HomeMy WebLinkAboutAgenda Report - March 16, 1983 (31)fN
SOFTBALL Following introduction of the matter by City Manager GLvms, _
CONCESSION Council, on motion of Council Member Snider, Murphy seoard.
CONTRACT extended for one year the Softball Concession Contract wit's
EXTENDED Shirley Michaelof f and directed the Mayor and City Cleric to
execute the subject extention on behalf of the City.
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CITY COUNCIL
FRED ht REI[). M&YOf
ROBERT C. MURPHY.
Mayor Pro Tempore
EVEEYN M. OLSON
JAMES W. PINKMON. jr.
"> jOHN R. (Randy) SNIDER
CITY OF I ODI
CITY ItALI. 111 WEST PINE STREET
1`0�1 OFFICE BOX 320
IODI. CALIFORNIA 95241
(209) 334-5634
Ilarch 31, 1983
Mrs. Shirley Michaeloff
500 Charleston Way
Lodi, CA 95240
Dear Mrs. Michaeloff:
HENRY A CLAVES, 1,
Cit; AlanaTer
ALICE M. REI%ICHE
City Clerk
RONALD N%, STEI
City Attorney
Please be advised that the City Council of the City of Lodi,
in action taken at a regular meeting held March 16, 1983,
extended the Agreement for the concession privileges at the
Armory Park and/or the Softball Complexes for the same terms
and cc.nditions under the existing agreement for a one-year
period terminating December 13, 1983.
An original and two copies of the agreement are attached
hereto and we would request that you sign and return an
original and one copy at which time we will fully execute
the agreement and return to you a fully executed copy of
that agreement.
it will be necessary for you to provide the City with a
Certificate of Insurance in the limits set forth in
paragraph 3, page 2, naming the City as Additional Insured.
we will not be able to execute this Agreement until we have
received this Certificate of Insurance.
Should you have any questions, please do not hesitate to
ca .
Very truly yours,
Alice M. Reimche
City Clerk
AMR: j j
enc.
A G R E E M E N T
THIS LICENSE AGREEMENT, made and entered into this
5th day of December, 1979, by and between the CITY OF LODI,
a Municipal Corporation, hereinafter called First Party, and
Shirley Michaeloff, hereinafter called Second Party;
W I T N E S S E T H:
First Party does hereby grant to Second Party the
sole and exclusive license to vend foods, drinks, toys,
souvenirs, etc., at or during all softball games conducted
at Armory Park and/or .the Softball Complexes located on the
property formerly owned by Hallinan, for a period commencing
January 1, 1983, and terminating December 31, 1983, or upon
Conclusion 'of the last softball game, whichever event last
occurs.
t
It is agreed that the concession stand at the
Softball Complexes is equipped with a hot water heater,
plumbing, sink, counter, and shelving, which improvements
are the property of the City of Lodi.
Furst Party does hereby agree to furnish the water
and electricity to the concession stands operated by Secoind
Party at no expense or cost to the Second Party.
Second Party agrees to pay First Party 20% of the
yearly gross, payable monthly.
Second Party shall have no right to' sell, mortgage,
asuign or sublet this contract or any part thereof without
the prior written consent of the City Manager of the First' '
Party.
No merchandise shall be delivered to customers in
bottles, and all equipment necessary for the carrying out of
this agreement shill be provided by Second Party.
The goods sold pursuant to this license are to be
sold at a price ,iot exceeding the following maximum prices:
(a) Snow Cone . . . . . . . . . . . 35C per serving
(b) Soda Water (10 oz.) . . . . . . 250 per serving
(12 oz.) . . . . . . 351� per serving
(16 oz.) . . . . . . 50C per serving
(c) Cotton Candy . . . . . . . . . 500 per serving
(d) Peanuts (Shell) . . . . . . . . 350 per serving
(e) Ice Cream Bars . . . . . . . . 35G per serving
(f) Popcicles . . . . . . . . . . . 35C per serving
(g) Crackerjacks . . . . . . . . . 35C per serving
(h) Popcorn . . . . . . . . . . . . 350 per serving
(i) Hot Dogs . . . . . . . . . . . 650 per serving
(j) Corn Dogs . . . . . . . . . . . 650 per serving
(k) Ice Tea . . . . . . 25, 35, 500 per serving
(1) Lemonade . . . . . . . 25, 35, 500 per servin(I
(m) Coffee, Tea . . . . . . . 300 per serving
(n) Nuns, Candy, Potato Chips 300 per serving
(o) Sunflower Seeds 300 per serving
(p) Tobacco . . . . . . . . . . . . Price to be set
(q). Cigarettes . . . . . . . ... . 750 per pack
(r) Such other goods as the City Manager of First
i
Party may permit at the prices set by him.
All prices shall be posted.
i
Second Party covenants and agrees to .supply and have-
ready
aveready for sale the articles or service (of standard brands)
required by the demands of the patrons of the softball games
conducted at Armory Park and at the Softball Complexes,
subject to these specifications and in sufficient quantity
to satisfy such demands. Second Party shall have available
for sale in sufficient quantities any beverages that may be=
required by the City Manager of the First Party.
Second Party covenants and agrees that it shal L
operate the licensed concessions herein granted at all tine m
when the softball games herein referred to are being held im
the Armory Park or Softball Complexes.
Second Party shall indemnify and save First Party
from and against any suit, action, claim or demand arising
out of the injury to any person or property in or about said
premises hereby leased, caused by an act or omission of
Second Party, his servants, agents, employees, patrons,
customers, licensees and invitees, or caused by any defect
in or about said leased premises, whether due to the neglect
of Second Party or otherwise. Second Party agrees to carry
comprehensive liability policies with a minimum limit of
$100,000/300,000 with the City of Lodi namedas additional
` insured, as well as $50,000 property damage. In addition,
Second Party will carry a policy of Public Liability and
Products Liability Insurance with an acceptable insurer,
with First Party as one of the named insureds in an amount
of at least $25,000 and will keep said policy in effect
during the term of this agreement.
Second Party covenants and agrees to maintain and
keep in a clear. and sanitary manner all stands and equipment
used by it, and further agrees to remove all refuse and
debris from the stands and deposit the same in their own .
containers suitable for its removal.
It is understood and agreed tha: t h_.* agreement
shall not by construed as a lease of the prea:.` -ut merely
as a license and that Second Party's right Lo continue
hereunder shall continue only so long as each and every, all
and singular, the 'terms, covenants and conditions of this
agreement are kept. First Party reserves the right to
terminate and cancel this agreement at the end of 10 days
after serving written notice on Second Party stating
specifically the violations of the agreement charged if such
violations are not corrected in said 10 days.
Each and every covenant and tern hereof to be kept
and performed by Second Party is expressly made a condition
upon breach of which First Party may terminate this
agreement and exercise all rights of entry and re-entry upon
said leased premises.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands the day and year first hereinabove written.
CITY JF LODI
A Municipal Corporation
ATTEST:
3
I
TO THE CITY COUNCIL
FROM THE CITY MANAGER -1 OVVICi
SUBJKT Extension of Softball Concessions Contract
VUNCIL COMMUNICATIP,
1,
DATE,/ I NO
March 10, 1983
I recommend that the softball concessions contract
with Shirley Michaeloff be extended for a period
of one year.
(See attached letter of explanation)
E DeBene tti
Director
Recreation and Parks
TO:
FROM:
RE:
DATE:
E
M E M O R A N D U M
Henry Glaves, Jr., City Manager
Ed DeBenedetti, Director, Recreation and Parks
Softball Concessions Contract
March 9, 1983
After due deliberation, I would like to recommend that the pre—
sent operator's contract for the softball concessions be extended
for a period of one year. I am recommending this for several
reasons.
I sincerely feel that the present operator has done an outstanding
job in providing for the public in that they are open regularly
for all events, both at the complex and at the armory. They have
not operated anything in the stadium due to the lack of facilities.
Hopefully, in the future we can remedy this situation.
Based on their percentage, they paid us $6,000 in 1980, $6,8G0 in
1981, and $6,300 in 1982.
As stated above, they are consistent and their operation is very
clean. It is a pleasure to walk up to their concession stand and
order anything in the way of food and/or drinks.
My other reason for extending this one year is that I have always
felt that beer should be sold at the complex and the armory. When
I recommended it to the City Council last year, I really didn't
think it would pass and therefore did not give any consideration
to what would be needed to include a beer concession at those two
locations from a standpoint of space. I hope to include in this
year's budget funds for the space needed to handle beer or to
include in the specifications in next year's softball concessions
contract some method whereby the concessionaire would pay for the
facilities as part of his bill.
In conclusion I would state that for this year we would not have
beer at the complex or armory due to lack of space. I do think,
however, that before we go into a long-term contract, this phase
should be given serious consideration. I still feel having beer
concessions is a good idea since we allow them to bring it into
the parks anyway and the City might as well realize some revenue
from its sale.
ED:jd