Res 1289 4/10/1972RESOLUTION NO. //4 ",
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. That certain contract between the City of
Wichita Falls and C. L. Walton, a copy of which is hereby attached,
which names C. L. Walton as the concession operator at Coyote Stadium,
is hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
SECTION 2. That certain contract between the City of
Wichita Falls and Gary Westmoreland, a copy of which is attached
hereto, which names Gary Westmoreland as the concession operator at
Scotland Park and Hamilton Park, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED THIS the 10th day of April, 1972.
MAYOR
ATTEST:
City Clerk
THE STATE OF TEXAS §
COUNTY OF WICHITA §
WHEREAS, the Board of Aldermen of the City of Wichita
Falls has authorized the City Manager to enter into a contract with
C. L. Walton, 1801 Mc(tegor Street, Wichita Falls, Texas, to be
concession operator at Coyote Stadium, and to execute the contract
on behalf of the City of Wichita Falls.
NOW, THEREFORE, for and in consideration of the sum of
15% of gross sales paid to the City of Wichita Falls by C. L. Walton
and in further consideration of the hereinafter set out terms and
conditions the City of Wichita Falls, Texas, acting by and through
its duly authorized agent, City Manager Gerald Fox, does hereby
grant and convey unto said C. L. Walton, the right to sell commodi-
ties and concessions in the following named area, to-wit:
Coyote Stadium - Fifth Street, Wichita Falls, Texas for
a term commencing April 11, 1972, and ending March 31, 1973.
For and in consideration of the above grant, the said
C. L. Walton does hereby covenant and agree with the City of Wichita
Falls as follows:
I.
That the said C. L. Walton will handle only first class
commodities and concessions and will comply with all health and
sanitation regulations of both the State ,of Texas and of the City
of Wichita Falls, and does hereby agree that all items sold at the
above area will meet with the approval of the Director of the
Wichita Health Unit.
II .
That the places where such commodities and concessions
are sold will be kept in a sanitary condition at all times to the
satisfaction of the Director of the Wichita Health Unit.
2-
That all agents and employees of the said C. L. Walton
will be neat, courteous and honest when dealing with the public in
the sale of said commodities and concessions.'
That the concession rights granted herein shall not be
subject to transfer or assignment, except upon the written approval
of the Director of Parks and Recreation of the City of Wichita Falls,
Texas.
That the said C. L. Walton will carry fire and other
insurable calamity insurance with Insurance Company authorized to
do business in Texas to cover its personal property and equipment
used in the operation of this Contract. The Concessionaire further
agrees that if, during the term of this Contract said personal
property and equipment should be damaged or destroyed by fire or
other cause, said damage shall be repaired and at the sole expense
of the Concessionaire, and the Concessionaire's operation shall be
restored to normal as promptly as possible.
That the said C. L. Walton agrees to hold the City harm-
less from any and all claims, suits, loss or damage, or injury to
persons or property of any kind whatsoever growing out of or in any
way connected with the operation and maintenance of this concession
or in the exclusively occupied area of the Concessionaire. The
Concessionaire will be required to maintain at all times insurance
coverage with an insurance underwriter acceptable to the City against
claims for public liability and property damage. Concessionaire
shall at its own expense and at all times during the term of this
Lease and any extension or renewal thereof obtain and secure for
its and City' s protection public liability insurance in the amount
of $100, 000/$300,000 and property damage insurance in the amount of
3-
50,000. Evidence of insurance and notices of cancellation shall
be furnished to City.
That the said C. L. Walton shall, in case of fire, other
casualty, or other damage should result from an act of neglect or
carelessness by any of the Concessionaire's operation, maintenance
or acts of its employees, give immediate notice in writing to
Lessor. Concessionaire shall thereupon cause the damage to be
repaired forthwith, provided materials, supplies and labor are
reasonably available; if any portion of the premises is rendered
unfit for occupancy, the rent shall be apportioned for the period
of time required to make the repairs, according to the part of the
premises, if any, which remains usable by Concessionaire. If the
entire Coyote Stadium facilities shall be destroyed, then within
thirty (30) days after the fire or other casualty, either Lessor or
Concessionaire may cancel this lease by notice in writing to the
other, effective as of the date of the mailing of the written notice,
except that the rent shall be apportioned as of the date of the fire
or other casualty and Concessionaire shall cause the damage to be
repaired forthwith.
y
EXECUTED this the t ZS day of April, 1972.
CITY OF WICHITA FALLS
By:
Gera G. Fox, ity anager
ATTEST:
e ,//./ 3-eet} 2,4-1.
Wilma J. Thomas, City Clerk
APPROVED AS TO FORM:
0
H. P. Hoige,
4001.
y Attorney
dili
CO '1°-
C. L. Walton, Concessionaire
THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the Board of Aldermen of the City of Wichita Falls has
authorized the City Manager to enter into a contract with Gary Dean
Westmoreland, 1210 Montgomery Street, Wichita Falls, Texas, to be conces-
sion operator in two City parks, and to execute the contract on behalf of
the City of Wichita Falls.
NOW, THEREFORE, for and in consideration of the sum of 16 % of
the gross sales paid to the City of Wichita Falls by Gary Dean Westmoreland
and.in further consideration of the hereinafter set out terms and conditions
the City of Wichita Falls, Texas, acting by and through its duly authorized
agent, City Manager Gerald Fox, does hereby grant and convey unto said Gary
Dean Westmoreland, the right to sell commodities and concessions in the
following named City parks, to-wit:
1 ) Scotland Park - North First at Grand Ave. , Wichita Falls, Texas
2) Hamilton Park - Hamilton Blvd. , Wichita Falls, Texas
for a term commencing April 11 , 1972 and ending September 30, 1972.
For and in consideration of the above grant, the said Gary Dean
Westmoreland does hereby covenant and agree with the City of Wichita Falls
as follows:
I.
That the said Gary Dean Westmoreland will handle only first class
com odities and concessions and will comply with all health and sanitation
r.gulations of both the State of Texas and of the City of Wichita Falls ,
and does hereby agree that all items sold at the above areas will meet with
the approval of the Director of the Wichita Health Unit.
II.
That the places where such commodities and concessions are sold
will be kept in a sanitary condition at all times to the satisfaction of
the Director of the Wichita Health Unit.
That all agents and employees of said Gary Dean Westmoreland will
be neat, courteous and honest when dealing with the public in the sale of
said commodities and concessions.
That the concession rights granted herein shall not be subject to
transfer or assignment, except upon the written approval of the Director
of Parks and Recreation of the City of Wichita Falls, Texas.
2-
That the said Gary Dean Westmoreland will carry fire and other
insurable calamity insurance with Insurance Company/s authorized to do
business in Texas to cover its personal property and equipment used in the
operation of this Contract. The Concessionaire further agrees that if,
during the term of this Contract said personal property and equipment
should be damaged or destroyed by fire or other cause, said damage shall be
repaired and at the sole expense of the Concessionaire, and the Concession-
aire's operation shall be restored to normal as promptly as possible.
That the said Gary Dean Westmoreland agrees to hold the City harm-
less from any and all claims , suits, loss or damage, or injury to persons
or property of any kind whatsoever growing out of or in any, way connected
with the operation and maintenance of this concession or in the exclusively
occupied area of the Concessionaire. The Concessionaire will be required
to maintain at all times insurance coverage with an insurance underwriter
acceptable to the City against claims for public liability and property
damage. Concessionaire shall at its own expense and at all times during
the term of this Lease and any extension or renewal thereof obtain and
secure for its and City's protection public liability insurance in the
amount of $100,000/$300,000 and property damage insurance in the amount of
50,000. Evidence of insurance and notices of cancellation shall be fur-
nished to City.
That the said Gary Dean Westmoreland shall , in case of fire, other.
casualty, or other damage should result from an act of neglect or careless-
ness by any of the Concessionaire's operation, maintenance or acts of its
employees, give immediate notice in writing to Lessor. Concessionaire shall
thereupon cause the damage to be repaired forthwith, provided materials ,
supplies and labor are reasonably available; if any portion of the premises
is rendered unfit for occupancy, the rent shall be apportioned for the
period of time required to make the repairs , according to the part of the
premises , if any, which remains usable by Concessionaire. If the entire
Hamilton Park and Scotland Park facilities shall be destroyed, then within
thirty (30) days after the fire or other casualty, either Lessor or Con-
cessionaire may cancel this lease by notice in writing to the other, ef-
fective as of the date of the mailing of the written notice, except that
the rent shall be apportioned as of the date of the fire or other casualty
and Concessionaire shall cause the damage to be repaired forthwith.
b
3-
EXECUTED this the ///4-- day of April , 1972.
CITY OF WICHITA FALLS
By: Age&dijigli\
Geral: Fox, City .na.er
ATTEST:
Wi ma City Clerk
APPROVED AS TO FORM:
P. Ho , Jr. ,/t e
rrney
dr"; Ddle,G
G.ry/?-an Westmore an , Concessionaire