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HomeMy WebLinkAboutResolution - 4754 - Concession Agreement - Lubbock Soccer Association - BHAC, Soccer League Games - 02/23/1995Resolution No. 4754 February 23, 1995 Item 411 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 with the Lubbock Soccer Association, attached hereto, 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 ATTEST: J . &,t,- A Betty 144. Johnson, City Secretary APPROVED AS TO FORM: arold Willard, Assistant City Attorney HW.js/CA-LSA.RES ccdocs/February 9, 1995 Resolution No. 4754 February 23, 1995 Item ill CONCESSION AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT is hereby made between the CITY OF LUBBOCK, TEXAS, a home rule municipality of Lubbock County, Texas, hereinafter called "City," and the LUBBOCK SOCCER ASSOCIATION, a private foundation under 26 U.S.C.S. §§501(c)(3) and 508(b), hereinafter called the "Concessionaire." WITNESSETH: For and in consideration of the terms, covenants and conditions herein contained, the City does herein grant to the Concessionaire the nonexclusive right and privilege of providing concessions to the public at the Berl Huffman Athletic Complex during soccer league games, tournaments and special events. I. In consideration for the rights and privileges herein granted, Concessionaire shall pay the City a fee of FIFTY AND NO/ 100 DOLLARS ($50.00) for each day that scheduled soccer league games are played and concessions are sold to the public by Concessionaire. As further consideration for this Agreement, Concessionaire shall pay the City a fee of ONE HUNDRED AND NO/ 100 ($100.00) for each day that soccer tournaments or special events are scheduled and concessions are sold to the public by Concessionaire, plus TWENTY-FIVE AND NO/100 DOLLARS ($25.00) per tournament or event for any vendor to whom the Concessionaire assigns concession rights under this Agreement. Concessionaire shall pay City the fees herein described for each month that concessions are sold by the tenth (10th) day of the following month and each such payment shall be accompanied by a statement which indicates the amount of gross sales for each day of the month during which concessions were sold. As used herein, the term "concessions" shall include, but not be limited to, hot dogs, soft drinks, candy, popcorn, nachos and snow cones. II. The term of this Agreement shall be for a period of one (1) year beginning on March 1, 1995, and ending on February 29, 1996. The Concessionaire shall provide and maintain, at no cost to the City, all equipment and appliances necessary to sell concessions under this Agreement, save and except one refrigerator, one ice machine and one stainless steel freezer, each of which shall be provided and maintained by the City. The Concessionaire shall repair or replace appliances owned by the City if lost, stolen, destroyed or damaged due to misuse. The Concessionaire shall also be responsible for adequately training its volunteers and other personnel to properly use and maintain all equipment and appliances. IV. The City agrees to make all structural and other repairs to the buildings and any other permanent fixtures on park premises from which concessions are sold provided the City has funds available and budgeted for such purposes. The Concessionaire agrees to maintain such buildings and fixtures and repair or replace the same if destroyed or damaged due to misuse. V. The Concessionaire agrees to indemnify and hold the City, its officers, employees and agents harmless from any and all claims for damages or injuries proximately caused by any act or omission of the Concessionaire in the exercise of its rights under this Agreement and any act or omission of vendors to whom it may assign concession rights under this Agreement. VI. The Concessionaire shall maintain during the term of this Agreement comprehensive general liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) and shall provide the City's Outdoor Recreation and Athletics and Aquatics Supervisor with a certificate of insurance or other evidence of such coverage prior to selling any concessions on park property. VII. Concession rights hereunder may be temporarily assigned by the Concessionaire during soccer tournaments and special events to third -party vendors who sell concessions from portable booths or similar structures, provided the Concessionaire pays to the City the additional fees for such vendors as hereinabove described. CONCESSION AGREEMENT/LUBBOCK SOCCER ASSN. Page 2 VIII. Concessionaire shall obtain and pay for all licenses and permits which must be obtained in order to sell concessions on park premises, as well as the cost of all utilities provided to the premises when concessions are being sold. IX. Concessionaire shall make no improvements, modifications or alterations to the buildings from which concessions are sold without written permission from the City's Outdoor Recreation Athletics and Aquatics Supervisor. Concessionaire shall designate in writing to such Supervisor the names of Concessionaire members to whom keys to the buildings may be provided. X. This Agreement shall not be construed as authorizing Concessionaire to provide concessions in those areas of the Berl Huffman Athletic Complex in which members of the public are primarily engaged in softball activities. /f In performing this Agreement, the Concessionaire shall observe and comply with all federal, state and local laws, ordinances, rules and regulations now in force or hereafter enacted or promulgated. XII. Either party may terminate this Agreement for default or failure by the nonterminating party to perform any of the covenants or conditions contained herein, provided such nonterminating party has been given written notice of the default or failure and a reasonable opportunity to cure the same. CONCESSION AGREEMENT/LUBBOCK SOCCER ASSN. Page 3 EXECUTED THIS 23rd day of February , 1995. ATTEST: &t' A I - Betty Nf. Johnso , City Secretary D AS TO CONTENT: iamus, Director of APPROVED AS TO FORM: ve-xw-aw Harold Willard, Assistant City Attorney LUBBOCK SOCCER ASSOCIATION J�M WESTBROOK, PRESIDENT ATTEST: hw/cityatt/SOCCER2. doc February 8, 1995 CONCESSION AGREEMENT/LUBBOCK SOCCER ASSN. Page 4