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HomeMy WebLinkAboutAgenda Report - June 2, 1982 (34)CITY COUNCIL MEETING JUNE 2, 1902 1 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. .dv%J a.r>�`ki-t31 ws .� Ems: - s v3 kjY.fi v x ;Kn.0 It SA S € r ' t c..�4�^fit "` • .5- h 7 - ty �.�}-Ste. J4 au•��^'�5� , ` ,�� roc r � �'� •:. rr• 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 1� M E M O R A N D U M 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. M E M O R A N D U M 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 AR: dg Enc. 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 -1- 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 -2- 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. -3- 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 -4- 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 -5- DOROTHY SEIBEL Second Party