HomeMy WebLinkAboutResolutions - No. 83-58RESOLUTION NO. 83-58
Award - Contract for Lodi Lake Concessions
WHEREAS, in answer to notice duly published, bids were received for the
Contract for the Concessions at Lodi Lake Park. A copy of the Subject
Contract is attached hereto, marked Exhibit A and thereby made a part
hereof.
WHEREAS, said bids have been compared, checked and tabulated and a
report thereof filed with the City Manager as follows:
Mr/Mrs Trassare Bid of Gross Sales
11% lst year
15% 2nd year (negotiable)
20% 3rd year
Mr. Robert Vandergriff Bid of Cross Sales -- 15%
WHEREAS, the City Manger recommends that award be made to Mr. Robert
Vardergrif, f ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi
that award of contract for Lodi Lake Concessions he and the same is
hereby made to Mr. Robert Vandergriff.
Dated: June 29, 1983
I hereby certify that Resolution No. 83-58
was passed and adopted by the City Council
of the City of Lodi in a special meeting
held June 29, 1983 by the following vote:
Ayes: Council Members - Murphy, Pinkerton,
Snider, & Olson (Mayor)
Noes: Council Menbers - None
Absent: Council Members - Reid
Alice M. Reimche
City Clerk
83-58
A G R E E M E N T
THIS LICENSE AGREEMENT made and entered into this
day of , 1983, by and between the CITY OF
LODI, a municipal corporation, hereinafter called First Party, and
, hereinafter called.Second Party.
W I T N E S S E T H:
First Party does hereby grant 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
LAKE PARK for a period of three '(3) years beginning MAY 1, 1983.
In consideration of the.granting of this license, Second
Party agrees to pay First Party. ( ).percent
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
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usual hours that LODI LAKE PARK is kept open from May ist to
September 30th of each year or at such other times as the City
Manager of the City of Lodi may direct.
The Director of Recreation 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 terminate this agreement.
The goods sold at such concession stand are to be sold at.
a price not exceeding the following maximum prices:
All soda water - 12 oz. . . . . . . . . . . 600
16 oz. 850
D1i tic - I'l SIV . . . . . . . . . . . . . . . . . . . . 654
16 oz . . . . . . . . . . . . . . . . . . . . 90�
Coffee. . . . . ... . . . . . . . . . . . . . . . . 400
Not Chocolate . . . . . . . . . . . . . . . . . . . 550
Iced Tea - 12 oz. . . . .
. . . . . . . . . . 600
16 oz . . . . . . . .
. . . . . . . . . . 850
Ice Cream Bars . . . . . . . . .
. . . . . . . 500 & 65-�
Popsicles . . . . . . . . . .
. . . . . . . . . . 50
Popcorn . . . . . . . . . .
. . . . . . . . 50G
Crackerjacks. . . . . .... . .
. . . . . . . . . . 550
French Fries. . . . . . . . . .
. . . . . . . 650 & 750
(PRICES CONTINUED)
Hamburgers . . . . . . . . . . . . . . . . . . . . $1.65
Cheeseburgers . . . . . . . . . . . . . . . . . . $2.00
Hotdogs and Corndogs. . . . . . . . . . . . . . . . 954.,
Peanuts - 1 oz . . . . . . . . . . . . . . . . . . . 45(�
Candy . . . . . . . . . . . . . . . . . . . . . . 40�
Gum . . . . . . . . . . . . . . . . . . . . . 30� & 35�:
Tobacco . - . . . . . . . . . . Price to be set
Cigarettes . . . . . . . . . . . . . . . . . . . . $1:10
Cotton Candy . . . . . . . . . . . . . . . . . . . . 754,4
Sno-cones . . . . . . . . . . . . . . . . . . . . 454�
Pizza rolls . . . . . . . . . . . . . . . . $1.25
Charges for services not listed herein shall be at prices set by
the City Manager of First Party.
Second Party 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. Concessionaire will
supply and pay for his own garbage disposal. He will comply with
all regulations prescribed by the City Council 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 business conducted shall be furnished by Second Party,
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excepting that already installed and owned by CITY, which said
CITY -owned equipment 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.
NOTE: The Walk-in Box will be serviced before each season
at City expense. Utilities shall be the responsibility of the
Second Party during the operating season, which includes electricity,
gas, and garbage.
This agreement may be terminated by mutual agreement of the
parties hereto after thirty (30) 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 condi-
tion 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,
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employees, patrons, customers, licensees and invitees, or caused
by any defect in or about said leases 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 amount 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 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 excercise 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.
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Attest:
Alice M. Reimche, City Clerk
CITY OF LODI, a municipal corporation
BY
City Manager
Second Party