HomeMy WebLinkAboutResolution - 4818 - Concession Agreement - LUNA - Concert In The Park Series - 04/27/1995Resolution No. 4818
April. 27, 1995
Item #12
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 by and between
the City of Lubbock and the Lubbock United Neighborhood 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:
�1 C�4L
etty A iolinsoiV City Secretary
APPROVED AS W CONTENT:
Q�arolyn A)famus, Director of
r/ Culture & Leisure
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW:da
ccdocsla-lunares
March 3, 1995
Resolution No. 4818
April 27, 1995
Item #12
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 the "City," and the
LUBBOCK UNITED NEIGHBORHOOD ASSOCIATION, a non-profit corporation organized
under 26 U.S.C.S. § 501(c)(3), 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 on park property during the Concert in the Park Series. As used herein,
the term "concessions" shall include items such as soft drinks, individually -wrapped candy and
merchandise such as souvenir T-shirts and caps, but shall specifically exclude any food items
other than soft drinks which require cooking, heating, mixing or other on-site preparation prior to
sale to the public. The City's Special Events Coordinator shall have discretion to determine
whether or not any item which Concessionaire desires to sell to the public requires on-site
preparation.
I.
In consideration for the rights and privileges herein granted, Concessionaire shall pay the
City a fee of ONE HUNDRED AND NO/100 DOLLARS ($100.00) for each concert at which
concessions are sold plus TWENTY-FIVE PERCENT (25%) of the gross receipts for all
concessions actually sold in excess of ONE HUNDRED AND NO/ 100 DOLLARS ($100.00).
II.
The term of this Agreement shall be for a period of two (2) months beginning on June 1,
1995, and ending on July 31, 1995.
The City shall provide Concessionaire with all equipment and appliances necessary to
sell concessions under this Agreement and any electricity needed to operate the equipment and
appliances. Concessionaire agrees to repair or replace such equipment and appliances if lost,
stolen, destroyed or damaged due to misuse during those concerts in which concessions are sold.
Concessionaire shall also be responsible for adequately training its volunteers and other
personnel to properly use and maintain the equipment and appliances.
IV.
At each concert the City shall also provide Concessionaire with selected soft drinks, ice
and cups that may be sold to the public. All other concessions which are sold to the public must
be provided by Concessionaire at its own expense. Any soft drinks, ice and cups not sold during
a concert must be returned to the City's Special Events Coordinator at the conclusion of such
concert.
►IV!
The City shall be responsible for obtaining any licenses or permits necessary for
Concessionaire to sell concessions on park premises.
VI.
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.
VII.
This Agreement shall not be construed as authorizing Concessionaire to provide
concessions on park premises other than those on which the Concert in the Park Series is held,
nor as authorizing Concessionaire to provide concessions on park premises on days in which the
Concert in the Park Series is not conducted.
VIII.
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.
IX.
Concessionaire shall pay City the fee herein described within five (S) days of the
conclusion of any concert at which concessions are sold. Such payment shall be accompanied by
an itemized statement which indicates the total number of each concession items sold at the
concert and their price.
94
Either party or either party's agent may terminate this Agreement for default or failure by
the nonterminating party to perform any of the covenants or conditions contained herein,
Concession Agreement --- Lubbock United Neighborhood Assn.
Page 2
provided such nonterminating party has been given written notice of the default or failure and a
reasonable opportunity to cure the same.
EXECUTED THIS 27th dayil '1995.
ATTEST:
Betty . Johnsa City Secretary
APP'IVE AS TO CO T
Aliamus, Director of
& Leisure
APPROVED AS TO FORM:
Harold Willard, Asst. City Attorney
MGM
LUBBOCK UNITED NEIGHBORHOOD
ASSOCIATION
$Y.
OLLV ,
EXECUTIVE DIRECTOR
ATTEST:
HW:da
cityattlluna.doc
April 5, 1995
Concession Agreement --- Lubbock United Neighborhood Assn.
Page 3