RE 06-25-91.2 RESOLUTION NO. 062591.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, DESIGNATING THE CITY
MANAGER OR HIS APPOINTED DESIGNEE TO EXECUTE CERTAIN CONCESSION
AGREEMENTS RELATING TO PUBLIC PARKS IN THE CITY OF COPPELL.
WHEREAS, the City Council desires to delegate authority to
execute concession agreements relating to Coppell public parks to
the City Manager or his designee, Now therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
Section 1. The City Council hereby designates the City
Manager or his appointed designee to execute a Concession Agreement
hereinafter described as Exhibit "A"; and
Section 2. The City Council hereby designates the City
Manager or his appointed designee to execute similar future
concession agreements relating to Coppell public parks in the form
and manner as in Exhibit "A" attached hereto.
DULY PASSED AND APPROVED BY THE CI~YJ COUNCIL OF THE CITY OF
COPPELL, TEXAS THIS 25 DAY OF JULY, 1991.
APPROVED:
Mark Wolfe, Ma¥or/7of the
City of CoppelL/Texas
ATTEST:
y Secretary
APPROVED AS TO_FORM:
EXHIBIT "A"
STATE OF TEXAS )
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS AND DENTON )
THIS AGREEMENT, MADE THIS DAY OF
199_ BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND KNOWN HEREIN
AS "LESSOR", AND THE
KNOWN HEREIN AS "LESSEE".
W I TNE S SETH
THAT THE SAID LESSOR DOES BY THESE PRESENTS LEASE AND DEMISE UNTO
THE SAID LESSEE THE RIGHT TO OPERATE CONCESSION FACILITIES AT
DURING PERIODS OF TIME WHEN LESSEE IS
CONDUCTING BASEBALL PRACTICE OR SCHEDULED BASEBALL GAMES PURSUANT
TO A SCHEDULE PROVIDED BY LESSEE AND APPROVED BY LESSOR FOR A
TERM OF MONTHS BEGINNING THE
UNTIL THE , FOR THE SOLE PURPOSE OF OPERATING
CONCESSION FACILITIES THEREON AND NOT OTHERWISE: LESSEE PAYING
THEREFORE THE TOTAL SUM OF ALL ELECTRICAL EXPENSES DURING LEAGUE
USE, PAYABLE AT THE CLOSE OF THE REGULAR LEAGUE SEASON, UPON THE
COVENANTS AND CONDITIONS AS FOLLOWS:
1. ANY VEHICLE OR STRUCTURE USED BY THE LESSEE FOR THE
OPERATION OF SUCH CONCESSIONS MUST COMPLY WITH STATE VEHICULAR
INSPECTION STANDARDS AND BE APPROVED BY THE CITY OF COPPELL FOR
ADAPTABILITY AND SAFETY FOR PARK AREAS AND PARK USERS.
PORTABLE CONCESSIONS UNITS WILL BE LOCATED IN AREAS SPECIFIED BY
THE CITY OF COPPELL PARKS AND RECREATION DIVISION.
2. ALL PROCEEDS FROM THE SALE OF SUCH CONCESSIONS SHALL
ONLY BE USED BY THE ,
A NON-PROFIT ORGANIZATION, TO FOSTER AND PROMOTE YOUTH RECREATION
IN THE CITY OF COPPELL, TEXAS.
3. THE CONCESSION FACILITIES SHALL BE OPERATED BY THE
LESSEE ONLY DURING REGULARLY SCHEDULED PRACTICE GAMES, REGULARLY
SCHEDULED LEAGUE GAMES, AND PROPERLY SCHEDULED TOURNAMENTS, AND
IN CONFORMITY WITH ALL OTHER COVENANTS HEREIN CONTAINED.
4. THE LESSEE SHALL PROVIDE AND PAY FOR ANY ADDITIONAL
PUBLIC UTILITIES, ADDITIONS OR IMPROVEMENTS REQUIRED BEYOND THOSE
EXISTING IN THE CONCESSION FACILITY AS PROVIDED. ANY SUCH
IMPROVEMENTS MUST MEET ALL CITY CODES AND BE APPROVED IN WRITING
BY THE PARKS AND RECREATION DIVISION PRIOR TO ANY CONSTRUCTION,
AND BE MADE BY A DIVISION APPROVED CONTRACTOR.
5. THE LESSEE SHALL COMPLY WITH ALL STATE, COUNTY AND CITY
HEALTH REGULATIONS GOVERNING THE PUBLIC SALE OF FOOD AND DRINK.
6. THE LESSEE SHALL RAVE THE RIGHT TO SUBLET THE RIGHTS
AND PRIVILEGES GRANTED BY THIS INSTRUMENT TO ANY PERSON OR PARTY
PROVIDED SUCH PERSON OR PARTY IS SATISFACTORY TO THE LESSOR. A
COPY OF THE AGREEMENT FOR SUBLETTING MUST BE PROVIDED TO THE
LESSOR PRIOR TO THE DATE OF COMMENCEMENT OF CONCESSION OPERATION
AND MUST CONTAIN THE FINANCIAL ARRANGEMENTS BETWEEN THE LESSEE
AND SUB-LESSEE.
7. THE LEASE AGREEMENT IS EXPRESSLY MADE SUBJECT TO THE
PROVISIONS OF THE CITY OF COPPELL PARKS AND RECREATION CODE
ATTACHED HERETO TOGETHER WITH SUCH CHANGES AS SHALL BE
PROMULGATED, VIOLATION OF WHICH SH~LL CONSTITUTE A BREACH OF THIS
AGREEMENT AS IF SUCH PROVISIONS WERE SET FORTH HEREIN.
8. THAT IN CASE OF DEFAULT OF ANY OF THE COVENANTS HEREIN,
LESSOR MAY ENFORCE THE PERFORMANCE OF THIS LEASE IN ANY MODE
PROVIDED BY LAW AND THIS LEASE MAY BE FORFEITED AT LESSOR'S SOLE
DISCRETION IF SUCH DEFAULT CONTINUES FOR A PERIOD OF FORTY-EIGHT
(48) HOURS AFTER LESSOR NOTIFIES LESSEE OF SUCH DEFAULT, AND OF
HIS/ITS INTENTION TO DECLARE THE LEASE FORFEITED, SUCH NOTICE TO
BE SENT BY THE LESSOR BY MAIL AND THEREUPON, UNLESS THE LESSEE
SH~T.L HAVE COMPLETELY REMOVED OR CURED SAID DEFAULT, THIS LEASE
SHALL CEASE AND COME TO AN END AS IF IT WERE THE DAY ORIGINALLY
FIXED HEREIN FOR THE EXPIRATION OF THE TERM HEREOF, AND LESSOR'S
AGENT OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR
DEMAND, TO RE-ENTER AND REMOVE ALL PERSONS AND LESSEE'S PROPERTY
THEREFROM WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS,
AND LESSOR'S AGENT OR ATTORNEY MAY RESUME POSSESSION OF THE
PREMISES.
9. LESSOR SHALL NOT BE LIABLE TO LESSEE OR LESSEE'S
EMPLOYEES, MEMBERS OR CUSTOMERS, FOR ANY DAMAGE TO PERSON OR
PROPERTY CAUSED BY AN ACT OF NEGLIGENCE OF THE LESSEE OR LESSEE'S
MEMBERS. EMPLOYEES OR AGENTS, AND LESSEE AGREES TO HOLD LESSOR
HARMLESS AND TO INDEMNIFY LESSOR FROM ALL CLAIMS ARISING FROM THE
USE OF SUCH FACILITY BY LESSEE. LESSEE SHALL PROVIDE THE LESSOR
WITH A POLICY OF PUBLIC LIABILITY INSURANCE IN A REASONABLE
AMOUNT TO BE AGREED UPON BY THE LESSOR.
10. THE LESSEE SHALL BE SOLELY RESPONSIBLE FOR THE CONTROL
AND CLEAN-UP OF ALL LITTER IN THE PARK AREA(S), WHICH IS
ATTRIBUTABLE TO THE LESSEE'S CONCESSION OPERATION.
11. THE LESSOR SHALL BE RESPONSIBLE FOR THE DAILY
MAINTENANCE OF THE RESTROOMAREAS.
12. THE LESSEE SHALL BE SOLELY RESPONSIBLE FOR THE PAYMENT
OF MONTHLY ELECTRICAL BILLINGS DURING THE PERIOD OF TIME THIS
AGREEMENT IS IN FORCE.
13. THE LESSEE SHALL COMPLY WITH ALL CITY, STATE AND
FEDERAL REGULATIONS CONCERNING SALES TAX, FOOD HANDLERS INSURANCE
AND LIABILITY INSURA/~CE, ETC.
EXECUTED IN DUPLICATE THIS DAY OF ~ 19
Approved:
Mark Wolfe, Mayor
Organization
President
Approved as to Form:
Larry Jackson, City Attorney
WITNESS.RSW