HomeMy WebLinkAboutResolution - 285 - Agreement - Civic Lubbock - Concession Sales, Auditorium/Coliseum & LMCC - 10/11/1979I
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RFC M ITTT OW
RESOLUTION No. 285 - 10/11/79
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between
the City of Lubbock and Civic Lubbock, Inc., attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 11th
ATTEST:
day of October ,1979.
WEST, MAYOR
Evelyn Gaf ga, City Secre ry-Treasurer
APPROVED AS TO CONTENT:
LawrenA Banks
Administrative Assistant, Community Facilities
APPROVED AS TO FORM:
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Leon G. Bean, Assistant City Attorney
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/ RE: RESOLUTION No. 285 - 10/11/79
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AGREEMENT
THIS AGREEMENT made and entered into this 11th day of October
1979, by and between the City of Lubbock, Texas, a home rule municipal corpora-
tion hereinafter referred to as "City", and Civic Lubbock, Inc., a non-profit
corporation hereinafter referred to as "Civic Lubbock", both of Lubbock County,
Texas;
WITNESSETH:
I. CONCESSIONS
THAT the City hereby grants to Civic Lubbock a license for all food,
beverage and other concession sales at the Lubbock Municipal Auditorium/Col-
iseum and the Lubbock Memorial Civic Center, and for the use of the concession
facilities located therein.
THAT the consideration for such license shall be Cl) that Civic Lubbock
shall pay quarterly to the City 5% of thegross concession sales, the first
payment to be due January 2, 1980, and C2) Civic Lubbock shall promote the
cultural, educational and entertainment welfare for the City of Lubbock and
surrounding area.
THAT all operational expense associated with concession sales, including
the salaries of part-time staff shall bethe responsibility of Civic Lubbock,
and that the daily operation of the concession areas, including the staffing
thereof, shall be the responsibility of the City.
IT. BOARD MEETINGS
THAT the City hereby grants to Civic Lubbock a license for the use of the
facilities at the Lubbock Municipal Auditorium/Coliseum and the Lubbock Memo-
rial Civic Center for board meetings and other Board Functions of Civic Lubbock,
the location for such board meetings or functions to be mutually agreed upon
by the Director of the Lubbock Memorial Civic Center and the President of the
Civic Lubbock Board.
THAT such license shall bear no consideration.
III. BUILDING RENTALS
THAT whenever Civic Lubbock sponsors or co-sponsors an event in the Lub-
bock Municipal Auditorium/Coliseum or Lubbock Memorial Civic Center, Civic
Lubbock shall pay within 30 days to the City the conventional rental rates
applicable to non-profit events as set forth in the rental rates schedule in
effect at that time for that portion of the facilities used for that event,
plus any amounts attributable to special services and equipment charges.
IV. DONATIONS
THAT Civic Lubbock shall not donate or contribute any cash monies directly
or indirectly to any group or individual, charitable or otherwise.
THAT Civic Lubbock may, as part of sponsoring or co -sponsoring an event,
donate or contribute part or all of the building to be used and any special
services and equipment, by paying to the City the building rental and special
services and equipment charges therefor.
V. FINANCES
Upon completion of Civic Lubbock's annual audit and effective September 30th
of each year, Civic Lubbock's accumulated monies shall be allocated in the
order following:
(1) Civic Lubbock shall first pay the City the amount of $20,000.00 less
amounts already paid as building rental fees and concession percentage
consideration.
(2) Civic Lubbock shall then retain not more than $100,000 as a reserve
fund for the continuation of its chartered powers during the next
fiscal year plus any amounts needed to cover any outstanding indebtedness
of Civic Lubbock.
(3) Civic Lubbock shall pay any remaining monies to the City.
At the City's option, Civic Lubbock may be authorized to make on behalf
of the City of Lubbock, capital expenditures for improvements to the Auditorium/
Coliseum or the Lubbock Memorial Civic Center for purposes of promoting the
cultural and educational welfare of the City of Lubbock throughout the year
from said remaining monies, subject to existing policies and procedures
applicable to the making of City purchases.
VI. TERMS
THAT the sections numbered I through IV shall be divisible and separate
in application.
THAT this agreement and the licenses therein shall continue in force and
effect until revoked or amended by the City upon twelve months written notice
to Civic Lubbock or by mutual agreement of both parties.
THAT the foregoing agreement is hereby identified by both parties as
being a written statement confirming the previously unwritten agreement concerning
such matters between the City and Civic Lubbock.
ATTEST:
City Secr ary=Trea. u
APP II.AS CONTENT:
i etor of Community Facilities
APPROVED AS TO FORM:
Assistant City Attorney
CITY F LUBBOCK
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BY:
WEST, MAYOR
CIVIC LUBBOCK, INC.
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ATTEST:
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