Loading...
HomeMy WebLinkAboutResolution - 1367 - Concession Agreement - Coca Cola Inc - Clapp & Maxey Swimming Pools - 04/14/1983PQ� RESOLUTION 1367 - 4/14/83 Bid 7318 1 ,TMS: j s 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 di- rected to execute for and on behalf of the City of Lubbock a Concession Agree- ment for Clapp and Maxey'Swimming Pools between the City of Lubbock and Coca Cola Bottling Company of Lubbock, Inc., which Agreement, attached herewith 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 14th day of A , 1983. f BILL McALESTER, YOR ATTEST: Evelyn Gaf"fga, City Sdcr661-Treasurer APPROVED AS TO CONTENT: W_tz'�� &/7� �_j Weston, Directory of,Community Facilities APPROVED AS TO FORM: /'. Jo M. Sherwin, Assistant City Attorney RESOLUTION 1367 - 4/14/83 k a �►�� THE STATE OF TEXAS § COUNTY OF LUBBOCK § CONCESSION AGREEMENT FOR CLAPP AND MAXEY SWIMMING POOLS This Agreement made and entered into this 14th day of April, 1983, by and between Coca Cola Bottling Company of Lubbock, Inc., hereinafter referred to as "Concessionaire" and the City of Lubbock, Texas, a Home Rule Municipal Corporation hereinafter referred to as "City"; WITNESSETH: That City desires to grant its concession rights for the sale of swimming pool accessories and refreshments at the Maxey Swimming Pool located at 30th and Nashville and at K. N. Clapp Swimming Pool located at 46th and Avenue U, both of said pools being situated in the City of Lubbock, Texas; and That Concessionaire desires to be Grantee of such concession rights. NOW THEREFORE, City and Concessionaire hereby agree that City shall grant to Concessionaire the concession rights for the sale of swimming pool accessories and refreshments at the Maxey and K. N. Clapp pools, subject to the following terms and conditions: I. Consideration. Concessionaire shall pay to City, as consideration, 27.2 percent of its gross sales from such con- cession operation for each month of swimming pool operation during the agreement term. Payment is due and payable to the City of Lubbock at the office of the Director of the Parks and recreation Department on the 10th of each month immediately following any month the swimming pools are in operation. Such payments shall be accompanied by sales reports for the preceding month. II. Agreement Term. This Agreement shall commence April 1, 1983, and terminate September 30, 1987. III. Conditions. This Agreement is further conditioned on the following: 1. City will furnish water & electricity in the concession stands. 2. If vending machines are used, the City reserves the right to to approve their location. 3. Concessionaire shall furnish at its own expense any extra electrical outlets or waterlines which it needs for its operations. 4. City reserves the right to approve any improvements, additions, or building alterations, and Concessionaire agrees to secure the prior written approval of the Director of Parks and Recreation of the City for all such improvements, additions, or alterations. Any such improvements, additions or alterations so approved will be made at the sole expense of Concessionaire and shall become the property of City upon installation free and clear of any and all encumbrances. 5. No bottle drinks will be permitted --either from vending machines or over-the-counter concession and all glass container items are prohibited. 6. All foods served will be either pre-packaged or prepared at the concession site and wrapped. 7. Sale of Chewing Gum will not be permitted. B. The Concessionaire will be responsible for monitoring the quality of all items, removing and replacing out -dated products and stocking regularly. 9. The Concessionaire binds and obligates itself to investigate and comply with all rules and regulations of the City of Lubbock Park and Recreation Board, and all Ordinances of the City of Lubbock and laws of the State of Texas, and that a violation of the rules of the Park and Recreation Board of the City of Lubbock or any Municipal Ordinance or State law shall be grounds for City to notify Concessionaire to remove ;its equipment from building or premises, and this Conces- sion Agreement with the City shall terminate upon receipt of such notice. 10. The Concessionaire binds and obligates itself to operate its over-the-counter concession on and accord- ing to the same schedule as the swimming pool is operated which is at the present time 1:00 p.m. to 8:00 p.m., seven days per week, which are subject to change. The Concessionaire will be given the option of operat- ing during after -hour private reservations at the pool. City may close pools during adverse weather conditions or for occasional repairs and Concessionaire will not be expected to operate at these times, nor will the City be held responsible for lost revenues due to pool's closing for any length of time. 11. Concessionaire binds and obligates itself to indemnify and forever hold harmless City against each and every claim, demand or cause of action that may be made, or come against City by any person or persons by reason of Concessionaire's activities on the pool premises, an negligent act on the part of Concessionaire or any of its agents, servants or employees in or about said swimming pool premises, or any contractual obligation of Concessionaire. 12. The Concession Agreement is not transferable. 13. The City of Lubbock reserves the right to approve the type of items for sale. 14. The Concessionaire must at all times keep its machines or concession well stocked and in excellent working conditions. 15. The City reserves the right to check or have checked the Concessionaire's books and also to enter and inspect the concession stands and any premises under the control of Concessionaire pursuant to the rights herein granted. 16. The City reserves the right to terminate this Agreement if Concessionaire fails to fulfill its obligations under any one of the conditions herein stated. 17. Any notice to be given in regard to any term or obligation hereunder shall be deemed to have been properly delivered if mailed by certified mail, return receipt requested to City, Attention of Director of Parks and Recreation, P.O. Box 20009 Lubbock, Texas 79457; and to Coca Cola Bottling Company, Attention of Gene Roberts, P.O. Box 1048, Lubbock, Texas 79408. Witness our signatures this 14th day of April, 1983. CITY OF BOCK CAL ST R, MAY40R .ATTEST: Evelyn Gaffga City Secretary -Tres er APPROVED AS TO CONTENT: ra'Jim Weston Director of Community Facilities APPROVED AS TO FORM: 1'. 2*' J&-"" Z16an M. Sherwin �es sistant City Attorney COCA COLA BOTTLING COMPANY OF LUBBOCK, INC. 6101 Avenue.A Lubbock, Texas By GENE ROBERTS VICE-PRESIDENT ATTEST: X_I&t �"j ecre ary of 7 -Coca o - Bottling Company of Lubbock, Inc.