273752 M�HITE - C�TY CLERK p.�•��r�
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PINK - FINANCE G I T O�F SA I NT PA U L Council �_ /
CANARV - OEPARTMENT p� �
BLUE -MAVOR File NO.
ncil Resolution
�..
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the prnper City officials are hereby authorized and
directed to enter into an agreement by and between the City of Saint Paul and
Festivals, Incorporated, for the operation of the Municipal Stadium concessions
on August 29, 1979, subject to the terms and conditions of the agreement, copy
of which shall be kept on file in the Department of Finance and Management
Services.
COU(VCILMEN Requested by Department of:
Yeas Nays
� McMahon [n Favor COMMUNITY SERVI
Hozza -
� ,
I,evine _�__ Against BY
Maddox
Showalte
T o __�� 5 19.�9 Form A roved b Cit ney
Adopt y Council: Date
c�
rtified Pas- y C ncil Secr¢tary BY '
61 r by 17avor: Date SEP 2 6 � Approved by Mayor for Submission to Councii
BY - — BY �
PU�3�ISHED 0 CT 6 1979
� . . . � � �'��`���
AGREEMENT
THIS AGREEMENT, Made and entered into this day of
, 1979, by and between the City.of Saint Paul , a municipal
corporation of the State of Minnesota, hereinafter called the "Lessor", and
Festivals Incorporated, doing business as Midway Stadium Concessions,
Saint Paul , Minnesota, hereinafter called the "Lessee";
WITNESSETH:
1. . The Lessor hereby leases and grants to the said Lessee the right
of operating the concessions at the Municipal Stadium in the city of Saint
Paul , and the Lessee hereby accepts said rights subject to the terms and
conditions hereinafter contained.
2. The lease of the concessions privileges to the Lessee is for one
day that being August 29, 1979, unless cancelled during this term by the
Lessor for violation by the Lessee of the terms of this lease as hereinafter
set forth. ^
3. Lessee shall take possession as of August 28, 1979, and start
operations as of sai_d day. .
4. The Lessee shall pay to the Lessor the sum of twenty percent (20��
of the gross sales of food and beverage; said sum to be paid on or before
August 30,� 1979. Further, the Lessee shall pay to Lessor the sum of ten .
percent (10%� of the gross sales ft'om novelties by August 30, 1979.
5. The Lessee agrees, in accordance with Chapter 74 of the Lessor`s
Legislat1ve Code: �
a. That i.n hiring of common or skilled labor for the performance �
of any work under this contract or in the hiring of any subcontractor,
material supplier, or vendor, shall not, by reason of race, creed or
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color, discriminate against any person who is a citizen of the United
States who is qualified and available to perform the work to which
such employment relates; and �-
b. That no contractor, material supplier, or vendor under this
contract shall in ar�y manner discriminate against, or intimidate, or
prevent, or conspire to prevent, ar�y person from the performance of
work under this contract on account of race, creed, or color.
6. It is hereby agreed that the provisions of all ordinances of the
City of Saint Paul pertaining to contractors are hereby made a part of this
Agreement. �
7. The Lessee, at all times shall be responsible, for any damages done
to the Stadium building, or its equipment, through the operation of the
concessions by the Lessee, its servants or agents. The Lessee agrees to
take out and maintain during the term of this Agreement a comprehensive
protective public liab1lity and property damage insurance pollcy naming the
- Lessor as a co�insured, the minimum amounts of such public liability and
property damage insurance being as follows: _
. a. Bodily injury coverage, including death, in an amount of not _
less than Three Hundred Thousand Dollars ($300,000.00) for a1) damages
arising out of bodily injuries to or death of one person, and subject
to the same limit for each person in a total amount of not less than
Five�Hundred Thousand Dollars ($500,000.00� on account of any one
accident; and
b. Property damage insurance in a� amount of not less than
Twenty-Five Thousand Dollars ($25,000.00� for all damages �or destruction ,
to property in any one accident. Further, the Lessee agrees to indemnify, _
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save and keep harmless the Lessor and all of its officers, agents,
servants and employees from all suits, actions or claims of any
character brought for or on account of any injuries or damages
received by any person, persons, or property by or from the act or
acts of said Lessee arising out of the concession operati.on.
8. The term "concessions" shall be deemed to include the privilege of
the sale of cigars, cigarettes, tobacco, nuts, food, beverages, including �
soft drinks and 3.2% beer, and such additional items of inerchandise as the
Lessor shall expressly permit �the Lessee to sell therein. Intoxicating
beverages and the sale of chewing gum are expressly excluded from any �
privilege with respect to said lease concession, and the Lessee shall at all
times be prohlbited from making ar�y sale of intoxicating 6everages or
chewi.ng gum.
9. Al1 beverages sold by Lessee shall be delivered to the purchaser in
paper containers with all beverages poured into a paper container in the
presence of the purchaser or customer. Prices charged for all merchandise
6y Lessee shall be approved by the Lessor. The "twenty percent (20�1 of
gross" charged 6y the city shall be determined by a "cup count" by Stadium _
personnel . All merchandise sold by the concessionaire must be checked in
and out from a central location agreed upon by the Stadium manager and
Lessor: Stadium personnel will be at this location throughout the duration
of this Agreement. _
10. The concesslons equipment on the premises shall be made available
to Lessee 6y the Lessor and 1f such equipment is used by tf�e Lessee, must be
maintained by LesseE and returned to Lessor upon the termination of this ,
Agreement in the same condition as it was when furnished to Lessee, ordinary
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wear and tear excepted. The Lessee shall furnish and install all other
fixtures which shall be subject to regulation by the Manager of said Stadium.
11. Any violation by the Lessee of arly provisions,term or condition
of the contract of lease shall be deemed grounds for imnediate cancellation
of said contract by lease by said Lessor.
12. The Lessee shall keep the refrigeration in serviceable repair and
keep the Stadium clear of rodents at all times, and the Lessee shall keep
the premises on which its concessions stand are operated in a neat and clean
condition at all times and shall be subject to the regulation of the Lessor.
13. The privileges hereby leased shall not be assignable. by Lessee
without the written approval of the Lessor.
14. The Lessee shall obtain all Federal , State, or City licenses '
required and shall comply with all Federal and State laws and municipal
ordinances relating in any manner to carrying out of the Lessee's business.
Funding Code: 23101 ' .
APP D AS TO RM• CITY OF SAIKT PAUL:
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Assi stan i y Attorney Mayor - rEvA'vtir
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FESTIVALS INCORPORATED
trector, Department o inance
����i� and. Management Services
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Its l/, � � _.�R
Director, pepartment of Community
Services
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Providing Worldwide Insuronce Agency Services
August 24, 1979
Mr. Roger Goski
CITY OF ST. PAUL
Department of Coffinunity Service
545 City Hall
St. Paul, Minnesota 55102
Re: Marshall Tucker Concert
August 29, 1979
Dear Mr. Goski:
Enclosed, please find three (3) Insurance Binders for the
coverages which will be provided for Festivals, Inc. on the concession
stands at the Marshall Tucker Band concert, August 29, 1979.
The City of St. Paul is named as an Additional Insured for the
Liquor (3.2 Beer) , Products and Refreshment Stand Premises Liability
Insurance Coverages.
Should you have any questions with respect to the Insurance Binders,
please feel free to contact us direct.
Sincerely,
����-/���a�/C��'
� Cheryl Famularo -
Comanercial Lines
Enclosures - 3
cc: Mr. David Pearson
Festivals, Inc.
Suite 300/822 Marquette Avenue/Minneopolis, Minnesota 55402/Telephone(612)339-4110
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� TION OF ADMINISTRATI�'E 4 �.,
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Date: September 5, 1979 ,�� : ,?'�
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Tp: MAYQ� G�BRGE I�+iT�:
FR: Thomas J, Kelley .
gE: Council°'Resoiutian au�harfizing agreement betv�een City o�f Saint Paul and
. Festiva�s, Inc.
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ACTI4N REQU�S'�Ds .
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APPro��l of abvve Cocar�cil ��so1 ut1oR
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� Operate cq�essions at M�dway Stadiur� Au��t 29, 19T9 -
.A�"ACBME�t'TS:
.: , Ct�u�c11 Rese]utic�_
_ Copy of Agr�ment� : . ,
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