HomeMy WebLinkAboutOrdinances Book 16, Page 84, No Resolution NumberA RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF
OF THE CITY OF PADUCAH, A GRANT OF CONCESSION TO L. CHOATE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY
SECTION 1. That the City Manaper be, and•he is hereby,
authorized and directed to enter into, on behalf of the City of
Paducah, Kentucky, a Grant of Comcession from the City to L. Choate,
which Grant of Concession is in words and figures as follows:
"THIS GRANT OF CONCESSION from the City of Paducah, Kentucky,
party of the first part (hereinafter known as the "City") and L.
CHOATE, party of the second part (hereinafter known as the "Con-
cessionaire"):
WITNESSETH:
A concession is hereby granted to the Concessionaire subject
to the following provisions which are hereby made a part of this
GRANT OF CONCESSION:
DEFINITION:
The term "Concession" as used herein shall mean the right to
sell food, candy, soft drinks and other appropriate items in Brooks
Stadium.
THE CONCESSIONAIRE AGREES:
(1) To provide such equipment and materials as are necessary
to the operation of a concession stand in Brooks Stadium.
(2) To purchase and offer for sale the food, candy, soft
drinks and other appropriate items to be sold through
the concessionaire;
(3) To limit operation of the concession to such hours as
the City may approve;
(4) To pay promptly all expenses attributable to the con-
cession herein granted and to hold the City free and
harmless from the payment of all debts, taxes or liaL
bilities which may be incurred by concessionaire;
(5) To furnish, if requested, receipted bills in evidence
of the fact that all expenses for materials and merchandise
attributable to the concession have been paid, together
with sworn affidavit that no person, firm or corporation
can assert a mechanics lien against the park property
by reason of any labor performed or materials used or of
any merchandise furnished in connection with the con-
cession;
(6) To maintain, as a condition of the concession, the pre-
mises of Brooks Stadium proper, keepine such property
free of trash;
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(7) To pay to the City monthly the sum of five percent (5%)
of all gross receipts received by the Concessionaire from
the concession.
(S) To pay its occupational license taxes and to abide by
all applicable statutes and ordinances, and all ap-
plicable rules and regulations relating to food and
other items offered .for sale, now in effect or which
may hereafter be enacted.
THE CITY AGREES:
(1) To keep the Concessionaire in quiet possession of the
concession stand at Brooks Stadium during such times of
operation as are approved by the City;
(2) To assure the Concessionaire during the term of this
grant the exclusive right to operate the Brooks Stadium
concession.
It is understood and agreed that this Grant of Concession
shall be null and void and forfeited, at the .option of the City, upon
the violation by the Concessionaire of any of the foregoing provision
and in such event no notice to quit or demandfor possession shall
be necessary. The failure on the part of the City to exercise its
option in connection with any particular violation shall not be
construed as a waiver of any such provisions, and continued or
further violation shall subject the Concessionaire to forfeiture of
this Grant of Concession.
THIS.GRANT OF CONCESSION shall begin April 1, 1967 and con-
tinue through the 1967 baseball season, upon the above terms
unless altered during the term of this grant through mutual agree-
ment of the contracting parties."
SECTION 2_ This Resolution shall be in full force and effect
from and after its adoption.
Passed by the Board of Commissioners March 28, 1967
Recorded by Sarah Thurman, City Clerk, March 28, 1967.