Ordinance No. 1,575ORDINANCE NO.1575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZINGANDDIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO EXECUTE ANDTHE CITY CLERK TO ATTEST A CONTRACT WITH ALL FOODS
CONCESSIONS COMPANY,INC.FOR THE CONCESSION AT THE BAYTOWN SPORTS
COMPLEX AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the Cityof Baytown,Texas,hereby
authorizes and directs the City Manager and City Clerk of the City of Baytown
to execute and attest to a contract with All Foods Concessions Company,Inc.
forthe concession at the Baytown SportsComplex.A copy of said contract is
attached hereto,marked Exhibit "A,"and made a part hereof for all intents
and purposes.
Section 2:That this ordinance shall take effect from and after its passage
by the City Council of the City of Baytown.
INTRODUCED,READ and PASSEDby the affirmative vote of the City Council of
the City of Baytown this 10th day of April ,1974.
TOM GENTRY,Mayor
ATTEST:
EDN7T0LIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
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X H I B I T "AH
THE STATE OF TEXAS |I CONCESSION LICENSE ANDAGREEMENT
COUNTY OF HARRIS \
THIS AGREEMENT,entered intothis the day of
1974,by and between the CITY OF BAYTOWN,a municipal corporation of Harris
County,Texas,hereinafter called "CITY,"and ALL FOODS CONCESSIONS,COMPANY,
INC.a Texas corporation,hereinafter called "CONCESSIONAIRE,"WITNESSETH:
WHEREAS,CITY is the owner of the premises commonly referred to as
the Baytown SportsComplex;and
WHEREAS,CITY desires to have certain concession beverage andfood
items available in such Baytown Sports Complex for the benefit of the public;
^and
WHEREAS,CONCESSIONAIRE is desirous of entering into an agreement
to place concession items for sale to the public within the Baytown Sports
Complex as approved by CITY;NOW THEREFORE,
In consideration of the promises,covenants,terms and conditions
herein contained,the parties hereby mutually agree as follows:
I.
This agreement shall become effective on April 15,1974 and shall
terminate on December 31,1974 orby thirty (30)days written notice given
by one party to the other.
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CONCESSIONAIRE will be allowed to place the number and typesof equipment
necessary for its operation as specified by CITY'S Director of Parks and Recreation
within the Baytown Sports Complex.
III.
CONCESSIONAIRE shall pay to CITY,as consideration for the license hereby
granted to operate such equipment,the following rental:
15%Commission of Gross Sales
CONCESSIONAIRE will provide CITY with a record of the previous month's
receipts and pay such rentals to CITY within ten (10)days after the close of
each calendar month.Failure to provide such record of receipts or pay such
rentals when due shall constitute a breach of the agreement and shallbe grounds
for termination of this agreement by CITY.
CONCESSIONAIRE shall keep accurate records of.all sales and receipts
in accordance with accepted bookkeeping procedures.CITY shall have the right
to inspect the books,records and inventories of CONCESSIONAIRE at any reasonable
time for the purpose of ascertaining the correct amounts duethe CITY under
theterms of this agreement.CITY shall further have the option of having
Its representative be present when vending machines are restocked and receipts
areremoved.
V.
CONCESSIONAIRE shall provide the food and beverage items approved
by the CITY'S Director of Parks and Recreation.Prices charged by CONCESSIONAIRE
shall be as approved by CITY.
VI.
CONCESSIONAIRE shall furnish and install,as its own expense,any
equipment,materials,supplies,or other items required for its proper operation.
Such items shall remain the property of CONCESSIONAIRE.All maintenance of
such equipment shall be the responsibility of CONCESSIONAIRE.
VII.
CONCESSIONAIRE shall conduct his activities upon the premises so as
not to endanger any person lawfully thereon,and shall indemnify,save and
hold harmless the CITY and all of its officers,agents and employees from any
and all claimsfor losses,injuries,damages and liabilities to persons or
property occasioned wholly or in part by the actsor omissions of CONCESSIONAIRE,
his agents,officers or employees.
VIII.
In the event of the breach of any of the terms or provisionsof this
agreement,City shall have,in addition to any other recourse,the right to
terminate this agreement and to remove and exclude all property of CONCESSIONAIRE
therefrom.Upon the termination of this agreement,CONCESSIONAIRE shall im
mediately remove all equipment and other materials relating to its operation.
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SIGNED AND ENTERED into this the day of ,1974.
CITY,OF BAYTOWN
By-
Fritz Lanham,City Manager
ATTEST:
Edna Oliver,City Clerk
ALL FOODS CONCESSIONS COMPANY,INC.
By.
President
ATTEST:
Secretary
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