Ordinance No. 4,92780225 -2
ORDINANCE NO. 4927
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
• WITH BAYTOWN GIRLS' SOFTBALL ASSOCIATION FOR OPERATION
OF FOOD AND BEVERAGE CONCESSIONS AT THE GRAY 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 City of Baytown,
Texas, hereby approves a contract with the Baytown Girls'
Softball Association and authorizes and directs the City Manager
and City Clerk of the City of Baytown to execute and attest to
said contract for operation of food and beverage concessions at
the Gray Sports Complex. A copy of said contract is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ
City Council of the
February, 1988.
and PASSED by the affirmative vote of the
City of Baytown, this the 25th day of
L-
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
® NDALL B. STRONG, City orney
C:1:38:4
E
C
80225 -2a
THE STATE OF TEXAS, S
5 AGREEMENT
COUNTY OF HARRIS 5
THIS AGREEMENT, entered into this the day of
, 19 , by and between the CITY OF BAYTOWN, a
municipal corporation of Harris County, Texas, hereinafter called
"CITY," and Baytown Girl's Softball Association, hereinafter
called "CONCESSIONAIRE."
W I T N E S S E T H
WHEREAS, the CITY is the owner of the premises commonly
referred to as the Gray Sports Complex; and
WHEREAS, the CITY desires to have certain concession
beverages and food items available in such Gray 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 Gray Sports Complex as approved by CITY; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
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
renew annually on December 31st, unless thirty (30) days written
® notice to terminate is given by one party to the other.
:7
a
a
U
II
80225 -2b
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 Gray Sports Complex
(excluding the swimming pool).
III
CONCESSIONAIRE, as consideration for the license hereby
granted to operate such equipment, will be responsible for daily
field maintenance of fields F & G including, but not limited to
the following: watering infields, dragging infields, marking
fields on game days, filling holes around bases daily,
maintenance of bases after first sets are installed, working
fields after rain days to make them playable, etc. Be
responsible for minor maintenance of the scoreboards on fields F
& G during playing season, and the P.A. systems after initial
installation on fields F & G, and minor repairs to fields F & G
or the pressbox on G.
IV
It is understood that the CONCESSIONAIRE will be responsible
for total operation of both concessions during the entire
softball season from February lst through October 1, 1988.
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 approved by CITY.
- 2 -
A
'.7
0
•
[I]
VI
80225 -2c
CONCESSIONAIRE shall furnish and install, at 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 its 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, its agents, officers or employees.
VII
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, CONCESSIONAIRE shall immediately
remove all equipment and other materials relating to its
operation.
IX
® It is agreed and understood that this contract may not be
assigned without the prior written permission of the Director of
Parks and Recreation of the CITY.
- 3 -
•
Ll
E
SIGNED and ENTERED into this the
19
®CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
S:5:23:1
C7
C7
80225 -2d
FRITZ LANHAM, City Manager
day of
BAYTOWN GIRL'S SOFTBALL ASSOCIATION
President
- 4 -
A
C
7