00-298OR1GlNAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council FIle # � � —��
Green Sheet # ��
at
Presented By
Refened To
Committee: Date
2
WHEREAS, the Saint Paul City Council authorized the Division of Parks and Recreafion
to issue an RFP for the management and operation of Como Lake Pavilion in Council File #00-
72; and
4
5 WHEREAS, the Division of Pazks and Recreation, based upon its review of all of the
6 proposals received, wishes to enter into a Management Agreement with Black Beaz Crossings
7 for the operafion and management of Como Lake Pavilion; and
9
10
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12
l3
14
15
16
17
18
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WHEREAS, Section 8513(a) permits the Council by resolution to waive one or more of
the requirements of the Chapter, relating to managed competition; and
WIIEREAS, no City employee or employees have performed any of the functions to be
contracted out in the last year and a half at this site, and no city employee will be laid off,
reduced in hours, benefits or pay, demoted or transferred involuntarily as a result of this contract;
now, therefore be it
RESOLVED, that the Division of Parks and Recreation is authorized to enter into the
attached Agreement with Black Beaz Crossings for the operation and management of Como Lake
Pauilion notwithstanding the requirements of Saint Paul Legislative Code Chapter 85.
Adoption Certified by Council Secretary
BY: U \ � I�Y�
Approved by Mayor: � �
By: CLll�/./A �.�el,L/��
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Adopted by Council: nate � a.� p a
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Approved by Ma or for Submission to Council
ay: / z�
DEPAflTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106603
Parks and Recreation March 2s,
2000 00 -S9�
CONTACT PEPSON AND PHONE INITIAL/DATE INITIAVDATE
Mike Hahm- 266-6444 �'�� � pEPARTMENTDIRECTOR 4 QTYCOUNpL
ASSIGN �
xumaEP FO� Z GITY ATTORNEY - CITY CLERK
MUST BE ON COUNQL AGENDA BY (DATE1 POUTING ;
ORDER FINANCIAL SERVICES Dlft.
April 5, 2000 3 MAYOR (OR ASSISTANn e i'2`� 5 Parks
TOTAI K OF SIGNATURE PAGES � (CLIP ALl IOCATIONS FOR SIGNATURE7
ACTION REQUESTED:
Authorizing the Division of Parks and Recreation to enter into an agreement with Black Bear Crossings for the
management and operation of the Como Lakeside Pavilion, as required by the Saint Paul Administrative Code section
86.11.
RECOMMENpATIONS: Approve (A7 or fle�ec[ IR� PERSONAL SERVICE CONTflACTS MUST qNSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION pVILSEPVICECOMMISSION
— — 1. Has this person/firm ever worketl untler a conttact tor [M1is tlepartmenV
CIB COMMITTEE VES NO
A STAFF 2. Has ffiis persoNfirm ever been a ciry employee?
VES NO
DISTRICT COUNCiL
— — 3 Does this persoNfirm possess a skill not normally possessetl by any current aty employee?
SUPPORTSWHICHCOUNCILOBJECTIVE? VES NO
Explain all yes answers on separate sheet antl attach to 9reen sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV �Who, What, When, Where, Whyl:
The Division of Parks and Recreation wishes to enter an agreement with an outside vendor for the management of the
Como Lakeside Pavilion. The City has discontinued the agreement with its current provider (Prom Management
Services) effective April 1, 2000.
ADVANTAGESIF APPROVED:
The City will be able to offer services at the Como Lakeside Pavilion. Services to the public including: recreational
rentals, catering services, room rentals and food and beverage service will continue to be available through the term of
the agreement.
-.a
As cELea b� �'u aos: � _..+..,
DISADVANTAGES IF APPROVED�
None �"t�i� � 9 ����
DISADVANTAGES IF NOT APPFOVED:
The City may be unable to manage and operate the Como Lakeside Pavilion until an operator is in place�
TOTAL AMOUNT OF TRANSACTION $ COST/PEVENUE BUDGEfED �CIRQE ONE� YES NO
FUNDING SOURCE ACTIVfTV NUMBER 23123
FlNANCIAL WFOFMATION� �EXPLAIN)
a. _'�
Interdepartmental Memorandum
CITY OF SAINT PAUL
March 31, 2000
To: CouncIl President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Counciimember Kathy L,antry
Councilmember Jim Reiter
From: Vic Wittgenstein Y q Vu Iy�
�
Subject: Como Lakeside Pavilion
Ciry Council Agenda #21 - Resolution 00-298 (4/5/00)
Recommendation
After a staff review (including interviews) of the three proposals submitted by vendors
interested in operating Como Lakeside Pavilion and also reviewing the performance
plan submitted by Division of Parks and Recreation staff, the Division is re uc�esting
Citv Council approval to enter into the attached a�reement with BLACK BEAR
CROSSINGS
Timeline
The agreement will be effective immediately upon execution, and a transition of day-to-
day management complete by as early as April S. This conesponds to the temunation
of the City's relationship with Prom management group, effective April 1, 2000. If an
agreement is not in place, various aspects of the Lakeside operation may not be
available to the public.
Rationale
Although the analysis indicated that three of the options (Black Bear, Lancer and Self-
Operation) allowed for viable operation of the facIlity, a clear distinction was apparent
between Black Bear the other proposals. Based on the Division's criteria established in
the RFP and priorities made known to all parties, the choice of Black Bear became an
obvious one. The reasons for selecting Black Bear Crossing's proposal among the
available options include:
A complete and thorough proposal and approach to the project.
A demonstrated financial capacity to operate as they proposed.
A sound managerial capacity and reputation within the community.
Como Lakeside recommendation
March 31, 2000
page two
(�b-39�'
• An understanding of the blending the Lakeside operation with other park
amenities.
• A viable approach for serving the park and communiry with the restaurant
operation, offering use of the facility on a year-round basis.
• A clear commitment to availability for community use.
• Provision of services at no financial risk to City. Providing annuai revenues
and other benefits to the Division.
To help you fully understand the rationale behind the selection of Black Bear, I have
provided a brief sunuuary of all of the proposals submitted as well as a description of
the review and selection process.
Review and Selection Process
February 25, 2QOQ Proposals From Vendors Submitted
February 28, 2000 Staff Perforn�ance Plan Submitted
March 1, 2000 Review, discussion and initial evaluation of written plans and
proposals. Kevin Finley (Ramsey County Parks Department)
assisted with this process for all proposals, Sue Feuerherm
(Contract and Analysis) assisted with this process for proposals
from vendors
March 3, 2000 Follow-up Interviews/Questions and Answers Sessions for all
plans and proposals. John Wirka assisted with this process for all
proposals, Sue Feuerherm (Contract and Analysis) assisted with
this process for proposais from vendors
March 6-8, 2000 Further evaluation and consideration
Greg Blees (City Council Office) was also invited to participate in the review and
evaluation process. However, he had to decline due to scheduling conflicts and the
short timelines.
Lancer Food Service Proposal
The Lancer Group offered a complete and thorough proposal, and as an organization,
clearly possesses the fmancial capaciry to operate the facility. Their continuing
successful operation of the food services at Como Zoo also establishes them as a serious
candidate for mavaging a successful operation. Although these strong characteristics
exist, the review process did not suggest that L,ancer's operation of the Lakeside would
be a great deviation from that offered by Prom Management.
• The reviewers were dissatisfied with Lancer's lack of commitment to operate in
the non-summer season.
• Lancer's proposed menu fell short of other proposals, as did their commitment
to community use.
In summary, Lancer would probably have been the safest option as the most proven,
experienced and capable operator (inciuding self-operation) for this type of facility.
However, Lancer's proposal did not respond to the Division's clear interest in
Como Lakeside recommendation
, March 31, 2000
page three
i� —�
establishing the Lakeside as a community facility/point of destination in the non-
summer months. During interviews they stated they would be willing to try winter
operation, and respond from that point to what the customers want. This approach
underscores Lancer's strength as an operator, taking full advantage of impulse sales.
However, this approach also reflects Iancer's position as a large company with many
diverse business interests. By structure, I.ancer's principals would be somewhat distant
from the daily decisions at a facility such as the Lakeside, leaving the day-to day
service issues and customer contacts to other staff.
Snnple Pleasures Cafe Pronosal
The Sunple Pleasures group submitted an interesting but lunited proposal. The
reviewers were all intrigued by the ideas of the principals and the possibility of working
with a start-up business to provide services at the Lakeside. This curiosity aside, the
review process raised three basic concerns that eliminated the proposal as a viable
option;
• A failure to offer a plan for operating the water concessions or banquet facility
• A lack of similar experience or any business capacity outside of the principals
and this proposal
• Questions related to the sufficiency of financial resources behind the proposal
Performance Plan for Self-Operation
After identifying Black Bear as the preferred outside vendor resulting from the RFP
process, it was then evaluated versus self-operation. The proposal for seif-operation
was thorough and professionally done and represented a viable option for operation.
After reviewing the text of the plan and talking with the employees involved, it was
concluded that this concept may indeed represent the best scenario for self-operation of
this facility. The plan made three key changes when compared to the previous method
of providing services:
• L'uniting hours/seasons of daily operation
• Limiting direct provision of catering services to groups greater than 100
• Expanding the use of concession carts in areas surrounding the Pavilion.
By making these changes, the performance plan suggests that self-operation can be
accomplished without financiai losses.
However, in reviewing the details of the plan two major questions surfaced:
• Sufficiency of and overall structure of staffmg levels.
• Realistic revenue projections from cart sales. .
The plan proposes the Lakeside be operated with 3 FTE supervisors and only 1.7 FTE
part-time/seasonal staff. Compounding this issue is the suggestion that supervisory
staff be kept full-time the enure year, while the majority of revenues from the facility
are derived over the three month summer season. Those warking on the plan were
asked to clarify if proposed staff was indeed adequate. The additional information
� i � i
Como L,akeside recommendation
March 31, 2000
page four
they provided suggests thatstaffing levels are possibie but not probable. On the
revenue side, the plan also forecasts revenues of over $1000/day for the concession
carts component. While the Division believes that carts can be an excellent revenue
center, we access the listed figure as too high. On average, 500 -$2 sales (roughly
50/hr) would be needed to reach this projection.
Even after taking these issues into account, a"break-even" operation may be possible,
although, unbudgeted accumulation of compensatory time for the three full-time staff
would likely occur. The key evaluation of the self-operation proposal however, is not
in the debatable financial considerations, but rather in two other key areas where the
Lancer proposal also fell short:
• The plan suggested a lack of commitment to operate in the non-summer season.
• The proposed menu fell short of other proposals.
The menu presented in the self-operation plan is extremely limited. The approach was
unchanged from our previous term of operation and differed littie from Prom's offering
the past two years. This may effectively exploit impulse sales, but even in combination
with concession carts, is unlikely to draw people to the facility in and of itself. This
was recognized in the plan by limiting services and hours in the non-sununer months,
assuming the volume of potential customers will be reduced and impulse sales will not
generate revenues necessary to meet costs.
In the final analysis, this plan did an outstanding job of focusing on what we are best at:
providing concessions with limited menu in seasonal operations. i3nfortunately, the
plan fails to offer anything unique in terms of a menu or creating non-summer uses for
the facility to estabiish a communiry facility/point of destination - two key evaluation
criteria and stated objectives of this process. These factors, in combination with
questions related to both revenue projections and staffmg levels, positioned the Black
Bear Crossing proposal as a clear choice.
Black Bear Crossine
The Black Bear proposal quickly emerged as the preferred option. The review
concluded that the Black Bear proposal was the oniy one that addressed the Division's
interest in fuliy maximizing the public's use of this faciliry. While other proposals
sought to eliminate staff costs and overhead costs by closing in the non-summer
months, Biack Bear will aggressively create customers (and revenues) by offering use
of space for meetings and conferences. Black Bear's proposed menu addresses both the
public's expectation of ineeting their impulse sales need (coffee house, concessions and
baked goods) and the Ciry's desire to create a point of distinction (unique theme,
restaurant foods). Black Bear comes with a solid reputation within the community,
evidenced in part by their letters of support, which will create an immediate customer
base. Black Bear also comes with the business capacity/staff flexibility to operate
immediately and take advantage of sales opportunities to large groups during theater
performances.
Como Lakeside recommendation
March 31, 2000
page five
t�a-�-`t�
In the first year of operations, Black Bear will make capital investments (lower level
and amenities estimated in value at $83,000) in order to facilitate operation as they
proposed. Additionaliy, the agreement before the Council provides the following
financial considerations to the City:
• 11 % of al] beverage sales from catered events.
• 8.5% of all food sales from catered events.
• A$12,000 flat-rate rent payment (additional to catering sales payments) in the
second year of the agzeement
• In any year following the second year of the agreement, payments (additional to
catering sales payments) based percentages of gross sales, with minunum
guarantees
• Black Bear will aiso post a performance bond
The proposed agreement is for an initial term of two-years. The contract allows for
extending the term for up to a totai of five years, provided that Black Bear is
performing satisfactorily. An additional five year extension option may be exercised by
the mutual assent of both parties. It should be noted that all proposais and plans
(including self-operation) suggested a five-year minunum term in order to establish
their business plan and justify and fmancial investment on their part.
Summarv
After thoughtful consideration and evaluation, Black Bear Crossings was identified as
the vendor of choice to operate the Como Lakeside Pavilion on behalf of the City. The
terms in this agreement address the objectives and criteria that were established in the
RFP process, and its implementation wiil ensure the consistency, quality and levei of
services that are needed at the pavilion and in the Como Park Community.
The Division of Parks and Recreation recommends the approval of resolution 00-298,
allowing the City to enter this agreement.
If you have any questions regarding resolution 00-298 or the proposed agreement with
Black Bear Crossing, please contact me at 266-6409.
VAW
cc: Susan Kunberly
G: \SP\WP\Superintendent\RPP2000.evaluarion.wpd
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MANAGEMENT AGREEMENT
This AGREBMENT, effective as of , 2000 by and between:
CITY OF SAIN1' PALTL, hereinafter called "CITY"
and
BLACK BEAR CROSSINGS, hereinafter called "BBC",
hereinafter jointly called "Parties", and also individually called "Pariy".
WITNESSETH:
WHEREAS, the CITY is the owner of pubiic pazk land commonly known as Como
Regional Park which contains the Como Lakeside Pavilion hereinafter called "PAVILION"; and
WHEREAS, the CITY desires to offer public recreational services at the PAVILION
including daily food service, banquets, meeting use, catering and recreational equipment rentals:
and
WHEREAS, the CITY believes that such services should be provided at a minimal
financial risk to the CITY; and
WHEREAS, BBC has proposed to the CITY that it manage and operate PAVILION on
behalf of the CITY; and
WHEREAS, both parties believe it is in their mutual best interest to enter into the herein
AGREEMENT for the provision of said services at the PAVILION.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, it is agreed as follows:
ARTICLE I
TERM
1.1 Initial Term. The initial term of this AGREEMENT sha11 be for two (2) operating
seasons. For the purposes of this AGREEMENT, this period of time will commence on
the day of execution of this AGREEMENT and end on Mazch 31, 2002.
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1.2 First Extension Option. BBC and the CITY may extend this Lease Agreement for an
additional period of three (3) yeazs which will automatically renew unless BBC and/or
CITY notifies the other, in writing, of its intent not to renew the AGREEMENT at least
three months prior to the expiration of the then current term. The CITY shall not be
obligated to agree to such renewal if BBC is in breach of any of the terms and conditions
of ttris AGREEMENT or if there has been a recurring pattem or pracrice by BBC of
failure to comply with the terms and conditions of said AGREEMENT whether or not
such failures were breaches thereof or were cured; provided, however, that in the absence
of such a breach or pattem or practice of failures, the CITY shall approve the renewal
request.
13 Second Extension Option. By mutual assent of the Parties, this AGREEMENT may be
extended under the same or minimally altered negotiated tezms and conditions for an
additional period of five (5) yeazs following the First E�ension (1.2).
1.4 Eactension Terms and Conditions. All terms and conditions of this AGREEMENT
applicable to the Initial Term (1.1) shall remain in effect for any Extended Term (1.2
and/or 13), except to the extent otherwise agreed by the parties in writing.
1.5 Aereement Yeazs. That the dates for determining yeazs for the AGREEMENT aze as
foilows:
Year One: Date of Agreement Execution - March 31, 2001
Year Two: April 1, 2001 - March 31, 2002
For any years subsequent to year two, the AGREEMENT year shall be April 1 of that
year through March 31 of the following year.
ARTICLE II
PAVILION MANAGEMENT AGREEMENT DEFINED
2.1 All other pazk lands and facilities other than those specifically defined in the
AGREEMENT as aze not governed in any way, implied or othenvise, by this
AGREEMENT and remain under the sole control and jurisdiction of the CITY.
2.2 This AGREEMBNT grants BBC the right to operate and manage the PAVILION under
the terms and conditions outlined herein. The PAVILION shall continue to be operated
for the use of the public and this AGREEMENT is not intended to grant exclusive use of
the PAVILION or to be a lease of the premises.
2
1i '
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ARTICLE III
OPERATION & MANAGEMENT
3.1 BBC will staff the PAVILION on a yeaz-round basis, for regulaz hours that shall be
posted at the facility. It is expected that beginniug May l, 2000, that the PAVILION will
be routinely stafFed at least during the listed times. BBC may adjust the regulaz hours of
operation, if approved by the CITI'.
May i - September 30 (annually�
Monday-Saturday 7:30 a.m. - 9:00 p.m.
Sunday 9 a.m. - 8:00 p.m.
October 1 - Auri130 lannuallvl
Monday-Saturday 8 a.m. - 5:00 p.m.
Sunday 9 a.m. - 5:00 p.m.
3.2 BBC will operate and staff the public food and beverage service during the hours listed in
3.1.
33 BBC will operate and staff the equipment rental services (water bikes and canoes)
between May and September during the term of this AGREEMENT.
3.4 BBC will schedule, operate and staff the facility for rentals and meetings that extend past
closing hours listed in 3.1.
3.5 BBC will manage or provide banquet catering services to be provided in conjunction with
room rental for events such as weddings and other receptions.
3.5.1 The BBC has represented and the CITY has agreed to a11ow BBC to subcontract
with Mintahoe Hospitality Group (Apples Catering, Perfect Host Catering and
Bay Beverage Service) for the provision of catering services as described in 3.5.
BBC has represented that Mintahoe will perform this function for the initial term
(1.1) of this AGREEMENT. A memo of understanding between Mintahoe, $BC
and the CITY is attached to this AGREEMENT as E�chibit 1.
3.5.2 In the event that foilowing the initial term (1.1) BBC desires to subcontract for the
provision of catering services as described in 3.5 with a provider other than
Mintahoe, any new provider will be subject to the approval of the CITY. Such
approval shall not be unreasonably withheld. The payments due to the CITY
from any new provider st�all be the same as stipulated in 4.1 unless a change is
consented to by the CITY.
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3.6 BBC may provide outdoor vending. Such vending is limited to the PAVILION
promenade, the walkways azound the PAVILION, and the pedestrian path azound Como
Lake.
ARTICLE IV
PAYMENT
4.1 For gross revenues generated at the PAVILION from banquet catering and beverage
services to be provided by Mintahoe Hospitality Crroup (3.5), BBC will pay the CITY an
amount of 8.5% of said revenues from food sales and 11 % of said revenues from all
beverage sales. Such revenues will be exclusive of any sales taxes collected by
Mintahoe. This payment is sepazate and in addition to any other payments as described
in this AGREEMENT, specifically those referenced in 4.2, 4.2.1, 4.2.2, 4.23 and 4.2.4.
4.1.1 For gross revenues generated at the PAVILION from banquet catering and
beverage services as described in 3.5 that are provided by directly by BBC, BBC
will pay the CITY an amount of 10% of said revenues. Such revenues wiil be
exclusive of any sales taxes collected by BBC. This payment is separate and in
addition to any other paqments as described in this AGREEMENT, specifically
those referenced in 4.2, 4.2.1, 4.2.2, 4.2.3 and 4.2.4
4.2 In addition to payments listed in 4.1 and 4.1.1, BBC will make payments to the CITY as
follows:
4.21 In year one of the AGREEMENT, BBC shall make no additional payment to the
CITY.
4.2.2 In year two of this AGREEMENT, BBC shall pay the CITY a flat fee of $12,000
to be provided in twelve monthly payments.
4.23 In the event that this AGREEMENT is extended to a third year as allowed by
Article 1.2, BBC shall pay the CITY an amount that is the greater of the
following: $25,000 or 10% of gross revenues that it realizes from room rentals,
equipment rentals, food and beverage sales excluding those listed in 4.1, and any
other sales generated by BBC at the PAVILION. Such revenues will be exclusive
of any sales taYes collected by BBC.
4.2.4 In the event that this AGREEMENT is extended beyond a third yeaz as allowed
by Article 1.2 and/or 1.3, BBC shall pay the CITY an amount that is the greater of
the following: $35,000 or 10% of gross revenues between $1 and $200,OOQ that it
realizes from room rentals, equipment rentals, food and beverage sales excluding
those listed in 4.1, and any other sales generated by BBC at the PAVILION and
15% of the same gross sales exceeding $200,000. Such revenues will be
exclusive of any sales taxes collected by BBC.
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43 T'he CITY has a right to inspect all books and records pertaining to the operation of
PAVILION by BBC. The CITY shall be granted inspection of said books and records by
providing BCC with written notice, whereby BBC shall have fifteen (15) days to provide
such information to the CTTY.
43.1 BBC shall maintain the right to inspect, ancUor arrange for the CITY to inspect, all
books and records pertaining to the business dealings at the PAVILION by
Mintahoe Hospitality Group. The such inspection of said books and records sha11
be granted by providing Mintahoe with written notice, whereby they sha11 have
fifteen (15) days to provide such information to the CITY. The rights ofBBC and
the CITY as provided for in 4.1 aze expressed in a memo of understanding
between Mintahoe, BBC and the CITY that is attached to this AGREEMENT as
Exhibit l.
4.4 For payments due the CITY as listed in Article 4, BBC shail pay the City on the last day
of each month for the previous month. On April 30`" of each yeaz following the second
year of this AGREEMENT, BBC shall pay the CITY any balance due.
ARTICLE V
IMPROVEMENTS TO THE PAVILION
S.1 B$C shail make no improvements or alterations to the PAVILION without the written
consent of the CITY. This includes approval prior to the implementation of
improvements listed in Article 5.2 of this AGREEMENT. The CITY may require such
information to be supplied by BBC as will enable the CITY to determine whether to
consent to any proposed improvements or alterations. All improvements and alterations
must meet applicable code requirements.
5.2 During the first year of operating the PAVILION, BBC will make the following
investments in the facility and operation:
5.2.1 An initial investment of up to $45,000 for china, flatwaze, glassware, a deli case, a
pastry case, coffee machines and other kitchen equipment. Such items will
remain the property of BBC. This investment will be made by July 1, 2000.
5.2.2 Spend up to $8,000 to finish the meeting room in the PAVILION basement. This
would include adding and finishing walls, adding a drop-tile acoustical ceiling,
lighting for the space and floor covering. All improvements made to this space
will become the properry of the CITY once the work is completed. BBC will also
provide fiimishings for the room to include tables, chairs, and meeting props such
as an overhead projector, screen, chalkboazd and flip charts. This equipment will
remain the properiy of BBC. This investment will be made by September 1, 2000.
ao -a�l�
523 Invest up to $30,000 to install a sound system and purchase audiolvisual
equipment for use throughout the PAVILION. Once installed, speakers and
wiring will become the properry of the CITY. Music equipment and audio/visual
equipment wiil remain the properiy of BBC.
ARTICLE VI
COVENANTS AND UNDERTAKINGS
6.1 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
6.1.1 The CITY shall periodically inspect the PAVILION and inform BBC in writing of
any conditions requiring attention as may be required to comply with the
obligations under this AGREEMENT.
61.2 BBC shall undertake no improvements, construction or alterations to PAVILION
without the prior review and approval of the CITY.
6.l .3 The CITY shall provide BBC with the CITY's participant accident report forms.
These forms shall be completed by BBC representatives in instances where
accidents on or near the PAVILION are reported to or witnessed by BBC
representatives. BBC shall deliver completed reports to the CITY within five
working (5) days following an accident on or near the PAVILION property.
6.1.5 This AGREEMENT does not exempt BBC or PAVILION customers from park
rules and regulations, except as may be provided elsewhere in this
AGREEMENT.
6.1.6 That BBC shall have full use of the CITY equipment and materials currently at
the PAVILION. That both parties understand that such use of equipment and
materials is in its current condition or on an "as is" hasis. BBC may make repairs
to such equipment and materials as to allow for its use. This may include
replacement of all equipment used by BBC (i.e. stoves, dishwasher, freezer,
coolers, refrigeration, canoes, waterbikes, etc). Further, BBC shall be responsible
for the repair and replacement of all tables, chairs, carts, etc. At the expiration of
this AGREEMENT, CITY equipment and materials wiil remain the property of
the CITY, retumed by BBC allowing for normal wear and teaz related to its use.
0
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6.1.7 BBC shall maintain exclusive right to the PAVILION for food and beverage
catering. Nothing, however, precludes the CITY from using the PAVILION for
sponsored functions providing they do not conflict with other scheduled banquets
or events. The CITY will utilize the services of BBC when CITY sponsored
events involve food and beverage service. In all instances where the CITY wishes
to use the PAVILION for meetings, receptions, etc., it will contact BBC ahead of
time to insure that the desired areas of the PAVILION are available. At no time
shall the CITY request or cause the cancellation of a rental already booked by
BBC.
6.1.8 Due to the fact that many events have already been booked in the PAVILION for
2000, BBC shall honor all contracts between the CITY (via Prom Management)
and the renter of the PAVILION. This may include caterers other than BBC
providing food and beverage service at the event.
6.1.8.1 Within the first month of BBC's operation of the PAVILION, the CITY
will contact customers with events that have been booked with Prom
Management (6.1.8) to advise them of the change in management from
Prom to BBC. Customers wiil be given the opportunity to choose to either
stay with Prom as their catering and beverage provider or contract with
BBC as a substitute.
6.1.8.2 BBC shall be entitled to revenue generated by the PAVILION from the
above referenced events. BBC shall be credited for 50% of commissions
that aze paid to the CITY by Prom Management for food and beverage
services. BBC will be credited with the enrire amount of room rental fees
for the above referenced events. In the event that these credits result in a
net amount due from the CITY to BBC on August 1, 2000 and December
1, 2000, BBC shall be paid the balance due. Such payment will be made
by the CITY within 10 days of the noted dates.
6.1.9 BBC shall have the full use of all of the areas of PAVILION with the following
exceptions:
6.1.9.1 Promenade area may be used only at those times when the CITY has no
concerts andlor plays scheduled.
6.1.9.2 Downstairs wanning room from mid-December to mid-Febniary each yeaz
when it may be used for skating.
6.1.93 Storage areas presently used by the CITY for the storage of Pazks and
Recreation equipment and theatrical supplies, equipment, props and
coshunes. Such equipment will remain under the sole caze, control and
custody of the CITY.
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6.1.10 In the event of inclement weather, BBC may with the consent of the Duector of
Parks and Recreation or his designee close down the PAVILION and remain
closed until favorable weather conditions prevail.
6.1.11 BBC may sell non food, souvenir type items at the PAVILION. However, all
items to be sold must be approved by the CITY prior to being put on sale. Such
approval shall not be unreasonably withheld. Sales made under this provision
shall be subject to and included in the same commission provision as all other
revenue generated at the PAVILION by BBC.
6.1.12 BBC shall be allowed to use the CITI"s Liquor License for the PAVILION as is
permitted by resolution by the St. Paul City Council. It is expressly understood
that this liquor licence will only be used for events catered by BBC and will not
be used in the concession azea operation. BBC shall upon being invoiced by the
CITY, reimburse the CITY for the cost of said license.
6.1.13 The CITY reserves the right to approve the placement and content of all signage
within and surrounding the PAVILION. Prior to placement of any signage, BBC
shall obtain written authorization from the CITY. No signage directly attached to
the exterior of the PAVILION will be permitted.
6.2 BBC specifically covenants and agrees;
6.21 To maintain the PAVILION in a safe, clean and orderly condition.
6.2.2 To, on an annual basis, set up a capital repair account of $5,000. The CITY and
BBC will meet annually to determine how to use these fixnds for improvements,
repairs and/or additions to the present facility. The $5,000 shall become available
on April 1 each yeaz beginning in 2001.
6.23 BBC shall provide complete and accurate accounting records for the PAVILION
using standazd and universally accepted accounting methods.
6.2.4 As described in 4.3, BBC shall, upon request of the CITY's Director of Pazks and
Recreation or his agents, provide records of all sales at no cost to the CITY.
6.2.5 By Apri130�' of each yeaz, BBC sha11 deliver to the CITY a compilation statement
prepared by a Certified Public Accountant and sworn to by the officers of BBC
which sets forth the income statement, balance sheet and gross sales made on or
from the PAVILION operation during the previous year.
8���9�'
6.2.6 BBC will provide a full tune on site Manager of the PAVILION. Such Manager
shall be made known to the CITY and will be on-site at the PAVILION for a
minimum average of forty hours weekly. BBC shall notify the CITY of any
changes in the position.
62.7 At events where liquor is served, BBC shall hire or cause to be hired an off duty
Saint Paul Police Officer, who shall be present during the period that liquor is
being served.
6.2.8 If at other times special Police services are deemed necessary by BBC they shall
be paid by for BBC.
6.2.9 BBC may schedule events at the PAVILTON from 6:00 a.m. to 12:00 midnight.
Further, if BBC schedules the promenade azea of the PAVILION, no music or
amplified sound may be used between the hours of 10:00 p.m. and 8:00 a.m. so as
not to disturb neazby residents.
6.2.10. By Mazch 15 of each year BBC will provide a listing of prices it intends to charge
the public for the various functions of the facility beginning the foilowing June 1�`.
This includes hall and room rental rates, catering rates, food and beverage rates
and rentai rates for the canoes, waterbikes and other equipment. The CITY shall
have thiriy (30) days from receipt of the proposed rate schedule(s) to approve or
disapprove them. Failure of the CITY to notify BBC of its approvai/disapproval
within thiriy (30) days will result in the rate being approved.
6.2.11 BBC shall conduct the operation of the PAVILION in such a manner as not to
bring criticism upon the CITY. BBC shall not permit the sale of heer or
intoxicating liquor in a manner contrary to any law or ordinance or the provisions
of any applicable liquar license or permit. BBC shall operate the Pavilion strictly
in conformity with all Federal, State, Counry ar City laws and ordinances.
6.2.12 BBC shall at all times have in plain view in the PAVILION a price list or printed
schedule of prices of all available commodities and services. BBC shall make
available an attractive menu including prices to groups or organizations for
banquets, parties or other events. Ail prices shall be competitively priced with
establishments within the service azea that have similaz functions.
6.213 BBC shali empioy an adequate nuxnber of personnel in the PAVILION to cover
the operations during the minimum hours of operation.
6.214 All employees of BBC shall be well groomed and dressed in such a manner as to
provide an appearance acceptable to the CITY.
�
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6.2.15 BBC is responsible for daily cleaning of the entire PAVILION. BBC shall at all
times keep the building in a clean and sanitary condition and shall comply with all
State and City health laws and local Health Department regulations. The CITY
shall define acceptable standards. Such standards shall include monthly cleaning
of all windows, light fixriues and woodwork. BBC shall also provide supplies for
the restrooms.
6.2.16 BBC is responsible for garbage removal throughout the yeaz. This inciudes
removing bottles, cans, paper, cups, wrappers and other debris on a daily basis,
and litter from the PAVILION and the Promenade azea when used by BBC.
6.2.17 BBC shall pay all utilities it uses in conjunction with the facility. Where feasible,
separate metering shall be done and billings will be made directly to BBC. Where
sepazate metering is not possible, the parties shall meet and determine to shaze in
the vazious costs on a pro rata basis.
6.218 The burglar alarm false alarm chazges shall be the responsibiliry of BBC.
6.219 That BBC shali provide the CITY with a copy of all agreements or contracts
between BBC and any pariy who will assist BBC in carrying out the stipulations
of this AGREEMENT.
6.2.20 To comply with ali State and Federal and Local laws, ordinances and regulations,
inciuding those prohibiting discrimination.
63 The CITY specifically covenants and agrees:
63.1 To provide BBC with the use of existing PAVILION equipment, in "as is"
condition. The CITY, in cooperation with BBC , wiil compile and maintain an
inventory of a11 equipment (including a notation of condition) being turned over to
the care and custody and control of BBC.
6.3.2 To annually contract for the harvesting of weeds from Lake Como prior to August
10"' of each year.
633 To annually assist BBC in inspecting water rental equipment (water bikes and
canoes).The City shall be responsible for maintaining all HVAC systems, the
elevator, and sprinkler systems and water, gas and electric services. The City shall
also be responsible for all ea�terior maintenance of the facility.
10
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7.1
63.4 The CITY is responsible for litter control azound Lake Como and the PAVILION
and the Promenade azea of the PAVILION except when the Promenade area is used
by BBC. The CITY shall use sepazate dumpsters from BBC for the trash and litter
it collects.
6.3.5 The CITY shail be responsible for the landscape and upkeep of the landscape
around the PAVILION.
6.3.6 The CITY is responsible for snow removal in the pazking lots and azound the
PAVILION.
ARTICLE VII
INSURANCE
BBC shall provide at its own cost and expense, and have in force during the term of the
agreement fhe following coverages:
7.1.1 Public Liability Insurance
Bodily Injury
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each accident
$2,000,000 aggregate
Property Damage
7.1.2 Automobile Insurance (coverage shall include: hired, non-owned and owned
automobiles)
Bodily Injury
Property Damage
$750,000 per person
$1,000,000 per accident
not less than $50,000 per accident
7.13 Worker's Compensation and Employer's Liability
Worker's Compensation per Minnesota Statutes
Employer's Liability shail have minimum limits of $SOQ000 per accident;
$500,000 per employee; $500,000 per disease policy limit.
7.1.4 Liquor Liability Insurance
$1,000,000 aggregate
Coverage shall include: Bodily Injury, Property Damage, and Loss of Means of Support.
7.2 BBC shall provide evidence of such coverage to the CITY upon execution of the
agreement. Nothing in this provision shall be construed in any manner as a waiver by the
CITY of its statutory limits of liability, immunities or exceptions. BBC shall be obligated
to maintain such coverage in fuil force and effect at all times that this AGREEMENT is in
effect, and failure to do so shall be a breach thereof.
11
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7.3 BBC shall supply to CITY a current insurance certificate for the policies required in
Secrion 7_
7.4 The limits cited under the insurance requirement above establish m;n;mums; and it is the
sole responsibility of BBC to purchase and maintain additional insurance that may be
necessary in relation to this agreement.
7.5 BBC shail place the insurance with responsible insurance companies authorized and
licensed to do business in the State of Minnesota, and shall deliver copies of the policies to
CITY on the date of this AGREEMENT. The policies required in Section 7 shall be
endorsed to indicate that the insurer cannot cancel or change the insurance without first
giving the CITY 30 days written notice.
7.6 If, for any reason, any of the insurance hereunder is void, BBC is responsible to the CITY
for the total amount of any uninsured loss.
7.7 BBC shall defend, indemnify and hold harmless the CITY, its officers, agents, employees
from and against every demand, claim, cause of action, judgement and expense, and all
other losses and damages arising from any injury or damage to the person or property of
BBC, or to any other person rightfully on the premises, where the injury or damage is
caused by the negligence or misconduct of BBC, its agents, or employees, or resuks from
the violation by BBC or any of its agents or employees of laws or ordinances or of the
provisions of this agreement.
7.8 The CITY shall defend, indemnify and hold harmless BBC, its officers, agents, employees
from and against every demand, ciaim, cause of action, judgement and expense, to any
person rightfully on the premises, where the injury or damage is caused by the negligence
or misconduct of the CITY, its agents, or employees. Nothing in this provision shall
constitute a waiver by the CITY of any statutory or other immunity or limitations on
liability.
ARTICLE VIII
ADMINISTRATION
8.1 For the purpose of the admimstration of this Lease Agreement, the CITY's representative
shall be the Director of Parks and Recreation and the BBC `s representative shall be its
President.
12
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ARTICLE IX
DEFAULTIREMEDY
9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties.
9.2 Limited Damage to PAVILION. If all or part of the PAVILION is rendered untenantable
by damage from fire or other casualty which in the reasonable opinion of an architect
selected by the CITY and approved by BBC, can be substanfially repaired under applicable
laws and governmental regulations within 120 days from the date of such casuaity
(employing normal construction methods without overtime or other premium) the CITY
shall forthwith at its own expense, repair such damage other than damage to nnprovements
such as furniture, chattels or trade fixtures owned by BBC, which shail be repaired
forthwith by BBC at its own expense.
93 Major Damage To Como Lakeside Pavilion. If all or a substantial part of the PAVILION is
rendered untenantable by damage from fire or other casualty to such a material extent that
in the reasonable opinion of an azchitect acceptable to the CITY and BBC, the PAVILION
cannot be substantially repaired under applicable laws and governmental regulations within
120 days from the date of such casualty (employing normal construction methods without
overtime or other premium), then the CITY may elect to terminate this agreement as of the
date of such casualty by written notice delivered to BBC not more than sixty (60) days after
the date of such casualty. The CITY at its option may at its own expense repair such
damage other than damage to property owned by BBC, which shall be repaired by BBC at
its own expense. BBC shall have the first right to operafe the facility in accordance with
the terms of this agreement upon the CITY's completion of reconstruction.
9.4 In the event that either party fails to perform any of the terms or conditions of this
AGREEMENT, or violates any term or condition thereof, such failure or violation shall be
a breach of the said AGREEMENT. In the event of such a breach, the other party may give
written notice of the breach to the pariy in breach. If the breach has not been cured or
remedied within thirty (30) days following the giving of such written notice, the other party
may terminate this AGREEMENT in its entirety.
9.5 In the event any provision contained in this AGREEMENT should be breached by either
pariy and said breach thereafter waived by the other party, such waiver shall be limited to
the particulaz breach so waived and shall not be deemed to waive any other breach
hereunder.
9.6 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by acts of God, such as fire, water, windstorm,
floods, freezing, or other acts such as waz or civil unrest which affect the leasehold property
in connection with its operation under this AGREEMENT.
13
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9.7 No remedy herein confened upon or reserved to either party under this AGREEMENT is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement or now or hereafter existing at law or in equiry or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impau any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.8 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any
provision or portion thereof, or the application thereof to any person or circumstances shall,
to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be
afFected thereby, and each provision of this AGREEMENT shall be valid and enforceable
to the fullest e�rtent provided by law.
9.9 BBC shall post a performance bond in the amount of $25,000 to guarantee the
management, performance of management and operations at the PAVILION. The bond
will be forfeited to the CITY in the event that BBC is found in an uncured breach of this
AGREEMENT as defined in article 9.
ARTTCLE X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Director of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�' Street
Saint Paul, MN 55102
AS TO BBC - David Glass, President
Black Bear Crossings
831 Como Ave.
3t. Paul, MN 55108
or such other subsequent address as the respective Parties shall designate in writing. The
time of giving such notice or communication shall be deemed to be the time when the same
is actually delivered to the other Party.
14
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ARTICLE XI
MISCELLANEOUS
11.1 Ca�tions and Headin¢. The captions and headings used herein are intended only foz the
convenience of the reference and are not to be used in construing this AGREEMENT.
11.2. Enrire Agreement. This AGREEMENT constitutes the full and complete agreement
beriveen the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused this AGREEMENT to be executed and
delivered in duplicate as of the date appearing on page one hereof.
APPROVED AS TO FORM:
City Attorney
BLACK BEAR CROSSINGS
David Glass, President
CITY OF SAINT PAUL:
Mayor, City of Saint Paul
Director of Parks and Recreation
Financial Services Airector
G:\SP\WPWgreemnts161ack Bear Crossings Como Lakeside.wpd
15
OR1GlNAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council FIle # � � —��
Green Sheet # ��
at
Presented By
Refened To
Committee: Date
2
WHEREAS, the Saint Paul City Council authorized the Division of Parks and Recreafion
to issue an RFP for the management and operation of Como Lake Pavilion in Council File #00-
72; and
4
5 WHEREAS, the Division of Pazks and Recreation, based upon its review of all of the
6 proposals received, wishes to enter into a Management Agreement with Black Beaz Crossings
7 for the operafion and management of Como Lake Pavilion; and
9
10
11
12
l3
14
15
16
17
18
19
WHEREAS, Section 8513(a) permits the Council by resolution to waive one or more of
the requirements of the Chapter, relating to managed competition; and
WIIEREAS, no City employee or employees have performed any of the functions to be
contracted out in the last year and a half at this site, and no city employee will be laid off,
reduced in hours, benefits or pay, demoted or transferred involuntarily as a result of this contract;
now, therefore be it
RESOLVED, that the Division of Parks and Recreation is authorized to enter into the
attached Agreement with Black Beaz Crossings for the operation and management of Como Lake
Pauilion notwithstanding the requirements of Saint Paul Legislative Code Chapter 85.
Adoption Certified by Council Secretary
BY: U \ � I�Y�
Approved by Mayor: � �
By: CLll�/./A �.�el,L/��
' " ���
�
Adopted by Council: nate � a.� p a
�`�����
Approved by Ma or for Submission to Council
ay: / z�
DEPAflTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106603
Parks and Recreation March 2s,
2000 00 -S9�
CONTACT PEPSON AND PHONE INITIAL/DATE INITIAVDATE
Mike Hahm- 266-6444 �'�� � pEPARTMENTDIRECTOR 4 QTYCOUNpL
ASSIGN �
xumaEP FO� Z GITY ATTORNEY - CITY CLERK
MUST BE ON COUNQL AGENDA BY (DATE1 POUTING ;
ORDER FINANCIAL SERVICES Dlft.
April 5, 2000 3 MAYOR (OR ASSISTANn e i'2`� 5 Parks
TOTAI K OF SIGNATURE PAGES � (CLIP ALl IOCATIONS FOR SIGNATURE7
ACTION REQUESTED:
Authorizing the Division of Parks and Recreation to enter into an agreement with Black Bear Crossings for the
management and operation of the Como Lakeside Pavilion, as required by the Saint Paul Administrative Code section
86.11.
RECOMMENpATIONS: Approve (A7 or fle�ec[ IR� PERSONAL SERVICE CONTflACTS MUST qNSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION pVILSEPVICECOMMISSION
— — 1. Has this person/firm ever worketl untler a conttact tor [M1is tlepartmenV
CIB COMMITTEE VES NO
A STAFF 2. Has ffiis persoNfirm ever been a ciry employee?
VES NO
DISTRICT COUNCiL
— — 3 Does this persoNfirm possess a skill not normally possessetl by any current aty employee?
SUPPORTSWHICHCOUNCILOBJECTIVE? VES NO
Explain all yes answers on separate sheet antl attach to 9reen sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV �Who, What, When, Where, Whyl:
The Division of Parks and Recreation wishes to enter an agreement with an outside vendor for the management of the
Como Lakeside Pavilion. The City has discontinued the agreement with its current provider (Prom Management
Services) effective April 1, 2000.
ADVANTAGESIF APPROVED:
The City will be able to offer services at the Como Lakeside Pavilion. Services to the public including: recreational
rentals, catering services, room rentals and food and beverage service will continue to be available through the term of
the agreement.
-.a
As cELea b� �'u aos: � _..+..,
DISADVANTAGES IF APPROVED�
None �"t�i� � 9 ����
DISADVANTAGES IF NOT APPFOVED:
The City may be unable to manage and operate the Como Lakeside Pavilion until an operator is in place�
TOTAL AMOUNT OF TRANSACTION $ COST/PEVENUE BUDGEfED �CIRQE ONE� YES NO
FUNDING SOURCE ACTIVfTV NUMBER 23123
FlNANCIAL WFOFMATION� �EXPLAIN)
a. _'�
Interdepartmental Memorandum
CITY OF SAINT PAUL
March 31, 2000
To: CouncIl President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Counciimember Kathy L,antry
Councilmember Jim Reiter
From: Vic Wittgenstein Y q Vu Iy�
�
Subject: Como Lakeside Pavilion
Ciry Council Agenda #21 - Resolution 00-298 (4/5/00)
Recommendation
After a staff review (including interviews) of the three proposals submitted by vendors
interested in operating Como Lakeside Pavilion and also reviewing the performance
plan submitted by Division of Parks and Recreation staff, the Division is re uc�esting
Citv Council approval to enter into the attached a�reement with BLACK BEAR
CROSSINGS
Timeline
The agreement will be effective immediately upon execution, and a transition of day-to-
day management complete by as early as April S. This conesponds to the temunation
of the City's relationship with Prom management group, effective April 1, 2000. If an
agreement is not in place, various aspects of the Lakeside operation may not be
available to the public.
Rationale
Although the analysis indicated that three of the options (Black Bear, Lancer and Self-
Operation) allowed for viable operation of the facIlity, a clear distinction was apparent
between Black Bear the other proposals. Based on the Division's criteria established in
the RFP and priorities made known to all parties, the choice of Black Bear became an
obvious one. The reasons for selecting Black Bear Crossing's proposal among the
available options include:
A complete and thorough proposal and approach to the project.
A demonstrated financial capacity to operate as they proposed.
A sound managerial capacity and reputation within the community.
Como Lakeside recommendation
March 31, 2000
page two
(�b-39�'
• An understanding of the blending the Lakeside operation with other park
amenities.
• A viable approach for serving the park and communiry with the restaurant
operation, offering use of the facility on a year-round basis.
• A clear commitment to availability for community use.
• Provision of services at no financial risk to City. Providing annuai revenues
and other benefits to the Division.
To help you fully understand the rationale behind the selection of Black Bear, I have
provided a brief sunuuary of all of the proposals submitted as well as a description of
the review and selection process.
Review and Selection Process
February 25, 2QOQ Proposals From Vendors Submitted
February 28, 2000 Staff Perforn�ance Plan Submitted
March 1, 2000 Review, discussion and initial evaluation of written plans and
proposals. Kevin Finley (Ramsey County Parks Department)
assisted with this process for all proposals, Sue Feuerherm
(Contract and Analysis) assisted with this process for proposals
from vendors
March 3, 2000 Follow-up Interviews/Questions and Answers Sessions for all
plans and proposals. John Wirka assisted with this process for all
proposals, Sue Feuerherm (Contract and Analysis) assisted with
this process for proposais from vendors
March 6-8, 2000 Further evaluation and consideration
Greg Blees (City Council Office) was also invited to participate in the review and
evaluation process. However, he had to decline due to scheduling conflicts and the
short timelines.
Lancer Food Service Proposal
The Lancer Group offered a complete and thorough proposal, and as an organization,
clearly possesses the fmancial capaciry to operate the facility. Their continuing
successful operation of the food services at Como Zoo also establishes them as a serious
candidate for mavaging a successful operation. Although these strong characteristics
exist, the review process did not suggest that L,ancer's operation of the Lakeside would
be a great deviation from that offered by Prom Management.
• The reviewers were dissatisfied with Lancer's lack of commitment to operate in
the non-summer season.
• Lancer's proposed menu fell short of other proposals, as did their commitment
to community use.
In summary, Lancer would probably have been the safest option as the most proven,
experienced and capable operator (inciuding self-operation) for this type of facility.
However, Lancer's proposal did not respond to the Division's clear interest in
Como Lakeside recommendation
, March 31, 2000
page three
i� —�
establishing the Lakeside as a community facility/point of destination in the non-
summer months. During interviews they stated they would be willing to try winter
operation, and respond from that point to what the customers want. This approach
underscores Lancer's strength as an operator, taking full advantage of impulse sales.
However, this approach also reflects Iancer's position as a large company with many
diverse business interests. By structure, I.ancer's principals would be somewhat distant
from the daily decisions at a facility such as the Lakeside, leaving the day-to day
service issues and customer contacts to other staff.
Snnple Pleasures Cafe Pronosal
The Sunple Pleasures group submitted an interesting but lunited proposal. The
reviewers were all intrigued by the ideas of the principals and the possibility of working
with a start-up business to provide services at the Lakeside. This curiosity aside, the
review process raised three basic concerns that eliminated the proposal as a viable
option;
• A failure to offer a plan for operating the water concessions or banquet facility
• A lack of similar experience or any business capacity outside of the principals
and this proposal
• Questions related to the sufficiency of financial resources behind the proposal
Performance Plan for Self-Operation
After identifying Black Bear as the preferred outside vendor resulting from the RFP
process, it was then evaluated versus self-operation. The proposal for seif-operation
was thorough and professionally done and represented a viable option for operation.
After reviewing the text of the plan and talking with the employees involved, it was
concluded that this concept may indeed represent the best scenario for self-operation of
this facility. The plan made three key changes when compared to the previous method
of providing services:
• L'uniting hours/seasons of daily operation
• Limiting direct provision of catering services to groups greater than 100
• Expanding the use of concession carts in areas surrounding the Pavilion.
By making these changes, the performance plan suggests that self-operation can be
accomplished without financiai losses.
However, in reviewing the details of the plan two major questions surfaced:
• Sufficiency of and overall structure of staffmg levels.
• Realistic revenue projections from cart sales. .
The plan proposes the Lakeside be operated with 3 FTE supervisors and only 1.7 FTE
part-time/seasonal staff. Compounding this issue is the suggestion that supervisory
staff be kept full-time the enure year, while the majority of revenues from the facility
are derived over the three month summer season. Those warking on the plan were
asked to clarify if proposed staff was indeed adequate. The additional information
� i � i
Como L,akeside recommendation
March 31, 2000
page four
they provided suggests thatstaffing levels are possibie but not probable. On the
revenue side, the plan also forecasts revenues of over $1000/day for the concession
carts component. While the Division believes that carts can be an excellent revenue
center, we access the listed figure as too high. On average, 500 -$2 sales (roughly
50/hr) would be needed to reach this projection.
Even after taking these issues into account, a"break-even" operation may be possible,
although, unbudgeted accumulation of compensatory time for the three full-time staff
would likely occur. The key evaluation of the self-operation proposal however, is not
in the debatable financial considerations, but rather in two other key areas where the
Lancer proposal also fell short:
• The plan suggested a lack of commitment to operate in the non-summer season.
• The proposed menu fell short of other proposals.
The menu presented in the self-operation plan is extremely limited. The approach was
unchanged from our previous term of operation and differed littie from Prom's offering
the past two years. This may effectively exploit impulse sales, but even in combination
with concession carts, is unlikely to draw people to the facility in and of itself. This
was recognized in the plan by limiting services and hours in the non-sununer months,
assuming the volume of potential customers will be reduced and impulse sales will not
generate revenues necessary to meet costs.
In the final analysis, this plan did an outstanding job of focusing on what we are best at:
providing concessions with limited menu in seasonal operations. i3nfortunately, the
plan fails to offer anything unique in terms of a menu or creating non-summer uses for
the facility to estabiish a communiry facility/point of destination - two key evaluation
criteria and stated objectives of this process. These factors, in combination with
questions related to both revenue projections and staffmg levels, positioned the Black
Bear Crossing proposal as a clear choice.
Black Bear Crossine
The Black Bear proposal quickly emerged as the preferred option. The review
concluded that the Black Bear proposal was the oniy one that addressed the Division's
interest in fuliy maximizing the public's use of this faciliry. While other proposals
sought to eliminate staff costs and overhead costs by closing in the non-summer
months, Biack Bear will aggressively create customers (and revenues) by offering use
of space for meetings and conferences. Black Bear's proposed menu addresses both the
public's expectation of ineeting their impulse sales need (coffee house, concessions and
baked goods) and the Ciry's desire to create a point of distinction (unique theme,
restaurant foods). Black Bear comes with a solid reputation within the community,
evidenced in part by their letters of support, which will create an immediate customer
base. Black Bear also comes with the business capacity/staff flexibility to operate
immediately and take advantage of sales opportunities to large groups during theater
performances.
Como Lakeside recommendation
March 31, 2000
page five
t�a-�-`t�
In the first year of operations, Black Bear will make capital investments (lower level
and amenities estimated in value at $83,000) in order to facilitate operation as they
proposed. Additionaliy, the agreement before the Council provides the following
financial considerations to the City:
• 11 % of al] beverage sales from catered events.
• 8.5% of all food sales from catered events.
• A$12,000 flat-rate rent payment (additional to catering sales payments) in the
second year of the agzeement
• In any year following the second year of the agreement, payments (additional to
catering sales payments) based percentages of gross sales, with minunum
guarantees
• Black Bear will aiso post a performance bond
The proposed agreement is for an initial term of two-years. The contract allows for
extending the term for up to a totai of five years, provided that Black Bear is
performing satisfactorily. An additional five year extension option may be exercised by
the mutual assent of both parties. It should be noted that all proposais and plans
(including self-operation) suggested a five-year minunum term in order to establish
their business plan and justify and fmancial investment on their part.
Summarv
After thoughtful consideration and evaluation, Black Bear Crossings was identified as
the vendor of choice to operate the Como Lakeside Pavilion on behalf of the City. The
terms in this agreement address the objectives and criteria that were established in the
RFP process, and its implementation wiil ensure the consistency, quality and levei of
services that are needed at the pavilion and in the Como Park Community.
The Division of Parks and Recreation recommends the approval of resolution 00-298,
allowing the City to enter this agreement.
If you have any questions regarding resolution 00-298 or the proposed agreement with
Black Bear Crossing, please contact me at 266-6409.
VAW
cc: Susan Kunberly
G: \SP\WP\Superintendent\RPP2000.evaluarion.wpd
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MANAGEMENT AGREEMENT
This AGREBMENT, effective as of , 2000 by and between:
CITY OF SAIN1' PALTL, hereinafter called "CITY"
and
BLACK BEAR CROSSINGS, hereinafter called "BBC",
hereinafter jointly called "Parties", and also individually called "Pariy".
WITNESSETH:
WHEREAS, the CITY is the owner of pubiic pazk land commonly known as Como
Regional Park which contains the Como Lakeside Pavilion hereinafter called "PAVILION"; and
WHEREAS, the CITY desires to offer public recreational services at the PAVILION
including daily food service, banquets, meeting use, catering and recreational equipment rentals:
and
WHEREAS, the CITY believes that such services should be provided at a minimal
financial risk to the CITY; and
WHEREAS, BBC has proposed to the CITY that it manage and operate PAVILION on
behalf of the CITY; and
WHEREAS, both parties believe it is in their mutual best interest to enter into the herein
AGREEMENT for the provision of said services at the PAVILION.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, it is agreed as follows:
ARTICLE I
TERM
1.1 Initial Term. The initial term of this AGREEMENT sha11 be for two (2) operating
seasons. For the purposes of this AGREEMENT, this period of time will commence on
the day of execution of this AGREEMENT and end on Mazch 31, 2002.
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1.2 First Extension Option. BBC and the CITY may extend this Lease Agreement for an
additional period of three (3) yeazs which will automatically renew unless BBC and/or
CITY notifies the other, in writing, of its intent not to renew the AGREEMENT at least
three months prior to the expiration of the then current term. The CITY shall not be
obligated to agree to such renewal if BBC is in breach of any of the terms and conditions
of ttris AGREEMENT or if there has been a recurring pattem or pracrice by BBC of
failure to comply with the terms and conditions of said AGREEMENT whether or not
such failures were breaches thereof or were cured; provided, however, that in the absence
of such a breach or pattem or practice of failures, the CITY shall approve the renewal
request.
13 Second Extension Option. By mutual assent of the Parties, this AGREEMENT may be
extended under the same or minimally altered negotiated tezms and conditions for an
additional period of five (5) yeazs following the First E�ension (1.2).
1.4 Eactension Terms and Conditions. All terms and conditions of this AGREEMENT
applicable to the Initial Term (1.1) shall remain in effect for any Extended Term (1.2
and/or 13), except to the extent otherwise agreed by the parties in writing.
1.5 Aereement Yeazs. That the dates for determining yeazs for the AGREEMENT aze as
foilows:
Year One: Date of Agreement Execution - March 31, 2001
Year Two: April 1, 2001 - March 31, 2002
For any years subsequent to year two, the AGREEMENT year shall be April 1 of that
year through March 31 of the following year.
ARTICLE II
PAVILION MANAGEMENT AGREEMENT DEFINED
2.1 All other pazk lands and facilities other than those specifically defined in the
AGREEMENT as aze not governed in any way, implied or othenvise, by this
AGREEMENT and remain under the sole control and jurisdiction of the CITY.
2.2 This AGREEMBNT grants BBC the right to operate and manage the PAVILION under
the terms and conditions outlined herein. The PAVILION shall continue to be operated
for the use of the public and this AGREEMENT is not intended to grant exclusive use of
the PAVILION or to be a lease of the premises.
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ARTICLE III
OPERATION & MANAGEMENT
3.1 BBC will staff the PAVILION on a yeaz-round basis, for regulaz hours that shall be
posted at the facility. It is expected that beginniug May l, 2000, that the PAVILION will
be routinely stafFed at least during the listed times. BBC may adjust the regulaz hours of
operation, if approved by the CITI'.
May i - September 30 (annually�
Monday-Saturday 7:30 a.m. - 9:00 p.m.
Sunday 9 a.m. - 8:00 p.m.
October 1 - Auri130 lannuallvl
Monday-Saturday 8 a.m. - 5:00 p.m.
Sunday 9 a.m. - 5:00 p.m.
3.2 BBC will operate and staff the public food and beverage service during the hours listed in
3.1.
33 BBC will operate and staff the equipment rental services (water bikes and canoes)
between May and September during the term of this AGREEMENT.
3.4 BBC will schedule, operate and staff the facility for rentals and meetings that extend past
closing hours listed in 3.1.
3.5 BBC will manage or provide banquet catering services to be provided in conjunction with
room rental for events such as weddings and other receptions.
3.5.1 The BBC has represented and the CITY has agreed to a11ow BBC to subcontract
with Mintahoe Hospitality Group (Apples Catering, Perfect Host Catering and
Bay Beverage Service) for the provision of catering services as described in 3.5.
BBC has represented that Mintahoe will perform this function for the initial term
(1.1) of this AGREEMENT. A memo of understanding between Mintahoe, $BC
and the CITY is attached to this AGREEMENT as E�chibit 1.
3.5.2 In the event that foilowing the initial term (1.1) BBC desires to subcontract for the
provision of catering services as described in 3.5 with a provider other than
Mintahoe, any new provider will be subject to the approval of the CITY. Such
approval shall not be unreasonably withheld. The payments due to the CITY
from any new provider st�all be the same as stipulated in 4.1 unless a change is
consented to by the CITY.
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3.6 BBC may provide outdoor vending. Such vending is limited to the PAVILION
promenade, the walkways azound the PAVILION, and the pedestrian path azound Como
Lake.
ARTICLE IV
PAYMENT
4.1 For gross revenues generated at the PAVILION from banquet catering and beverage
services to be provided by Mintahoe Hospitality Crroup (3.5), BBC will pay the CITY an
amount of 8.5% of said revenues from food sales and 11 % of said revenues from all
beverage sales. Such revenues will be exclusive of any sales taxes collected by
Mintahoe. This payment is sepazate and in addition to any other payments as described
in this AGREEMENT, specifically those referenced in 4.2, 4.2.1, 4.2.2, 4.23 and 4.2.4.
4.1.1 For gross revenues generated at the PAVILION from banquet catering and
beverage services as described in 3.5 that are provided by directly by BBC, BBC
will pay the CITY an amount of 10% of said revenues. Such revenues wiil be
exclusive of any sales taxes collected by BBC. This payment is separate and in
addition to any other paqments as described in this AGREEMENT, specifically
those referenced in 4.2, 4.2.1, 4.2.2, 4.2.3 and 4.2.4
4.2 In addition to payments listed in 4.1 and 4.1.1, BBC will make payments to the CITY as
follows:
4.21 In year one of the AGREEMENT, BBC shall make no additional payment to the
CITY.
4.2.2 In year two of this AGREEMENT, BBC shall pay the CITY a flat fee of $12,000
to be provided in twelve monthly payments.
4.23 In the event that this AGREEMENT is extended to a third year as allowed by
Article 1.2, BBC shall pay the CITY an amount that is the greater of the
following: $25,000 or 10% of gross revenues that it realizes from room rentals,
equipment rentals, food and beverage sales excluding those listed in 4.1, and any
other sales generated by BBC at the PAVILION. Such revenues will be exclusive
of any sales taYes collected by BBC.
4.2.4 In the event that this AGREEMENT is extended beyond a third yeaz as allowed
by Article 1.2 and/or 1.3, BBC shall pay the CITY an amount that is the greater of
the following: $35,000 or 10% of gross revenues between $1 and $200,OOQ that it
realizes from room rentals, equipment rentals, food and beverage sales excluding
those listed in 4.1, and any other sales generated by BBC at the PAVILION and
15% of the same gross sales exceeding $200,000. Such revenues will be
exclusive of any sales taxes collected by BBC.
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43 T'he CITY has a right to inspect all books and records pertaining to the operation of
PAVILION by BBC. The CITY shall be granted inspection of said books and records by
providing BCC with written notice, whereby BBC shall have fifteen (15) days to provide
such information to the CTTY.
43.1 BBC shall maintain the right to inspect, ancUor arrange for the CITY to inspect, all
books and records pertaining to the business dealings at the PAVILION by
Mintahoe Hospitality Group. The such inspection of said books and records sha11
be granted by providing Mintahoe with written notice, whereby they sha11 have
fifteen (15) days to provide such information to the CITY. The rights ofBBC and
the CITY as provided for in 4.1 aze expressed in a memo of understanding
between Mintahoe, BBC and the CITY that is attached to this AGREEMENT as
Exhibit l.
4.4 For payments due the CITY as listed in Article 4, BBC shail pay the City on the last day
of each month for the previous month. On April 30`" of each yeaz following the second
year of this AGREEMENT, BBC shall pay the CITY any balance due.
ARTICLE V
IMPROVEMENTS TO THE PAVILION
S.1 B$C shail make no improvements or alterations to the PAVILION without the written
consent of the CITY. This includes approval prior to the implementation of
improvements listed in Article 5.2 of this AGREEMENT. The CITY may require such
information to be supplied by BBC as will enable the CITY to determine whether to
consent to any proposed improvements or alterations. All improvements and alterations
must meet applicable code requirements.
5.2 During the first year of operating the PAVILION, BBC will make the following
investments in the facility and operation:
5.2.1 An initial investment of up to $45,000 for china, flatwaze, glassware, a deli case, a
pastry case, coffee machines and other kitchen equipment. Such items will
remain the property of BBC. This investment will be made by July 1, 2000.
5.2.2 Spend up to $8,000 to finish the meeting room in the PAVILION basement. This
would include adding and finishing walls, adding a drop-tile acoustical ceiling,
lighting for the space and floor covering. All improvements made to this space
will become the properry of the CITY once the work is completed. BBC will also
provide fiimishings for the room to include tables, chairs, and meeting props such
as an overhead projector, screen, chalkboazd and flip charts. This equipment will
remain the properiy of BBC. This investment will be made by September 1, 2000.
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523 Invest up to $30,000 to install a sound system and purchase audiolvisual
equipment for use throughout the PAVILION. Once installed, speakers and
wiring will become the properry of the CITY. Music equipment and audio/visual
equipment wiil remain the properiy of BBC.
ARTICLE VI
COVENANTS AND UNDERTAKINGS
6.1 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
6.1.1 The CITY shall periodically inspect the PAVILION and inform BBC in writing of
any conditions requiring attention as may be required to comply with the
obligations under this AGREEMENT.
61.2 BBC shall undertake no improvements, construction or alterations to PAVILION
without the prior review and approval of the CITY.
6.l .3 The CITY shall provide BBC with the CITY's participant accident report forms.
These forms shall be completed by BBC representatives in instances where
accidents on or near the PAVILION are reported to or witnessed by BBC
representatives. BBC shall deliver completed reports to the CITY within five
working (5) days following an accident on or near the PAVILION property.
6.1.5 This AGREEMENT does not exempt BBC or PAVILION customers from park
rules and regulations, except as may be provided elsewhere in this
AGREEMENT.
6.1.6 That BBC shall have full use of the CITY equipment and materials currently at
the PAVILION. That both parties understand that such use of equipment and
materials is in its current condition or on an "as is" hasis. BBC may make repairs
to such equipment and materials as to allow for its use. This may include
replacement of all equipment used by BBC (i.e. stoves, dishwasher, freezer,
coolers, refrigeration, canoes, waterbikes, etc). Further, BBC shall be responsible
for the repair and replacement of all tables, chairs, carts, etc. At the expiration of
this AGREEMENT, CITY equipment and materials wiil remain the property of
the CITY, retumed by BBC allowing for normal wear and teaz related to its use.
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6.1.7 BBC shall maintain exclusive right to the PAVILION for food and beverage
catering. Nothing, however, precludes the CITY from using the PAVILION for
sponsored functions providing they do not conflict with other scheduled banquets
or events. The CITY will utilize the services of BBC when CITY sponsored
events involve food and beverage service. In all instances where the CITY wishes
to use the PAVILION for meetings, receptions, etc., it will contact BBC ahead of
time to insure that the desired areas of the PAVILION are available. At no time
shall the CITY request or cause the cancellation of a rental already booked by
BBC.
6.1.8 Due to the fact that many events have already been booked in the PAVILION for
2000, BBC shall honor all contracts between the CITY (via Prom Management)
and the renter of the PAVILION. This may include caterers other than BBC
providing food and beverage service at the event.
6.1.8.1 Within the first month of BBC's operation of the PAVILION, the CITY
will contact customers with events that have been booked with Prom
Management (6.1.8) to advise them of the change in management from
Prom to BBC. Customers wiil be given the opportunity to choose to either
stay with Prom as their catering and beverage provider or contract with
BBC as a substitute.
6.1.8.2 BBC shall be entitled to revenue generated by the PAVILION from the
above referenced events. BBC shall be credited for 50% of commissions
that aze paid to the CITY by Prom Management for food and beverage
services. BBC will be credited with the enrire amount of room rental fees
for the above referenced events. In the event that these credits result in a
net amount due from the CITY to BBC on August 1, 2000 and December
1, 2000, BBC shall be paid the balance due. Such payment will be made
by the CITY within 10 days of the noted dates.
6.1.9 BBC shall have the full use of all of the areas of PAVILION with the following
exceptions:
6.1.9.1 Promenade area may be used only at those times when the CITY has no
concerts andlor plays scheduled.
6.1.9.2 Downstairs wanning room from mid-December to mid-Febniary each yeaz
when it may be used for skating.
6.1.93 Storage areas presently used by the CITY for the storage of Pazks and
Recreation equipment and theatrical supplies, equipment, props and
coshunes. Such equipment will remain under the sole caze, control and
custody of the CITY.
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6.1.10 In the event of inclement weather, BBC may with the consent of the Duector of
Parks and Recreation or his designee close down the PAVILION and remain
closed until favorable weather conditions prevail.
6.1.11 BBC may sell non food, souvenir type items at the PAVILION. However, all
items to be sold must be approved by the CITY prior to being put on sale. Such
approval shall not be unreasonably withheld. Sales made under this provision
shall be subject to and included in the same commission provision as all other
revenue generated at the PAVILION by BBC.
6.1.12 BBC shall be allowed to use the CITI"s Liquor License for the PAVILION as is
permitted by resolution by the St. Paul City Council. It is expressly understood
that this liquor licence will only be used for events catered by BBC and will not
be used in the concession azea operation. BBC shall upon being invoiced by the
CITY, reimburse the CITY for the cost of said license.
6.1.13 The CITY reserves the right to approve the placement and content of all signage
within and surrounding the PAVILION. Prior to placement of any signage, BBC
shall obtain written authorization from the CITY. No signage directly attached to
the exterior of the PAVILION will be permitted.
6.2 BBC specifically covenants and agrees;
6.21 To maintain the PAVILION in a safe, clean and orderly condition.
6.2.2 To, on an annual basis, set up a capital repair account of $5,000. The CITY and
BBC will meet annually to determine how to use these fixnds for improvements,
repairs and/or additions to the present facility. The $5,000 shall become available
on April 1 each yeaz beginning in 2001.
6.23 BBC shall provide complete and accurate accounting records for the PAVILION
using standazd and universally accepted accounting methods.
6.2.4 As described in 4.3, BBC shall, upon request of the CITY's Director of Pazks and
Recreation or his agents, provide records of all sales at no cost to the CITY.
6.2.5 By Apri130�' of each yeaz, BBC sha11 deliver to the CITY a compilation statement
prepared by a Certified Public Accountant and sworn to by the officers of BBC
which sets forth the income statement, balance sheet and gross sales made on or
from the PAVILION operation during the previous year.
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6.2.6 BBC will provide a full tune on site Manager of the PAVILION. Such Manager
shall be made known to the CITY and will be on-site at the PAVILION for a
minimum average of forty hours weekly. BBC shall notify the CITY of any
changes in the position.
62.7 At events where liquor is served, BBC shall hire or cause to be hired an off duty
Saint Paul Police Officer, who shall be present during the period that liquor is
being served.
6.2.8 If at other times special Police services are deemed necessary by BBC they shall
be paid by for BBC.
6.2.9 BBC may schedule events at the PAVILTON from 6:00 a.m. to 12:00 midnight.
Further, if BBC schedules the promenade azea of the PAVILION, no music or
amplified sound may be used between the hours of 10:00 p.m. and 8:00 a.m. so as
not to disturb neazby residents.
6.2.10. By Mazch 15 of each year BBC will provide a listing of prices it intends to charge
the public for the various functions of the facility beginning the foilowing June 1�`.
This includes hall and room rental rates, catering rates, food and beverage rates
and rentai rates for the canoes, waterbikes and other equipment. The CITY shall
have thiriy (30) days from receipt of the proposed rate schedule(s) to approve or
disapprove them. Failure of the CITY to notify BBC of its approvai/disapproval
within thiriy (30) days will result in the rate being approved.
6.2.11 BBC shall conduct the operation of the PAVILION in such a manner as not to
bring criticism upon the CITY. BBC shall not permit the sale of heer or
intoxicating liquor in a manner contrary to any law or ordinance or the provisions
of any applicable liquar license or permit. BBC shall operate the Pavilion strictly
in conformity with all Federal, State, Counry ar City laws and ordinances.
6.2.12 BBC shall at all times have in plain view in the PAVILION a price list or printed
schedule of prices of all available commodities and services. BBC shall make
available an attractive menu including prices to groups or organizations for
banquets, parties or other events. Ail prices shall be competitively priced with
establishments within the service azea that have similaz functions.
6.213 BBC shali empioy an adequate nuxnber of personnel in the PAVILION to cover
the operations during the minimum hours of operation.
6.214 All employees of BBC shall be well groomed and dressed in such a manner as to
provide an appearance acceptable to the CITY.
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6.2.15 BBC is responsible for daily cleaning of the entire PAVILION. BBC shall at all
times keep the building in a clean and sanitary condition and shall comply with all
State and City health laws and local Health Department regulations. The CITY
shall define acceptable standards. Such standards shall include monthly cleaning
of all windows, light fixriues and woodwork. BBC shall also provide supplies for
the restrooms.
6.2.16 BBC is responsible for garbage removal throughout the yeaz. This inciudes
removing bottles, cans, paper, cups, wrappers and other debris on a daily basis,
and litter from the PAVILION and the Promenade azea when used by BBC.
6.2.17 BBC shall pay all utilities it uses in conjunction with the facility. Where feasible,
separate metering shall be done and billings will be made directly to BBC. Where
sepazate metering is not possible, the parties shall meet and determine to shaze in
the vazious costs on a pro rata basis.
6.218 The burglar alarm false alarm chazges shall be the responsibiliry of BBC.
6.219 That BBC shali provide the CITY with a copy of all agreements or contracts
between BBC and any pariy who will assist BBC in carrying out the stipulations
of this AGREEMENT.
6.2.20 To comply with ali State and Federal and Local laws, ordinances and regulations,
inciuding those prohibiting discrimination.
63 The CITY specifically covenants and agrees:
63.1 To provide BBC with the use of existing PAVILION equipment, in "as is"
condition. The CITY, in cooperation with BBC , wiil compile and maintain an
inventory of a11 equipment (including a notation of condition) being turned over to
the care and custody and control of BBC.
6.3.2 To annually contract for the harvesting of weeds from Lake Como prior to August
10"' of each year.
633 To annually assist BBC in inspecting water rental equipment (water bikes and
canoes).The City shall be responsible for maintaining all HVAC systems, the
elevator, and sprinkler systems and water, gas and electric services. The City shall
also be responsible for all ea�terior maintenance of the facility.
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7.1
63.4 The CITY is responsible for litter control azound Lake Como and the PAVILION
and the Promenade azea of the PAVILION except when the Promenade area is used
by BBC. The CITY shall use sepazate dumpsters from BBC for the trash and litter
it collects.
6.3.5 The CITY shail be responsible for the landscape and upkeep of the landscape
around the PAVILION.
6.3.6 The CITY is responsible for snow removal in the pazking lots and azound the
PAVILION.
ARTICLE VII
INSURANCE
BBC shall provide at its own cost and expense, and have in force during the term of the
agreement fhe following coverages:
7.1.1 Public Liability Insurance
Bodily Injury
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each accident
$2,000,000 aggregate
Property Damage
7.1.2 Automobile Insurance (coverage shall include: hired, non-owned and owned
automobiles)
Bodily Injury
Property Damage
$750,000 per person
$1,000,000 per accident
not less than $50,000 per accident
7.13 Worker's Compensation and Employer's Liability
Worker's Compensation per Minnesota Statutes
Employer's Liability shail have minimum limits of $SOQ000 per accident;
$500,000 per employee; $500,000 per disease policy limit.
7.1.4 Liquor Liability Insurance
$1,000,000 aggregate
Coverage shall include: Bodily Injury, Property Damage, and Loss of Means of Support.
7.2 BBC shall provide evidence of such coverage to the CITY upon execution of the
agreement. Nothing in this provision shall be construed in any manner as a waiver by the
CITY of its statutory limits of liability, immunities or exceptions. BBC shall be obligated
to maintain such coverage in fuil force and effect at all times that this AGREEMENT is in
effect, and failure to do so shall be a breach thereof.
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7.3 BBC shall supply to CITY a current insurance certificate for the policies required in
Secrion 7_
7.4 The limits cited under the insurance requirement above establish m;n;mums; and it is the
sole responsibility of BBC to purchase and maintain additional insurance that may be
necessary in relation to this agreement.
7.5 BBC shail place the insurance with responsible insurance companies authorized and
licensed to do business in the State of Minnesota, and shall deliver copies of the policies to
CITY on the date of this AGREEMENT. The policies required in Section 7 shall be
endorsed to indicate that the insurer cannot cancel or change the insurance without first
giving the CITY 30 days written notice.
7.6 If, for any reason, any of the insurance hereunder is void, BBC is responsible to the CITY
for the total amount of any uninsured loss.
7.7 BBC shall defend, indemnify and hold harmless the CITY, its officers, agents, employees
from and against every demand, claim, cause of action, judgement and expense, and all
other losses and damages arising from any injury or damage to the person or property of
BBC, or to any other person rightfully on the premises, where the injury or damage is
caused by the negligence or misconduct of BBC, its agents, or employees, or resuks from
the violation by BBC or any of its agents or employees of laws or ordinances or of the
provisions of this agreement.
7.8 The CITY shall defend, indemnify and hold harmless BBC, its officers, agents, employees
from and against every demand, ciaim, cause of action, judgement and expense, to any
person rightfully on the premises, where the injury or damage is caused by the negligence
or misconduct of the CITY, its agents, or employees. Nothing in this provision shall
constitute a waiver by the CITY of any statutory or other immunity or limitations on
liability.
ARTICLE VIII
ADMINISTRATION
8.1 For the purpose of the admimstration of this Lease Agreement, the CITY's representative
shall be the Director of Parks and Recreation and the BBC `s representative shall be its
President.
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ARTICLE IX
DEFAULTIREMEDY
9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties.
9.2 Limited Damage to PAVILION. If all or part of the PAVILION is rendered untenantable
by damage from fire or other casualty which in the reasonable opinion of an architect
selected by the CITY and approved by BBC, can be substanfially repaired under applicable
laws and governmental regulations within 120 days from the date of such casuaity
(employing normal construction methods without overtime or other premium) the CITY
shall forthwith at its own expense, repair such damage other than damage to nnprovements
such as furniture, chattels or trade fixtures owned by BBC, which shail be repaired
forthwith by BBC at its own expense.
93 Major Damage To Como Lakeside Pavilion. If all or a substantial part of the PAVILION is
rendered untenantable by damage from fire or other casualty to such a material extent that
in the reasonable opinion of an azchitect acceptable to the CITY and BBC, the PAVILION
cannot be substantially repaired under applicable laws and governmental regulations within
120 days from the date of such casualty (employing normal construction methods without
overtime or other premium), then the CITY may elect to terminate this agreement as of the
date of such casualty by written notice delivered to BBC not more than sixty (60) days after
the date of such casualty. The CITY at its option may at its own expense repair such
damage other than damage to property owned by BBC, which shall be repaired by BBC at
its own expense. BBC shall have the first right to operafe the facility in accordance with
the terms of this agreement upon the CITY's completion of reconstruction.
9.4 In the event that either party fails to perform any of the terms or conditions of this
AGREEMENT, or violates any term or condition thereof, such failure or violation shall be
a breach of the said AGREEMENT. In the event of such a breach, the other party may give
written notice of the breach to the pariy in breach. If the breach has not been cured or
remedied within thirty (30) days following the giving of such written notice, the other party
may terminate this AGREEMENT in its entirety.
9.5 In the event any provision contained in this AGREEMENT should be breached by either
pariy and said breach thereafter waived by the other party, such waiver shall be limited to
the particulaz breach so waived and shall not be deemed to waive any other breach
hereunder.
9.6 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by acts of God, such as fire, water, windstorm,
floods, freezing, or other acts such as waz or civil unrest which affect the leasehold property
in connection with its operation under this AGREEMENT.
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9.7 No remedy herein confened upon or reserved to either party under this AGREEMENT is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement or now or hereafter existing at law or in equiry or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impau any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.8 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any
provision or portion thereof, or the application thereof to any person or circumstances shall,
to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be
afFected thereby, and each provision of this AGREEMENT shall be valid and enforceable
to the fullest e�rtent provided by law.
9.9 BBC shall post a performance bond in the amount of $25,000 to guarantee the
management, performance of management and operations at the PAVILION. The bond
will be forfeited to the CITY in the event that BBC is found in an uncured breach of this
AGREEMENT as defined in article 9.
ARTTCLE X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Director of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�' Street
Saint Paul, MN 55102
AS TO BBC - David Glass, President
Black Bear Crossings
831 Como Ave.
3t. Paul, MN 55108
or such other subsequent address as the respective Parties shall designate in writing. The
time of giving such notice or communication shall be deemed to be the time when the same
is actually delivered to the other Party.
14
�a-aq�
ARTICLE XI
MISCELLANEOUS
11.1 Ca�tions and Headin¢. The captions and headings used herein are intended only foz the
convenience of the reference and are not to be used in construing this AGREEMENT.
11.2. Enrire Agreement. This AGREEMENT constitutes the full and complete agreement
beriveen the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused this AGREEMENT to be executed and
delivered in duplicate as of the date appearing on page one hereof.
APPROVED AS TO FORM:
City Attorney
BLACK BEAR CROSSINGS
David Glass, President
CITY OF SAINT PAUL:
Mayor, City of Saint Paul
Director of Parks and Recreation
Financial Services Airector
G:\SP\WPWgreemnts161ack Bear Crossings Como Lakeside.wpd
15
OR1GlNAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council FIle # � � —��
Green Sheet # ��
at
Presented By
Refened To
Committee: Date
2
WHEREAS, the Saint Paul City Council authorized the Division of Parks and Recreafion
to issue an RFP for the management and operation of Como Lake Pavilion in Council File #00-
72; and
4
5 WHEREAS, the Division of Pazks and Recreation, based upon its review of all of the
6 proposals received, wishes to enter into a Management Agreement with Black Beaz Crossings
7 for the operafion and management of Como Lake Pavilion; and
9
10
11
12
l3
14
15
16
17
18
19
WHEREAS, Section 8513(a) permits the Council by resolution to waive one or more of
the requirements of the Chapter, relating to managed competition; and
WIIEREAS, no City employee or employees have performed any of the functions to be
contracted out in the last year and a half at this site, and no city employee will be laid off,
reduced in hours, benefits or pay, demoted or transferred involuntarily as a result of this contract;
now, therefore be it
RESOLVED, that the Division of Parks and Recreation is authorized to enter into the
attached Agreement with Black Beaz Crossings for the operation and management of Como Lake
Pauilion notwithstanding the requirements of Saint Paul Legislative Code Chapter 85.
Adoption Certified by Council Secretary
BY: U \ � I�Y�
Approved by Mayor: � �
By: CLll�/./A �.�el,L/��
' " ���
�
Adopted by Council: nate � a.� p a
�`�����
Approved by Ma or for Submission to Council
ay: / z�
DEPAflTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106603
Parks and Recreation March 2s,
2000 00 -S9�
CONTACT PEPSON AND PHONE INITIAL/DATE INITIAVDATE
Mike Hahm- 266-6444 �'�� � pEPARTMENTDIRECTOR 4 QTYCOUNpL
ASSIGN �
xumaEP FO� Z GITY ATTORNEY - CITY CLERK
MUST BE ON COUNQL AGENDA BY (DATE1 POUTING ;
ORDER FINANCIAL SERVICES Dlft.
April 5, 2000 3 MAYOR (OR ASSISTANn e i'2`� 5 Parks
TOTAI K OF SIGNATURE PAGES � (CLIP ALl IOCATIONS FOR SIGNATURE7
ACTION REQUESTED:
Authorizing the Division of Parks and Recreation to enter into an agreement with Black Bear Crossings for the
management and operation of the Como Lakeside Pavilion, as required by the Saint Paul Administrative Code section
86.11.
RECOMMENpATIONS: Approve (A7 or fle�ec[ IR� PERSONAL SERVICE CONTflACTS MUST qNSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION pVILSEPVICECOMMISSION
— — 1. Has this person/firm ever worketl untler a conttact tor [M1is tlepartmenV
CIB COMMITTEE VES NO
A STAFF 2. Has ffiis persoNfirm ever been a ciry employee?
VES NO
DISTRICT COUNCiL
— — 3 Does this persoNfirm possess a skill not normally possessetl by any current aty employee?
SUPPORTSWHICHCOUNCILOBJECTIVE? VES NO
Explain all yes answers on separate sheet antl attach to 9reen sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV �Who, What, When, Where, Whyl:
The Division of Parks and Recreation wishes to enter an agreement with an outside vendor for the management of the
Como Lakeside Pavilion. The City has discontinued the agreement with its current provider (Prom Management
Services) effective April 1, 2000.
ADVANTAGESIF APPROVED:
The City will be able to offer services at the Como Lakeside Pavilion. Services to the public including: recreational
rentals, catering services, room rentals and food and beverage service will continue to be available through the term of
the agreement.
-.a
As cELea b� �'u aos: � _..+..,
DISADVANTAGES IF APPROVED�
None �"t�i� � 9 ����
DISADVANTAGES IF NOT APPFOVED:
The City may be unable to manage and operate the Como Lakeside Pavilion until an operator is in place�
TOTAL AMOUNT OF TRANSACTION $ COST/PEVENUE BUDGEfED �CIRQE ONE� YES NO
FUNDING SOURCE ACTIVfTV NUMBER 23123
FlNANCIAL WFOFMATION� �EXPLAIN)
a. _'�
Interdepartmental Memorandum
CITY OF SAINT PAUL
March 31, 2000
To: CouncIl President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Counciimember Kathy L,antry
Councilmember Jim Reiter
From: Vic Wittgenstein Y q Vu Iy�
�
Subject: Como Lakeside Pavilion
Ciry Council Agenda #21 - Resolution 00-298 (4/5/00)
Recommendation
After a staff review (including interviews) of the three proposals submitted by vendors
interested in operating Como Lakeside Pavilion and also reviewing the performance
plan submitted by Division of Parks and Recreation staff, the Division is re uc�esting
Citv Council approval to enter into the attached a�reement with BLACK BEAR
CROSSINGS
Timeline
The agreement will be effective immediately upon execution, and a transition of day-to-
day management complete by as early as April S. This conesponds to the temunation
of the City's relationship with Prom management group, effective April 1, 2000. If an
agreement is not in place, various aspects of the Lakeside operation may not be
available to the public.
Rationale
Although the analysis indicated that three of the options (Black Bear, Lancer and Self-
Operation) allowed for viable operation of the facIlity, a clear distinction was apparent
between Black Bear the other proposals. Based on the Division's criteria established in
the RFP and priorities made known to all parties, the choice of Black Bear became an
obvious one. The reasons for selecting Black Bear Crossing's proposal among the
available options include:
A complete and thorough proposal and approach to the project.
A demonstrated financial capacity to operate as they proposed.
A sound managerial capacity and reputation within the community.
Como Lakeside recommendation
March 31, 2000
page two
(�b-39�'
• An understanding of the blending the Lakeside operation with other park
amenities.
• A viable approach for serving the park and communiry with the restaurant
operation, offering use of the facility on a year-round basis.
• A clear commitment to availability for community use.
• Provision of services at no financial risk to City. Providing annuai revenues
and other benefits to the Division.
To help you fully understand the rationale behind the selection of Black Bear, I have
provided a brief sunuuary of all of the proposals submitted as well as a description of
the review and selection process.
Review and Selection Process
February 25, 2QOQ Proposals From Vendors Submitted
February 28, 2000 Staff Perforn�ance Plan Submitted
March 1, 2000 Review, discussion and initial evaluation of written plans and
proposals. Kevin Finley (Ramsey County Parks Department)
assisted with this process for all proposals, Sue Feuerherm
(Contract and Analysis) assisted with this process for proposals
from vendors
March 3, 2000 Follow-up Interviews/Questions and Answers Sessions for all
plans and proposals. John Wirka assisted with this process for all
proposals, Sue Feuerherm (Contract and Analysis) assisted with
this process for proposais from vendors
March 6-8, 2000 Further evaluation and consideration
Greg Blees (City Council Office) was also invited to participate in the review and
evaluation process. However, he had to decline due to scheduling conflicts and the
short timelines.
Lancer Food Service Proposal
The Lancer Group offered a complete and thorough proposal, and as an organization,
clearly possesses the fmancial capaciry to operate the facility. Their continuing
successful operation of the food services at Como Zoo also establishes them as a serious
candidate for mavaging a successful operation. Although these strong characteristics
exist, the review process did not suggest that L,ancer's operation of the Lakeside would
be a great deviation from that offered by Prom Management.
• The reviewers were dissatisfied with Lancer's lack of commitment to operate in
the non-summer season.
• Lancer's proposed menu fell short of other proposals, as did their commitment
to community use.
In summary, Lancer would probably have been the safest option as the most proven,
experienced and capable operator (inciuding self-operation) for this type of facility.
However, Lancer's proposal did not respond to the Division's clear interest in
Como Lakeside recommendation
, March 31, 2000
page three
i� —�
establishing the Lakeside as a community facility/point of destination in the non-
summer months. During interviews they stated they would be willing to try winter
operation, and respond from that point to what the customers want. This approach
underscores Lancer's strength as an operator, taking full advantage of impulse sales.
However, this approach also reflects Iancer's position as a large company with many
diverse business interests. By structure, I.ancer's principals would be somewhat distant
from the daily decisions at a facility such as the Lakeside, leaving the day-to day
service issues and customer contacts to other staff.
Snnple Pleasures Cafe Pronosal
The Sunple Pleasures group submitted an interesting but lunited proposal. The
reviewers were all intrigued by the ideas of the principals and the possibility of working
with a start-up business to provide services at the Lakeside. This curiosity aside, the
review process raised three basic concerns that eliminated the proposal as a viable
option;
• A failure to offer a plan for operating the water concessions or banquet facility
• A lack of similar experience or any business capacity outside of the principals
and this proposal
• Questions related to the sufficiency of financial resources behind the proposal
Performance Plan for Self-Operation
After identifying Black Bear as the preferred outside vendor resulting from the RFP
process, it was then evaluated versus self-operation. The proposal for seif-operation
was thorough and professionally done and represented a viable option for operation.
After reviewing the text of the plan and talking with the employees involved, it was
concluded that this concept may indeed represent the best scenario for self-operation of
this facility. The plan made three key changes when compared to the previous method
of providing services:
• L'uniting hours/seasons of daily operation
• Limiting direct provision of catering services to groups greater than 100
• Expanding the use of concession carts in areas surrounding the Pavilion.
By making these changes, the performance plan suggests that self-operation can be
accomplished without financiai losses.
However, in reviewing the details of the plan two major questions surfaced:
• Sufficiency of and overall structure of staffmg levels.
• Realistic revenue projections from cart sales. .
The plan proposes the Lakeside be operated with 3 FTE supervisors and only 1.7 FTE
part-time/seasonal staff. Compounding this issue is the suggestion that supervisory
staff be kept full-time the enure year, while the majority of revenues from the facility
are derived over the three month summer season. Those warking on the plan were
asked to clarify if proposed staff was indeed adequate. The additional information
� i � i
Como L,akeside recommendation
March 31, 2000
page four
they provided suggests thatstaffing levels are possibie but not probable. On the
revenue side, the plan also forecasts revenues of over $1000/day for the concession
carts component. While the Division believes that carts can be an excellent revenue
center, we access the listed figure as too high. On average, 500 -$2 sales (roughly
50/hr) would be needed to reach this projection.
Even after taking these issues into account, a"break-even" operation may be possible,
although, unbudgeted accumulation of compensatory time for the three full-time staff
would likely occur. The key evaluation of the self-operation proposal however, is not
in the debatable financial considerations, but rather in two other key areas where the
Lancer proposal also fell short:
• The plan suggested a lack of commitment to operate in the non-summer season.
• The proposed menu fell short of other proposals.
The menu presented in the self-operation plan is extremely limited. The approach was
unchanged from our previous term of operation and differed littie from Prom's offering
the past two years. This may effectively exploit impulse sales, but even in combination
with concession carts, is unlikely to draw people to the facility in and of itself. This
was recognized in the plan by limiting services and hours in the non-sununer months,
assuming the volume of potential customers will be reduced and impulse sales will not
generate revenues necessary to meet costs.
In the final analysis, this plan did an outstanding job of focusing on what we are best at:
providing concessions with limited menu in seasonal operations. i3nfortunately, the
plan fails to offer anything unique in terms of a menu or creating non-summer uses for
the facility to estabiish a communiry facility/point of destination - two key evaluation
criteria and stated objectives of this process. These factors, in combination with
questions related to both revenue projections and staffmg levels, positioned the Black
Bear Crossing proposal as a clear choice.
Black Bear Crossine
The Black Bear proposal quickly emerged as the preferred option. The review
concluded that the Black Bear proposal was the oniy one that addressed the Division's
interest in fuliy maximizing the public's use of this faciliry. While other proposals
sought to eliminate staff costs and overhead costs by closing in the non-summer
months, Biack Bear will aggressively create customers (and revenues) by offering use
of space for meetings and conferences. Black Bear's proposed menu addresses both the
public's expectation of ineeting their impulse sales need (coffee house, concessions and
baked goods) and the Ciry's desire to create a point of distinction (unique theme,
restaurant foods). Black Bear comes with a solid reputation within the community,
evidenced in part by their letters of support, which will create an immediate customer
base. Black Bear also comes with the business capacity/staff flexibility to operate
immediately and take advantage of sales opportunities to large groups during theater
performances.
Como Lakeside recommendation
March 31, 2000
page five
t�a-�-`t�
In the first year of operations, Black Bear will make capital investments (lower level
and amenities estimated in value at $83,000) in order to facilitate operation as they
proposed. Additionaliy, the agreement before the Council provides the following
financial considerations to the City:
• 11 % of al] beverage sales from catered events.
• 8.5% of all food sales from catered events.
• A$12,000 flat-rate rent payment (additional to catering sales payments) in the
second year of the agzeement
• In any year following the second year of the agreement, payments (additional to
catering sales payments) based percentages of gross sales, with minunum
guarantees
• Black Bear will aiso post a performance bond
The proposed agreement is for an initial term of two-years. The contract allows for
extending the term for up to a totai of five years, provided that Black Bear is
performing satisfactorily. An additional five year extension option may be exercised by
the mutual assent of both parties. It should be noted that all proposais and plans
(including self-operation) suggested a five-year minunum term in order to establish
their business plan and justify and fmancial investment on their part.
Summarv
After thoughtful consideration and evaluation, Black Bear Crossings was identified as
the vendor of choice to operate the Como Lakeside Pavilion on behalf of the City. The
terms in this agreement address the objectives and criteria that were established in the
RFP process, and its implementation wiil ensure the consistency, quality and levei of
services that are needed at the pavilion and in the Como Park Community.
The Division of Parks and Recreation recommends the approval of resolution 00-298,
allowing the City to enter this agreement.
If you have any questions regarding resolution 00-298 or the proposed agreement with
Black Bear Crossing, please contact me at 266-6409.
VAW
cc: Susan Kunberly
G: \SP\WP\Superintendent\RPP2000.evaluarion.wpd
aa-��1�
MANAGEMENT AGREEMENT
This AGREBMENT, effective as of , 2000 by and between:
CITY OF SAIN1' PALTL, hereinafter called "CITY"
and
BLACK BEAR CROSSINGS, hereinafter called "BBC",
hereinafter jointly called "Parties", and also individually called "Pariy".
WITNESSETH:
WHEREAS, the CITY is the owner of pubiic pazk land commonly known as Como
Regional Park which contains the Como Lakeside Pavilion hereinafter called "PAVILION"; and
WHEREAS, the CITY desires to offer public recreational services at the PAVILION
including daily food service, banquets, meeting use, catering and recreational equipment rentals:
and
WHEREAS, the CITY believes that such services should be provided at a minimal
financial risk to the CITY; and
WHEREAS, BBC has proposed to the CITY that it manage and operate PAVILION on
behalf of the CITY; and
WHEREAS, both parties believe it is in their mutual best interest to enter into the herein
AGREEMENT for the provision of said services at the PAVILION.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, it is agreed as follows:
ARTICLE I
TERM
1.1 Initial Term. The initial term of this AGREEMENT sha11 be for two (2) operating
seasons. For the purposes of this AGREEMENT, this period of time will commence on
the day of execution of this AGREEMENT and end on Mazch 31, 2002.
oo-a��
1.2 First Extension Option. BBC and the CITY may extend this Lease Agreement for an
additional period of three (3) yeazs which will automatically renew unless BBC and/or
CITY notifies the other, in writing, of its intent not to renew the AGREEMENT at least
three months prior to the expiration of the then current term. The CITY shall not be
obligated to agree to such renewal if BBC is in breach of any of the terms and conditions
of ttris AGREEMENT or if there has been a recurring pattem or pracrice by BBC of
failure to comply with the terms and conditions of said AGREEMENT whether or not
such failures were breaches thereof or were cured; provided, however, that in the absence
of such a breach or pattem or practice of failures, the CITY shall approve the renewal
request.
13 Second Extension Option. By mutual assent of the Parties, this AGREEMENT may be
extended under the same or minimally altered negotiated tezms and conditions for an
additional period of five (5) yeazs following the First E�ension (1.2).
1.4 Eactension Terms and Conditions. All terms and conditions of this AGREEMENT
applicable to the Initial Term (1.1) shall remain in effect for any Extended Term (1.2
and/or 13), except to the extent otherwise agreed by the parties in writing.
1.5 Aereement Yeazs. That the dates for determining yeazs for the AGREEMENT aze as
foilows:
Year One: Date of Agreement Execution - March 31, 2001
Year Two: April 1, 2001 - March 31, 2002
For any years subsequent to year two, the AGREEMENT year shall be April 1 of that
year through March 31 of the following year.
ARTICLE II
PAVILION MANAGEMENT AGREEMENT DEFINED
2.1 All other pazk lands and facilities other than those specifically defined in the
AGREEMENT as aze not governed in any way, implied or othenvise, by this
AGREEMENT and remain under the sole control and jurisdiction of the CITY.
2.2 This AGREEMBNT grants BBC the right to operate and manage the PAVILION under
the terms and conditions outlined herein. The PAVILION shall continue to be operated
for the use of the public and this AGREEMENT is not intended to grant exclusive use of
the PAVILION or to be a lease of the premises.
2
1i '
�
ARTICLE III
OPERATION & MANAGEMENT
3.1 BBC will staff the PAVILION on a yeaz-round basis, for regulaz hours that shall be
posted at the facility. It is expected that beginniug May l, 2000, that the PAVILION will
be routinely stafFed at least during the listed times. BBC may adjust the regulaz hours of
operation, if approved by the CITI'.
May i - September 30 (annually�
Monday-Saturday 7:30 a.m. - 9:00 p.m.
Sunday 9 a.m. - 8:00 p.m.
October 1 - Auri130 lannuallvl
Monday-Saturday 8 a.m. - 5:00 p.m.
Sunday 9 a.m. - 5:00 p.m.
3.2 BBC will operate and staff the public food and beverage service during the hours listed in
3.1.
33 BBC will operate and staff the equipment rental services (water bikes and canoes)
between May and September during the term of this AGREEMENT.
3.4 BBC will schedule, operate and staff the facility for rentals and meetings that extend past
closing hours listed in 3.1.
3.5 BBC will manage or provide banquet catering services to be provided in conjunction with
room rental for events such as weddings and other receptions.
3.5.1 The BBC has represented and the CITY has agreed to a11ow BBC to subcontract
with Mintahoe Hospitality Group (Apples Catering, Perfect Host Catering and
Bay Beverage Service) for the provision of catering services as described in 3.5.
BBC has represented that Mintahoe will perform this function for the initial term
(1.1) of this AGREEMENT. A memo of understanding between Mintahoe, $BC
and the CITY is attached to this AGREEMENT as E�chibit 1.
3.5.2 In the event that foilowing the initial term (1.1) BBC desires to subcontract for the
provision of catering services as described in 3.5 with a provider other than
Mintahoe, any new provider will be subject to the approval of the CITY. Such
approval shall not be unreasonably withheld. The payments due to the CITY
from any new provider st�all be the same as stipulated in 4.1 unless a change is
consented to by the CITY.
�o �a-��
3.6 BBC may provide outdoor vending. Such vending is limited to the PAVILION
promenade, the walkways azound the PAVILION, and the pedestrian path azound Como
Lake.
ARTICLE IV
PAYMENT
4.1 For gross revenues generated at the PAVILION from banquet catering and beverage
services to be provided by Mintahoe Hospitality Crroup (3.5), BBC will pay the CITY an
amount of 8.5% of said revenues from food sales and 11 % of said revenues from all
beverage sales. Such revenues will be exclusive of any sales taxes collected by
Mintahoe. This payment is sepazate and in addition to any other payments as described
in this AGREEMENT, specifically those referenced in 4.2, 4.2.1, 4.2.2, 4.23 and 4.2.4.
4.1.1 For gross revenues generated at the PAVILION from banquet catering and
beverage services as described in 3.5 that are provided by directly by BBC, BBC
will pay the CITY an amount of 10% of said revenues. Such revenues wiil be
exclusive of any sales taxes collected by BBC. This payment is separate and in
addition to any other paqments as described in this AGREEMENT, specifically
those referenced in 4.2, 4.2.1, 4.2.2, 4.2.3 and 4.2.4
4.2 In addition to payments listed in 4.1 and 4.1.1, BBC will make payments to the CITY as
follows:
4.21 In year one of the AGREEMENT, BBC shall make no additional payment to the
CITY.
4.2.2 In year two of this AGREEMENT, BBC shall pay the CITY a flat fee of $12,000
to be provided in twelve monthly payments.
4.23 In the event that this AGREEMENT is extended to a third year as allowed by
Article 1.2, BBC shall pay the CITY an amount that is the greater of the
following: $25,000 or 10% of gross revenues that it realizes from room rentals,
equipment rentals, food and beverage sales excluding those listed in 4.1, and any
other sales generated by BBC at the PAVILION. Such revenues will be exclusive
of any sales taYes collected by BBC.
4.2.4 In the event that this AGREEMENT is extended beyond a third yeaz as allowed
by Article 1.2 and/or 1.3, BBC shall pay the CITY an amount that is the greater of
the following: $35,000 or 10% of gross revenues between $1 and $200,OOQ that it
realizes from room rentals, equipment rentals, food and beverage sales excluding
those listed in 4.1, and any other sales generated by BBC at the PAVILION and
15% of the same gross sales exceeding $200,000. Such revenues will be
exclusive of any sales taxes collected by BBC.
o� -a��'
43 T'he CITY has a right to inspect all books and records pertaining to the operation of
PAVILION by BBC. The CITY shall be granted inspection of said books and records by
providing BCC with written notice, whereby BBC shall have fifteen (15) days to provide
such information to the CTTY.
43.1 BBC shall maintain the right to inspect, ancUor arrange for the CITY to inspect, all
books and records pertaining to the business dealings at the PAVILION by
Mintahoe Hospitality Group. The such inspection of said books and records sha11
be granted by providing Mintahoe with written notice, whereby they sha11 have
fifteen (15) days to provide such information to the CITY. The rights ofBBC and
the CITY as provided for in 4.1 aze expressed in a memo of understanding
between Mintahoe, BBC and the CITY that is attached to this AGREEMENT as
Exhibit l.
4.4 For payments due the CITY as listed in Article 4, BBC shail pay the City on the last day
of each month for the previous month. On April 30`" of each yeaz following the second
year of this AGREEMENT, BBC shall pay the CITY any balance due.
ARTICLE V
IMPROVEMENTS TO THE PAVILION
S.1 B$C shail make no improvements or alterations to the PAVILION without the written
consent of the CITY. This includes approval prior to the implementation of
improvements listed in Article 5.2 of this AGREEMENT. The CITY may require such
information to be supplied by BBC as will enable the CITY to determine whether to
consent to any proposed improvements or alterations. All improvements and alterations
must meet applicable code requirements.
5.2 During the first year of operating the PAVILION, BBC will make the following
investments in the facility and operation:
5.2.1 An initial investment of up to $45,000 for china, flatwaze, glassware, a deli case, a
pastry case, coffee machines and other kitchen equipment. Such items will
remain the property of BBC. This investment will be made by July 1, 2000.
5.2.2 Spend up to $8,000 to finish the meeting room in the PAVILION basement. This
would include adding and finishing walls, adding a drop-tile acoustical ceiling,
lighting for the space and floor covering. All improvements made to this space
will become the properry of the CITY once the work is completed. BBC will also
provide fiimishings for the room to include tables, chairs, and meeting props such
as an overhead projector, screen, chalkboazd and flip charts. This equipment will
remain the properiy of BBC. This investment will be made by September 1, 2000.
ao -a�l�
523 Invest up to $30,000 to install a sound system and purchase audiolvisual
equipment for use throughout the PAVILION. Once installed, speakers and
wiring will become the properry of the CITY. Music equipment and audio/visual
equipment wiil remain the properiy of BBC.
ARTICLE VI
COVENANTS AND UNDERTAKINGS
6.1 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
6.1.1 The CITY shall periodically inspect the PAVILION and inform BBC in writing of
any conditions requiring attention as may be required to comply with the
obligations under this AGREEMENT.
61.2 BBC shall undertake no improvements, construction or alterations to PAVILION
without the prior review and approval of the CITY.
6.l .3 The CITY shall provide BBC with the CITY's participant accident report forms.
These forms shall be completed by BBC representatives in instances where
accidents on or near the PAVILION are reported to or witnessed by BBC
representatives. BBC shall deliver completed reports to the CITY within five
working (5) days following an accident on or near the PAVILION property.
6.1.5 This AGREEMENT does not exempt BBC or PAVILION customers from park
rules and regulations, except as may be provided elsewhere in this
AGREEMENT.
6.1.6 That BBC shall have full use of the CITY equipment and materials currently at
the PAVILION. That both parties understand that such use of equipment and
materials is in its current condition or on an "as is" hasis. BBC may make repairs
to such equipment and materials as to allow for its use. This may include
replacement of all equipment used by BBC (i.e. stoves, dishwasher, freezer,
coolers, refrigeration, canoes, waterbikes, etc). Further, BBC shall be responsible
for the repair and replacement of all tables, chairs, carts, etc. At the expiration of
this AGREEMENT, CITY equipment and materials wiil remain the property of
the CITY, retumed by BBC allowing for normal wear and teaz related to its use.
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6.1.7 BBC shall maintain exclusive right to the PAVILION for food and beverage
catering. Nothing, however, precludes the CITY from using the PAVILION for
sponsored functions providing they do not conflict with other scheduled banquets
or events. The CITY will utilize the services of BBC when CITY sponsored
events involve food and beverage service. In all instances where the CITY wishes
to use the PAVILION for meetings, receptions, etc., it will contact BBC ahead of
time to insure that the desired areas of the PAVILION are available. At no time
shall the CITY request or cause the cancellation of a rental already booked by
BBC.
6.1.8 Due to the fact that many events have already been booked in the PAVILION for
2000, BBC shall honor all contracts between the CITY (via Prom Management)
and the renter of the PAVILION. This may include caterers other than BBC
providing food and beverage service at the event.
6.1.8.1 Within the first month of BBC's operation of the PAVILION, the CITY
will contact customers with events that have been booked with Prom
Management (6.1.8) to advise them of the change in management from
Prom to BBC. Customers wiil be given the opportunity to choose to either
stay with Prom as their catering and beverage provider or contract with
BBC as a substitute.
6.1.8.2 BBC shall be entitled to revenue generated by the PAVILION from the
above referenced events. BBC shall be credited for 50% of commissions
that aze paid to the CITY by Prom Management for food and beverage
services. BBC will be credited with the enrire amount of room rental fees
for the above referenced events. In the event that these credits result in a
net amount due from the CITY to BBC on August 1, 2000 and December
1, 2000, BBC shall be paid the balance due. Such payment will be made
by the CITY within 10 days of the noted dates.
6.1.9 BBC shall have the full use of all of the areas of PAVILION with the following
exceptions:
6.1.9.1 Promenade area may be used only at those times when the CITY has no
concerts andlor plays scheduled.
6.1.9.2 Downstairs wanning room from mid-December to mid-Febniary each yeaz
when it may be used for skating.
6.1.93 Storage areas presently used by the CITY for the storage of Pazks and
Recreation equipment and theatrical supplies, equipment, props and
coshunes. Such equipment will remain under the sole caze, control and
custody of the CITY.
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6.1.10 In the event of inclement weather, BBC may with the consent of the Duector of
Parks and Recreation or his designee close down the PAVILION and remain
closed until favorable weather conditions prevail.
6.1.11 BBC may sell non food, souvenir type items at the PAVILION. However, all
items to be sold must be approved by the CITY prior to being put on sale. Such
approval shall not be unreasonably withheld. Sales made under this provision
shall be subject to and included in the same commission provision as all other
revenue generated at the PAVILION by BBC.
6.1.12 BBC shall be allowed to use the CITI"s Liquor License for the PAVILION as is
permitted by resolution by the St. Paul City Council. It is expressly understood
that this liquor licence will only be used for events catered by BBC and will not
be used in the concession azea operation. BBC shall upon being invoiced by the
CITY, reimburse the CITY for the cost of said license.
6.1.13 The CITY reserves the right to approve the placement and content of all signage
within and surrounding the PAVILION. Prior to placement of any signage, BBC
shall obtain written authorization from the CITY. No signage directly attached to
the exterior of the PAVILION will be permitted.
6.2 BBC specifically covenants and agrees;
6.21 To maintain the PAVILION in a safe, clean and orderly condition.
6.2.2 To, on an annual basis, set up a capital repair account of $5,000. The CITY and
BBC will meet annually to determine how to use these fixnds for improvements,
repairs and/or additions to the present facility. The $5,000 shall become available
on April 1 each yeaz beginning in 2001.
6.23 BBC shall provide complete and accurate accounting records for the PAVILION
using standazd and universally accepted accounting methods.
6.2.4 As described in 4.3, BBC shall, upon request of the CITY's Director of Pazks and
Recreation or his agents, provide records of all sales at no cost to the CITY.
6.2.5 By Apri130�' of each yeaz, BBC sha11 deliver to the CITY a compilation statement
prepared by a Certified Public Accountant and sworn to by the officers of BBC
which sets forth the income statement, balance sheet and gross sales made on or
from the PAVILION operation during the previous year.
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6.2.6 BBC will provide a full tune on site Manager of the PAVILION. Such Manager
shall be made known to the CITY and will be on-site at the PAVILION for a
minimum average of forty hours weekly. BBC shall notify the CITY of any
changes in the position.
62.7 At events where liquor is served, BBC shall hire or cause to be hired an off duty
Saint Paul Police Officer, who shall be present during the period that liquor is
being served.
6.2.8 If at other times special Police services are deemed necessary by BBC they shall
be paid by for BBC.
6.2.9 BBC may schedule events at the PAVILTON from 6:00 a.m. to 12:00 midnight.
Further, if BBC schedules the promenade azea of the PAVILION, no music or
amplified sound may be used between the hours of 10:00 p.m. and 8:00 a.m. so as
not to disturb neazby residents.
6.2.10. By Mazch 15 of each year BBC will provide a listing of prices it intends to charge
the public for the various functions of the facility beginning the foilowing June 1�`.
This includes hall and room rental rates, catering rates, food and beverage rates
and rentai rates for the canoes, waterbikes and other equipment. The CITY shall
have thiriy (30) days from receipt of the proposed rate schedule(s) to approve or
disapprove them. Failure of the CITY to notify BBC of its approvai/disapproval
within thiriy (30) days will result in the rate being approved.
6.2.11 BBC shall conduct the operation of the PAVILION in such a manner as not to
bring criticism upon the CITY. BBC shall not permit the sale of heer or
intoxicating liquor in a manner contrary to any law or ordinance or the provisions
of any applicable liquar license or permit. BBC shall operate the Pavilion strictly
in conformity with all Federal, State, Counry ar City laws and ordinances.
6.2.12 BBC shall at all times have in plain view in the PAVILION a price list or printed
schedule of prices of all available commodities and services. BBC shall make
available an attractive menu including prices to groups or organizations for
banquets, parties or other events. Ail prices shall be competitively priced with
establishments within the service azea that have similaz functions.
6.213 BBC shali empioy an adequate nuxnber of personnel in the PAVILION to cover
the operations during the minimum hours of operation.
6.214 All employees of BBC shall be well groomed and dressed in such a manner as to
provide an appearance acceptable to the CITY.
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6.2.15 BBC is responsible for daily cleaning of the entire PAVILION. BBC shall at all
times keep the building in a clean and sanitary condition and shall comply with all
State and City health laws and local Health Department regulations. The CITY
shall define acceptable standards. Such standards shall include monthly cleaning
of all windows, light fixriues and woodwork. BBC shall also provide supplies for
the restrooms.
6.2.16 BBC is responsible for garbage removal throughout the yeaz. This inciudes
removing bottles, cans, paper, cups, wrappers and other debris on a daily basis,
and litter from the PAVILION and the Promenade azea when used by BBC.
6.2.17 BBC shall pay all utilities it uses in conjunction with the facility. Where feasible,
separate metering shall be done and billings will be made directly to BBC. Where
sepazate metering is not possible, the parties shall meet and determine to shaze in
the vazious costs on a pro rata basis.
6.218 The burglar alarm false alarm chazges shall be the responsibiliry of BBC.
6.219 That BBC shali provide the CITY with a copy of all agreements or contracts
between BBC and any pariy who will assist BBC in carrying out the stipulations
of this AGREEMENT.
6.2.20 To comply with ali State and Federal and Local laws, ordinances and regulations,
inciuding those prohibiting discrimination.
63 The CITY specifically covenants and agrees:
63.1 To provide BBC with the use of existing PAVILION equipment, in "as is"
condition. The CITY, in cooperation with BBC , wiil compile and maintain an
inventory of a11 equipment (including a notation of condition) being turned over to
the care and custody and control of BBC.
6.3.2 To annually contract for the harvesting of weeds from Lake Como prior to August
10"' of each year.
633 To annually assist BBC in inspecting water rental equipment (water bikes and
canoes).The City shall be responsible for maintaining all HVAC systems, the
elevator, and sprinkler systems and water, gas and electric services. The City shall
also be responsible for all ea�terior maintenance of the facility.
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7.1
63.4 The CITY is responsible for litter control azound Lake Como and the PAVILION
and the Promenade azea of the PAVILION except when the Promenade area is used
by BBC. The CITY shall use sepazate dumpsters from BBC for the trash and litter
it collects.
6.3.5 The CITY shail be responsible for the landscape and upkeep of the landscape
around the PAVILION.
6.3.6 The CITY is responsible for snow removal in the pazking lots and azound the
PAVILION.
ARTICLE VII
INSURANCE
BBC shall provide at its own cost and expense, and have in force during the term of the
agreement fhe following coverages:
7.1.1 Public Liability Insurance
Bodily Injury
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each accident
$2,000,000 aggregate
Property Damage
7.1.2 Automobile Insurance (coverage shall include: hired, non-owned and owned
automobiles)
Bodily Injury
Property Damage
$750,000 per person
$1,000,000 per accident
not less than $50,000 per accident
7.13 Worker's Compensation and Employer's Liability
Worker's Compensation per Minnesota Statutes
Employer's Liability shail have minimum limits of $SOQ000 per accident;
$500,000 per employee; $500,000 per disease policy limit.
7.1.4 Liquor Liability Insurance
$1,000,000 aggregate
Coverage shall include: Bodily Injury, Property Damage, and Loss of Means of Support.
7.2 BBC shall provide evidence of such coverage to the CITY upon execution of the
agreement. Nothing in this provision shall be construed in any manner as a waiver by the
CITY of its statutory limits of liability, immunities or exceptions. BBC shall be obligated
to maintain such coverage in fuil force and effect at all times that this AGREEMENT is in
effect, and failure to do so shall be a breach thereof.
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7.3 BBC shall supply to CITY a current insurance certificate for the policies required in
Secrion 7_
7.4 The limits cited under the insurance requirement above establish m;n;mums; and it is the
sole responsibility of BBC to purchase and maintain additional insurance that may be
necessary in relation to this agreement.
7.5 BBC shail place the insurance with responsible insurance companies authorized and
licensed to do business in the State of Minnesota, and shall deliver copies of the policies to
CITY on the date of this AGREEMENT. The policies required in Section 7 shall be
endorsed to indicate that the insurer cannot cancel or change the insurance without first
giving the CITY 30 days written notice.
7.6 If, for any reason, any of the insurance hereunder is void, BBC is responsible to the CITY
for the total amount of any uninsured loss.
7.7 BBC shall defend, indemnify and hold harmless the CITY, its officers, agents, employees
from and against every demand, claim, cause of action, judgement and expense, and all
other losses and damages arising from any injury or damage to the person or property of
BBC, or to any other person rightfully on the premises, where the injury or damage is
caused by the negligence or misconduct of BBC, its agents, or employees, or resuks from
the violation by BBC or any of its agents or employees of laws or ordinances or of the
provisions of this agreement.
7.8 The CITY shall defend, indemnify and hold harmless BBC, its officers, agents, employees
from and against every demand, ciaim, cause of action, judgement and expense, to any
person rightfully on the premises, where the injury or damage is caused by the negligence
or misconduct of the CITY, its agents, or employees. Nothing in this provision shall
constitute a waiver by the CITY of any statutory or other immunity or limitations on
liability.
ARTICLE VIII
ADMINISTRATION
8.1 For the purpose of the admimstration of this Lease Agreement, the CITY's representative
shall be the Director of Parks and Recreation and the BBC `s representative shall be its
President.
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ARTICLE IX
DEFAULTIREMEDY
9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties.
9.2 Limited Damage to PAVILION. If all or part of the PAVILION is rendered untenantable
by damage from fire or other casualty which in the reasonable opinion of an architect
selected by the CITY and approved by BBC, can be substanfially repaired under applicable
laws and governmental regulations within 120 days from the date of such casuaity
(employing normal construction methods without overtime or other premium) the CITY
shall forthwith at its own expense, repair such damage other than damage to nnprovements
such as furniture, chattels or trade fixtures owned by BBC, which shail be repaired
forthwith by BBC at its own expense.
93 Major Damage To Como Lakeside Pavilion. If all or a substantial part of the PAVILION is
rendered untenantable by damage from fire or other casualty to such a material extent that
in the reasonable opinion of an azchitect acceptable to the CITY and BBC, the PAVILION
cannot be substantially repaired under applicable laws and governmental regulations within
120 days from the date of such casualty (employing normal construction methods without
overtime or other premium), then the CITY may elect to terminate this agreement as of the
date of such casualty by written notice delivered to BBC not more than sixty (60) days after
the date of such casualty. The CITY at its option may at its own expense repair such
damage other than damage to property owned by BBC, which shall be repaired by BBC at
its own expense. BBC shall have the first right to operafe the facility in accordance with
the terms of this agreement upon the CITY's completion of reconstruction.
9.4 In the event that either party fails to perform any of the terms or conditions of this
AGREEMENT, or violates any term or condition thereof, such failure or violation shall be
a breach of the said AGREEMENT. In the event of such a breach, the other party may give
written notice of the breach to the pariy in breach. If the breach has not been cured or
remedied within thirty (30) days following the giving of such written notice, the other party
may terminate this AGREEMENT in its entirety.
9.5 In the event any provision contained in this AGREEMENT should be breached by either
pariy and said breach thereafter waived by the other party, such waiver shall be limited to
the particulaz breach so waived and shall not be deemed to waive any other breach
hereunder.
9.6 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by acts of God, such as fire, water, windstorm,
floods, freezing, or other acts such as waz or civil unrest which affect the leasehold property
in connection with its operation under this AGREEMENT.
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9.7 No remedy herein confened upon or reserved to either party under this AGREEMENT is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement or now or hereafter existing at law or in equiry or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impau any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.8 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any
provision or portion thereof, or the application thereof to any person or circumstances shall,
to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be
afFected thereby, and each provision of this AGREEMENT shall be valid and enforceable
to the fullest e�rtent provided by law.
9.9 BBC shall post a performance bond in the amount of $25,000 to guarantee the
management, performance of management and operations at the PAVILION. The bond
will be forfeited to the CITY in the event that BBC is found in an uncured breach of this
AGREEMENT as defined in article 9.
ARTTCLE X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Director of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�' Street
Saint Paul, MN 55102
AS TO BBC - David Glass, President
Black Bear Crossings
831 Como Ave.
3t. Paul, MN 55108
or such other subsequent address as the respective Parties shall designate in writing. The
time of giving such notice or communication shall be deemed to be the time when the same
is actually delivered to the other Party.
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ARTICLE XI
MISCELLANEOUS
11.1 Ca�tions and Headin¢. The captions and headings used herein are intended only foz the
convenience of the reference and are not to be used in construing this AGREEMENT.
11.2. Enrire Agreement. This AGREEMENT constitutes the full and complete agreement
beriveen the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused this AGREEMENT to be executed and
delivered in duplicate as of the date appearing on page one hereof.
APPROVED AS TO FORM:
City Attorney
BLACK BEAR CROSSINGS
David Glass, President
CITY OF SAINT PAUL:
Mayor, City of Saint Paul
Director of Parks and Recreation
Financial Services Airector
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