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HomeMy WebLinkAboutAgenda Report - March 20, 1985 (34)TO: THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE UNCIL CCI MUNICATIM DATE NO. ?:ARCH 11, 1985 SUBJECT: AGREEMENT TO OPERATE CONCESSIONS AT LAWRENCE -HARDBALL PARK (Please place on Agenda for March 20) Although the pro team, the Lodi Crushers, will not operate this year at Lawrence Hardball Park, I would recommend that for this year Michele Sprague be given permission as per the attached Agreement to operate said concessions. Hopefullv, she will have a pro team again next year. It seems that to change concessionaires for possibly one year would be an inconvenience to all concerned. Her operation has always been quality. We have the park booked solid with high school, Legion, semi -pro, and college baseball games, along with our own Babe Ruth leagues. I would like to recommend that the agreement with Michele Sprague be granted at least for this year. Hopefully, a pro operation will return next year. At that time, if a change is warranted, it can be made. j Ed DeBenedetti, Director Recreation and Parks Dept. ED: jd Attach. c 0 A G REE u•E N T THIS LICENSE AGREEMENT, made and entered into this J day of , 1985, by and between the CITY OF LOLI, a Municipal Corporation, hereinafter called First Party, and Michele Sprague, hereinafter called" Second Party: V I T N E S S E T H: by grant to Second Party the First Party does here drinks toys, sole and exclusive license to vend foods, r at or during all baseball games c souvenirs, etc-,onducted at Lawrence Park, located on the property formerly owned by Hallinan, -for a period commencing April 1, 1985, and ember 31, 1985, or upon conclusion of the terminating Dec games, whichever event last occurs. last baseball 'There is one exception to the above. On August 3 through August 8, 1985, the concession privileges will belong to the Boosters of Boys Sports Organization for the Pacific Southwest Regional 13-15 years Babe Ruth Tournament. It is agreed that the concession stand at Lawrence t water heater, plumbing, sink, Park is equipped with a ho 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 10% of the yearly gross, payable monthly. yF 4- Second Party shall have no right to.sell, mortgage, assign or sublet this contractor 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 Second Party. The goods sold pursuant to this license are to be sold at a price not exceeding the following maximum prices:. Soft drinks . . . . . . . . . . 50Q per 12 oz. . . . . . . . . . . . . . . 80¢ per 16 oz. Ice Cream - assorted, up to . . . . . . 75¢ per serving Popcorn . . . . . . . . . . . . . . . . 70,,1 per serving Nachos. . . . . . . . . . . . . . $1.50 per servi Hot Dogs . . . . . . . . . . . . . . . . $1.00 per serving r Corn Dogs . . . . . . . . . . . . . . . $1.00 per serving Hamburgers - 1/4 pounders . . . . . . . $1.75 per serving Linquisa Sandwich (possible). . . . . . $2.25 per serving Coffee and Tea . . . . . . . . . . . . ..500 per serving Hot Chocolate ... 65¢ per serving French Fries . . . . . . . .. . . . . . . 750 per serving. Peanuts (estimated price depending upon harvest).-, , 80¢ per serving: Sunflower Seeds . . . . . . . . . . . . 40¢ per serving {Pine and Wine Coolers . . . . . . . . . 750 to $1.00 Beer - Draft . . . . . . . . . . . . . . 75¢ per. 12, oz. • . . . . . . . . . . . . . $1.00 per 16 oz. Such other goods as the City Manager of Lessor may permit at the prices set by him. All prices shall be posted..`' ' - 2 - _� • rr�l 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 baseball games conducted at Lawrence Park, 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 baseball games herein -referred to are being held in the Lawrence Park baseball facility. Second Party shall indemnify. and save First Party from and against any suit, action, claim or demand arising AMA VAW 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 manner all stands and equipment used by it, and further agrees to remove all refuse and y. debris from the stands and deposit the same in their own containers suitable for its removal. ' r It is understood and agreed that this agreement shall not be construed as a lease of the premises but z merely as a license and 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 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 Lerk 4