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R-93-05-27-10J - 5/27/1993xs/RRviaCCORms LICENSE AND CONCESSION AGREEMENT This Agreement is made by and between the City of Round Rock, Texas, hereinafter referred to as the City, and Gibby Dean, hereinafter referred to as Dean. The purpose of this agreement is to state the terms and conditions under which the City will grant to Dean a license and concession for providing certain goods and services to the public on property owned by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. This license and concession is granted to Dean for use of the property owned by the City and known as Old Settler's Park for the purpose of offering and providing to the public the following goods and services: horseback riding, horsedrawn rides, cowboy breakfasts and suppers, cowboy shows, pony rides, gifts and souvenirs relating to these activities, and photography services relating to these activities. 2. The City and Dean shall mutually establish the prices to be charged to the public for any and all of the goods and services subject to this agreement. 3. In exchange for the granting of this license and concession, the City shall retain a portion of the fees received for the goods and services provided by Dean. The City shall collect all fees, retain the percentages set forth in Exhibit A, and pay over the remainder to Dean. 4. The license and concession granted herein shall not be exclusive in Dean and the City shall have the right to grant or permit other persons to offer or provide the same or similar goods and services during the term of this agreement. 5. The term of this agreement shall be for a period of two years beginning June 1, 1993. 6. Either party may terminate this agreement on thirty days' prior written notice to the other party. 7. Dean shall comply with all applicable federal, state, county, and city statutes, ordinances, and regulations. 8. Dean shall indemnify and save harmless the City and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description for injury or death to any person or persons or damage to any property, arising out of, or occasioned by, the negligent acts of Dean, his agents or employees, in the performance of this agreement. 9. Dean shall secure and maintain public liability insurance in an amount not less than $500,000 insuring against injury or death to persons and damage to property arising out of Dean's performance of this agreement. 10. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 11. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 2. 12. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Dated: , 199 3. G oute 1, Box 1 Hutto, TX 78634 CITY OF ROUND ROCK, TEXAS By: CHARLES CULPEPP,3k, Mayor EXHIBIT A Amount Retained By Services City Horseback Rides 16% Horsedrawn Rides 16% Cowboy Breakfasts /Suppers 10% Cowboy Shows 10% Souvenirs 10% Photographs 10% 4. WHEREAS, the City of Round Rock desires equestrian services for Old Settlers Park at Palm Valley, and WHEREAS, Gibby Dean has submitted an agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Gibby Dean for equestrian services for Old Settlers Park at Palm Valley, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of May, 1993. ATTEST: NE LAND, City Secretary KSJRS05273J RESOLUTION NO. P- '7 3 - 05 - 7-10J CHARLES CULPEPPEPf/ Mayor City of Round Rock, Texas LICENSE AND CONCESSION AGREEMENT This Agreement is made by and between the City of Round Rock, Texas, hereinafter referred to as the City, and Gibby Dean, hereinafter referred to as Dean. The purpose of this agreement is to state the terms and conditions under which the City will grant to Dean a license and concession for providing certain goods and services to the public on property owned by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. This license and concession is granted to Dean for use of the property owned by the City and known as Old Settler's Park for the purpose of offering and providing to the public the following goods and services: horseback riding, horsedrawn rides, cowboy breakfasts and suppers, cowboy shows, pony rides, gifts and souvenirs relating to these activities, and photography services relating to these activities. 2. The City and Dean shall mutually establish the prices to be charged to the public for any and all of the goods and services subject to this agreement. 3. In exchange for the granting of this license and concession, the City shall retain a portion of the fees received for the goods and services provided by Dean. The City shall collect all fees, retain the percentages set forth in Exhibit A, and pay over the remainder to Dean. 4. The license and concession granted herein shall not be exclusive in Dean and the City shall have the right to grant or KS/RR/LIGICREE permit other persons to offer or provide the same or similar goods and services during the term of this agreement. 5. The term of this agreement shall be for a period of two years beginning June 1, 1993. 6. Either party may terminate this agreement on thirty days' prior written notice to the other party. 7. Dean shall comply with all applicable federal, state, county, and city statutes, ordinances, and regulations. 8. Dean shall indemnify and save harmless the City and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description for injury or death to any person or persons or damage to any property, arising out of, or occasioned by, the negligent acts of Dean, his agents or employees, in the performance of this agreement. 9. Dean shall secure and maintain public liability insurance in an amount not less than $500,000 insuring against injury or death to persons and damage to property arising out of Dean's performance of this agreement. 10. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 11. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 2. 12. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Dated: V V� , 1993. 3 . GIBBY DEAN Route 1, Box 17 Hutto, TX 78634 CITY OF ROUND ROCK, TEXAS EXHIBIT A Amount Retained By Services City Horseback Rides 16% Horsedrawn Rides 16% Cowboy Breakfasts /Suppers 10% Cowboy Shows 10% Souvenirs 10% Photographs 10% 4 . DATE: May 25, 1993 SUBJECT: City Council Meeting, May 27, 1993 ITEM: 10.J. Consider a resolution authorizing the Mayor to enter into an agreement with Gibby Dean for equestrian services in Old Settlers Park at Palm Valley. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: Approval It is the Parks and Recreation Department's goal to provide diversified program opportunities for our customers. This agreement will allow us to expand our programming to include equestrian and cowboy activities. ECONOMIC IMPACT: By contracting a concessionaire to provide these services, the City does not have to make a capital investment but can participate in revenue generated.