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HomeMy WebLinkAboutAgenda Report - January 20, 1982 (40)CITY COUNCIL MEETING JANUARY 24, 1982 1982 CUNnRACT WIT}! Council, on motion of Councilman Katnich, Hughes second, IDDI DODGERS approved the proposed 1982 Contract with the Lodi APPROVED Dodgers Baseball Club and authorized the City bIanager and City Clerk to execute the Contract on behalf of the City. 0 NCIL COMMUNICATI N TO THE CITY COUNCIL DATE NO. FROM THE CITY MANAGER'S OFFICE .:anuary 12, 1982 SUBJECT: LODI DODGERS BASEBALL CLUB CONTRACT Attached is a suggested contract for 1982 between the City of Lodi and the Lodi Dodgers. You will note by the work sheet attached that I am suggesting an increase in various areas, which would in turn bring in approximately 51,1.66.00 additionally for city revenue. In essence this still barely covers all of our costs. You will particularly note that the utilities have increased and a $5.00 additional charge has been added to the use for home dates. The concession prices have been discussed with Mrs. Sprague, and this is what she is recommending. In checking with other concession people, I find them to be generally in line with concessions operated in ball parks or for activities such as baseball, basket- ball, etc. As Director of Recreation and Parks, I recommend that the contract be renewed for 1982. Attach. PROPOSED CHARGES OF 1982 FOR USE OF LAWRENCE PARK BASEBALL DIAMOND BY AND BETWEEN THE LODI LIONS BASEBALL CLUB, INC. DBA LODI DODGERS AND THE CITY OF LODI. W O R K S H E E T Due to increased cost to the City of Lodi for utilities and labor, the following increases are recommended: Labor over and above normal maintenance of field due to Dodger games, based on average 65 -day playing schedule: 46 dates, avg 2 hrs per day or 92 hrs @ $5.00 1460.00 19 dates, avg 5 hrs per day or 95 hrs @ $5.00 475.00 NOTE: 19 dates are weekend dates, with more time needed for cleanup and preparation. Utilities based on present cost of 7J0 per kilowatt hour per light reflects as follows: 80 lights for 3 hrs or 264 kilowatts will cost the City for each night's use $18.94. Suggested charge due to upcoming increases in January and March, as well as taking into consideration light bulb maintenance, should be set at 120 per kilowatt hour. At this rate the City would receive $31.68 per night, or $1,675.00 Misc. costs gypsum, bases, etc. Plus $25.00 per home date (or) 62 home dates @ $25 TOTAL PAYMENT TO CITY Payment in 1981 200.00 1,550.00 $4,360.00 3,194.00 SUGGESTED INCREASE $1,166.00 NOTE: This does not include 10% of concessions other than Dodger games. ESTIMATED REVENUE TO CITY $700.00 THIS LEASE AND CONCESSION AGREEMENT, made and entered into this lst day of January, 1982, by and between CITY OF LODI, a Municipal Corporation, hereinafter called Lessor, and Lodi Lions Baseball'Club Inc., a California corporation, DBA Lodi Dodgers, hereinafter called Lessee. MITNES SETH: This Lease and Concession Agreement is hereby made upon the following.terms: (1) Lessor does hereby lease to Lessee the baseball diamond, office, bleachers, concession Stand, dressing rooms, and all other facilities used in connection with the baseball diamond located at Lawrence Park, Lodi, California, for a term of one year, commencing January 1, 1982, and terminating on December 31, 1982. It is mutually agreed that this Lease contemplates that Lessee shall have the right to conduct California League Baseball games there -in during the 1982 baseball season for approximately seventy (70) games and that during the remainder of the year all of the facilities except the concession stand and office may be used by Lessor or its permittees. The schedule of dates to be used by Lessee sha-11 be these dates accepted and approved by the Recreation and Parke Director of the City of Lodi. (3) Lessee covenants and agrees to pay as rent for the use of said facilities the SUM of $2.,810.00, plus the SUM of $25.00 for each home date played by Lessee during the term of this lease.* Lessee covenants and agrees to pay $1,250.00 of said rental, on or before July 15,. 1982 and the balance of said 5 . . . . . . . . . . . . rentalshallbe paid on or before September 15, 1982. (4) Lessee agrees to permit any person over the age of 65 years to be admitted to the baseball games to be staged by Lessee upon payment of a service charge of 500 per game, when osaid persons over the age of 65 years present to the Lessee a pass which has been issued to him or her by the Director of Recreation and Parks. of the CITY OF LODI. (5X Lessee shall have the right to utilize the Interior surfaces of the fences around the outfield of the diamond for advertising of 4 kind normally found in baseball Parks. Lessor reserves the right to disapprove and cause the removal of any advertisements considered offensive or in bad taste by Lessor. (6) Lessor agrees to maintain the park in accordance with its usual and customary practice, furnish and maintain lighting of the field, and shall be responsible for the cleaning up of all of the leased facilities, including the dressing rooms. o • e - O (?) Lessee may not transfer or assign its rights to conduct baseball games within said Park without the prior written consent of Lessor, provided, however, that Lessee may assign this Lease: to. a subsidiary corporation or,entity.owned and controlled by:Lessee or to tho_Cal iforniaBaseball,League. The Lessee is hereby granted the exclusive right for the: term of the Lease 'to'operate.said'coneession stand at all events held at Lawrence Park, whether such events are sponsored by Lessee or 'others under the following terms and conditions: (a) Lessor shall not_receive any monies from the sale of commodities by Lessee, which sales occur at the regularly scheduled baseball games sponsored by Lessee. From sales at all other events held in said park, Lessee agrees to pay Lessor 10Z of the gross receipts which it or its assignee may receive from the sale of the goods and services that are subject to this concession license. Payment shall be 'made to Lessor on or before the 10th of each month. In this- connection Lessee covenants and , agrees to keep accurate records and books of account of all purchases and sales and does hereby grant to Lessor the right to examine and audit said books at any time that Lessor may desire: (b) Lessee may assign this concession license, but such assignment shall not relieve Lessee from seeing that the terms, covenants and -conditions of. this Agreement are complied with and that true and accurate books of account are kept by any assignee. (c) No merchandise shat, be delivered to customers in bottles and all equipmentnecessary for the carrying out of this Agreement shall,be.pr-ovided by Lessee. (d) The goods sold pursuant to this license, whether by Lessee or its assignee, are to be sold at a price not exceeding the maximum prices, and a price list shall be posted in a conspicuous place in the concession standi ?oda Yater . . ... . . . . . . . 50-0 per 12 ox. 800 Per 19 oz. Ice Cream - assorted, up to . . . . 75.0 per serving Popcorn . . . . . . . . . . . . 600 per serving Nachos . . . . . . . . . . . . . . $1.25 per serving Rot Dogs - 8'• . . . . . . . . . . 90,0 per serving Corn Dogs 5" . . . . . . . . . . . $LOB per serving Polish Dog . . . . . . . . . . . . . $1.50 per serving Polish Dog with Sauerkraut . . . . . 05¢ extra Coffee and Tea . . . . . . . . . . . 400 per 8 oz. Rot Chocolate . . . . . . . . . . 500 per serving French Fries . . . . . . . . . . . . 600 per 5 ox. serving Milk. . . . . . . . . . . . . . . . 50¢ per serving Peanuts (estimated price will change with peanut harvest) . . . 80¢ per serving (PRICE LIST CONTINUED) - 2 - (PRICE LIST CONTINUED) Candy - Assorted up to . . . . . . . 65¢ per serving Sunflower Seeds . . . . . . . . . . 450 per serving Wine and Mine Coolers . . . . . . . 750, $1.25 per serving Beer - Draft . . . . . . . . . . . . 750 per 12 oz. $1.00 per 16 - IS oz. Such other goods as the City Manager of Lessor may permit at the prices set by him. Charges for services not listed herein shall be at prices set by the City Manager of Lessor. (e) Lessee covenants and agrees to supply and have ready for sale the articles of service (of standard brands) required by the demands of the patrons of the events, games, or exhibitions to be conducted in the Lawrence Park Baseball Stadium subject to these specifications and in sufficient quantity to satisfy such demands. Lessee shall have available for sale in sufficient quantities any beverages that may be required by the City Manager of Lessor. (f) Lessee covenants and agrees that it will operate the licensed concession herein granted at all times -when .events, games or exhibitions are being held in the Lawrence -Park Baseball Stadium stand during the effective dates hereinabove set forth. (0 It is understood that the concession portion of this Agreement constitutes merely a license and that Lessee's right to continue hereunder shall continue only so long as each and every one•of the terms, covenants, and conditions of this Agreement are kept. In the event of the failure of Lessee to comply with the terms of this Concession Agreement, the City Manager of Lessor shall have the right to terminate and canee-1 this Agreement after having given Lessee tea days' notize of the purported violations and Lessee's failure to correct the same within said 10 -day period. (10) Lessee shall carry a product liability insurance policy with Lessor named as one of the insureds in an amount of $25,000.00 and will keep the said policy in effect during the terga of this Agreement. (l) Lessee shall provide and keep in -force during the term of this Lease a policy of public liability insurance, insuring against damage or injury to persons or property arising or occurring during the periods of time that Lessee is conducting California League exhibition baseball games on the leased premises, with the limits of $100.,000.00 bodily injury to one person, $300,000.00 injury to two or more persons from any one accident or occurrence, and $23,000.00 for property damage. Said policy of insurance shall name the Lessor as an additional insured and shall contain a provision that the same may not be cancelled except after thirty (30) days' notice to the City Manager of Lessor. A copy of this policy or a Certificate from the insurance company shall be filed with the City Clerk after the same is approved by the City Attorney. 3 - (12) ;It is understood and agreed that all buildings and permanent fixtures, including the office and concession building, are the Property, of. the.,Lessor. Any permanent or attached improvements:made;Ato Lessor's buildings by Lessee shall immediately ., - beeome`the proper'tp oi;Lessor. In the event of damage by fire .or other casualty.to the buildings oivned;by Lessor,. Lessor agrees .to timelq repair, replace; and restore any .such damage during the term of this::•Lease-, Lessor shall' be under no obligation to replace or repair any of Lessee's personal property located on.the demised Premises., This includes, but is not limited to, the replacement of any wall unit air conditioning installed by Lessee. In the event of non -renewal of the within Lease, Lessee will be permitted to remove from the premises all of Lessee's personal property that'has not become permanently affixed to Lessor's buildings. IN WITNESS 1FxEREOF, the parties hereto have hereunto affixed their corporate na mss and seals the day and year first above written. ATTEST: By Alice Re mche, City Clork (Seal) CITY -OF LODI, a Municipal Corporation - 4 - By LESSOR City Vahager LODI LIONS BASEBALL CLUB, INC. By LESSEE President' By LESSEE See-retary. _