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HomeMy WebLinkAboutResolution No. 04-22 RESOLUTION NO. 04-~ 0-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE AMENDMENT TO THE HIDDEN COVE PARK CONCESSIONAIRE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND JT'S SNACKS AND RENTALS TO INCLUDE STEWART CREEK PARK FOR CONCESSIONS ONLY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and JT's Snacks and Rentals (Concessionaire) have entered into an AGREEMENT AMENDMENT such that the Concessionaire is to provide the following services: CONCESSION SALES AT STEWART CREEK PARK (NO RENTALS); and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Agreement Amendment with JT's Snacks and Rentals, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Agreement Amendment, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to bc acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 19th day of April, 2004. A___~_/) JXS~n Dilla~, Ma~or ~ _ , , /City of T~ Colony, T/~s Christie Wilson, City Secretary [CtTY SEAL] APPRO .~S~d~M: Robert E. 12Iag~r, ~[pf~ttomey 63918 STATE OF TEXAS § § AMENDMENT TO HIDDEN COVE PARK § CONCESSIONAIRE AGREEMENT COUNTY OF DENTON § This Amendment ("AMENDMENT") is made to the Hidden Cove Park Concessionaire Agreement ("AGREEMENT") entered into by and between the City of The Colony, Texas ("CITY") and JT's, Inc. ("CONCESSIONAIRE") acting by and through their authorized representatives. RECITALS: WHEREAS, the CITY and CONCESSIONAIRE entered into a Concessionaire Agreement on or about the 1st day of April, 2002, for the purposes of CONCESSIONAIRE providing concession operations at Hidden Cove Park; and WHEREAS, Section VIII, subsection (b) of said AGREEMENT provides for CONCESSIONAIRE to have fights of first refusal to provide similar services at Stewart Creek Park; and WHEREAS, CONCESSIONAIRE desires to exercise said right under the terms and conditions provided in the AGREEMENT; and, WHEREAS, the CITY has determined that the AGREEMENT should be amended to allow CONCESSIONAIRE to exercise its right of first refusal at Stewart Creek Park; NOW, THEREFORE, the Parties hereby agree as follows: Section 1. That the AGREEMENT dated April 1, 2002, is hereby amended to provide for CONCESSIONAIRE to provide all concession operations at Stewart Creek Park under the terms and conditions of the AGREEMENT. Section 2.. That except as amended herein, the terms and conditions of the AGREEMENT dated the 1st of April, 2002, shall remain in full force and effect. EXECUTED this /q dayof ~/_ ,.~a~ ,2004. CITY OF THE COLONY, TEXAS Dale Cheatham, City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 Amendment to Hidden Park Cove Concessionaire Agreement Page 1 64257 ATTEST: Christie Wilson, City Secretary APPROVE~~_ RM: Robert Hager, C~mey EXECUTED this day of ,2004. JT's, INC. ! Printed Name: Title: Address: Amendment to Hidden Park Cove Concessionaire Agreemen! Page 2 64257