Ordinance No. 1,960ORDINANCE NO.1960
AN ORDINANCE OF THE CITY COUNCIL OF THECITY OFBAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER ANDTHE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH JOHN ADAMS CONCESSIONS 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 the City Council of the City of Baytown,
Texas,hereby authorizes and directs the City Manager and the
City Clerk of the City of Baytown to execute and attest to a
contract with John Adams Concessions forthe 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 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 PASSED by the affirmative vote of
the City Council of the City of Baytown this26th day of
February,1976.
TOM GENTRY,Mayor \/
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
EXHIBIT "A"
140
THE STATE OF TEXAS jj
0 CONCESSION LICENSE AND AGREEMENT
COUNTY OF HARRIS 5
THIS AGREEMENT,entered into this the day of
,1976,by and between the CITY OFBAYTOWN,a
municipal corporation of Harris County,Texas,hereinafter
called "CITY,"and JOHN ADAMS CONCESSIONS,hereinafter
called "CONCESSIONAIRE."
W.ITNESSETH:
WHEREAS,CITY is the owner of the premises commonly
referred toas 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 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,convenants,
terms and conditions herein contained,the parties mutually
agree as follows:
I.
This agreement shall become effective immediately
and shall terminate on December 31,1976 or by thirty (30)
days written notice given by one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number
and types of equipmentnecessary for its operation as specified
by CITY'S Director of Parks and Recreation within the Baytown
Sports Complex (excluding the swimming pool).
III.
CONCESSIONAIRE shallpay to CITY,as consideration
for the license hereby granted to operate such equipment,
the following rental:
15%of Gross Revenue or $1,500.00,which
ever is greater
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 shall be grounds for termination of this agreement by
CITY.
IV.
CONCESSIONAIRE shall keepaccurate 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 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 and Recreation.
Prices charged by CONCESSIONAIRE shall be 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 bethe 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 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.
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 removeand exclude all property of CONCESSIONAIRE
therefrom.Upon the termination of this agreement,CONCESSIONAIRE
shall immediately remove all equipment and other materials
relating to its operation.
IX.
It is specifically agreed and understood that the
parties may extend this agreement for additional terms of
one (1)yearby mutual agreement.
SIGNED AND ENTERED into this the day of
,1976.
CITY OF BAYTOWN
BY
FRITZ LANHAM,City Manager
ATTEST:
EILEEN P.HALL,City Clerk
JOHN ADAMS CONCESSION
BY
President
ATTEST: