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HomeMy WebLinkAboutResolution - 032367B - Lease Contract Agreement - B&M Vending Co - Multiple Locations - 03_23_1967KJ:j kb R.'F..gOT .TTTT()N THAT the Mayor of the City of Lubbock BE and is hereby authorized id directed to execute for and on behalf of the City of Lubbock a Lease- :)ntract Agreement to B & M Vending Company, attached herewith which call be spread upon the minutes of the Council and as spread upon the inutes of this Council shall constitute and be a part of this Resolution as fully copied herewith in detail. sed by the City Council this 23rd day of March , 1967. ecretary-Trea surer , Jr., THE STATE OF TEXAS I I LEASE -CONTRACT AGREEMENT COUNTY OF LUBBOCK ! THIS Lease and Agreement by and between the City of Lubbock, a Municipal Corporation, Lubbock County, Texas, hereinafter called Lessor, and B & M Vending Company, Inc, j 616 28th Street, Lubbock, Texas, hereinafter called Lessee: WITNESSETH Lessor, for and in consideration of the rental terms and covenants set forth below has and by these presents does demise, lease and let and contract with Lessee the concession rights on the premises situated in the County of Lubbock, State of Texas, described as follows: 1. Mae Simmons swimming pool-24th Street and Webber Street. 2. MacKenzie swimming pool- MacKenzie State Park. 9. Rogers swimming pool- Amherst and Gary Avenue. 4. Maxey swimming pool-SOth Street and Nashville Street. 5. K. N. Clapp swimming pool- 46th Street and Avenue "Lin. Intending to lease and let try this instrument only that portion of the park and swimming pool areaswhich is used for the operation of the concession stand. TO HAVE AND TO HOLD, use and enjoy that portion of the building and premises during the full term of this lease and Lessor covenants that Lessee shall .enjoy quiet, peaceable, and uninterrupted possession thereof during such term, subject however, to the following terms, covenants and agreements, to wit: 1. The term of this Lease shall begin as of April 1, 1967, and extend for a period of five (5) years from this date to terminate on March 31, 1922. 2. As rental for said premises and as consideration for the concession rights at said swimming pools, Lessee agrees and obligates itself to pay to Lessor an amount equal to 28. 5% of the "ss sales made by Lessee on the leased premises under this Lease -Contract Agreement. Such sum shall be paid to Lessor by Lessee on or before the 10th day of each month and such paymer shall be based upon the gross receipts from such operation during* the preceding month. Payment shall be made by Lessee to Lessor in its office in the park and recreation department, City Hall, Lubbock Lubbock County, Texas. S. It is agreed that all the provisions hereof are to be construed as covenants and agreements just as though the provisions of each separate paragraph hereof were stated as covenants and agreements. 4. Lessee may use the leased premises only for the operation of the concession rights in the buildings herein described. Such concession shall include the right to sell merchandise consistent with the operation of concession rights in public parks and shall include all types of swimming poll accessories, the rental of swimming suits; towels and refreshments. B. Vending machines will be used exclusively at Mae Simmons pool, MacKenzie swimming pool, and Rogers swimming pool. Counter sales and/or vending sales maybe used at K. N. Clapp swimming pool and Maxey swimming pool. Carbonated drinks, such as, but not limited to, Coca-Cola, Or. Pepper, and related flavors, shall be available for sale in either counter sales or vending machines in all locations. Vending machines, when used, shall be serviced regularly and kept in working order at all times. When, in the R. opinion of Lessor, vending machines are not satisfactory, counter sales most be substituted. �_ 6. All refreshments, including soft drinks, candy, and ice cream will be sold to all patrons at popular prices established in the City of Lubbock and shall not exceed 10 cents for soft drinks and .10 cents for each bar of candy or ice cream (package or cone). The only exception to such prices shall be in the,event a commodity has ,been packaged with a different price printed on the package, then the printed price may prevail or prices may be expressly authorised by Lessor. 7. Lessee hereby agrees and.obitgates itself to operate the concession stands herein on the same schedule as the swimming pool where the concession to located. This schedule shall apply as to the hours to remain open as well as the number of days the concession stand is to be 'in operation. S. The following sales, 4t:ts, or activities, among. others, shall be prohibited on said leased premises: 1. The sale of, or permitting the use of, any alcoholic beverages. 2. The sale of, or the use of, any gambling device. S. The sale of, or the use of, any commodity or amusement equipment which is morally degrading. 4. The placing of amusement equipment outside of said lease building. 5. Permitting dancing within or outside of said building. 6. The sale of, or use of, any fireworks. 7. The sale of chewing gum or the sale of soft drinks in bottles. 8. Lessee binds and obligates itself to comply with all the rules and regulations of the City of Lubbock, Park and Recreation Commission, the State Park Board, and all ordinances of the City of Lubbock and laws of the State of Texas. Any violation of any of the above shall, upon demand of Lessor, constitute grounds for immediate removal by Lessee of all his equipment and property from the leased premises and grounds for cancellation of this agreement. 10. Lessor wQl pay for water and electric service to such leased premise bVt Lessee shall assume and pay for any other utiltUes used or contracted for an such premises. 11� Lessee shall install vending machines or amusement machines only at locations approved by Lessor prior to the installation of such machines. Repair work or alterations, such as removal of petitions, walls, or the installation of water lines or electrical conduits shall be at the sole expense of the Lessee and shall be undertaken only with the prior consent of Lessor. Upon termination or cancellation of this agreement, the leased premises must be restored to a condition as good as that upon execution of this agreement. Such restoration shall be at the expense of Lessee and must meet the approval of Lessor. 12. This lease and agreement ,shall inure to the benefit of and be binding upon the assigns, successors, heirs and legal representatives of the parties respectively and such agreement shall not be assigned by Lessee without the express consent of Lessor. 13. Lessee shall keep the leased premises and the grounds within a distance of 25' surrounding said premises in a clean and sanitary manner. free from all papaers, cups sticks, an all other trash at all times. All trash and garbage shall be collected, placed in approved recepticles and removed from the park at Lessee's expense. 14. Lessee shall not nail, bolt, or fasten in any manner tomaid building any advertisements or display signs and shall only erect signs or advertisements within the building in the locations and manner approved by Lessor. 15. Lessee agrees, binds, and obligates itself to indemnify and forever hold harmless Lessor against each and every claim, demand or cause of action that may be made or come against it by any person or persons by reason of or in any way arise out of any Nury to any person or persons or through any negligent act on the part of Lessee or any of its agents, any servants or employees in or about the said premises. 16. The violation of or any failure to meet any of the agreements, covenants or obligations stated herein, shall upon the option of Lessor, be grounds for cancellation of the lease -contract agreement. Lessor shall give notice in writing of such cancellation and demand possession and shall have the right to re -lease the premises herein for the remainder of the lease term and Lessor shall not be required to respond in damages to Lessee for any reason. 17. Lessee ohall keep and maintain books and records in a good accounting manner, which shall be acceptable to Lessor, to assure com- plete accounting for all receipts and Lessor retains the right at all reasonable times, to inspect the leased premises and shall have the further right, by an authorized representative, to inspect the books and records of Lessee in regard to this agreement. 18. In the event the leased premises or any part hereof are totally destroyed or partially destroyed by fire, flood, storm, or inevitable acci- dent and rendered unfit for use by Lessee, then Lessor shall have the right either to rebuild or repair or then .to terminate this lease. The damage or destruction of any one of the concession stands shall not affect the rights and obligations arising hereunder as to the Temaining concession stands. 19. Lessee shall have the right upon termination of this lease to enter the leased premises and remove any equipment, fixtures, and per- sonal property placed therin only after approval of Lessor that all repairs and restorations necessary under this agreement have been made. 20. Lessee covenants that it or its successors or assigns shall and will at the expiration of said term peaceably yield up to said Lessor the above described premises in as good order and condtim in all respects, reasonable wear and use therof excepted, as the same are now. Executed this 23 jay of MAR ,1967. cI7 BY Lavenia Lowe, City Se retary B.6 BY t Secretary THE 6TATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County. Te-me, on WE day pa rsamlly appeared V1. D. ROGERS. JR., known to me to toe the pare on whoze name 0 subscribed to the foregoing instrument and ackuowledged to mae that he executed the same as the act and deed of the CITY OF LU13BOCK and as IMAYOR, forithe purposes and consideration therein expressed, and in the capacity therein stated. GIYEDT UNDER MY HAND AND SEAL OF OFFICE, this day of (SEALJ Notery Public, LubbockCoanty, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the understgned authority, a Notary Public in and for said County, Texas, on thid day personally appeared W� . President of B & hf Vending Company, Inc., a corporation, latown to me to be the person whoa name is subscribed to the foregoing instrument andd aelmowlected to me that he executed the same as the act andd deed of the B & M Mending Company, hsc., a corporation, for the purposes and consideration. therein expressed and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE, this day,,o , 1667. CSEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS i i LEASE -CONTRACT AGREEMENT COUNTY OF LUBBOCK i THIS Lease and Agreement by and between the City of Lubbock, a Municipal Corporation, Lubbock County, Texas, hereinafter called Lessor, and B & M Vending Company, Inc, ; 616 28th Street, Lubbock, Texas, hereinafter called Lessee: WITNESSETH Lessor, for and in consideration of the rental terms and covenants set forth below has and by these presents does demise, lease and let and contract with Lessee the concession rights on the premises situated in the County of Lubbock, State of Texas, described as follows: 1. Mae Simmons swimming pool-24th Street and Webber Street. 2. MacKenzie swimming pool- MacKenzie State Park. 3. Rogers swimming pool —Amherst and Gary Avenue, 4. Maxey swimming pool-30th Street and Nashville Street. 5, K. N. Clapp swimming pool- 46th Street and Avenue #purr. Intending to lease and let by this instrument only that portion of the park and swimming pool arms which is used for the operation of the concession stand. TO HAVE AND TO HOLD, use and enjoy that portion of the building and premises during the full term of this lease and Lessor covenants that Lessee shall enjoy quiet, peaceable, and uninterrupted possession thereof during such term, subject however, to the following terms, covenants and agreements, to -wit: 1. The term of this Lease shall begin as of April 1, 1967, and extend for a period of five (5) years from thi s date to terminate on March 31, 1972. 2. As rental for said premises and as consideration for the concession rights at said swimming pools, Lessee agrees and obligates itself to pay to Lessor an amount equal to 28.50/6 of the gross sales made by Lessee on the leased premises under this Lease -Contract Agreement. Such sum shall be paid to Lessor by Lessee on or before the 10th day of each month and such paymen shall be based upon the gross receipts from such operation during the preceding month. Payment shall be made by Lessee to Lessor in its office in the park and recreation department, City Hall, Lubbock, Lubbock County, Texas. 3. It is agreed that all the provisions hereof are to be construed as covenants and agreements just as though the provisions of each separate paragraph hereof were stated as covenants and agreements. 4. Lessee may use the leased premises only for the operation of the concession rights in the buildings herein described. Such concession shall include the right to sell merchandise consistent with the operation of concession rights in public parks and shall include all types of swimming pod accessories, the rental of swimming suits, towels and refreshments. 5. Vending machines will be used exclusively at Mae Simmons pool, MacKenzie swimming pool, and Rogers swimming pool. Counter sales and/or vending sales may be used at K. N. Clapp swimming pool and Maxey swimming pool. Carbonated drinks, such as, but not limited to, Coca-Cola, Dr. Pepper, and related flavors, shall be available for sale in either counter sales or vending machines in all locations. Vending machines, when used, shall be serviced regularly and kept in working order at all times. When, in the - . opinion of Lessor, vending machines are not satisfactory, counter sales must be substituted. r. 6. All refreshments, including soft drinks, candy, and ice cream will be sold to all patrons at popular prices established in the City of Lubbock and shall not exceed 10 cents for soft drinks and 10 cents for each bar of candy or ice cream (package or cone). The only exception to such prices shall be in the event a commodity has been packaged with a different price printed on the package, then the printed price may prevail or prices may be expressly authorized by Lessor. 7. Lessee hereby agrees and obligates itself to operate the concession stands herein on the same schedule as the swimming pool where the concession is located. This schedule shall apply as to the hours to remain open as well as the number of days the concession stand is to be in operation. 8. The following sales, acts, or activities, among others, shall be prohibited on said leased premises: 1. The sale of, or permitting the use of, any alcoholic beverages. 2. The sale of, or the use of, any gambling device. 3. The sale of, or the use of, any commodity or amusement equipment which is morally degrading. 4. The placing of amusement equipment outside of said lease building. 5. Permitting dancing within or outside of said building. 6. The sale of, or use of, any fireworks. 7. The sale of chewing gum or the sale of soft drinks in bottles. 9. Lessee binds and obligates itself to comply with all the rules and regulations of the City of Lubbock, Park and Recreation Commission, the State Park Board, and all ordinances of the City of Lubbock and laws of the State of Texas. Any violation of any of the above shall, upon demand of Lessor, constitute grounds for immediate removal by Lessee of all his equipment and property from the leased premises and grounds for cancellation of this agreement. 10. Lessor will pay for water and electric service to such leased premise but Lessee shall assume and pay for any other utilities used or contracted for on such premises. 11. Lessee shall install vending machines or amusement machines only at locations approved by Lessor prior to the installation of such machines. Repair work or alterations, such as removal of petitions, walls, or the installation of water lines or electrical conduits shall be at the sole expense of the Lessee and shall be undertaken only with the prior consent of Lessor. Upon termination or cancellation of this agreement, the leased premises must be restored to a condition as good as that upon execution of this agreement. Such restoration shall be at the expense of Lessee and must meet the approval of Lessor. 12. This lease and agreement shall inure to the benefit of and be binding upon the assigns, successors, heirs and legal representatives of the parties respectively and such agreement shall not be assigned by Lessee without the express consent of Lessor. 13. Lessee shall keep the leased premises and the grounds within a distance of 252 surrounding said premises in a clean and sanitary manner, free from all papers, cups sticks, an all other trash at all times. All trash and garbage shall be collected, placed in approved recepticles and removed from the park at Lesseets expense. 14. Lessee shall not nail, bolt, or fasten in any manner to, -said building any advertisements or display signs and shall only erect signs or advertisements within the building in the locations and manner approved by Lessor. 15. Lessee agress, binds, and obligates itself to indemnify and forever hold harmless Lessor against each and every,claim,demand or cause of action that may be made or come against it by any person or persons by reason of or in any way arise out of any injury to any person or persons or through any negligent act on the part of Lessee or any of its agents, any servants or employees in or about the said premises. 16. The violation of or any failure to meet any of the agreements, covenants or obligations stated herein, shall upon the option of Lessor, be grounds for cancellation of the lease -contract agreement. Lessor shall give notice in writing of such cancellation and demand possession and shall have the right to re -lease the premises herein for the remainder of the lease term and Lessor shall not be required to respond in damages to Lessee for any reason. 17. Lessee shall keep and maintain books and records in a good accounting manner, which shall be acceptable to Lessor, to assure com- plete accounting for all receipts and Lessor retains the right at all reasonable times, to inspect the leased premises and shall have the further right, by an authorized representative, to inspect the books and records of Lessee in regard to this agreement. 18. In the event the leased premises or any part hereof are totally destroyed or partially destroyed by fire, flood, storm, or inevitable acci- dent and rendered unfit for use by Lessee, then Lessor shall have the right either to rebuild or repair or then to terminate this lease. The damage or destruction of any one of the concession stands shall not affect the rights and obligations arising hereunder as to the remaining concession stands. 19. Lessee shall have the right upon termination of this lease to enter the leased premises and remove any equipment, fixtures, and per- sonal property placed therin only after approval of Lessor that all repairs and restorations necessary under this agreement have been made. 20. Lessee covenants that it or its successors or assigns shall and will at the expiration of said term peaceably yield up to said Lessor the above described premises in as good order and condition in all respects, reasonable wear and use therof excepted, as the same are now. Executed this 2 rd day of March 019 67. CIT'- BYL IA La'venia Lowe, pity Secretary (� ' B & M VENDING q(IMPANY, INC. BY: Secretary a �r THE STATE OF TEXAS j COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W; D ; ROGERS, JR ,!, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for:the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2:srd day of March 1967. (SEAL) Notary 7blic, Lubbock County,'Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Eugene Roberts , President of B & M Vending Company, Inc., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the B & M Vending Company, Inc., a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this P3rd day of March , 1967. (SEAL) Notary Pric, Lubbock County, Texas SJtjkb RESOLUTION THAT the Mayor of the Ctty of Lubbock BE and to hereby authorized and directed to evecute for and on behalf of the City of Lubbock a Lease- . Contract Agreement to B & M Vending Company, attached herewith which shall be spread upon the minutes of the Councfl and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herewith in detail. ilacGn+S 1— 4 Uft f"4— *hji 7 Z 04— -? MAD 109t4 APPROVED: Fred O. 5enter, Jr.. City Attorney