HomeMy WebLinkAboutResolution No. 04-68 RESOLUTION NO. 04- ~8
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
EXTEND THE TERMS OF THE AGREEMENT TEN YEARS WITH FIVE
YEAR RENEWAL OPTONS, 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 TERMS OF THE AGREEMENT SHALL BE
EXTENDED TO TEN YEARS WITH FIVE YEAR RENEWABLE OPTIONS; 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 be 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 13th day of September, 2004.
Christie Wilson, City Segr~tary
[CITY SEAL]
APP~~
Robert E. Hager~ ~ifAttomey
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 ~S! day of April, 2002, for the purposes of CONCESSIONAIRE
providing concession operations at Hidden Cove Park; and
WHEREAS, Section II of said AGREEMENT provides that the Agreement shall
terminate on March 31, 2007 and give the CONCESSIONAIRE the option to renew the
AGREEMENT for one or more additional terms of five (5) years; and
WHEREAS, CONCESSIONAIRE desires to exercise the option to renew the
AGREEMENT under the terms and conditions provided therein; and,
WHEREAS, the CITY has determined that the AGREEMENT should be amended to
allow CONCESSIONAIRE to exercise the renewal option and extend the AGREEMENT for
an additional ten (10) years, terminating on or about March 31, 2017;
NOW, THEREFORE, the Parties hereby agree as follows:
Section 1. That the AGREEMENT dated April 2002, is hereby amended by amending
Section II to extend the term an additional ten (10) years, creating a termination date of' March
31, 2017, under the terms and conditions of the original AGREEMENT, as amended.
Section 2. That except as amended herein, the terms and conditions of' the AGREEMENT
dated the April i 2002, as amended, shall remain in full force and effect.
EXECUTED this 13th day of September, 2004.
CITY OF THE COLONY, TEXAS
Dale Cheatham, City Manager
Amendment to Hidden Park Cove Concessionaire A~reement
Page 1 6756.3
ATTEST:
Christie Wilson, City Secret~-y
APPROVED~A~TO FORM:
By: ~~~~ Robert I~ager,'Ci~T~[ney
EXECUTED this ~ day of :¢~ 7' ,2004.
JT's, INC.
By:
Printed N~iTme:
Title: [ ~ /~d~,
Address:
Amendment to Hidden Park Cove Concessionaire Agreement
Page 2 6756.3