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HomeMy WebLinkAboutAgenda Report - April 1, 1981 (49)r 1 41 MEETING a 1 r r 7P r F5�3� ti. - � ',fit, 'xYi+ ��"'•tEy�<<�t.,t;�,. >'t�+ r r.. '',.,,'• e4 � bpta t CONTRACT WITH BASEBALL, INC., APPROVED Following introduction of the matter and Council discussion regarding the concession prices, Council, on motion of Mayor Pro Tempore McCarty, Pinkerton second, approved the proposed contract with Base -- ball, Inc., dba Lodi Dodgers and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. el t 1,f IT � FyAA •5 r�'yq a,4 J f � .•7CRstA�at 'r _ e,�, ,{ �1 i'+s Y,:��'1C,F ;a » +kt Lis *' 3' -+irk ,(.`� `t'� • 'C x M }} t r ti, r S'tptl . •i>"Nr�r r' a }�r'� iv i • I 0 - 443 er, !-7(, illi j i. (•. ,t��`l(� el IT FyAA .. gl ^h�- i•- � 1Y 4'14i:✓1# � - � a,4 J f � .•7CRstA�at 'r _ e,�, ,{ �1 i'+s Y,:��'1C,F ;a » +kt Lis *' 3' -+irk ,(.`� `t'� • 'C x }} . •i>"Nr�r r' a }�r'� I 0 - 443 er, !-7(, illi j i. (•. ,t��`l(� ' 1 1 Ytt n Y 0, V-A KCV, i Decof cut ev- wo o �s a foo C,,�:- LEASE AND CONCESSION AGREEMENT THIS LEASE ARID CONCESSION AGREEMENT made and entered into this Ist day of April , 1981 , by and between CITY OF LODI, a Municipal Corporation, hereinafter called Lessor, and S. a California corpora.-- tiont DDA Lodi Dodgers, hereinafter called Lessee. WITNESSETH: This Lease and Concession Agreement is hereby made upon, the following terms: (1) Lesson does hereby lease to Lessee the baseball di.and, 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, 1981, and terminating; on December 31, 1981 (2) It is mutually agreed that this Leas: contemplates that Lessee shall have the right to conduct California League Baseball games therein during the 1981 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 shall be those dates accepted and approved 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 $2,380,00, plus the sum of $20000 .for each game played by Lessee during the term of this leasee Lessee covenants and agrees to pay $1,250.00 of said rental on or before July 15, 1981, and the balance of said rental shall be paid on or before September 15, 19810 (4) Lessee agrees to permit any person over the age of 95 years to be admitted to the baseball games to be staged by Lessee Upon payment of a service charge of 50G per game, when said persons over the age of 65 years present to the Lessee a pass - 1 - which has been .issued to hien or her by the Director of Recreation and Parks of the CITY Of LODI. (5) Lessee shall have the right to utilize the interior surfaces of the fences around the outfield of the diamond for advertising of a kind normally fot4,1 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 practices furnish and maintain lighting of the field, and shall be responsible for the clearing up of all of the leased facilities, including the dressing rooms. (7) Lessee may not transfer or assign its rights to con- duct 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 the California Baseball League. (E) 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 10% of the gross receipts which it or its assignee may receive from the sale of the goods and services that are sucject 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 Nooks 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 thin concession license but such assignment shall not relieve Lessee from seeing that the terms, covenants and conditions of this Agreement are - 2 - 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, whe'her 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 conspicuouF place in the concession stand: Soda water . . . . . . . . . 50t per 16 oz. 75t per 20 oz. 1.25 per 32 oz. Ice Cream Bars . . . . . . . . . . 35t per serving Popcorn . . . . . . , . 50t, 75t, 1.25 per serving Crackerjacks . . . . . . . . . . . 35C per serving. Hot Apple Pies . . . . . . . . . 50�-a75t per serving Hot Hogs T 8" . . . . . . . . 9 . 70t per serving Corn Dogs _ 5P. . . . . . . . . . . 70t per serving Burritos . , . . . . . . . . . . 90t per serving Bratwurst with kraut . . . . . . 90t per serving Coffee and Tea . . . . . . . . . 25t per 8 -oz. Ice Tea . . . . . . . . . . . . . 35t per 6 -oz. Milk . . . . . . . . . . . . . . . 50t per serving Peanuts -- Almonds w Sunflower Seeds 35t per serving Tobacco . . . . . . . . . . . . . Price to be set Cigarettes . . . . . . . . . . . . 75t per pack Wine and Wine Coolers . . . . 75t, 1.25 per serving B eer (Draft or bottles) . . . . . 75t per 14 oz. 1.25 per 32 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, - 3 - 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 event:, 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 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 cancel this Agreement after, having given Lessee ten days' notice of the purported violations aid.. 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 and will keep the said policy in effect during the term of this Agreement. (11) Lessee shall provide and keep in force during the teras of this Lease a policy of public liability insurance, insur- ing against damage or injury to persons or property arising or occurring during the peridds of time that Lessee is conducting California League exhibition baseball games on the leased premises, with the limits of $100,000 bodily injury to one person, $300,000 injury to two or more persons from any one accident or occurrence, and $259000 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 4 PROPOSED CHARGES OF 1981 FOR USE OF LAWRENCE PARK BASEBALL DIAMOND BY AND BETWEEN THE LODI LIONS BASEBALL C1XB INC. DOA LODI DODGEMS AND THE CITY OF LODI WORK SHEET Due to increased cost to the City of Lodi for utilities and labor, the following increases are recommended6 Labor over and above normal maintenance of field due to Dodger games, based on average 65 -day playing; schedule: 46 dates, avg 2 hr® per day or 92 hrs @ $5000 $ 460,00 19 dates, avg 5 hr. 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 10� per kilowatt hour per Light: 80 lights, avg 3-hro usage per game or $8.00 per hr® or 1.68 ?sours @ $8.00 1,345°00 Miscellaneous costs - gypsum, bases, etc. 1.00®00 $20.00 per date, avg 65 home dates 1.,300,00 TOTAL $39680000 Avg payment past year $3,1.95.00 NET INCREASE RENTAL $ 485.00 Iglus 10% of all concessions other than Dodger games Est. Revenue 700.00 GROSS TO CITY $4,380®00 with the City Clerk after tate same: is approved by the City Attorney. (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 improve- ments 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 buildings 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 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 b1Imss wHLRLOi', the parties hereto have hereunto affixed their corpor&te names and seals the day and year first above written. CITY LODI, a unicipal. Corporation By LESSOR/ 2 zty anagen ATTEST: W -c` Byte H. Rea e, City Clerk "PROVED A5 TO FORM Ronald ]4. Stein City Attotney (seal) LODI LIONS BASEBALL CLUB, INC. By res en By ecretary. a LEASE AND CONCESSION AGREEMENT THIS LEASE AND CONCESSION AGREEMENT made and entered into ,...2.J this day of December , 1980 , by and between CITY OF LODT, a Municipal Corporation, hereinafter called Lessor, and Lodi? -Lions Baseball Club --Inc., a California corpora- tion, DBA Lodi Dodgers, hereinafter called Lessee. WITNESSETH: 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, 1381, and terminating on December 31, 1981. (2) It is mutually agreed that this Lease contemplates that Lessee shall have the right to conduct California League Baseball games therein during the 1981 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 Leasee shall be those dates accepted and approved 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 $2,380.00, plus the sum of $20.00 for each game• 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, 1981, and the balance of said rental shall be paid on or before September 15, 1981. (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 504 per game, when said Persons over the age of 65 years present to the Lessee a pass - 1 - which has been issued to him or her by the Director of Recreation and Parks of the CITY OF LCDI. (5) Lessee shall have the right to utilize the interior surfaces of the fences around the outfield of the diamond for advertising of a kind normally found in baseball paries. Lessor reserves the right to disapprove and cause the removal of any advertisements considered offensive or in bad tas-e 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 clearing up of all. of the leased facilities, including the dressing rooms. (7) Lessee may not transfer or assign its rights to con- duct 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 the California Baseball League. (e) 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 10% of the gross receipts which it or its assignee may receive from the sale of the goods and services that are sucject to this concession licensed 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 - 2 - :.j complied with and that true and accurate books of account are kept by any assignee. (c) No merchandise shall be delivered to customers :3 3.n bottles and all equipment necessary for the carrying AV out of this Agreement shalt be provided by Lessee, (d) The goods sold pursuant to this license, whether -z by Lessee or its assignee, are to be sold at a price not exceeding the maximum prices, and a price list sg.all be ?'y posted in a conspicuous place in the concession stand: Soda water . . . . . . . . . . , . VW t per 16 oz. -2-0z. -6z . Ice Cream BaTt . . . . . . . . . . per serving Popcorn . . . . . . . . 50 , nln per serving Na�rH�cs ��f' �-• - Crackerjacks . . . . . . . . . . . 35G per serving Hot Apple Pies . . . . . . . . . 5o�®75S per serving Piot Dogs - 8f1 . . . . . . . . , . per serving f c o Corn Dogs -- 5. . . . . . . . . , . .i4K per serving Burritos . . . . . . . . . . . . . 90G per serving Bratwurst with kraut . . . . . . 90C per serving yo Coffee and Tea . . . . . . . . . . per 8 -oz. Ice Tea . . . . . . . . . . . . . 35t per 6 -oz. Milk . . . . . . . . . . . . . . 0 50C per serving rod Peanuts - Almonds - Sunflower Seeds 9� per serving -<< Tobacco . . . . . . . . . . . . . Price to be set Cigarettes . . . , . . . . . . . . 75G per pack Wine and Wine Coolers . . . . 75C, 1.25 per serving fpO i4f5or B eer (Draft or bottles) . . . 744, per oz. pe -r . 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. �u (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, - 3 - or exhibitions to be conducted in the Laurence 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 waten events, games or exhibitions are being held in the Lawrance 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 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 cancel this Agreement after having given Lessee ten days' notice of the purported violations and Lessee's failure to correct t',;e 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 525,000 and will keep the said policy in effect during the term of this Agreement. (11) Lessee shale provide and keep in force during the term of this Lease a policy of public liability insurance, insur- ing against damage or in-ury to persons or property arising or occurring during the peridds of time that Lessee is conducting California League exhibition baseball games on the leased premises, with the limits of $100,000 bodily injury to one person, $300,000 injury to two or more persons from any one accident or occurrence, and $25,000 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 .. 4 . m i PROPOSED CHARGES OF 1981 FOR USE OF LAWRENCE PARK BASEBALL DIAMOND By AND BETWEEN THE LODI MONS BASEBALL CLUB INC. DBA LODI DODGERS AND THE CITY OF LODI. W01RK SHEET 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 gamest based on average 65 -day playing schedule: 46 dates, avg 2 hr. per day or 92 hrs @ $5.00 $ 460.00 19 dates, avg 5 hr. per day or 95 hrs ® $5.00 475.00 E (NOTE; 19 dates are weekend dates with more time needed for cleanup and preparation.) Utilities based on 10� per kilowatt hour per light; 80 lights, avg 3 -hr. usage per game or $8.00 per hr. or 168 hours @ $9.00 1,345.00 Miscellaneous costs - gypsum, bases, etc. 100.00 $20.00 per date, avg 65 home dates 12300.00 TOTAL $3,680.00 Avg payment past year $3,195.00 NET INCREASE RENTAL $ 485.00 Plus 10% of all concessions other than Dodger games Est. Revenue 'V n nil GROSS TO CITY $4,380.00 with the City Clerk after the same is approved by the City Attorney. (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 improve- ments 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 buildings 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 mall 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 WHEREOF, the parties hereto have hereunto ,Nffixed their corporate names and seals the day and year first above written. CIT: 0LODI, a Municipal Corporation By (City Manager ATTEST: By.� Alice me e , City Clerk APPROVED AS TO FORM Ronald M. Stein City Attorney (Seal) LODI LIONS BASEBALL CLUB, INC. By LESSEE (President) By .E E ecretary - 5 - April 8, 1981 Mr. John Johns Baseball, xnco 350 Nm Washington Street Lodi,, CA 95240 Dear Mr. Johns HENRY A. CLAW% it. City M"ee MICE M. RUMC HE City C4?k RONAM M, STEIN City Attorney Enclosed please find ;"ease and Concession Agreement which was approved by the Lodi City council at its regular meeting of April 1, 1981 Please execute the copies that are forwrarded here- with and return an original and one copy to us Please make certain that the liability insurance information is provided as required in Sections 10 and 11 of this Lease and Concession Agreement® We will return to you at the earliest possible date a fully executed copy of this agreement. Should you have any questions regarding this matter, please do not hesitate to call this office® Very truly yours, Jc%e'. RelecteX�4__ City Clerk Enc. LEASE AND CONCESSION AGREEMENT THIS LEASE AND CONCESSION AGREEMENT made and entered into this _ 1gt day of A x� l , 19.81 , by and between CITY OF LOOS, a Municipal Corporation, hereinafter called Lessor, and' BASEBALL, INC., a California corpora- tion, DDA Lodi Dodgers, hereinafter called Les seem. This Kase and Concession Agreement io hereby made upon the following taro (1) Lessor does herby 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 fiery of one year, commencing January 1, 1981, and terminating on December 31, 1991. (2) St is mutually agreed that this Kase contemplates that Leasee shall have the night to conduct California ]League Baseball games therein during the 1981 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 shall be those date's accepted and approved by the Recreation and Paries Director of the CITY OF LODI. ( 3) Lessees covenants and agrees to pay as gent for the use of said facilities the sum of $2,380.00, plus the sum of $20.00 for each game played by Lessee during the term of this lease. Lessee covenants and agrees to pay $1,250.00 of said rental on or before duly 15, 1981, and the balance of said rental shall be paid on or before September 15, 19810 (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 eliarge of 50C per game, when said persons over the age of 65 years present to the Lessee a pass - I - F'. which has been issued to him Or her by the Director of Recreation and Parks of the CITY OF LODI. (5) Lessee shall have the right to utilize the interior surfaces of the fences around the outfield of the diamond for advertising of a kind norma; ;.y 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 anstomary practice, furnish and maintain lighting of the field, and shall be responsible for the clearing up of all of the leased facilities, including the dressing rooms® (7) Lessee may not transfer or assign its rights to con- duct baseball games within said Park without the prior written consent of Lessor, provided, however, that Lessee may assign this Kase to a subsidiary corporation or entity owned and controlled by° Leasee or to the California Oaseball League. (a) The Lessee is hereby granted the exclusive right for the term of the Lease to operate said concession stand at all events held at Laurence Park, whether such events are sponsored by Lessee or others under the following teras 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. Froin sales at all other events held in said park, Lessee agrees to pay Lessor l0% of the gross receipts which it or its assignee may receive from the sale, c -f the goods and services that are sueject 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 rcao:rds 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 condition. of this Agreement are 2 -- complied with a�that true and accurate be )s of account are kept by any assignee. CO - No merchandise shall be delivered to customers In mottles and all equipment necessary for the carrying out of this A4,reement shall he provided by Lessee. (d) The.goods sold pursuant.to this license, whether by LeBeea omits assignee, are to be sold at a price not exceeding the ura prices, and a price list shall be posted in a con- spicuous place in the concession stand - Soft water . . . . * . . . . . . . . . . 500 per 12 oz. 80� per 16 oz. Ace CrewR Sandulch . . . . ... . . . . . 75{- per serving POPOOrn . . . . . . . . . .... . . . . . 500 per serving . . . . . . . . . . . .. . . . . 1.00 per serving Crackerjacks . . . . . . . . . . . . . 3 5 t-- per serving not Awls pies . . . . . . . . . . . 500-750 per serving Hot ",a a0 . . . . . . . . . . . . . . 900 per serving Corn Dogs 51 . ... . . . . . . . . .. 1.00 per ser,(Ping, ChM . . . . . . . . . . . . . . . 1.25 per serving ftrritos . . ... . . . . . . . . . . . . go* per.,serving Bratwurst with kraut .. . . . . . . . . . 900 per serving CoUee and Tea . . . . . . . . . . . . . 40o per 8--bz. Hot Chocolate . . . . . . . . . . . . . Soo le a Tea . . . . . . . . . . . . . . . .. 350 per 6 -ox. ilk. . . . . . . . . . . . . . . 500 per serving Peanuts. Almonds, Sunflower Seeds. 800 per serving Candy - Theater Pack . . . . . . . . . . 650 per serving Tobacco . . . . . . . . . . . . . . . . Price to be set Cigarettes . . . . . . . . . . . . . . . 754 per Pack Wine and Wine Coolers . . . . . .75,'1.2,5 per 08"Ing Beer Waft or bottles) . . . . . . . .. 1.00 per :L6-18 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, --3- 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 hold in the Lawrence Park Baseball Stadium stand during the effective elates bereinabovre set forth. (9) It is understood that the concession portion, of this Agx,aement 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 cancel this Agreement after haying given Lessee ten days' notice of the purported violations and Lessee's failure to correct the same within said 10 --day periods. (10) Lessee shall carry a product liability insurance policy with Lessor named as one of the insureds 3n an amount of $25,000 and will keep the said policy in effect during the teras of this Agreement. (ll) Lessee shall provide and keep in force during the term of this Lease a policy of public liability insurance, insur- Ing against damage or injury to persons or property arising or occurring during the peridds of time that Lessee is conducting California League exhibition baseball games on the Leased premises, with the limits of $100,000 bodily injury to one person, $300,000 Injury to two ox more persons from any one accident or occurrence, and X25,000 for property damage. Said policy of insurance -S al7l 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 filled 14 with the City Clerk after the same is approved by the City Attorney. (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 wade to Leasor's buildings by Lessee shall immediately become the property of Lessor. In the event of damage by fire or other casualty to the buildings owned by Lessor, Lessor agrees to timely repair, replace, and restore any such damage during the terga of this Lease. Lessor shall be under no obligation to replace or repair any of Lessee's personal property located on the despised premises. This includes, but is not limited to, the repla.,ement of any wall unit air conditioning installed by Lessee. In the event of non --renewal of the within 'ease, 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 WHEREOF, the parties hereto have hereunto affixed their corporate names and seals the day and year first above written CITY OF LOBI, a Municipal Corporation By. LESSOR C ty Manager ATTEST By_ ce M. Re me e, C ty C er Approved as to Foram BASEBALL, INC., a California Corporation, OSA LODI DODGERS By LE EE Pr 's ent Ronald M. Ste n City Attorney By LESSEE Secretary (Seal) -5- m 0 .ri oe PROPOSED CHARGES b- 1981 FOR USE OF LAWRENCE ARK BASEBALL DIAMOND BY AND BETWEEN BASEBALL, INC., a California corporation, DB. LOIDI DODGERS,- And .THE CITY OF LODx WORK' SHEET Due to increased cost to the City of Lodi for utilities and labor, the following increases are reom'il a". ;i over and above normaloZ flield due to Dodger is m w based on average GS -day playing schedulet 6 dates,per a i.:. #: l :1'i 19 datest avg 6 hr. per day or 95 hra @ $5.00 475.01 MTE-0 19 dates are weekend dates with more time Utilities based on l perkilowatt O'lights, av 3®hr® usage per game or $9®00 per hr. ir 168 hours$8.00 19345.02 Miscellaneous costs - gypsums bases, etc® 100.00 $20.00 per date, avg 65 home dates l 300.00 TOTAL $3*580®00 Avg payment past year 93,395.03 MET INCREASE RENTAL $ 485.00 Plus 10 of all concessions other than Dodger gases Revenue 700.00 GROSS TO CITY $49380.00