HomeMy WebLinkAboutOrdinance No. 02-1386 CITY OF THE COLONY, TEXAS
O mNANC NO. /Sa !
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH ELEPHINO~ INC. FOR THE PROVISION OF A SHAVED ICE
STAND ADJACENT TO THE RECREATION CENTER; ATTACHING 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 Elephino, Inc. for the provision of a shaved ice
stand adjacent to the Recreation Center. 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.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 1 st day of July 2002.
APPROVED:
emetta Henville-Shannon, Mayor
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
Goff~iTHikel, C. jtS/~c~ rn e y
ELEPHINO, INC.
P.O. BOX 1588 · LEWlSVlLLE, TX 75067
PHONE / FAX: (972) 625-5544
July 22, 2002
Ms. Pam Nelson, Director
Parks and Recreation Department
L~-
City of The Colony ~
5151 North Colony Boulevar~-
The Colony, Texas 75056
Dear Ms. Nelson:
Having our Snowie Shaved Ice concession at the Parks and Recrea-
tion Department building would have been a really fun enterprise for
both of us. With great regret, we must respectfully discontinue our
interest in doing so with you this year.
Your verbal enthusiasm for having us there has been terrific
and we thank the City Council for their approval of it.
Our decision not to continue with this endeavor was based in
large part on the following circumstances;
First, the very nature of a summer business indicates that
arrangements for setting it up should be done in a reasonable
and timely manner, which has not happened so far, and
Second, there seems to be a bias toward the concessionaire
currently operating (JT's) at Hidden Cove Park, which has had
a direct effect on us. At the behest of your department, we
were to be at Stewart Creek Park on July 4, or July 4-7, on a
one-time-only basis. This was cancelled by your people on
July 1, citing the reasons for this were because JT's would
have a concession there, and that afterall, they (JT's) had
right of first refusal over similar concessions to operate
there. We visited Stewart Creek Park July 4-7 and noted that
an exception was made for the barbecue caterer on July 4 and
JT's did not have a concession there at all on those dates.
Page 2
July 22, 2002
Re: Snowie Ice Concession
We sincerely hope that perhaps we can try again next year,
with a firm outline of position of all involved parties from
the outset.
Very truly y94~rs,
President
AGD/mmi
Encl.: Void Contract
cc: Mr. David Swain
THE COLONY RECREATION CENTER
OUTDOOR CONCESSIONAIRE AGREEMENT
WITH ELEPHINO, INC.
This Agreement, entered into this day of ., by and
between the City of The Colony, a municipal corporation of the State of ts, hereinafter
referred to as the "City," and Elephino, Inc., hereinafter referred to as the aire,"
witnesseth:
WHEREAS, City is the own-~r of the premises commonly { and
WHEREAS, Concessionaire is desirous of leasing a portio said park to operate as a
food concession on such leased premises; and
NOW, THEREFORE, IN CON5 OF THE PROMISES,
CONVENANTS, TERMS AND COND [O CONTAINED, THE PARTIES
MUTUALLY AGREE AS FOLLOWS:
City Park next to the Recreation Cent~ playground/outdoor basketball court.
of Agreement
1. The term of this A commence on May 1st, and terminate on October 31st
of each year unless hereinafter provided.
2. This lease term lly renewed each year unless either party gives
fourteen (14) that they wish to terminate the lease.
III. Rental
1. Concessi< pay as rental:
a. The .... y rent orS100.00; and
b. 4~ofthe total gross sales for the month.
/..
2. Such/rentals shall be paid at the office of the Director of Parks and Recreation in the
follow~/~ann~r:,
/a. The basic monthly rental shall be payable in advance on the first day of each and
/ ,_ e~v,,ery, month; and
_b._ All checks shall be made payable to the City of The Colony and any overdue
_
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rentals shall bear interest at the rate of 5 % per month.
3. Failure to pay the rental when due shall constitute a breach of the Agreement and shall
grounds for termination of the Agreement by the City.
4. The base monthly rent shall be prorated for any partial month of concession op~
IV. Gross Income Statement
Concessionaire shall present a statement of the gross income of the concessi, the month at
the office of the Director of Parks and Recreation no later than the 10th of, Failure to
comply shall constitute a breach of this Agreement.
V. Inspection of Records
Concessionaire shall keep accurate records of all sales and re~ ~ts in accordance with such
bookkeeping systems as City may approve; and City shall the right to inspect the books,
records and inventories of the Concessionaire at time for the purpose of
ascertaining the correct amounts due the City of this Agreement.
VI. Pert: :urity
Concessionaire shall deposit with the and Recreation, without interest, legal
tender or a certified or cashier's check equal to two months' basic rental as security
for the full and faithful performance by Concessionaire and which may be
used by City for the purpose ty default in the performance of any of the terms of
this Agreement. In lieu thereof, naire may post bond in said sum, executed by a surety
or sureties approved in writin irector of Parks and Recreation and the City Attorney,
naming City as obligee and Conce as principal. Said security or the balance thereof
shall be returned to Concessi; only after Concessionaire has fully performed this
Agreement.
VII. Scope of Concession
1. Concessionaire provide food services to the general public without discrimination as
to race, color or cre, Sales shall be limited to flavored shaved ice, soda or water, ice, or other
related items as a upon by the Concessionaire and the Director of Parks and Recreation.
2. The p charged by Concessionaire for services, food and drinks shall be reasonable
and sh e in excess of prices prevailing elsewhere for the same kind and quality of service.
3. no time shall Concessionaire sell or give away any alcoholic beverages, or allow any
alc{ beverages to be consumed on the premises.
Concessionaire shall not allow any person to live or sleep on the premises, nor shall he
THE COLONY RECREATION CENTER OUTDOOR CONCESSIONAIRE AGREEMENT
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permit disorderly persons to remain upon or loiter within the demised premises.
5. Concessionaire shall not use or permit the premises to be used for any other
for any unlawful, immoral or indecent activity. Concessionaire shall confine his activities the
area rented by him under the terms of this Agreement.
6. Concessionaire will provide the following:
a. Free standing concession building and all equipment;
b. Food and drink items, cleaning supplies, and any equipment
Concessionaire may feel is needed; and
c. Proof of liability insurance.
VIII. Alteration, Repairs or Imt
1. Concessionaire shall not make any alterations, repairs, or to the concession
area or to the area immediately surrounding the park without the prior written consent
of the Director of Parks and Recreation. any alterations, repairs or
improvements shall be in writing. Any such repairs or improvements shall
be made at the expense of Concessionaire and shall b the property of City.
2. Concessionaire shall not post any signs obtaining the prior written consent of the
Director of Parks and Recreation.
IX. Mn cession Area
Concessionaire shall be reasonable and proper care of the concession area.
Concessionaire shall repaired, any damages to said property caused by it,
it's employees, agents, guests Concessionaire shall keep and maintain the concession
area in a clean and sanitary c, and shall comply with all City Codes and Health
Department requirements, shall provide adequate garbage and refuse containers
that shall conform in to the existing containers in the park area. If the
Concessionaire fails to this obligation and the City must compensate services, the
Concessionaire will be .gated to reimburse the City for the services provided.
X. Utilities, Taxes and Other Charges
Concession install at no cost to the City, any required electrical connections, outlets, air
conditioning etc., in accordance with existing City Codes. Concessionaire shall contract
for and all utility services, taxes, or other charges incurred or assessed against the
o the concession herein granted, provided, however, that City shall provide water
to Concessionaire, for the sole purpose of operating said concession.
XI. Compliance with Laws
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Concessionaire shall observe and comply with all laws, statutes, ordinances, rules and
regulations of the United States Government, the state of Texas, the City of The Colony
County of Denton, or any department or agency of the above.
XII. Equipment
Concessionaire shall furnish and install at his own expense any equipment, materials
supplies, etc., required by him for the proper operation of the concession. ~
equipment shall be placed and installed only upon the written approval of the Di of Parks
and Recreation. Concessionaire will have the option to remove any by
Concessionaire, providing the park area is restored to its original condition ssionaire's
expense, upon removal.
XIII. Hours of Operation ~
Concessionaire may operate said concession during mutually upon hours between
Concessionaire and the Parks and Recreation Director. upon hours shall be in
writing.
)CIV. Desl
If during the term of this Agreement the demised are destroyed or damaged by acts of
God, war or other catastrophe, so that th{ for occupancy or use, the rentals shall
abate until such time that said premises shall been duly repaired and restored by City,
whereupon the lessee at his this lease or continue thereun.der pursuant to
the terms and conditions of this ~ prorated portion of any rental prepaid, prior to
such destruction or damage by this paragraph, shall be refunded for the period
Concessionaire was not all( ?the premises.
ubletting and Assignments
Concessionaire shall not suble whole or any part of the premises, nor assign, hypothecate, or
mortgage the lease and A or any or all of its rights hereunder without the prior written
consent of the Director of and Recreation.
XVI. Indemnity
Concessionaire sJ~l so conduct its activities upon the premises so as not to endanger any person
lawfully thereo~; and shall indemnify, save and hold harmless City and all of its officers, agents
and employe~.from, any and all claims for losses, injuries, damages and liabilities to persons or
property o,*basioned wholly or in part by the acts or omissions of Concessionaire, its agents,
officers~/mplo~-s~ guests, patrons, or any person or persons admitted to said premises while
sa~/r~mises are used by or under the control of Concessionaire.
_ _ XVII. Insurance
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1. Concessionaire shall obtain, at its own cost and expense, the following insurance
coverage with insurance companies licensed in the State of Texas and shall provide a certific;
of insurance as evidence of such coverages on the City of The Colony Standard Ins
Certificate.
Comprehensive General Liability:
With a minimum combined single limit of liability for bodily injury and damage
of $500,000 per occurrence and annual aggregate. The coverage shall include:
a. Premises and operations;
b. Products and completed operations;
c. Independent contractors;
d. Contractual liability; and
e. Personal injury liability (coverages A, B &C).
2. All insurance required herein shall be secured from an company or companies
that shall have been approved by the Director of Parks and and the City Attorney, and
shall name City as an additional assured therein. All ins' premiums shall be the obligation
of, and shall be paid by, Concessionaire. and evidence of the initial
payments made thereunder shall be deli of Parks and Recreation at the
signing of this Agreement, and shall be the term of this Agreement. During the
term of this Agreement, Concessionaire shall )osit with City all evidence of additional
premium payments made under sai~ insurance policy shall contain a clause
whereby the insurance company shall tve written notice to the Director of Parks and
Recreation thirty (30) days or alteration of said policy.
3. The insurance carrier waive:
a. Any ri ~f [aim or any other deduction, whether by attachment or
otherwise, may have against the City; and
b. Any gation against the City
XVIII. Breach of Contract
In the event of any bre of any of the terms or provisions of this Agreement, City shall have, in
addition to any recourse, the right to terminate this Agreement, to enter and obtain
possession of the premises, to remove and exclude any and all persons from the premises,
and to remove exclude all property of Concessionaire therefrom, all without service of notice
or resort to le process and without any legal liability on its part.
XVIX. Inspection by City
thi have the right to make inspections at any reasonable time to insure compliance with
THE COLONY RECREATION CENTER OUTDOOR CONCESSIONAIRE AGREEMENT
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XX. Surrender of Premises Upon Termination
Upon the termination of this Agreement, Concessionaire shall peaceably surrender
up possession to City of the demised premises, including all improvements or additio: them,
in good order and condition, reasonable wear and tear excepted.
THE CITY OF THE COLONY ELEPHINO, INC.
By: By:
Dale Cheatham, City Manager Ann Dye,
ATTEST:
Patti A. Hicks, TRMC
City Secretary
Approved as to Form: Approved as to Content:
City Attorney The Colony Parks and Recreation
Department Director
Date: Date:
THE COLONY RECREATION CENTER OUTDOOR CONCESSIONAIRE AGREEMENT
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