Ordinance No. 1,772ORDINANCE NO.1772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A CONTRACT WITH ALL FOODS CONCESSIONS COMPANY,
INC.FOR THE CONCESSION AT THE BAYTOWN SPORTS COMPLEX
(EXCLUDING THE SWIMMING POOL)AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That theCity Council of the City of 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.for the
concession at the Baytown Sports Complex (excluding the
swimming pool).A copy of said contract is attached hereto,
marked Exhibit "A,"and made a part hereof forall intents
and purposes.
Section 2:That this ordinance shalltake effect from
and after its passage by the City Council of the City of
Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this 27th day of
March,1975.
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TOM GENTRY,Mayor y
ATTEST:
CA^O^Jb^)
EDNA OLIVER,City Clerk
APPROVED:
SON,City Attorney
EXHIBIT "A"
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THE STATE OF TEXAS X
X CONCESSION LICENSEAND AGREEMENT
COUNTY OF HARRIS X
THIS AGREEMENT,entered into this the Say of
#1975,byand 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."
WI^TNESSETH:
WHEREAS,CITY is the owner of the premises commonly referred
to as the Baytown Sports Complex;and
WHEREAS,CITY desires to have certain concession beverages
and food items available in such Baytown Sports Complex for the
benefit of thepublic;and
WHEREAS,CONCESSIONAIRE is desirous of entering into an
agreement to placeconcession items for sale to the public within
the Baytown Sports Complex as approved by CITY;NOW THEREFORE,
In consideration of the promises,convenants,terms and
conditions herein contained,the parties mutually agree as
follows:
I.
This agreement shall become effective on April 15,1975
and shall terminate on December 31,1975 or by thirty (30)
days written notice givenby one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number and
types of equipment necessary for its operation as specified
by CITY'S Director of Parks and Recreation within the Baytown
Sports Complex (excluding the swimming pool).
P"/^^L ^fl^S /
III.
CONCESSIONAIRE shall pay to CITY,as consideration for
the license hereby granted to operate such equipment,the
following rental:
10%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 eachcalendar month.
Failure to provide such record of receipts or pay such
rentals when due shall constitute a breach of the agreement
and shall be grounds for termination of this agreement by
CITY.
IV.
CONCESSIONAIRE shall keep accurate records of all sales
and receipts in accordance withaccepted 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 due the CITY
under the terms of this agreement.CITY shall further have
the option of having its representative be present when
vending machines are restocked and receipts are removed.
V.
CONCESSIONAIRE shall provide the food and beverage
items approved bythe CITY's Director of Parks andRecreation.
Prices charged by CONCESSIONAIRE shall be approved by CITY.
VI.
CONCESSIONAIRE shall furnish and install,asits 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.
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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 theCITYand all
of its officers,agents and employees from anyand all
claims for losses,injuries,damages and liabilities to
persons or property occasionedwholly or in part by the acts
or omissions of CONCESSIONAIRE,his agents,officers or
employees.
~"'"VIII.
'In the event of the breach of any of the terms or
provisions of 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 ofthis agreement,CON
CESSIONAIRE shall immediately remove all equipment and other
materials relating to its operation.
SIGNED AND ENTERED intothis the day of
1975.
ATTEST:
CITY OF BAYTOWN
BY
Fritz Lanham,City Manager
Edna Oliver,City Clerk
ATTEST:
ALL FOODS CONCESSIONS COMPANY,INC.
BY __T_^_
President
Secretary
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