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HomeMy WebLinkAboutR85-813034 RESOLUTION NO. R85-813 1985 CONCESSION AGREEMENT Noon Optimist Club A RESOLUTION GRANTING TO THE NOON OPTIMIST CLUB OF PLAINWIEW PERMISSION TO LEASE SPACE FOR AND TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS OF THE CITY OF PLA!NVIEW, PRESCRIBING THE CONDITIONS OF SUCH PE~qlSSION AND THE TERM FOR WHICH SAID PE~qlSSION IS GRANTED. WHEREAS, the Noon Optimist Club of the City of Plainview has requested the City Council of the City of Plainview to grant ~hem permission and franchise to operate concession stands for the purpose of selling cold drinks and confections and certain types of food in the City Park area of the City of Plainview; and WHEREAS, the Noon Optimist Club has represented that it will and intends to use the proceeds thereof for the purpose of promoting recreational sports and other activities for the youth of the City of Plainview; and WHEREAS, the Noon Optimist Club has operated a concession stand under franchise for the past several years; and WHEREAS, three buildings are available in Broadway Street Park, designated as Concession Stands in Babe Ruth Park, the South Little League Field, and Jaycee Park, that are suitable for housing concession stand operation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PLAINVIEW: SECTION 1. The Noon Optimist Club of the City of Plainview is hereby granted a lease, a franchise, and permission to operate concessions for the sale of cold drinks and confections, sandwiches, hamburgers and such other type foods as are ordinarily sold in and around park areas where crowds gather for activities, subject, however, to the conditions and limitations provided for in this Resolution. 035 1985 Concession Agreement Page 2 SECTION 2. The area for which said lease, franchise and permission is granted is as follows: Broadway Street Park Concession Stands - 1. Jaycee Park 2. Babe Ruth Park 3. South Little League Field. SECTION 3. The term for which this lease, franchise, and permission is granted is to include the date of June 1, 1985 through November 30; 1985. SECTION 4. The Noon Optimist Club shall pay One Dollar ($1.00) for the lease of the buildings for the term described in Section 3. The Noon Optimist Club, however, must pay any expense that is normally incurred through the operation of a concession building, for as long as this lease is in effect, excluding building maintenance cost. SECTION 5. That the rights and privileges granted unto the concessionaire shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or using park picnic areas or preventing any individuals or groups from bringing their own food and drinks into public park areas. SECTION 6. That the servicing and dispensing at such times as the public requires, and the wholesomeness and sanitation of all foods, refreshments, confeCtionary and beverages be subject to the approval of the Parks Department and the City of Plainview Health and Sanitation Codes. SECTION 7. That the concessionaire shall be responsible for the cleanli- ness of the concession area and shall not permit garbage or other refuse to accumulate or to gather in or about the building, except in suitable covered garbage receptables which shall be provided by the Parks Department. SECTION 8. That the concessionaire shall, at his own cost and expense, furnish and maintain in good usable condition, a sufficient amount of equipment, O36 1985 Concession Agreement Page 3 including, but not limited to, soda fountains, show cases, cash registers, ice cream cabinets~ bottle coolers, popcorn machines, drink dispensers, refrigerators, co£fee urns~ tables, etc., as may be necessary to properly furnish the services as needed and in a manner acceptable to the Parks Department. SECTION 9. That the various foodstuffs and confections, including, but not limited to, candies, popcorn, breads, and soft drinks shall be of high quality and suSject to various specifications as determined necessary for the Parks Department in keeping with the best interests of the public. Ail price~ shall be posted and competitive with prices as normally found at similar concess±on operations. SECTION 10. That the concessionaire shall use either members of the Plainview Noon Optimist Club or other personnel as needed to properly staff the various concession facilities oPerated in the parks. The concessionaire shall be responsible for the competency of all personnel staffing the various concession facilities, whether the~ be volunteer or paid personnel. SECTION 1i. That the Parks Department shall be responsible £or approving hours of operation and will govern such times according to public needs a~d demands. SECTION 12. The City of Plainview grants to the Noon Optimist Club the right to allow the Joe Jacobs Family to sublease and operate the Noon Optimist Club Concession Stands at Babe Ruth, South Little League Field and Jaycee Park. The Noon Optimist Club represents to the City of Plainview that the said Joe Jacobs Family shall operate said concession stands as an agent of tile Noon Optimist Club and said Joe Jacobs Family shall be designated as a named insured on the policy of liability insurance purchased by the Noon Optimist Club in compliance with Section 14 of this agreement. 198S Concession Agreement Page 4 037 SECTION 13. That the rights and privileges granted shall not be transferable in nature and no assignment or sub-contract shall be granted without permission of the Parks Department. SECTION 14. Provided, however, that the Optimist Club shall indemnify and hold the City harmless from any and all acts of its agents, employees, or any other person aiding and assisting it in performing any act or function unde~ the lease, the permission and franchise, hereby given, and shalt furnish the City of Plainview a certificate showing that it has in force (and it shall keep same in force at all times) a policy of liability' insurance with an insurance company authorized to do business in the State of Texas in an amount of not less than Three Hundred Thousand Dollars ($300,000), as protection of any liability for damages of said Optimist Club, its agents, employees, or any other person assisting inthe carrying out of any function authorized hereby, and the same shall, in addition to protecting the Optimist Club, provide therein that it will also protect the said City of Plainview. SECTION iS. The Plainview Optimist Club shall furnish to the Parks, Recreation and Open Space Advisory Committee, a written financial statement at the end of each fiscal year of the City of Plainview. The Optimist Club shall also be able to prepare, at the request of the Parks Advisory Committee, a detailed list of all financial t~ansactions. SECTION 16. Plainview Noon Optimist Club shall, within fifteen (1S) days of the passage of this Resolution by the City Council of the City of Plainview, file with the City Secretary, a written statement signed in its name and behalf by a duly authorized officer of the Plainview Noon Optimist Club in the following form: 1985 Concession Agreement Page 5 "E. V. Ridlehuber, M~yor, City of Plain¥iew: The Plainview Noon Optimist Club, for itself, its successors and assigns, hereby accepts the attached Agreement, executed by the City Council of the City of Plainview on the /e2~ day of ~ , 1985, and agrees to be bound by all of its terms and provisions. O88 President Dated the /~-6¢D day of ~2C~ , 1985." SECTION 17. Resolution No. ~-~3 shall become effective upon its passage and approval, as required by law, and acceptance by the PlainviewNoon Optimist Club, as required in this Section 16. AND IT IS SO ORDERED, PASSED AND ADOPTED THIS Jg~ DAY OF PRESIDENT, NOON OPTIMIST CLUB E.V. (GENE) RIDLEHUBER, MAYOR ATTEST: WALTER S. DODSON, CITY CLERK