HomeMy WebLinkAboutAgenda Report - April 1, 1981 (49)r
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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.
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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