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273752 M�HITE - C�TY CLERK p.�•��r� r 5 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 � 1 - 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, _ _ 2 _ 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 - 3 - . � , . , 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: c - �,.G�✓ /'�����z� � l�t ��C2fjj�/ Assi stan i y Attorney Mayor - rEvA'vtir � � FESTIVALS INCORPORATED trector, Department o inance ����i� and. Management Services .��__� Y Its l/, � � _.�R Director, pepartment of Community Services - 4 - ....... . . .. �.�_ w.. .._. _ , . � � ` '�:+���Q,�'r,,� � ��i9���� � 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 L,._.-__ �:._'� . . � . . ... ' . . � '. .. � � � � . . � - pM OI.: I?.�1475 R,�v, : 9/8/76 , � TION OF ADMINISTRATI�'E 4 �., , . . .. �I�b����1��I�r�l^*r��u��r.��r�, ��.°� �..�,.aC'-����,� . ... ' . _ .. � .:�F � .� � �� ..,�t . . .:. . . . � . ' � ]. .. . .i� �' . � . ;' �...: � . . - . . / ,�y�.. yI�a> � .. . . � ��/A l��� �:�"^ ry` .��::. , . . . � . ' . =1� y. :r SVFr:' .. �.. �. . ., .. ' . . . t; , `� ;.� , . . . . . Date: September 5, 1979 ,�� : ,?'� - .,,�� .. . �j 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. � ACTI4N REQU�S'�Ds . ..._....�:� . �,` . . APPro��l of abvve Cocar�cil ��so1 ut1oR . : � ���� � YE� �� _ `Sf P i l 1979 _ ; � . : � , �Y�s � � . : �; Y .... . . . . . � � - � . . . . . . Pcr�o� :� �xTr�x� Fa�:a.���s Ac•rzoN; -- - �nlnriir� . ---- .ri . �r�r�...��� � . � _ ' � " � Operate cq�essions at M�dway Stadiur� Au��t 29, 19T9 - .A�"ACBME�t'TS: .: , Ct�u�c11 Rese]utic�_ _ Copy of Agr�ment� : . , . . : ..; �.,, _ �. ,.