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HomeMy WebLinkAboutResolution - 2827 - Contract - Refreshments Vending & Food Service - Swimming Pool Concession Rights - 04_28_1988II Resolution #2827 April 28, 1988 I Item 40 ! HW:js RESOLUTION 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 Contract by and between the City of Lubbock and Refreshments Vending & Food Service for Swimming Pool Concession Rights, 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 28th day of April , 1988. C. McMINK, MAYOR ATTEST: , City APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: 1�/� arold Willard, Assistant City Attorney Resolution #2827 HW:da THE STATE OF TEXAS § COUNTY OF LUBBOCK § CONCESSION AGREEMENT FOR CLAPP AND MAXEY SWIMMING POOLS This Agreement made and entered into this 28th day of April , 1988, by and between Refreshments Vending and Food Service, hereinafter referred to as "Concessionaire," and the City of Lubbock, Texas, a Home Rule Municipal Corporation hereinafter referred to as "City." WITNESSETH: Whereas, City desires to grant its concession rights for the sale of swimming pool accessories and refreshments at the Maxey Swimming Pool located at 30th and Nashville and at K. N. Clapp Swimming Pool located at 46th and Avenue U, both of said pools being situated in the City of Lubbock, Texas; and Whereas, Concessionaire desires to be Grantee of such concession rights; NOW THEREFORE, City and Concessionaire hereby agree that City shall grant to Concessionaire the concession rights for the sale of swimming pool accessories and refreshments at the Maxey and K. N. Clapp pools, subject to the following terms and conditions: I. Consideration. Concessionaire shall pay to City, as consideration, 30.2 percent of its gross sales from such concession operation for each month of swimming pool operation during the agreement term. Payment is due and payable to the City of Lubbock at the office of the Director of Parks and Recreation of the City on the loth of the month immediately following each month the swimming pools are in operation. Such payments shall be accompanied by sales reports for those same months of operation. II. Agreement Term. This Agreement shall commence May 1, 1988, and terminate September 30, 1990. III. Conditions. This Agreement is further conditioned on the following: 1. City will furnish water & electricity in the concession stands. 2. If vending machines are used, the City reserves the right to approve their location. 3. Concessionaire shall furnish at its own expense any extra electrical outlets or waterlines which it needs for its operations. 4. City reserves the right to approve any and all improvements, additions and building alterations, and Concessionaire agrees to secure the prior written approval of the Director of Parks and Recreation of the City for all such improvements, additions and alterations. Any such improvements, additions and alterations so approved will be made at the sole expense of Concessionaire and shall become the property of City upon installation free and clear of any and all encumbrances. 5. No bottle drinks will be permitted --either from vending machines or over-the-counter concessions --and all glass container items are prohibited. 6. All foods served will be either pre -packaged or prepared at the concession site and wrapped. 7. Neither chewing gum nor tobacco products may be sold. 8. The Concessionaire will be responsible for monitoring the quality of all items, removing and replacing out- dated products and stocking regularly. 9. The Concessionaire binds and obligates itself to investigate and comply with all rules and regulations of the City of Lubbock Parks and Recreation Board, and all ordinances of the City of Lubbock and laws of the State of Texas; and any violation by Concessionaire of the rules of the Parks and Recreation Board of the City of Lubbock or any Municipal Ordinance or State law shall be grounds for cancellation of this Concession Agreement by City. 10. The Concessionaire binds and obligates itself to operate its over-the-counter concessions in accordance with the same schedule as the swimming pools (which at the present time is 1:00 p.m. to 8:00 p.m., seven days per week, but is subject to change). The Concession- aire will be given the option of operating during after -hour private reservations at the pools. City may close pools during adverse weather conditions or for occasional repairs, and Concessionaire will not be expected to operate at these times; nor will the City be held responsible for lost revenues due to a pool's closing for any length of time. 11. Concessionaire binds and obligates itself to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made, or come against City by any person or persons by reason of negligent act by Concessionaire or any of its agents, servants or employees in or about said pool premises, or any contractual obligation of Concessionaire. 12. This Concession Agreement is not transferable. 13. The City of Lubbock reserves the right to approve the type of items for sale by Concessionaire. 14. The Concessionaire must at all times keep its machines in excellent working condition and its concessions well -stocked. 15. The City reserves the right to review and inspect the Concessionaire's bookkeeping and other records and also to enter and inspect the concession stands and any premises under the control of Concessionaire pursuant to the rights herein granted. 16. The City reserves the right to cancel this Agreement if Concessionaire fails to fulfill its obligations under any of the conditions herein stated. 17. Any notice to be given in regard to any term or obligation hereunder shall be deemed to have been properly delivered if mailed by certified mail, return - 2 - receipt requested to City, Attention: Director of Parks and Recreation, P.O. Box 2000, Lubbock, Texas 79457; or to Refreshments Vending and Food Service, Attention: Ronnie Horrell, 505 E. 50th Street, Lubbock, Texas 79404. Witness our signatures this 27th day of April , 1988. CITY OF LUBBOCK B. C. McMINN, MAYOR C�TTE T' Rane�te Boyd, Cit�Se retary APPRO AS TO CONTENT: Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: Mar old #Wl lard,QssistElant City Attorney REFRESHMENTS VENDING AND FOOD SERVICE 505 E. 50th Street Lubbock Texas 79404 nn BY : h'i t.v.r.tZ &%,z Q X RONNIE HORRELL, GENERAL MANAGER ATTEST: Secretary of Refreshments Vending and Food Service - 3 -