HomeMy WebLinkAboutAgenda Report - March 2, 1983 (41)�''.. CITY COL —IT, MEETING
MARCH 2, 1983
REutJ,R CALENDAR Following introduc'Ition of the matter by City Manager
Giaves, Council, on motion of Council Member Pinkerton,
I ACREEMEW WITH Mumhy second, approves', an Agreement between the City
LODI DODGERS of Lodi and the Lodi Dodgers Baseball Club for 1983
RASESAI,L CLUB and authorized the City Manager and City Clerk to
f'OR 1983 APPROVED execute the Agreeimnt on behalf of the City.
y��`yU••.. _
i int _
_
r .�,
FL
y �s
t
7AR
}may' S. S 1.
41
f..._
s+ t yt } s1
baa fib'"S+,,
-
��
� _.,i ��Ci�r ry At r -i c- .y 1. < g �s ?,;1k���7,�•glt�Yv`����'1. -y,,
15 9.dh•n � �, i t Y - r I s L`F"ay >,t � r Mt
r
OUNCIL C(?MA'tUNICATI
TO THE CITY C0IMICItDATE D NO.
FROM: TNI CITY MANAGER'S OFFICE February ,
SUBJECT: LODI DODGERS BASEBALL CLUB CONTRACT 1?3 FEB �'
CITY CLERK
U T
I recommend that the attached contract between the
City of Lodi and the Lodi Dodgers Baseball Club be
renewed for 1983.
In reviewing last year's costs and this year's possible
increases, the City should still be adequately compen-
sated:regarding the Dodgers Baseball Club. Last year's
increase should hold for this year. We have had a very
amicable working relationship with Mrs. Sprague, I feel,
and she is trying very hard to provide a good operation
for all conc r-ned, showing her willingness to cooperate
wi h the Department and other baseball clubs using the
fazility. The revenue from the Dodgers was $5,296.00
for the past season as compared to $3,234.06'for 1980-81.
Ed DeBenedetti, Director
Recreation and Parks Dept.
Attach.
CITY COUNCIL
JOHN
N M. OLSON, Mayor
►OHCITY OF L O D I
N R. !Randy) SNIDER
Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET
ROBERT C. MURPHY POST OFFICE 90X 320
!AMES W PINKERTON, Jr. LODI. CALIF0 .NIA 95241
FRED M REID
(209)334-5634
April 20, 1983
M. Michele Sprague, President
Baseball, Inc.
350 North Washington Street
Lodi, CA 95240
Dear Ms. Sprague:
CC �`JC
HENRY A. GLAVES. Ir
Ciiu Manager
ALICE M. REIMCHF.
City Cterk
RONALD M. STEIN
City Attorney
Enclosed, herewith, please find fully executed copy of
Lease and Concession Agreement for 1983.
If you have any questions, please do .not hesitate to call
this office.
AMR: jj
Very truly yours,
Alice M. Reimche
City Clerk
.j S„t ll � • •*
i
THIS LEASE AND CONCESSION AGREEMENT, made and entered into
this 1st day of January, 1983, by and between CITY OF LODI, a
Municipal Corporation, hereinafter called Lessor, and
Baseballs Inc., a California corporation, DBA Lodi Dodgers,
Baseball Club, hereinafter called Lessee,
W I T N E S S E T H:
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 b"cbal'l
diamond located at Lawrence Park, Lodi, California, for a term
of one year, commencing January 1, 1983, and terminating on
December 37., 1983.
(2) It is mutually agreed that this Lease contemplates
ttLat Lessee shall have the right to•conduct California League
Baseball games therein during the 1983 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 tr) be used by Lessee'shall be those dates
accepted and apprv-ied by the Recreation and Parks 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 sues 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 cn-or before July 15, 1903, and the balance of said
renal shall be paid on or before'septeimber 15,; 1993.'
(4) Lessee agrees to permit any person' over the'age 4f
65 years to be admitted`to the baseball_,°games to be staged by=e
Lessee upon payment -of a service charge of, 500 per`. game;; who' W`
said persons over the age of 65 years present to the Lessee a
pass which I been issued to him or her by the Director of
Recreation and Parks of the City of Dodi.
I. •
(5) Leasee shall have' the r!cjht to"utiiizse the interior �:,
surfaces of the fences around the outf! old= of . tk.e diamond
advertising of a kind normally found Ln baseball Ikmks. Lessor
reserves the right to disapprove and cause the removal-of=any
advertis ments considered offensive or in had taste by Lessor.
(6) Lessor agrees to maintain the parkin accordant.'
1' with its usual and-customary`practice, furnish %n&maintain
lighting ol the fell, and shall be responsible foie"the'alean 'cleaning,
"' up of all of the leased facilities, including the dxessinT rooms.
(7) Lessee may not transfer or assign its rights to
conduct baseball games within said Parc without the prior
written consent of Lessor, provided, however, that Lessee may
assigr. this Lease to a subsidiary corporation or entity owned
avid controlled by Lessee or to the California Baseball League.
(8) The Lessee is hereby granted the exclusive right
for the term of the Lease to operate said concession 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 104 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.sale4 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 cull 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 shall be delivered to customers
in bottles and all equipment necessary for the carrying
out of this Agreement shall be provided 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
stand:
SOFT DRINKS . . . . . . 500 per lZ oz.
. . . . . . .. . , 800 per 16 oz.
Ice Cream - assorted, up to 750 per serving
Popcorn . . . . . . . 600 per serving
Nachos . . . . . . . . . . . . . $1.35.per serving
not Dogs . . . . . . . . . . $1.00 per serving
Corn Dogs . . . . . . . . . . . $1,00,per.serving
Hamburgers - 1/4 pounders . ..$1.75 per,reiving
Linquisa Sandwich (possible). . . . . $2.25 per serving,,
Coffee and Tea . . . . . . . . 400 per serving
Hot Chocolate . . . . . . . . . 550 per, serving
French Fries . . . . . . . . . . 650 per serving
(PRICE LIST CONTINUED)
(PRICE LIST CONTINUED) y`
1 .Jr
Peanuts (estimated price depending
on harvest) . . . . 80C per serving
Sugflower Seeds . . . . 40,� per serving
Wine and Wine Coolers. . . . 750 to $1.00
Beer Draft 750 per 12 oz.
1 . . . . $1.00 per 16 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 specifi-
cations and.in sufficient qua'n'tity 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. = s'
(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.
(9) it is understood that the concession portion of this
Agreement constitutes merely:a license and that,Lesseels,right '
to continue hereunder shall continue.anly ao long aseach an6 �..
.every one of the terms, covenants, and -conditions of.this `.,.
.Agreement are kept. in the event of the failure;of Lessee°to
l with the terms of this Concession
"�P y ]►greemeat, the City
Manager of L.:esor shall have the right to terminate and aancael '`
this 'Agreement after having given Lessee ten days' notice
'purported violations and Lessee's failure to correct ;the same
within said 10 -day period.
(10) Lessee shall carry.,a product liability' in:urance
policy with Lessor named as one of the insureds.in an amount of'`
$25,000.00 and will keep the sa!1A policy in effect 3urinq the
.� t , a 7 fr " .I� •�
te-A ,of. this Agreement.
p,
' (ll) Lessee shall provide,and kee in force dukit the`
term of this Lease a policy of public liability insurance,
insuring against damage or injury to persons or? property Yarising"
or occurring during the periods of time that Lessee'i�s conduct-_
�1v,f ing,California League exhibition baseball games on the leased
prsaaises, With the, limits of $100,000.00 bodily :injury to ;one
a tpaxson',_$300,000.00 injury, to two or'more'persons from. MY
aocldent or"occurrence, and $25,000.00 for property dan:ag*..
'i: Said policy of insurance shall name the Lessor as an additional,
insured and shall contain a provision that the same may n
cancelled except after thirty (30) days' notice to the City
Manager of Lessor. A copy of this policy or a Certificate from
the insurance company shall be filed with the City Clerk after
the same is approved by the City Attorciey.
(12), It is understood and agreed that all buildings
and permanent fixtures, including the office and concession
Ibuilding, are the property of the Lessor. Any permanent or
attached improvements made to Lessor's buildings by Lessee shall
immediately become the property of Lessor. In the event of
damage by fire or other casualty to the build:Zngs owned by Lessor,
Lessor agrees to timely repair, replace, and restore any such
damage during the term of this Lease. Lessor shall be under no
obligation to replace or repair any of -Lessee's personal property
located on the demised premises. This includes, but is not
limited to, the replacement of any wall unit air conditioning
i installed by Lessee. In the event of non -renewal of the within
Lease, Lessee will be permitted to remove from the premises all
of Lessee's personal property that has not become permanently
affixed to Lessor's buildings. to
IN WITNESS WHEREOF, the parties hereto have hereunto r
affixed their corporate names and seals the day and year
first -above written.
CITYOV
DI, a Municipal Corporation''
LESSOR (City Manager)?
4st �.h
ATTEST:
� iO t`i! Iteimche, City Clerk
BASEBALL, INC..
588
(PARS 0
By1 r, ,
ULASIn (Se rets )
(peal) 1:
yn
`' „a�''` E#�F. s.'u�.�'iK'si�•u'.�A�."i.: .,. • .-... �,/��v`b•'.�..,$``"'"'v:ei%,.G.`,e3