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HomeMy WebLinkAboutOrdinance No. 800 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 800 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY IVLadgAGER TO ENTER INTO A CONTRACT WITH Frank Shores; FOR THE OPERATION OF A CONCESSION STAND AT TIvIE COLONY AQUATIC PARK; ATFACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Frank Shores for the operation of a concession stand at The Colony Aquatic Park. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. I DUL~SSED AND APPROVED by the City Council of the City of The Colony, Texas this Z_~ day of /~.,v~/~_ , 1993. William W. Manning, Mayor ,~ ATI'EST: Patti A. Hicks, CMC/AAE City Secretary APPROVED AS TO FORM: City Attorney THE COLONY AQUATIC PARK CONCESSIONAIRE AGREEMENT This agreement is entered into by the City of The Colony, Texas, hereinafter referred to as the !'City", and Frank A. Shores, hereinafter referred to as the "Concessionaire". A. CONCESSIONAIRE WILL PROVIDE THE FOLLOWING: 1. Food and drink items, cleaning supplies and any necessary equipment concessionaire may feel is needed in addition to existing equipment. 2. Responsibility for cleaning of concession building, emptying all trash in concession area and pavilion. 3. Compliance with all Health Department requirements. 4. Proof of liability insurance. 5. Operation of the concession stand during public swim season from Memorial Day, May 25, 1992 through Labor Day, September 7, 1992. with the following hours of operation: Tuesday - Saturday - 12:00 Noon - 8:00 p.m. Sunday - 1:00 p.m. - 6:00 p.m. Concessionaire shall have the option to open for special events. Hours of operation may be extended at the discretion of the concessionaire. B. INDEMNITY 1. Concessionaire agrees to save, protect, defend and hold harmless the City of The Colony from any and all suits, claims, causes of action of public liability, which may arise out of the Concessionaire,s operation to the extent provided by law. C. CITY WILL PROVIDE: 1. Building, utilities and maintenance of existing equipment. D. TERMS 1. Concessionaire agrees to pay to the City of The Colony, Texas, 15% of gross revenues each month of operation. Concessionaire agrees to furnish to the Finance Department of the City of The Colony a monthly financial statement to be due no later than the 5th of each month. / 2. This agreement shall remain in effect through the time period specified above, unless written notice to extend the agreement is executed by both parties not later than fifteen (15) days prior to the expiration of the agreement. This agreement may be terminated by either party with thirty (30) days written notice. AGREED to on this the 19th day of APril , 1993.~<.~.~.~.~.~.~.~ THE CITY OF THE COLONY: Frank A. Shores: ''']~]]]]]']'~']']'i' By: By: ......... William M. Hall Frank A. Shores City Manager Route 2, Box 341 G-3 Frisco, Texas 75034 ATTEST: Patti A. Hicks, CMC/AAE City Secretary