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HomeMy WebLinkAboutResolution - 5288 - Agreement - Civic Lubbock Inc - License Alcoholic Beverage Sales Etc, LMA/C - 09/26/1996RESOLUTION NO.5288 September 26, 1996 Item #11 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 an Agreement, attached herewith, by and between the City of Lubbock and Civic Lubbock, Inc., and any associated documents, which Agreement 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 y61,.h day of September _, 1996. ALEX "TYU COOKE MAYOR PRO TEMPORE ATTEST: .ddlyn�A1 amus, Managing Director of Culture & Leisure Services APPROVED AS TO FORM: D& Ald G. Vandiver, First City Attorney DGV:da/ccdocs/civiclbk.res September 17, 1996 AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK § RESOLUTION NO. 5288 September 26, 1996 Item #11 This Agreement is entered into on this 26 day of September , 1996 , by and between the City of Lubbock, a Texas home rule municipal corporation (hereinafter called "City") and Civic Lubbock, Inc., a Texas non-profit corporation (hereinafter called "Corporation"). WITNESSETH: WHEREAS, the City and the Corporation did heretofore on the 27th day of July, 1995, enter into an Agreement wherein City granted to Corporation a license for the use of the Auditorium/Coliseum and the Lubbock Memorial Civic Center; and WHEREAS, it is the desire of the City and the Corporation to enter into a new Agreement establishing the relationship between the City and the Corporation; NOW THEREFORE: BE IT RESOLVED BY THE CITY AND THE CORPORATION AS FOLLOWS: 1. This Agreement supersedes and takes the place of the Agreement entered into by and between the City and the Corporation on the 27th day of July, 1995, and any and all prior agreements between the City and the Corporation; and upon execution this Agreement shall establish and govern the relationship between the City and the Corporation. 2. The City hereby grants to the Corporation a license for all alcoholic and other related beverage sales (all hereinafter called "Concessions") in, at or upon the grounds of the Lubbock Municipal Auditorium/Coliseum, the Lubbock Memorial Civic Center. This Agreement may be extended to other designated City facilities as determined by mutual agreement of the City and the Corporation. 3. The Corporation agrees that for an in consideration of such license, the Corporation shall pay to the City twenty percent (20%) of the gross concession sales at the Municipal Auditorium/Coliseum, the Lubbock Civic Center, and any other designated municipal facilities during the term of this Agreement. The twenty percent (20%) of gross concession sales shall be paid by the Corporation to the City on a quarterly basis with the first such payment being due on the 10th day of January, 1996, and a similar payment on the same date of each succeeding quarter during the term of this Agreement. 4. As additional consideration for this license, the Corporation agrees to pay all operational expenses associated with such concession rights or sales, including, but not limited to, all salaries of full or part time staff employees engaged in such sales. Routine maintenance of all concession areas included in this license shall not be considered an operational expense and shall be borne by the City at no cost to the Corporation. In addition, City agrees to employ such full-time staff as may be necessary and appropriate to assist the Corporation in carrying out the duties and responsibilities of the concessions and accounting functions of the Corporation. Such salaries and benefits of such employees shall be reimbursed to the City by the Corporation on a quarterly basis. 5. The Corporation agrees to conduct an annual audit of is book of accounts each year during the term of this Agreement. The audit shall be completed no later than the 30th day of December, 1996, and upon the same date of each succeeding year that this Agreement remains in effect between the parties hereto. The City shall be furnished with a copy of the Corporation's annual audit. The City at its own expense reserves the right to have the City's internal auditors conduct an audit upon the book of accounts of the Corporation at any time during regular business hours of the City deemed appropriate by the City during the term of this Agreement and the Corporation agrees to make its book of accounts and related records available to the City for such purpose upon request. 6. If the audit presented by the Corporation to the City identifies a cash fund balance, after payment of the total considerations hereinabove mentioned and excluding all expenses incurred or encumbered, the Corporation is hereby authorized to retain such fund balance as follows: a) The first fifty thousand dollars ($50,000) of such cash fund balance will be retained by the Corporation as a reserve fund for performance of its obligations and duties herein set forth and for future equipment needs. b) Any fund balance remaining after the contribution to a reserve account as mentioned above is satisfied shall be place in a reserve to fund activities relative to the purposes of the Corporation as stated in its Charter. 7. The Corporation hereby agrees to prepare and submit to the City during the month of July during each year of this Agreement a budget for the upcoming fiscal year beginning October 1 of each year. The Corporation shall prepare this budget on forms satisfactory to the City and shall present this budget to the City Council each year for comment. 8. The Corporation agrees to use its best efforts to foster and promote cultural and educational programs in and around the facilities hereinabove mentioned which will add to the quality of life of the citizens of the City of Lubbock in accordance with the Corporation's Charter. The primary emphasis will include, but not be limited to, public art programs in the Civic Center district. 0 9. In consideration of the Corporation's services to be rendered pursuant to this Agreement, the City does hereby grant the Corporation the right to use any and all of the above mentioned or agreed upon City facilities for its business meetings and other corporate functions. The Corporation, however, will be required to schedule such meetings or functions at times that are mutually agreeable to both the City and the Corporation. 10. The Corporation agrees, that for the purposes of cooperation in divesting itself of the food concession and ticketing operations and transferring those functions to the City of Lubbock, all equipment currently owned by the Corporation that is used for operation of the food concession and ticketing operations will be leased to the City for one dollar ($1.00) per year and other good and valuable consideration with such amount to be paid upon final execution of this Agreement by all parties and upon the anniversary of such execution each year thereafter. The City agrees to maintain said equipment and to replace such equipment when it's useful life expectancy has been reached. Any equipment replaced by the City shall be the property of the City. The Corporation shall retain the right to utilize such equipment, if necessary, when it is not being used by the City. In addition, the Corporation agrees to sell its current consumable inventory associated with such operations to the City on an "as used" basis at a total cost not to exceed fifteen thousand dollars ($15,000.00). 11. The term of this Agreement shall be from the date first above written until such time as this Agreement shall be terminated by mutual agreement of the parties, or, upon ninety (90) days prior written notice, by the City unilaterally. 12. In the event that the City cancels this Agreement unilaterally upon ninety (90) days prior written notice, then in such event, the Corporation shall nevertheless be authorized to undertake and fulfill all existing obligations and contracts necessary and essential for the orderly conclusion of the Corporation's business. However, the Corporation shall not undertake any new contracts or commitments after receipt of the unilateral cancellation notice above mentioned. The Corporation further agrees to cooperate with the City to ensure an orderly transition of all services and facilities hereinabove stated. CIV UO -A A T: r Secretary CITY OF L B CK - ALEX "TY" C OKE, MAYOR PRO TEMPORE ATTEST: City Secretary 3 ddcon/Ulcon.doc rev. September 16, 1996 TO CONTENT: �Aliamus, Managing Director of & Leisure Services APPROVED AS TO FORM: -rJ,r� ald G. Vandiver, lrst Assistant City �' y Attorney 4