HomeMy WebLinkAboutResolution - 2003-R0291 - Amendment To License Agreement - Civic Lubbock, Inc. - 07_24_2003Resolution No. 2003—RO29I
July 24, 2003
Item No. 40
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment to the License
Agreement executed on April 25, 2002, between the City of Lubbock and Civic Lubbock,
Inc., and any associated documents, a copy of which Amendment is attached hereto and
which shall be spread upon the minutes of this Council and as spread upon the minutes of
this Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 24th day of July '2003.
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Vic i Key, Civic es Director
VED AS TO FORM:
G.-VandXer, First Assistant City Attorney
DDres/UllicenseAmendRes
July 1, 2003
AMENDMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2003-R0291
July 24, 2003
Item No. 40
WHEREAS, the City of Lubbock ("City" hereinafter) and Civic Lubbock, Inc.
("Corporation" hereinafter) did heretofore on the 25th day of April, 2002, enter into a
License Agreement; and
WHEREAS, it is the desire of the City Council and the Corporation to amend said
Agreement between the City and the Corporation; NOW THEREFORE:
WITNESSETH:
SECTION 1. Subsections 3(a) and 3(b) of the License Agreement entered into on
April 25, 2002, by and between the City and the Corporation are hereby amended to read
as follows:
a) City a commission of zero percent (0%) of food and soft drink
adjusted gross sales at the Lubbock Memorial Civic Center and the
Lubbock Municipal Auditorium/Coliseum and other mutually
determined municipal facilities for the 2003-2004 fiscal year and
shall be five percent (5%) during the remainder of the term of this
Agreement. The food and soft drink concession sales commission
shall be paid by Corporation to City on a quarterly basis with the
first such payment being due on the 1 Oth day of July in each fiscal
year, and a similar payment on the 1 Oth day after each succeeding
quarter during the term of this Agreement.
b) City a commission of zero percent (0%) of alcoholic beverages
gross sales at the Lubbock Memorial Civic Center and the Lubbock
Municipal Auditorium/Coliseum and other mutually determined
municipal facilities for the 2003-2004 fiscal year and shall be
twenty percent (20%) during the remainder of the term of this
Agreement. In addition, Corporation shall pay an additional zero
percent (0%) of gross beer sales generated from hockey games in
the Lubbock Municipal Coliseum for the 2003-2004 fiscal year and
shall be thirty percent (30%) for the remainder of the term of this
Agreement. This commission on all alcoholic beverage sales shall
be paid to the City on a quarterly basis with the first such payment
being due on the 1 Oth day of July in each fiscal year and a similar
payment on the 201h day after each succeeding quarter during the
term of this Agreement.
SECTION 2. Sections 5 and 7 of the License Agreement entered into on April 25.
2002, by and between the City and the Corporation are hereby amended by adding to each
the following sentences.
This provision shall not be effective for the FY2003-4 fiscal year in order to
provide funding for the expansion of the Select -a -Seat operation. Total
salary/benefits reimbursement reductions provided in Sections 5 and 7 shall not
exceed a maximum of $290,000.
SECTION 3. Section 8 of the License Agreement entered into on April 25, 2002,
by and between the City and the Corporation is hereby amended to read as follows:
8. At the Corporation's expense, Corporation agrees to conduct an
annual audit of its book of accounts by an independent auditor and provide a copy
of the final audit to the City each year during the term of this Agreement. The
audit shall be completed no later than the 301h day of December of each year this
Agreement is in force. The copy shall be provided to the City within 60 days after
completion.
SECTION 4. Subsection 15(b) of the License Agreement entered into on April 25,
2002, by and between the City and the Corporation is hereby amended by deleting the last
two sentences of said Subsection (b) pertaining to reimbursement of Select -a -Seat profits
for FY 2002-03.
SECTION 5. All provisions of the said Agreement other than that herein amended
shall remain in full force and effect as originally written.
This Amendment to the April 25, 2002, License Agreement between the City and
the Corporation is executed this 24th day of July , 2003.
Civic Lubbock, Inc.:
City of Lubbock:
McDOUGAI/, MAYOR
ATTEST:
RAecca Garza, City Secretary
APPROVED AS TO CONTENT:
0
Vicki Key, Civic §erkiies Manager
APPROVED AS TO FORM
ald G. Vandiver,•
ddcon/CLIConAmend
July 11, 2003