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273552 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PAIT L Council CANARV - DEPARTMENT File NO• ������� Bl_UE - MAVOR o nc ' R olution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to enter into an agreement by and between the City of Saint Paul and Company 7, Inc. , for the operation of the Municipal Stadium concessions on August 17, 1979; subject to the terms and conditions of the agreement, a copy of �uhich shall be kept on file in the Department of Finance and Management Services. COUNCILMEN Requested by Department of: Yeas Nays � In Favor Comnuni t Servi ces Hozza Hunt � �__ Against BY -7���� � Maddox Showa]. ,�esco AUG 16 1979 Form A rove y C' y rney Ado�d by Cou il: Date � � r C�rtifie assed by Cou , ret�y ' BY ��;gy G �'� Elpprov d by 1�1 v r: Dat A�G Approtved by ay r for Subm'ssion to Council By — By • �"�fj��;Y�—� rtjsus�t� AU G 2 51919 L � ! C � + ���OJ'�'A`:-.� 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 Company VII, 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 3n the city of Saint Paul , and the Lessee hereby accepts said rights subject to the terms and 4 conditions hereinafter contained. 2. The lease of the concessions privileges to the Lessee is for one day that being August 17, 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 15, 1979, and start operations as of said 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 18, 1979. Further, the Lessee shall pay to Lessor the sum of ten . percent (10%) of the gross sales from novelties by August 18, 1979. 5. The Lessee agrees, in accordance with Chapter 74 of the Lessor's Legislative Code: a. That in hiring of comnon 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 - Y r ' ' • 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 any manner discriminate against, or intimidate, or prevent, or conspire to prevent, any 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 liability and property damage insurance policy naming the Lessor as a co-insured, the minimum amounts of such public liability and property damage inswrance being as follows: a. Bodily injury coverage, including death, in an amount of not less than Three Hundred Thousand Dollars ($300,000.00) for all 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 an 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 re- ceived by any person, persons, or property by or from the act or acts of said Lessee arising out of the concession operation. 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 exc]uded from any privi- lege with respect to said lease concession, and the Lessee shall at all times be prohibited from making �any sale of intoxicating beverages or chew- ing gum, . 9. All 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 by Lessee shall be approved by the Lessor. The "twenty percent (20%) of gross" charged by 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 concessions equipment on the premises shall be� made available to Lessee by the Lessor and if such equipment is used by the Lessee, must be ' maintained by Lessee and returned to Lessor upon the termination of this Agree- ment in the same condition as it was when furnished to Lessee, ordinary wear - 3 - . r ` ����V� 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. The Lessee is hereby authorized to remove the dugout steps for this event. Upon completion of this event the Lessee is required to replace the dugout steps with new wood. This replacement shall be installed and paid for by the Lessee. Supervision of this removal and installation shall be the responsibility of Stadium management. � 12. Any violation by the Lessee of any provisions, term or condition of the contract of lease shall be deemed grounds for imrnediate cancellation of said contract by lease by said Lessor. 13. 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. 14. The privileges hereby leased shall not be assignable by Lessee without the written approval of the Lessor. 15. The Lessee shall obtain all Federal , State, or City licenses re- quired and shall comply with all Federal and State laws and municipal ordin- ances relating in any•manner to carrying out of the Lessee's business. Funding Code: 23101 AP � S T 0 : CITY OF SAINT PAUL: c ss�stant �ty ttorney ayor COMPANY VII, INCORPORATED • irector, epartment o inance and Management Services By Its l- ,c-, ,�l.� - irector, De rt t of mmunity � Services