HomeMy WebLinkAboutAgenda Report - June 2, 1982 (34)CITY COUNCIL MEETING
JUNE 2, 1902
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AGREEMENT FOR COUNCIL r.PPROVED TfiE AGREMENT WITH DOROTHY SEIBEL FOR THE LODI
LOBI LAKE CONCES— LAKE CONCESSION STAND, FOR A ONE YEAR PERIOD, AND AUTHORIZED
I SION STAND APPROVED THE MAYOR AND CITY CLERK TO EXECUTF THE AGREF14ENT ON BEHALF
OF THF CITY.
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TO: Alice Reimcre, City Clerk
FROM: Ed DeBenedetti
SUBJECT: License Agreement with Dorothy Seibel
Lodi Lake Concessions
DATE: May 21, 1982
Due to the $1.00 charge at the take each day, it
appears that the concessions at Lake Park will be
hampered.
Consequently, I would suggest that the lease be
extended for this year in order to get the eaperi-
ence of what the new gate charge will do as far. as
concession receipts are concerned.
ED: jd
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TO: Alice Reimcre, City Clerk
FROM: Ed DeBenedetti
SUBJECT: License Agreement with Dorothy Seibel
Lodi Lake Concessions
DATE: May 21, 1982
Due to the $1.00 charge at the take each day, it
appears that the concessions at Lake Park will be
hampered.
Consequently, I would suggest that the lease be
extended for this year in order to get the eaperi-
ence of what the new gate charge will do as far. as
concession receipts are concerned.
ED: jd
TO: Mr. Glaves, City Manager
ER.CM: Ed DeBenedetti, Director, RecreRtion & Parks
DATE: May 27, 1982
RE: Lodi Lake Concession Stand
Attached are revised prices for the goods to be sold at
the )Jodi Lake Concession Stand by Dorothy Seibel.
If it is approved by you, please insert the new prices
into the contract agreement to be approved by the City
Council.
ED:jd
Attach.
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TO: Mr. Glaves, City Manager
ER.CM: Ed DeBenedetti, Director, RecreRtion & Parks
DATE: May 27, 1982
RE: Lodi Lake Concession Stand
Attached are revised prices for the goods to be sold at
the )Jodi Lake Concession Stand by Dorothy Seibel.
If it is approved by you, please insert the new prices
into the contract agreement to be approved by the City
Council.
ED:jd
Attach.
-Codi Reenzation isk Pan6 Depantrnmt
May 27, 1982
Suggested list of prices to be charged at Lodi Lake Concession
Stand as of this date:
All soda water - 12 oz. . . . . . . . . . . . 60C
16 oz. . . . . . . . . . . . 85�
Milk - - - - - - 12 aa- _..___. 65�
Ifi oz. . . . . . 90C
Coffee .' . . . .` 40C
Hot Chocolate . . . . . . . . . . 40�
Iced Tq`a - - - - . .`. 60C
85C
Ice Cream Fars & 65�
i
Popcitles . 50�
_ , Y
Popco' . �. 50C
Cracke k . . . . . . . 55C
Frencr f . I 5C k 75�
Hamburgers ti ,$1.65
Cheeseburgers►.r; s;;y o $2.30
Hotdogs and Corndogs . . . . . . . . . . . . 950
Peanuts . . . . . . . . . . . . . . . . . . . 450
Candy . . . . . . . . . . . . . . . . . . . . 40�
Gum . . . . . . . . . . . . . . . . . . . 30� &. 350
Tobacco . . . . . . . . . . . . . . . Price to be set
Cigar-ttes . . . . . . . . . . . . . . . . . $1.10
Cotton Candy . . . . . . . . . . . . . . . . . 750
Sno-cones . . . . . . . . . . . . . . . . . . . 450
Pizza rolls . . . . . . . . . . . . . . . . . $1.25
125 NORTH STOCKTON STREET • LODI, CALIFORNIA 95240 ' TELEPHONE (209) 369 - 5881
CITY COUNCIL
IREDM RFID,May.w CITY OF LCD I
ROM RTC MURPHY.
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
FVELYN M 01 SON POST OFFICE BOX 120
PANES W PINKERTON, It LODI, CALIFORNIA 95241
JOHN R (Rsndy) SNIDER (209) 1345634
June 4, 1982
Mrs. Dorothy Seibel
215 S. Lee Avenue
Lodi, CA 95240
Dear Mrs. Seibel:
HENRY A CLAVES. Ir
C ity hlanagxr
AIICE M REMICHE
City Clerk
RONALD At SItIN
C sty Attorney
Please be advised that the City Council of the City of Lodi,
in .action taken at a regular meeting held June 2, 1932,
extended the agreement for the Lodi Lake Park Concessions
for the same terms and conditions under the existing agreement
for a one-year period terminating April 30, 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.
Should you have any gnestions, please do not hesitate tc) call.
Vey truly yours,
Alice M. Reimche
City Clerk
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A G R E E M E N T
THIS LICENSE AGREEMENT made and entered into this 2nd
day of June 1982, by and between the CITY OF LODI, a municipal
corporation, hereinafter called First Parte, and DOROTHY
SEIBEL, hereinafter called Second Party;
W I T N E S S E T H
First Party does hereby giant to Second Party the sole
and exclusive license to vend foods, drinks (except alcoholic
beverages of any kind), toys, souvenirs, etc., at the
concession stand at LODI LAiZ PARK for a period of one year
beginning MAY 1, 1982.
In consideration of the granting of this license,
Second Party agrees to pay First Party twenty-one percent
(218) of the gross receipts received from the sales of all
goods and services that are sold at the LODI LAKE PARK
CONCESSION STAND; said payments are to be made monthly to the
Finance Director of the CITY OF LODI. In this connection,
Second Party covenants and agrees to keep accurate records and
books of account of all purchases and sales and does hereby
give to First party or its authorized agent the right- to
examine and audit said books at any time that First Party
desires.
Second Party agrees to keep the concession stand open
and available to the public and furnish services therein
during the usual hours that LODI LAKE PARK is kept open from
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May 1st to September 30th of each year or at such other U.mes
as the City Manager of the CITY OF LODI may direct.
The Director of I;ecre^tion and Parks of the CITY OF
LODI reserves the right to approve any employee or operator of
said concession stand.
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 First Part and a
breach of this condition shall automatically termina�e this
agreement.
The goods sold at
said concession stand
are to be sold
at a price not exceeding
the following maximum
prices:
All soda water -
12 oz. . . . . . . . .
. . . 601�
16 oz. . . . . . . . .
. . . 854�
Milk -
12 oz. . . . . . . . .
. . . 650
16 oz. . . . . . . . .
. . . 900
Coffee . . . . . .
. . . . . . . . ...
. . . 400
Hot Chocolate . .
. . . . . . . . . . .
. . . 400
Iced Tea -
12 oz . . . . . . . . .
. . . 600
16 oz. . . . . . . . .
. . . 85,�
Ice Cream Bars . .
. . . . . . . . . . .
5V' & 650
Popsicles . . . .
. . . . . . . . . . .
. . . 500
Popcorn . . . . .
. . . . . . . . . . .
. . . 50C
Crackerjacks . . .
. . . . . . . . . . .
. . . 550
French Fries . . .
. . . . . . . . . . .
650 & 75C
Hamburgers.. . . .
. . . . . . . . . . .
. . $1.55
Cheeseburgers . .
. . . . . . . . .
$2.30
Hotdogs and Corndogs
. . . . . . . . . .
. . . 950
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Peanuts . . . . . . . . . . . . . . . . . . . .150
Candy . . . . . . . . . . . . . . . . . . . . 40C
Gum . . . . . . . . . . . . . . . . . . 300 & 350
Tabacco . . . . . . . . . . . . . Price to be set
Cigarettes . . . . . . . . . . . . . . . . . $1.10
Cc r ton Candy . . . . . . . . . . . . . . . . . 750
Sno-cones . . . . . . . . . . . . . . . . 450
Pizza rolls . . . . . . . . . . . . . . . . $1.25
Charges for services not listed herein shall be at
prices set by the City Manager of First Party.
Second natty shall have available for sale in
sufficient quantities any beverages that may be requested by
the City Manager of First Party.
Second Party agrees to keep the leased premises clean
and orderly and will commit no waste thereof. He will comply
with all regulations prescribed by the City Counci', of the
CITY OF LODI from time to time and the sanitary laws and
ordinances applicable to the business to be conducted and on
expiration of this agreement will surrender said premises in
as good order as that in which he received the same, ordinary
wear and tear excepted. All equipment used in the biisiness
conducted shall be furnished by Second Party, except;ng that
already installed and ow,. -I by CITY, which said CITY -owned
equipmen` Second Party agrees to service and maintain at his
sole cost and expense, and First Party shall not be called
upon to make any repairs or replacements of any kind
whatsoever without its prior consent.
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This agreement may be terminated by mutual agreement
of the parties hereto after thirty days' notice is given by
one and accepted by the other. Said notice shall be delivered
to First Party at the Office of the City Manager, City Hall,
Lodi, California, and to. Second Party at the premises leased
herein.
First Party reserves the right to terminate this
agreement and all rights of Second Party hereunder for breach
of any condition of this Agreement or in the event that First
Party determines that Second Party has failed to give
reasonable and adequate service. In the event of termination
for either of said conditions, the decision of the City
Council of the CITY OF LODI shall be final.
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 leases, 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 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
i iount of at least $25,000 and will keep said policy in effect
during the term of this agreement.
It is understood and agreed that Second Party may sell
the products contemplated by this agreement from portable
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vending stands and that all sales made from said portable
vending stands shall be subject to all the terms, covenants
and conditions of this agreement.
Second Party acknowledges that he is familiar with the
Possessory Interest Tax that will be levied by San Joaquin
County Assessor and it shall be the Second Party's sole
responsibility and obligation to pay this tax.
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.
Attent
CITY OF LODI, a municipal corporation
BY _
FRED M. REID
Mayor
ALICE M. REIMCHE
City Clerk
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DOROTHY SEIBEL
Second Party