Ordinance No. 1,596ORDINANCE NO.1596
AN ORDINANCE OF THECITYCOUNCIL OF THE CITY OF BAYTOWN,TEXAS,AU
THORIZING AND DIRECTING THE CITY MANAGER OFTHE CITY OF BAYTOWN TO
EXECUTE AND THECITY CLERK TO ATTEST A CONTRACT WITH BAY VENDING,
INC.FOR THE CONCESSION AT VARIOUS LOCATIONS FOR THE PARKS AND RE
CREATION DEPARTMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BEIT ORDAINED BY THE CITY COUNCIL OF THECITYOF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby
authorizes and directs the City Manager andthe City Clerk ofthe City of
Baytown to execute and attest a contract with Bay Vending,Inc.for the con
cessionat the Community Building,DeZavala Community Center,Lincoln-Sam
Houston Community Center,Edison Community Center,and McElroy Park,N.C.
Foote Park,and BaytownSports Complex Swimming Pools.A copyof said con
tract is attached hereto,marked Exhibit "A,"and made a part hereof for all
intents and purposes.
Section 2:This ordinance shall take effect from and after its passage
by the City Council of the City of Baytown.
INTRDOCUED,READ and PASSED by the affirmative vote of the City Council
this 9thday of May ,1974.
ATTEST:
O
EDNA OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,Cfty Attorney
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EXHIBIT "A"
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THESTATE OF TEXAS f
}CONCESSION LICENSE AND AGREEMENT
COUNTY OFHARRIS J
THIS AGREEMENT,entered intothis the dayof ,1974,
by and between the CITY OF BAYTOWN,a municipal corporation of Harris County,
Texas,hereinafter called "CITY,"and BAY VENDING,INC.,a Texas corporation,
hereinafter called "CONCESSIONAIRE,"WITNESSETH:
WHEREAS,CITY is the owner of the premises commonly referred toas the
Community Building,DezaVala Community Center,Lincoln-Sam Houston Community
Center,Edison Community Center,and McElroy Park,N.C.FootePark,and Baytown
Sports Complex Swimming Pools;and
WHEREAS,CITY desires to have certainconcession beverage andfood items
available at the above locations;and
WHEREAS,CONCESSIONAIRE is desirousof entering into an agreement to
place vending machines at various locations at the Community Building,DeZaVala
Community Center,Lincoln-Sam Houston Community Center,Edison Community Center,
and McElroy Park,N.C.Foote Park,and Baytown Sports Complex Swimming Pools
as approved by CITY and to place concession items in thesame for sale to the
public:NOW THEREFORE,
In consideration of the promises,covenants,terms and conditions herein
contained,the parties hereby mutually agree as follows:
This agreement shall become effective on the date hereof,and shall con
tinue for one year or until terminated by thirty (30)days1 written notice given
by one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number and type of vending
machines specified by CITY'S Director of Parks and Recreation atthe Community
Building,DeZaVala Community Center,Lincoln-Sam Houston Community Center,Edison
Community Center,and McElroy Park,N.C.Foote Park,and Baytown Sports Complex
Swimming Pools at the locations designated bysuch Director.
III.
CONCESSIONAIRE shall pay to CITY,as consideration for the license hereby
granted to operate such vendingmachines,the following rentals:
Fifteen (15%)percent of gross income
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.
IV.
CONCESSIONAIRE shallkeep 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
timefor the purpose of ascertaining the correct amounts due the CITY under the
terms of this agreement.CITY shall further have the option of having its re
presentative be present when vending machines are restocked and receipts are
removed.
V.
CONCESSIONAIRE shall provide the beverage items and vending concession
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 by it for the proper operation of the
vending concession.Such items shall remain the property of CONCESSIONAIRE.All
maintenance of such machines shall bethe responsibility of CONCESSIONAIRE.
VII.
CONCESSIONAIRE shall conduct his activities upon the premises so as not
to endanger any person lawfully thereon,and shall idemnify,saveand hold harm
less theCITY and all of its officers,agents andemployees from any and all claims
for losses,injuries,damages and liabilities to persons or property occasioned
wholly or in part by the acts or omissions of CONCESSIONAIRE,his agents,officers
or employees.
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VIII.
In the event of the breach of any of the terms or provisions of this
agreement,CITY shall have,in addition to anyother recourse,the right to ter
minate this agreement,and to remove and exclude all property of CONCESSIONAIRE
therefrom.Upon the termination of this agreement,CONCESSIONAIRE shall immedi
ately remove all vending machines and othermaterials relating to the vending
concession.
SIGNED AND ENTERED into this the day of ,1974.
CITY OFBAYTOWN
Fritz Lanham,City Manager
ATTEST:
tdna Oliver,City Clerk
BAY VENDING,INC,
By.
President
Secretary
(Corporate Seal)
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