HomeMy WebLinkAboutAgenda Report - March 16, 1983 (46)� ( 1
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Following introduction of the matter by City Manager Glay.
Council, on motion of Council Member Snider, Murphy secat�d.
extended for one year the Softball Concession Contract vita
directed the Mayor and City Cleric to
Shirley Michaeloff and
execute the subject extention on behalf of the City.
NOUNCIL COMMUNICATI N
TO- THE CITY COUNCIL DATE NO.
FROM: THE CITY MANAGER'S OFFICE March 10, 1983
SUBJECT: Extension of Softball Concessions Contract
I recommend that the softball concessions contract
with Shirley Michaeloff be extended for a period
of one year.
(See attached letter of explanation)
4ED"e Bene tti
Director
Recreation and Parks
TO:
FROM:
REE
DATE:
M E M 0 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.
EDs jd
March 31, 1983.
Mrs. Shirley Michaeloff
500 Charleston Way
Lodi, CA 95240
Dear Mrs. Michaeloff:
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 conditions 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 jou 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 38 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
call.
Very truly yours,
Alice M. Reimche
City Clerk
AMR: jj
enc.
, 1101
CITY COUNCIL
FRED M. RE10, Mayor
'` i'
�C T I�
HENRY A CLAVES. J:
City Manner
I Y O I, O
ALICE M. REI.%ICHE
ROBERT C. MURPHY,
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
City Clerk
EVELYN M. OLSON
POST OFFICE BOX 320
RONALD ht. STEIN
JAMES W. PINKERTON. Jr.
LOD1, CALKORNIA 95241
City Attorney
JOHN R. (Rindy) SNIDER
(209) 334.5634
March 31, 1983.
Mrs. Shirley Michaeloff
500 Charleston Way
Lodi, CA 95240
Dear Mrs. Michaeloff:
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 conditions 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 jou 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 38 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
call.
Very truly yours,
Alice M. Reimche
City Clerk
AMR: jj
enc.
A G R E E M E N T
THIS LICENSE AGREEMENT, made and entered into this
Sth day of December, 1979, by and between the CITY OF LORI,
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.
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.
First Party does hereby agree to furnish the water
and electricity to the concession stands operated by: Second
Party at no expense or cost to the Second Party.
Second Party agrees to pay First Party 20t of the
yearly gross, payable monthly.
Second Party shall have no right to- sell, mortgage,
assign 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 shall be provided by Seccad Party.
The goods sold pursuant to this license are to be
sold at a price not exceeding the following maximum prices:
(a) Snow Cone . . . . . . . . . . . 350 per serving
(b) Soda Water (10 oz.) . . . . . 250 per serving
(12 oz.) . . . . . . 350 per serving
(16 oz.) . . . . . . 500 per serving
(c)
Cotton Candy . . .
. . . . . .
500
per
serving
(d)
Peanuts (Shell) . .
. . . . . .
350
per
serving
(e)
Ice Cream Bars . .
. . . . . .
350
per
serving
(f)
Popcicles . . . . .
. . . . . .
350
per
serving
(g)
Crackerjacks . . .
. . . . . .
35."
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
serving
(m)
Coffee, Tea . . . .
. . . .
300
per
serving
(n)
Nuts, 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".
Party may permit at
the prices
set by hila.
All
prices shall be posted.
Second Party covenants and agrees to supply and have
ready 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 shall
operate the licensed concessions herein granted at all times
when the softball games herein referred to are being held in
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 named as 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 clean and sanitary marnar 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 that thLe agreement
shall not be construed as a lease of the premises but merely
as a license knd that Second Party's right to continue
hereunder shall continue only so long as each and every, all
and singular, the terms, covenants and conditions of this
W •
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 term 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.
ATTEST:
City Clerk
CITY OF LODI
A Municipal Corporation
By
City Manager
P