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HomeMy WebLinkAboutR82-492RESOLUTION NO. R 82-492 ©0 A RESOLUTION GRANTING TO.THE.NOON OPTIMIST CLUBOF PLAINV~E3/~.'?ERMISSION TO LEASE SPACE FOR AND TO OPERATECONCESSIONS IN DESIGNATED BARK AREAS OV TEE. CITY OF PLAINVIEW', PRESCRIBING TEE COND_~TIONS'OV'SUC~'PE~{!5'S~N AND'TEE'TERM VOR WHICH SAID PERMISSION IS GRANTED: ...... WHEREAS, the Noon~:Optimist Club of the City of Pla~v~e~ ha~ requested the Cits Oouncil of the City of P!ainvie~ to grant them ~ermission 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 t~e'C~ty of Plainv~e~; and ~HEREAS, the Noon Optimist ClUb has represented that Ct ~l! and intends to use the proceeds thereof for the purpose of p~om~t!ng recreational sport~ and other activities for the .youth of the C~ty of Plainview; and ~H.EREAS, theNoonQptimist_'ClUb...hEsi~opefated a concession stand .under franchise for the past several years; and W~HEREAS, three bu?ldings are available ?n Broad,ray Street Park,'designated as Concession Stands in Babe Ruth. Park, the SoutK Li~ttle League V?eld,'and Jaycee Bark, th_at are suitable for housing ConcessiQn Stand operation; NOW THEREFORE, BE IT RESOLVED B~TEE CITY COUNCIL OV TEE CITY OF PLAIN¥IEW., 'SECTION 1: The Noon Optimist Club. of the City of Pla?~vie~ ?s hereby granted a lease, a franchise, and permiss?on to Operate concessiQnS for the Sale Q~ cold drinks and confections, sandwicheS, hamburgers and such other type foods as-are ordinarily sold in and around park areas ~here CrOwds gather for"act?vities, subject, h.owever, to the conditions, limitations pro¥ided for %'n this Resolution. SECTION 2: The area for which. Said lease, franchise and permiss?on is granted is as follows: Ae Broad~ay Street Park. Concession Stands: 1. Jaycee Park 2. Babe Ruth Park 3. South Little League F.~eld SECTION'3: The term for ~hich tb~s lease, franchise~ and per_mission ils granted is to include the date of June 1, 1E82, th.rough. August 1~ lg~82. SECTION 4: The Noon Optimist Club shall pay One Dollar ($1.QQ). for the lease of thff'buildings for the term described in Section.3. The Noon Optimist Club, however, must pay any expense that ?s normally incurred'thorough 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 granted unto the concessionalre shell not include catering service to.indi¥~iduals'o? groups~ of'~nd~¥~duals renting or lea~i.ng park building facilities or using park picnic areas nv preyent~?ng any ?nd~v~duals or groups from br?n§ing their own fond'and dr?nks ?nto puhl~cpark area~. SECTION 6: That the servicing and dispensing at sucO. t?mes as the public requires', and the' wh_olesomeness and sanitation nfl. all foods', refreshments, confectionery and beverages be subject to the approval of the Parks Department and the City'of Plainvi]'ew Health..and Sanitation'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 ~,uitding, 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 services as ne, 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 vari6us specifications as determined necessary for the Parks Department in keeping with the best interests of: the public. All prices shat] be posted and competitive with prices as normally found at similar concession operaiions. 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 concession-aid:e:, 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 publicl needs and demands. SECTION'12: The City of Plainview grants to the Noon Optimist~Club the right to allow 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 operat, 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 gkanted 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 ali acts of its agentsi employees, or any other person aiding and assisting it in performing any act or function under the leas,, 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 ali times) a policy of liability insurance with an insurance company authorized to flo 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 shatl, 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, ~ detailed list of all financial transactions. O0 67 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 fallowing form: Resolution No. R 82-492 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 27th DAY OF April , 1982. E.V. (Gene) Ridlehuber, Mayor ATTEST: Walter S. Dodson, City Clerk