HomeMy WebLinkAboutR83-578 RESOLUTION NO. R83-578
1983 CONCESSION AGREEMENT
Noon Optimist Club
A RESOLUTION GRANTING TO THE NOON OPTIMIST CLUB OF PLAINVIEW PERMISSION
TO LEASE SPACE FOR AND TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS
OF THE CITY OF PLAINVIEW, PRESCRIBING 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
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 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 conditions, limitations provided for in this Resolution.
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
1983 Concession Agreement
Noon Optimist Club
Page 2
SECTION 3. The term for which this lease, franchise, and permission is
granted is to include the date of June 1, 1983 through August 1, 1983.
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 Plain¥iew Health and Sanitation Codese
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 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 ser¥ices
as needed and in a manner acceptable to the Parks Department.
1983 Concession Agreement
Noon Optimist Club
Page 3
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 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 ~he 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 they be volunteer or paid personnel.
SECTION 11. That the Parks Department shall be responsible for approving
hours of operation End 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 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
the 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.
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.
1983 Concession Agreement
Noon Optimist Club
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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 of 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 Pa~ks Advisory Committee, a detailed
list of all financial transactions.
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:
"E. V. Ridlehuber, Mayor City of Plainview:
The Plainview Noon Optimist Club, for itself, its successors and assigns,
hereby accepts the attached Agreement, executed by the City Council of the
00
1983 Concession Agreement
Noon Optimist Club
Page 5
City of Plainview the ~k day of ~ ~
bound by ali of its terms and provisions."
Dated the ~ day of ~ ~
SECTION 17.
, 19~3, and agrees to be
resident
· 1983.
Resolution No. R83-578 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 16.
AND IT IS SO ORDERED, PASSED AND ADOPTED THIS .~ DAY OF
Club
· · ( ) Rzdlehuber, Mayor
Attest:
Walter S. Dodson, City Clerk