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Res 079-89 5/16/1989RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE CONTRACT FOR CONCESSIONAIRE AT THE MEMORIAL AUDITORIUM LOBBY WHEREAS, the contract with Josie Pope as concessionaire at the Memorial Auditorium Lobby will expire May 30, 1989; and, WHEREAS, Josie Pope has performed well during the last year; and WHEREAS, the parties desire to amend the contract to extend it for an additional one-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to enter into a First Amendment to the contract with Josie Pope, a copy of which is attached, hereto. PASSED AND APPROVED this the 16th day of May, 1989. i A Y O R ATTEST: a!i C.iytlam- V 112/ City Clerk FIRST AMENDMENT TO CONTRACT FOR CONCESSIONAIRE AT THE MEMORIAL AUDITORIUM LOBBY This First Amendment, made and entered into this the 16th day of May, 1989, by and between the City of Wichita Falls, hereinafter referred to as "City" and Josie Pope, hereinafter referred to as "Concessionaire. " WITNESSETH: WHEREAS, the parties hereto have entered into a one-year contract dated May 31, 1988, for exclusive food and beverage service at the Memorial Auditorium Lobby; and WHEREAS, both parties desire to amend such contract to provide for a one-year extension. NOW, THEREFORE, the parties hereto do hereby agree that the following sections are hereby amended to read as follows: I. Contract Term The term of this contract for the provision of exclusive food and beverage service at the Memorial Auditorium Lobby shall be for the period beginning May 31, 1988 and ending May 30, 1990. This contract may be extended by mutual agreement of the parties on an annual basis. II. B. Hours of Operation 1. The concession stand shall be in operation during performances at Memorial Auditorium, when needed, year-round seven days a week. 2. The Concessionaire shall be required to open the concession stand for each and every performance requiring concession food and featuring a specific intermission time. 3 . The Concessionaire will be required to open concession stand a minimum of one (1) hour before the scheduled intermission time of each performance and the stand should be held open a minimum of thirty 30) minutes following each intermission. 4 . The Concessionaire, if he so chooses, may hold the concession stand open during the entire performance. 5. The Concessionaire must provide the service of the concession stand regardless of the size of a performance and may close down only with the permission of the Memorial Auditorium Manager. 6. The Concessionaire must agree to remain closed during performances whereby the Auditorium lessee has expressly requested that no concession stand be operated and Concessionaire has been given adequate notice by Auditorium Manager. 7. It is the Concessionaire's responsibility to coordinate all scheduled as well as last minute performances with the Memorial Auditorium Manager. This First Amendment executed as of the day and year first set out above. CITY OF WICHITA FALLS By: James Berzina, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney JOSIE POPE ATTEST: Witness