manager Harris County, Texas . Food Items: Hamburgers * Cheeseburgers* Hot Dogs* Cold Sandwiches French Fries Chips Candy Breakfast PRICE LIST $ 2.85 2.95 1.80 2.95 1.50 .79 .79 2.00+ e '. 1/4 lb. l/4 lb. 1/8 lb. bacon, eggs, toast *please indicate meat weight before cooking Beverage Items Coffee Tea Soft Drinks 12 oz. Soft Drinks 16 oz. Beer Wine Mixed Drinks (bar) Mixed Drinks (call) Fruit Juice Additional Menu Items Sandwiches Chopped BBQ Beef BBQ Link Grilled Cheese Chicken Fried Steak Tuna Melt Chicken Nuggets Breakfast Burrito Breakfast Muffin $ .75 .79 .75 1.00 1.35 1.75 2.50 2.75 .79 $ 2.95 2.95 1.80 2.95 2.95 1.50 1.50 1.50 EXHIBIT "C" bacon, egg, cheese . e \ EQUIPMENT LIST Required Equipment Fryer Range (Grill) Three Compartment Sink Freezer Refrigerator Ice Machines (2) Hand Sink Stainless Steel Table{s) Sandwich Case Matching tables and chairs (inside) to accommodate a minimum of sixty (60) people Matching tables and chairs (outside) to accommodate a minimum of twenty-four (24) people optional Equipment Microwave Toaster popcorn Machine EXHIBIT "D"