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HomeMy WebLinkAboutResolution - 1700 - Agreement - Bob Jordan Amusement Company Inc - Game Machine Concession, LIA - 06_14_1984MG:da RFSnI IITTnN RESOLUTION 1700 - 6/14/84 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 a Concession Agreement with Bob Jordan Amusement Company, Inc. for a game machine concession at the Lubbock International Airport, 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 14th day o ATTEST: Evelyn Gaff , City Sec t r reasurer APPROVED AS TO CONTENT: arvin Coffee, Directo ' of Aviation APPROVED AS TO FORM: Richele Glisar, Assistant City Attorney f June , 1984. /�& 52 — AL9K HENRY, MAYGR RESOLUTION 1700 - 6114184 5 c�rbCTtPY-TREASURER THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § CONCESSION AGREEMENT t This Agreement entered into by the City of Lubbock (referred to herein as City), a Home Rule Municipality of Lubbock County, Texas and Bob Jordan Amusement Co., Inc. 3512 Avenue Q Lubbock, Texas 79412 referred to herein as Concessionaire WITNESSETH: Whereas, City owns, controls and operates the Lubbock International Airport (referred to as Airport), situated at Route 3, Lubbock, Lubbock County, Texas, and possesses the power and authority to grant certain rights and privileges with respect thereto, including those hereinafter set forth; and Whereas, City desires to enter into a game machine conces- sion agreement with Bob Jordan Amusement Co., Inc. covering an eighteen 18 month period beginning July 1, 1984 and continuing until December 31, 1985 ; and Whereas, Concessionaire desires to make said game machine services available at the Airport and is qualified and has the capacity to provide such services. NOW THEREFORE THIS AGREEMENT WITNESSETH: In consideration of the mutual covenants, promises and agreement herein contained, the said parties hereby covenant, promise and agree with each other as follows: 1. City does hereby grant Concessionaire the right to exhibit coin operated game machines in the Airport terminal. The number of machines shall not exceed six (6) and the location shall be determined by the Director of Aviation. The City grants such exclusive right for a term of eighteen (18) months beginning July 1, 1984 and continu- ing until December 31, 1985 In consideration, thereof, the Concessionaire promises and agrees to pay City fifty percent ( 50 A) of gross receipts from said game machines after reimbursement of all State and City occupational taxes paid by Concessionaire on such machines. 2. The game machines noise level shall be determined by the Director of Aviation. 3. The Concessionaire shall provide money change machine adequate to supply the necessary change to the public, and shall maintain such machines in good operating order. 4. The Concessionaire shall be responsible for obtaining and maintaining all necessary licenses and permits in accordance with all laws, ordinances and regulations, and for payment of any occupational taxes in accordance with all laws, ordinances and regulations. 5. A City's representative shall be present each time an individual cash box is opened, and all game machine revenue will be counted at the Airport Administration office every two weeks, with payment of the City's percentage as agreed upon in (1) above, made at the time of the money count. 6. Each machine shall have an operating meter that accurately counts each play, and each machine shall have a manufacturer's certificate properly attached. 7. No illegal game machines will be allowed. 8. All game machines shall be current and popular and shall be reviewed every ninety (90) days by the Director of Aviation for possible replacement by other machines. All machines shall be among the top ten (10) rated machines by Play Meters or another equivalent trade publications. 9. The Concessionaire shall repair and put back into operation within forty-eight (48) hours or replace with an equivalent new operating machine, any machine that malfunc- tions. The Concessionaire shall replace any machine that is out of service on a frequent basis. 10 Selection of individual machines shall be made by mutual agreement of the Concessionaire and the Director of Aviation. 11. The City may terminate this Agreement without forfeiture, waiver, or release of City's rights to any sum of money due or to become due under the provisions of this Agreement, by giving Concessionaire thirty (30) days advance written for the following reasons or upon or after the happening of any one of the following events: - 2 - a. The administration of this Agreement becomes an undue demand. b. Public demand. C. The filing by Concessionaire of a voluntary petition in bankruptcy. d. The adjudication of the Concessionaire as a bankrupt. e. The default by the Concessionaire in any of its obligations under this Agreement and the failure of the Concessionaire to remedy such default for a period of thirty (30) days after receipt of written notice from City to remedy same. 12. The failure of the City or the Director of Aviation to insist in any one or more instances upon performance of any of the terms or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such terms or conditions by the Conces- sionaire and the obligations with respect to such future performance shall continue in full force and effect. 13. The privileges contained herein are personal, and the Concessionaire agrees that it will not assign the same without the express consent of the City in writing. 14. Concessionaire, its agents and employees will not discriminate against any person or class of persons by reason of age, race, color, sex, creed or national origin in providing any services or in the use of any of its facili- ties provided for the public, in any manner prohibited by Part 15 of the Federal Aviation Regulations. The Conces- sionaire, further agrees to comply with such enforcement procedures as the United States might demand that the City take in order to comply with the Sponsor's Assurances. Concessionaire agrees not to discriminate against any employee or applicant for employment because of age, race, color, sex, creed or national origin. The Concessionaire agrees to take affirmative action to insure that applicants are employed, and that employees are tested during employ- ment without regard to their age, sex, race, color, creed or national oriqin. Such action shall include, but not be limited to, employment, upgrading, demotion, transfer, recruitment layoff, rates of pay or other forms of com- pensation and selection for training, including apprentice- ship. MJIE 15. The City shall stand indemnified by tha'-Conces- sionaire as provided by this Contract. Thegdr,&essionaire shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions and that the City shall in no way be responsible thereof. In the use of the Airport generally or specifi- cally in the exercise or enjoyment of the privileges granted by this Contract, the Concessionaire shall indemnify and save harmless the City from any and all losses that may proximately result to the City because of any fault or negligence on the part of the Concessionaire, its agents or employees or invitees and shall indemnify the City against any and all claims, demands, suits, judgments and losses whatsoever. 16. The Concessionaire shall maintain at all times, at its sole expense, insurance with an insurance underwriter acceptable to the City and from one authorized to do business in the State of Texas, against claims of public liability and property damage resulting from Concession- aire's business activities at the Airport. EXECUTED on this 14th day of June 1984. CITY OF LUBBOM /i / CONCESSIONAIRE A TEST: " Evelyn Ga fga City Secretary-Treasur APPROVED AS TO CONTENT: IL av_f�_ Ma vin Coffe Director of Aviation APPROVED AS TO FORM: Michele Glisar Assistant City Attorney - 4 - Bob Jordan Amusement Co. Inc. BY: TITLE: DATE: drd� 8S�