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HomeMy WebLinkAboutR84-694RESOLUTION NO. R84-694 1984 CONCESSION AGREEMENT Plainview Softball Association AN AGREEMENT GRANTING TO THE PLAINVIEW SLOW PITCH SOFTBALL ASSOCIATION PERMISSION 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 Plainview Slow Pitch Softball Association (herein referred to as the "Association") of the City of Plainview has requested 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, said Association 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; NOW, THEREFORE, THE PARTIES AGREE WITH EACH OTHER AS FOLLOWS: SECTION 1. The Plainview Slow Pitch Softball Association of the City of Plainview is hereby granted 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 ordinance. SECTION 2. The area for which said franchise and permission is granted is as follows: Running Water Regional Park. SECTION 3. The term for which this franchise and permission is granted initially is to include the dates of April 1, 1984 through October 15, 1984, to allow for an evaluation of the performance of the concessionaire and to allow the concessionaire to cease his operations during the time when the park areas are not normally receiving maximum use. O0 263 1984 Concession Agreement Page 2 SECTION 4. That no permanent facility shall be used during this time period, but that mobile type equipment shall be used on park-to-park basis, to insure low initial investment on the part of the concessionaire and to insure that a permanent facility specifically designed for concession type sales shall not be erected on park property until an evaluation of the initial operations is made. SECTION 5. That the rights and privileges which shall be 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 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 time as the public requires, and the locations of such mobile carts or wagons or refreshment stands, and the wholesomeness and sanitation of all foods, refreshments, confectionary and beverages be subject to the approval of the Parks Department and City of Plainview Health, Sanitation and Zoning Codes. SECTION 7. That the concessionaire shall be responsible for the cleanliness of the concession area and shall not permit garbage or other refuse to accumulate or to gather in or about the mobile cart or wagon, except in suitable covered garbage receptacles which shall be provided by the Parks Department. S~CTION 8. That the concessionaire shall, at his own cost and expense, furnish and maintain in good usable condition, a sufficient amount of moveable 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 needed and in a manner acceptable to the Parks Department. 1984 Concession Agreement Page 3 SECTION 9. That the Parks Department shall provide electrical power in locations where there utilities now exist or could be erected at a minimum cost, not to exceed $200 and shall be constructed in a manner acceptable to the Parks Department. SECTION 10. That the concessionaire shall use either members of the Association or other related personnel as needed to properly staff the various concession operations as operated in the parks. The concessionaire shall be responsible for the competency of all personnel staffing the various concession operations, 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. That the various foodstuffs and confections including, but not limited to, candies, popcorn, breads, and soft drinks shall be of a high quality and subject to various specifications as determined necessary for the Parks Department in keeping with the best interests of the public. All prices shall be posted and competitive with prices as normally found at similar concession operations. SECTION 13. That the rights and privileges which shall be 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 Association 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 permission and franchise hereby given and shall furnish the City of Plain- view a certificate showing that it has in force (and it shall keep same in 1984 Concession Agreement Page 4 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 Association, its agents, employees, or any other person assist- ing in the carrying out of any function authorized hereby, and the same shall, in addition to protecting the Association, provide therein that it will also protect the said City of Plainview. SECTION 15. The Association shall furnish to the Parks Advisory Committee, a written financial statement at the end of each fiscal year of the City of Plainview. The Association shall also be able to prepare, at the request of the Parks Advisory Committee, a detailed list of all financial transactions. SECTION 16. Association shall, within ten (10) days of the execution of this Agreement by the City Manager of the City of Ptainview, file with the City Secretary, a written statement signed in its name and behalf by a duly authorized officer of the Association in the following form: "John Hatchel, C~ty Manager of the City of Plainview: The Plainview Slow Pitch Softball Association, for itself, its successors and assigns, hereby aczepts the attached Agreement, executed by the City Manager of the City of Plainview the day of ~C~ , 19 , and agrees to be bound by ~ll of its terms and provisions. Dated the . day of , 1984." 1984 Concession Agreement Page 5 SECTION 17. This Agreement shall become effective upon its execution by the parties involved and its acceptance-by the Plainview Slow Pitch Softball Association, as required in this Section 16. IN WITNESS WHEREOF, ~the parties have caused these presents to be executed by their respective representatives, on the days and year herein indicated. Pres+~ent Plai~iew Slow Pitch Association Date / l~.. V.' l~idl~h{zber, May~r City of Plainview Date