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HomeMy WebLinkAboutR81-369RESOLUTION NO. R 81-369 00 029 A RESOLUTION GRANTING TO THE NOON OPTIMIST CLUB OF PLAINVIBW PERMISSION TO LEASE SPACE FOR AND TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS OF THE CITY OF PLAINVIEW~- PRESCRI.BING- THE CONDITIONS OF SUCH PERMISSION AND THE TERM FOR WHICH SAID pERMISSION IS GRANTED: WHEREAS, the Noon Optimist Club of the City of Plainview has requested the City Council of the City of Plainview to grant them 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 W~R~S', three buildings ar~e~ai~'t!able~i~gr~adway S~r~et-Park~§'ignated as ConcesSion ~t~a~~ln' g~be;Ruth ~k,, t~' SOUth Li6tle' Lea~U~.ieR~; ;and 'Jaycee Park, that a2~suitaB~e~for~/h0ugin~ C6~6%ss~16~ standoperati°n; . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 conditinns,limitations provided for in this Resolution. SECTION 2: The area for which said lease, franchise and permission is granted is as follows: A. 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 i~ granted is to include the date of june!~!~!98%'{~r°Ugh .NoV~mbe~'~S0/ 1981. 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 maintenence cost. SECTION 5: That the rights and privileges g~anted~Bnto concessionaire shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or using park picnic areas or prevent 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, confectionery and. b~?¥eragesi be subject to the approval of the Parks Department and the City of Plainview Health and Sanitation Codes. O0 SECTION 7:."That the concessionaire shall be responsible for the cleanliness of the concessf~on area and shall not permit garbage or other refuse to accumulate or to gather in or about the ~lding, except ~n suitabte covered garbage receptacles 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, including, but not limited to, soda fountains, show cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink'dispensers, refrigerators, coffee urns, tables, etc., as may be necessary to properly furnish the services as n~eded 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 guality and subject to various specifications as determined necessary for the Parks Department in keeping with the best interests of the public. Ail prices shall be posted and competitive with prices as normally found at similar concession 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 concessionai~ shall be responsible for the competency of all personnel staffing the various concession facilities, whether they be volunteer or paid personnel. SECTION 11: That the Parks Department shall be responsible for approving hours of operation and will govern such times according to public needs and demands. SECTION_.12: The City of Plainview grants to the Noon Optimist Club the right to allo~ the Youth Group of the First Church of the Nazarene 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 Youth Group shall o~.~-a~e said concession stands as an agent of the Noon Optimist Club and said Youth Group 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. SECTION 13: That the rights and privileges g~anted shall not be transferab-~e 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 under the lease, the permission and franchise, hereby given and shall 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 ($300,000), as protection of any liability, for damages o~ said Optimist Club, its agents, employees, or any other person assisting in the'carrying out of any function authorized hereby, and the same shall, in addition to protecting the Optimist Club, provide therein that it will also protect the said City of~ Plainview. SECTION 15: The Plainview Optimist Club shall furnish to the Parks, Recreation and Open Space Advisory Committee, a written financial statement at the end of each fiscal year of the City of Plainview. The Optimist Club shall also be able to prepare, at the request of the Parks Advisory Committee, a detailed list of all financial transactions. O0 .v3i SECTION 16: Plainview Noon ~Optimist Club shall, within fifteen (15) days of the passage of this Resolution by the City Council of the City of Plainview, file with the City Secretary, a written statement signed in its name and behalf by a duly authorized officer of Plainview Noon Optimist Club in the following form: (See Attachment) ResolutionNo. R81-369 shall become effective upon its passage and approval, as required by law, and acceptance by the Plainview Noon Optimist Club, as required in this Section 15. AND IT IS. SO ORDERED, PASSED, AND ADOPTED THIS 24th DAY OF March , 1981. ATTEST: PALTER g. DOD$O'N, 'City Clerk O0 ©32 ATTACHMENT RESOLUTION NO. 81-369 The Honorable Mayor and City Council of the City of Plainview: Plainview Noon Optimist Club, for itself, its successors and assigns, hereby accepts the attached Resolution, passed by the City Council of the City of Plainview the 24th day of March 1981, and agrees to be bound by all of its terms and provisions. DATED the /¢ day of PLAINV~EW NOON OPTIMIST CLUB .BY: Pres ident ~/~q ~., 1981. Policy for Use of Broadway Park Baseball Complex During the Optimist Program. 1. After termination of the Lease between the City of Plainview and the Plainview ~ Independent School District on May 31, 1981, the City of Plainview will assume '~ and retain exclusive control of J.C. Field until the field is ready to be turned over to the Optimist Club. The City is estimating that it will take approximately two (2) weeks to prepare the fields. During the preparation time of the field, no person, team, association, or organization will be allowed to use the field without first obtaining.W~itten consent.fromthe parks~Supervisor. 2. Before the start of the Optimist Baseball season the City Park Department shall restore all the game fields to playing condition. The Optimist Club upon accept'ing the fields will assume the responsibility for watering the infields, mowing the fields between the scheduled mowing by the City, and conducting any maintenance beyond normal maintenance by the Parks Dept. 3. Normal maintenance by the Park Dept. shall consist of routine watering of the out fields, mowing the baseball fields while mowing the rest of the parks, (approx. once every 3 weeks) and conduciing general maintenance of the facilities. 4. Prior to the Optimist assuming control of Broadway Baseball Complex, the property shall be inspected by a representative of the Optimist Club and a representative of the City for the purpose of determining the condition of the premises. Also, immediately'prior to the conclusion of the Optimist Season, (approx. July 14th) said inspection shall again be conducted. The Optimist Club shall have the responsibility of maintaining the baseball diamonds, spectator stands and other facilities used in conjunction with the baseball fields at an equiYalent level of conditions found during the initial inspection, reasonable wear and tear excepted. ~5. Any improvements made by the Optimist Club must first be approved by the City Council of the City of Plainview. 6. Priority for the use of the Broadway baseball complex shall be given to the Optimist Club. The Optimist Club, however, shall be required to coordinate its activities with the .City, so that, ,normal maintenance can be conducted. 7. After May 31, 1981, no person, team, association, or organization will be allowed to practice on a game field in the Broadway Baseball Complex. Associations will be allowed to use the game fields for regularly scheduled games, provided they: A. Have a written statement from the Optimist Club that they.have no objections and that the game will not conflict with the Optimist Schedule; B. Submit a schedule of their games to the Parks Supervisor; and C. Receive written approval from the Parks Supervisor. 8. The Optimist Club shall indemnify and save the City whole and harmless from any and all claims for injuries or damages to any person or property occassioned by or arising by the reason of the Optimist Club's negligence. And, to save the -~ City whole and harmless and to indemnify it from any and all e~ims for damages which would not have occurred except for the actions or conduct of the Optimist Club or its agents in the use of the baseball complex and related facilities. To insure this, the Optimist Club shall furnish the City of Plainview a certificate __ showing that it has in force (and it shall keep same in force at all times during the use of the baseball complex and related facilities) a policy of. liability Policy Page Two 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 or injuries 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 City of Plainview.