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HomeMy WebLinkAboutResolution - 2752 - Agreement - Civic Lubbock Inc - Concession Sales, MAC & LMCC - 02/25/1988HW:da RESOLUTION Resolution #2752 February 25, 1988 Item 5 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 by and between the City of Lubbock and Civic Lubbock, Inc., attached herewith, 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 25th day of February 1988. .C. McMINN, MAYOR ATTEST:.---. APPROVED `AS TO CONTENT: . - , , e4 '/ a- - Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: aro d Willard, Assistant City Attorney Res. 2752 ,AGREEMENT THIS AGREEMENT made and entered into the 15 tv._, day of -C.Yfcq , 1988, amends and supersedes a previous agreement dated October 1, 1985, by and between the City of Lubbock, Texas, a home rule municipal corporation hereinafter referred to as "City", and Civic Lubbock, Inc., a non-profit corporation hereinafter referred to as "Civic Lubbock", both of Lubbock County, Texas; WITNESSETH: I. CONCESSIONS THAT the City hereby grants to Civic Lubbock a license for all food, beverage and other concession sales at the Lubbock Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center, and for the use of the concession facilities located therein. THAT the consideration for such license shall be (1) that Civic Lubbock shall pay quarterly to the City 20% of the gross concession sales, the first payment to be due January 10, 1988, and (2) Civic Lubbock shall promote the cultural, educational and entertainment welfare for the City of Lubbock and surrounding area. THAT all operational expense associated with concession sales, including the salaries of part-time staff, shall be the responsibility of Civic Lubbock, and that the daily operation of the concession areas, including the staffing thereof, shall be the responsibility of the City. II. BOARD MEETINGS THAT the City hereby grants to Civic Lubbock a license for the use of the facilities at the Lubbock Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center for board meetings and other board functions of Civic Lubbock, the location for such board meetings or functions to be mutually agreed upon by the Director of the Lubbock Memorial Civic Center and the President of the Civic Lubbock Board. THAT such license shall bear no consideration. III. BUILDING RENTALS THAT whenever Civic Lubbock sponsors or co-sponsors an event in the Lubbock Municipal Auditorium/Coliseum or Lubbock Memorial Civic Center, Civic Lubbock shall pay to the City within 30 days of the event the conventional rental rates applicable to non- profit events as set forth in the rental rates schedule in effect at that time for that portion of the facilities used for that event, plus any amounts attributable to special services and equipment charges. -2- IV. DONATIONS THAT Civic Lubbock shall not donate or contribute any cash monies directly or indirectly to any group or individual, charitable or otherwise. THAT Civic Lubbock may, as part of sponsoring or co- sponsoring an event, donate or contribute part or all of the building to be used and any special services and equipment, by paying to the City the building rental and special services and equipment charges therefor. Upon completion of Civic Lubbock's annual audit and effective September 30th of each year, Civic Lubbock's accumulated monies shall be allocated in the following order: (1) Civic Lubbock shall first pay to the City the amount equal to 20% of gross concessions sales. These payments shall be made quarterly. (2) Civic Lubbock shall then retain not more than $100,000 as a reserve fund for the continuation of its chartered powers during the next fiscal year plus any amounts needed to cover any outstanding indebtedness of Civic Lubbock. (3) Civic Lubbock shall retain any remaining monies which shall be placed in a separate account entitled "Major Projects Reserve." Subject to the concurrence and approval of the City Council and existing policies and procedures applicable to City purchases, Civic Lubbock may be authorized to make on behalf of the City of Lubbock capital expenditures with said remaining -3- monies for improvements to the Auditorium/Coliseum or the Lubbock Memorial Civic Center for purposes of promoting the cultural and educational welfare of the City of Lubbock throughout the year. THAT Civic Lubbock shall prepare and present to the City Council during July of each year a budget for the upcoming fiscal year which begins on October 1. This budget will be presented for the City Council's information and recommendation, if the Council so chooses. VI. TERMS THAT the sections numbered I through IV shall be divisible and separate in application. THAT this agreement and license shall continue in force and effect until revoked or amended by the City upon twelve months written notice to Civic Lubbock or by mutual agreement of both parties. THAT the foregoing agreement is hereby identified by both parties as being a written statement confirming the previously -4- unwritten agreement concerning such matters between the City and Civic Lubbock. CITY OF LUBBOCK e 1 �7- C - '. � I 8. C. "PEC " McMINN, MAYOR ATTEST: Rane t Boyd.. City ec etary APPROVED -AS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: 4A� kk'-',� Harold Willard, Assistant City Attorney -5- CIVIC C IN Pres dent ATTEST: Sec etary