Res 171-96 11/5/1996RESOLUTION NO. t1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMEMDNENT TO THE CONCESSION AGREEMENT BETWEEN
THE CITY AND INTERSPACE SERVICES, INC.; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on September 3, 1996, the City and Interspace Services, Inc., entered into a
concession agreement to provide for the operation of an advertising concession at the Wichita
Falls Municipal Airport; and,
WHEREAS, the parties desire to amend certain provisions of such agreement to provide
for the clarity of the respective parties' obligations and services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager be and is hereby authorized to execute an amendment to
the concession agreement between the City of Wichita Falls and Interspace Services, Inc., in
accordance with Exhibit "A," attached hereto and made a part hereof for all purposes.
SECTION 2. It is hereby found and determined that the meeting at which this resolution
was passed was open to the public as required by law.
PASSED AND APPROVED this the
5th day of November, 1996.
ze,
MA Y O R
ATTEST:
ity Clerk
AMENDMENT TO CONCESSION AGREEMENT
This Amendment to Concession Agreement ("Amendment") is entered into
this the day of 1996, by and between the City of Wichita
Falls, Texas, hereinafter referred to as "City," and Interspace Services, Inc., d/b/a
Interspace Airport Advertising, hereinafter referred to as "Concessionaire."
WITNESSETH:
WHEREAS, City and concessionaire entered into a Concession Agreement
dated September 3, 1996, for the operation of the advertising concession at the
Wichita Falls Municipal Airport ("Agreement"); and,
WHEREAS, the parties desire to amend certain provisions therein
contained.
NOW, THEREFORE, City and Concessionaire, in consideration of the
mutual covenants herein contained and intending to be legally bound, hereby agree
to amend the Agreement as follows:
1. Subartide 3.4 is hereby amended to read as follows:
3.4 The specific locations for back-lit displays, product cases, poster
boards, telephone boards and other advertising will be selected and approved
by the City Manager as indicated on Exhibit "A," attached hereto, with
revisions as mutually agreed upon to be attached and substituted as Exhibit
A" as the need or advertising opportunity dictates. The Concessionaire shall
have an exclusive right to use such Assigned Areas for advertising purposes.
All locations selected are subject to relocation at any time at the City's
discretion. Should the City, its architect and the Concessionaire disagree on
any advertising locations, the City's decision shall be final. However, the City
shall provide sufficient acceptable advertising locations to allow
Concessionaire to meet its Airport equipment and service costs."
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2. Subarticle 10.2 is hereby amended to read as follows:
10.2 Concessionaire shall pay, or in good faith contest, on or before their
respective due dates, to the appropriate collection authorities, all federal,
state and local taxes and fees which are subject to being levied upon the
Assigned Areas, or upon Concessionaire, or upon the business conducted on
the Assigned Areas by Concessionaire; provided, however, that it is
understood and agreed by the parties that this Agreement represents the
granting of a limited right to the use of the Assigned Areas for advertising
purposes and that nothing in this Agreement shall be deemed a lease of real
property to Concessionaire. Concessionaire shall maintain in current status
all federal, state, and local licenses and permits required for the operation of
the business conducted by Concessionaire."
3. Subarticle 13.3 is hereby amended to read as follows:
13.2 In the event any condition of default or other event of cancellation
shall occur, Concessionaire shall, then, or at any time thereafter while any
such condition is continuing, have the right, at its election, to terminate this
Agreement by giving at least ten (10) days written notice to Airport.
Concessionaire shall, upon the passing of ten (10) days, quit and surrender
the Assigned Areas to the City, whereupon Concessionaire shall be
reimbursed by the Airport for the undepreciated portion of the display
equipment (per a ten-year depreciation schedule substantiated by actual
invoices) only for that equipment custom designed or finished for use
specifically in the Airport."
4. Subarticle 21.17 is hereby amended to read as follows:
21.17 Right of Relocation - The City reserves the right to relocate the area or
areas in which Concessionaire is granted the privilege to conduct its
business. Such relocation demands shall be provided to Concessionaire in
writing from the City within sixty (60) days of such needed action. In such
instance, the actual, direct cost to Concessionaire for the movement of its
improvements and equipment shall be borne by the City."
5. Except as expressly modified hereby, all other terms and conditions of the
Agreement shall continue in full force and effect and the parties hereby ratify
and confirm their rights, duties and obligations thereunder.
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IN WITNESS WHEREOF, the above parties have executed this
Amendment as of the date and year first above written.
CITY:
TY 0 WICHITA FALLS, TEXAS
By: .darj .—: Air•
J. s:esBe ' •a, ityM-., . _er
Attest:
U1 & ) U . lUWJ
Cit' Clerk
CONCESSIONAIRE:
INTERSPACE SERVICES, INC., D/B/A
INTERSPACE AIRPORT ADVERTISING
Attest:
By:
Marianne Lieberman, President & CEO
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