HomeMy WebLinkAboutResolution - 2127 - Agreement - Civic Lubbock Inc - Concession Sales, Auditorium/Coliseum - 09/12/1985MH:js
Pr-(zni 11T Tnni
Resolution #2127
September 12, 1985
Agenda Item #8a
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 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 12th day of
ATTEST:
Ranette oyd, City Secretary
AS TO CONTENT:
dim weston, uirector of Community
Facilities
APPROVED AS TO FORM:
�r
Miche Hart, Assistant City Attorney
September 1985.
Res6lution #2127
AGREEMENT
THIS AGREEMENT made and entered into the 1st day of October,
1985, amends and supersedes a previous agreement dated December
12, 1979, 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 200 of the gross
concession sales, the first payment to be due January 10, 1986,
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 within 30 days to the City
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.
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 -sponsor-
ing 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.
- 2 -
V. FINANCES
Upon completion of Civic Lubbock's annual audit and effec-
tive September 30th of each year, Civic Lubbock's accumulated
monies shall be allocated in the order following:
(1) Civic Lubbock shall first pay to the City the amount of
$150,000.00 or an amount equal to 20°0' of gross conces-
sion sales (which ever amount is greater) less the
quarterly amounts already paid.
(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."
Civic Lubbock, with the concurrence and approval of the City
Council, may be authorized to make on behalf of the City of
Lubbock capital expenditures 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 from said remaining monies, subject
to existing policies and procedures applicable to the making of
City purchases.
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.
- 3 -
VI. TERMS
THAT the sections numbered I through IV shall be divisible
and separate in application.
THAT this agreement and the licenses therein 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
unwritten agreement concerning such matters between the City and
Civic Lubbock.
AT
anette Boyd, City Secretary
AP 1OVED ASTO CONTENT:
V'Westan, Director of Community
Flities
APPROVED AS TO FORM:
Miche e Hart, As istant City Attorney
CIVIC LUBBOCK, INC.
President
ATTEST:
- 4 -