Ordinance No. 2,435W
ORDINANCE NO. 2435
AN ORDINANCE OF THE CITY COUNCIL
TEXAS, AUTHORIZING AND DIRECTING
THE CITY CLERK OF THE CITY OF BA'
ATTEST TO A CONTRACT WITH HOLMES
CONCESSION AT THE BAYTOWN SPORTS
SWIMMING POOL) AND PROVIDING FOR
HEREOF.
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OF THE CITY OF BAYTOWN,
THE CITY MANAGER AND
(TOWN TO EXECUTE AND
CONCESSIONS FOR THE
COMPLEX (EXCLUDING THE
THE EFFECTIVE DATE
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 Holmes Concessions 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 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 this 23rd day
of March 1978.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
, zL02'�Z�
;S355 T BOUNDS, City Attorney
TOM GENTRY, Mayor
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E X H I B I T "A"
id
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THE STATE OF TEXAS 0
0 CONCESSION LICENSE AND AGREEMENT
COUNTY OF HARRIS 0
THIS AGREEMENT, entered into this the day
of , 1978, by and between the CITY OF BAYTOWN,
a municipal corporation of Harris County, Texas, hereinafter
called "CITY," and HOLMES CONCESSIONS, hereinafter called
"CONCESSIONAIRE."
W I T N E S S E T H:
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 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, 1978 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 equipment necessary for its operation as specified
by CITY'S Director of Parks and Recreation within the
Baytown Sports Complex (excluding the swimming pool.).
III.
CONCESSIONAIRE shall pay to CITY, as consideration
for the license hereby granted to operate such equipment,
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the following rental:
17.50 of gross revenue
provided, however, that CONCESSIONAIRE shall pay CITY a
minimum of Two Thousand and No /100 ($2,000.00) Dollars on or
before December 31, 1978.
IV.
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.
V.
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
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.
VI.
CONCESSIONAIRE shall provide the food and beverage
items approved by the CITY'S Director of Parks and Recreation.
Prices charged by CONCESSIONAIRE shall be approved by CITY.
VII.
CONCESSIONAIRE shall furnish and install, at its
own expense, any equipment, materials, supplies, or other
items required for its proper operation. Such items shall
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remain the property of CONCESSIONAIRE. All maintenance of
such equipment shall be the responsibility of CONCESSIONAIRI,'.
VIII.
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.
IX.
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 of this agreement, CONCES-
SIONAIRE shall immediately remove all equipment and other
materials relating to its operation.
It is specifically agreed and understood that the
parties may extend this agreement for additional terms of
one (1) year by mutual agreement.
SIGNED AND ENTERED into this the day of
, 1978.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
SCOTT BOUNDS, City Attorney
CITY OF BAYTOWN
BY
FRITZ LANHAMP City Manager
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1
ATTEST:
Secretary
HOLMES CONCESSIONS
BY
President
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