HomeMy WebLinkAboutResolution - 4500 - Concession Agreement - DMR Company - Concession Services, City Swimming Pools - 05_26_1994Resolution No. 4500
May 26, 1994
Item #11B
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 Concession Agreement and all related
documents by and between the City of Lubbock and DMR Company of Lubbock, Texas to
furnish concession services at the City of Lubbock swimming pools_ attached herewith_ which
shall be spread upon the minutes of the Council
shall constitute and be a part of this Resolution a,
Passed by the City Council this 26th d,
ATTEST:
B tty WJohnson,00ty Secretary
APPROVED AS TO CONTENT:
V
Victor Kilmanj Purchasing Manager
APPROVED AS TO FORM:
,F
Attorney
DGV jsOMRCOK"S
ccdomMay 18, 1994
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CONCESSION AGREEMENT FOR
CITY OF LUBBOCK SWIMMING POOLS
This agreement made and entered into this 2 6 t h day of May , by and
between _ DMR COMPANY , hereinafter rened to as "Concessionaire" and the City
of Lubbock, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City";
WITNESSETH:
That 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.
That 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, 2 2 percent of its net sales
from such CONCESSION operation for each month swimming pool operation
during the agreement terms. Payment is due and payable to the City of Lubbock at
the office of the Director of the Parks and Recreation Department on the 1 Oth of
each month immediately following any month the swimming pools are in
operation. Such payments shall be accompanied by sales report for the preceding
month.
1!
Agreement Term This Agreement shall be for one (1) year from the date of execution of the
Agreement. However if it may be renewed by mutual agreement of the parties expressed in
writing for up to three (3) additional one (1) year terms.
Conditions. Clapp and Maxey Pools:
City will furnish water and 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 improvements, additions, or 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, addition,
or alterations. Any such improvements, additions, or alterations. Any such
improvements, additions or 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. Sale of Chewing Gum will not permitted.
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 regulation of the City of Lubbock and laws of the State of Texas, and
that a violation of the rules of the Park and Recreation Board of the City of
Lubbock or any Municipal Ordinance or State law shall be grounds for City to
notify Concessionaire to remove its equipment from building or premises, and this
Concession Agreement with the City shall terminate upon receipt of such notice.
10. The Concessionaire binds and obligates itself to operate its over-the-counter
concession on and according to the same schedule as the swimming pool is
operated which is at the present time 1:00 p. m. to 8:00 p. m., seven days per week,
which are subject to change. The Concessionaire will not be expected to operate
at these times, nor will the City be held responsible for lost revenues due to pool's
closing for any length of time.
IV.
General:
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 Concessionaire's activities
on the pool premises, or any contractual obligation of Concessionaire.
2. The Concession and is not transferable.
3. The City of Lubbock reserves the right to approve the type of items for sale.
4. The Concessionaire must at all times keep its machines or concession well stocked
and in excellent working condition.
5. The City reserves the right to check or have checked the Concessionaire's books
and also to enter and inspect the concession stands and any premises under the
control of Concessionaire pursuant to the rights herein granted.
CONCESSION AGREEMENT/SWAAAf M POOLS
PAGE 2
6. The City reserves the right to terminate this Agreement if Concessionaire fails to
fulfill its obligations under any one of the conditions herein stated.
7. Any notice to begin in regard to any term or obligation hereunder shall be deemed
to have been properly delivered if mailed by certified mail, return receipt requested
to City, Attention of Director of Parks and Recreation, PO Box 2000, Lubbock,
Texas 79457; and to
pMR COMPANY Concessionaire.
Witness our signatures this 2 6 T x day of MAY , 1994.
ATTEST:
CONCESSIONAIRE:
DMR COMPANY
ATTEST:
�-
Betty 191.'Johnioh, Secretary
City Secretary
TO CONTENT:
Culture & Leisure
APPROVED AS TO FORM:
nald G. Vandiver,
First Assistant City Attorney
DGV-dPAC"-D"
Al.auo.noc
Mai 19,199/
CONCESSION AGREEMENr/SVJB&vIII1G POOLS
PAGE 3