271152 WHITE — CITV CLERK COUIICII
b
PINK — FINANCE GITY �O INT PAITL ����-�a� �
CANARV — DEPARTMENT �
BLUE — MAVOR File NO.
' Resolution
,
Presented By �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized
to enter into a lease agreement for the use of Midway Stadium by
the Minnesota Norsemen Professional Softball Club, Inc. , for the
purpose of playing slo-pitch softball games; said lease providing
for the payment to the City of $300.00 per game date with increase
based on patronage attendance, providing for the Norsemen' s operat-
ing concession facilities for a lump sum payment of $5, 500.00,
providing for public liability insurance as stated therein and for
a term of one year.
.
COUNCILME[V
Requested by Department of:
Yeas�� Nays �--
COMMUNITY SERVICES
Hozza �_ [n Favor
HU�t a `
Levine __ Against �
Roedter -
Sylvester
°--�e�tes�o
Form prove y Ci orn
Adopted by C cil: Date —���1�_ a
� ,� � �� .
Certifi assed Coun Secret�y BY
�
App v y Mayor. D te ` �'��AY 3 1 1978 ApP o„ d by Mayor for Sub sio -to�Council
B1' - E–`���. B
Pl16LiSNED ,J�PI 10 1978
. + �. .
2�7'�� ��
AGREEMENT �
THIS AGREEMENT, Made and entered into this day of
, 1978, by and between the CITY OF SAINT PAUL,
Minnesota, hereinafter referred to as "the City", and the MINNESOTA
NORSEMEN PROFESSIONAL SOFTBALL CLUB, INC. , a Minnesota corporation,
hereinafter referred to as "the Club" ;
WITNESSETH:
It is mutually agreed by and between the City and the Club as
follows:
1. That for the consideration hereinafter stated, the City
hereby leases the use of Midway Stadium to the Club for the purpose
of playing slo-pitch softball on the dates shown on Exhibit A which
is attached hereto and incorpor�ated herein by reference. It is
intended that on each of the dates the Club will organize and play
two games of slo-pitch softball.
2. That the Club may charge admission to patrons attending
the slo-pitch softball games at such prices as shall be fixed by it.
3. That the Club will pay to the City, the greater of, Three
Hundred Dollars ($300.00) per date as set forth in the attached
Exhibit A or the sum of Five cents ($0.05) per patron above 4, 300
admitted to the stadium on any date and as tallied by a represen-
tative of the Club and the City utilizing counters affixed to the
. o .� .
eight turnstile admittance gates at Midway Stadium. The tally
shall be recorded at such time as the City' s on-site personnel de-
sire and recorded on such document as the City provides. A copy of
the tally will be furnished to the Club' s r�epresentative after each
tally is recorded. Eight turnstiles will be available for each date
(Exhibit A) .
4. That the Club will on or before May 15, 1978, pay to the
City the sum of Five Thousand Dollars ($5, 000.00) which shall be
held in escrow by the City. Amounts payable to the City under the
preceding paragraph shall be debited against the sum in escrow until
Three Thousand Dollars ($3,000.00) has been paid to the City. The
remainder of Two Thousand Dollars ($2,000.00) shall be applied to
the amounts further payable pursuant to the provision of Paragraph 3
of this Lease. All other amounts due and owing to the City as in-
curred by the Club under this Agreement shall be payable within
seven (7) days.
5. That the Club may distribute a maximum of fifty (50) com-
plimentary tickets for each game played, and the fifty (50) compli-
mentary tickets shall be a deduction from the tally of patrons
recorded as noted in the paragraph above.
6. That in the event softball games cannot, in the judgment of
the Club, be played on the dates reflected on Exhibit A due to in-
clement weather, the City agrees to provide the use of Midway
2.
Stadium for a maximum of six (6) Sundays or other dates under the
same terms and conditions as herein stated. However, any cancel-
lation of softball games due to inclement weather which result in
rescheduling for a Sunday date will require and oblige the Club to
pay to the City the sum of One Hundred Twenty-five Dollars ($125.00)
as a reservation charge for the date that Midway Stadium was to be
used as reflected on Exhibit A.
7. That in addition to the dates set forth in Exhibit A, the
Club may, upon two (2) weeks ' notice to the City, use Midway Stadium,
subject to its availability, for tryouts for the Club. No tryout
shall last more than eight (8) hours and for this use the Club shall
pay the City the sum of One Hundred Twenty-five Dollars ($125.00)
per day.
8. That the Club may additionally, upon two (2) weeks ' notice
to the City, schedule softball practice s'essions at Midway Stadium
at a charge of the lesser of Fifty Dollars ($50.00) per session.
9. That on any date prior to the dates reflected on Exhib it A,
the Club may at its option rent Midway Stadium for two (2) days for
exhibition softball games, and the charge payable by the Club to
the City shall be One Hundred Dollars ($100.00) for each date or day.
10. That all income from parking shall belong solely to the
City, however, the Club may sell programs and various souvenirs, T-
shirts, jackets, bats, hats, and other goods' and products directly
3.
relating to softball, the Club or the American Professional Slo-
Pitch League and retain the proceeds of these sales.
• 11. That the Club will provide, at its own expense, four (4)
ticket sellers and a minimum of ten (10) ushers for all dates on
which softball games will be played. Additionally, the Club will ,
provide a minimum of three (3) off-duty police officers as a secur-
ity force for all games. The City will provide and pay for at
least one police officer for all dates on which the Club will play
softball games.
� 12. That the Club .may, at its own expense and subject to de-
sign approval by the City, construct a new p�tfield fence at Midway
Stadium at a distance of three hundred (300) feet from the home plate
and to a height of ten (10) feet, and upon the new outfield fence
being completed, it shall belong solely to the City without any
rights, title or interest therein retained by the Club. The Club
shall be solely entitled to all income from advertising on said out-
field fence.
13. That all costs of maintaining Midway Stadium and clean-up
after each game shall be the responsibility of the City.
c
14. That all utility costs, including but not li.mited to
electricity, lights, gas, water and plumbing, incurred in connection
with the playing of games shall be cha�geable to and payable by the
- City.
4.
.............................. ... .......... _. _ _ _
..................................................... ......................_......................._.......................................................................................................... ........... .. .. _ ...................- ....
--�--------------------------.................. --- ......................................................... ..................._... ......--........---.......---....._ ._.... -----��---.......
---------�---•---..._..........._.......................................................................................................................---�---�-�----�-�
--------------------�------...................-� --.._____._ ...- -.....--- ----..
_------�--.............-�-�-----
��'�.�_��
15. That the Club agrees to indemnify and hold harmless the
City of Saint Paul from any and all claims of whatever kind that may
arise in connection with the playing of slo-pitch softball games at
Midway Stadium by the Club and occasioned by the negligence of the
Club, its employees, agents, team members and related personnel.
That in order to give this indemnification full force and effect,
the Club will procure and pay for at its own expense, public liabil-
ity insurance and, additionally, statutory Workers ' Compensation
Insurance, with the City named as a co-insured thereon. Said public
liability insurance shall be in the amounts of One Hundred Thousand
Dollars ($100,000.00) per person, Three Hundred Thousand Dollars
($300, 000.00) per occurrence, and Fifty Thousand Dollars ($50,000.00)
property damage.
16. That this Lease shall be for the term of �ne (1) year. '
17. That in the event the Club exercises an option to renew
this Lease for a second or third year, the Club agrees to submit its
schedule of playing dates for the playing of softball games no later
than April 1 of each year. The schedule may reflect a maximum of
twenty-one (21) dates between May 20 and September 1 of each year.
18. That the Club shall give the City written notice of its =-
intent to renew this Lease as provided herein on or before April 1 -
of each year for the leasing of Midway Stadium for the dates between
May 20 and September 1 of each year.
;::
F:
5_ i'
19. That the City shall have the following obligations and
responsibilities in addition to those set forth in this Lease:
A. The City will provide and pay for adequate per-
sonnel who will be responsible for traffic control, and
the City will monitor and manage said personnel, at its
cost, so that there will be organized and efficient traf-
fic control in the parking lot and parking area.
B. The personnel who the City will provide and pay
for under this Lease for parking police protection and
other purposes will be at Midway Stadium at least one and
one-half (1 1/2) hours before the time scheduled for a
softball game by the Club, and said personnel will remain
at Midway Stadium for a reasonable time after the sched-
uled softball game has been completed. All personnel
scheduled by the City will be responsible to the City' s
Division of Parks and Recreation.
C. The City will, at its expense, maintain the
locker room facilities in a clean and orderly manner and
will keep and maintain the plumbing and showers in good
working order.
D. The City will provide and pay for all required
trash removal.
6.
E. The City will keep the "press box" open during
all softball games of the Club, and the Club shall have
the exclusive right to designate the persons who will
occupy the "press box" .
F. The City will designate an entrance in Midway
Stadium which will be designated as the "press gate" .
Authorized persons of the press who are employed by the
news media (local, regional or national) and who are ap-
proved by both the Club and the City shall be permitted
to attend scheduled softball games of the Club under
Paragraph 3 of this Lease nor . shall said press personnel
be counted against the "complimentary tickets" alloted
to the Club under Paragraph 5 of this Lease.
G. The City will, at no cost to the Club, provide
the Club with at least fifty (50) parking spaces adjacent
to or near the front entrance of Midway Stadium for park-
ing for the Club' s personnel, the Club ' s softball team,
the press, the opposing softball team, and other author-
ized persons or entities designated by the Club. The
Club will pay for the printing of special parking permits
and will provide the City with a list of the persons auth-
orized to use said parking facilities.
7.
: � ���_��:�
H. The City will, at its expense, provide a loud-
speaker and public address system at Midway Stadium which
will be audible to the customers patronizing Midway
Stadium at the Club' s softball games. The Club will
procure and pay for the announcer at its softball games.
I. The City will, during the daylight hours of all
days that the Club plays a scheduled or rained-out saft-
ball game, provide and prominently display, at its expense,
the American Flag. The location shall be such that the
customers patronizing Midway Stadium will have a clear
and unobstructed view of the American Flag at all times.
20. That the Club shall have the right to have a sign or
signs painted or affixed to Midway Stadium and to other structures
maintained by Midway Stadium for advertising showing that Midway
Stadium is the "home" of the Club and showing the schedule of the
Club ' s home softball games. The City shall have the right to ap-
prove all signs which approval shall not be unreasonably withheld.
The Club shall pay for all costs for any sign or signs and for the
maintenance of said sign or signs.
21. That the City will allow the Club to locate the mobile
home along the right field fence, outside the Stadium and east of
the gate. The Club will pay for electrical hook up, phone hook up,
8.
and monthly cost for the phone. The Club further agrees to main-
tain this mobile home and remove it from the premises on or.before
September 29, 1978.
22. That the City will set aside the east parking lot for
tailgage parties. The City further agrees to assign one person to
this lot starting at 4:00 p.m. on the game dates.
23. That the Club shall pay to the City for the exclusive
privilege of operating concessions during the Club ' s home games at
Midway Stadium the lump sum of Five Thousand and Five Hundred Dollars
($5,500.00) by May 15, 1978.
A. All persons employed by the Club to staff the
concession stand shall be a minimum of nineteen (19) years
of age and shall present a clean and neat appearance at
all times. -
B. Al1 equipment used in the concession area shall
be maintained in a clean, attractive and safe condition
at all times.
C. The Club shall be responsible for all cost in-
volved in maintaining all equipment in a safe, clean, and
attractive operating condition.
D. It is understood that the C1ub will have sole
use of only the left field concession stand.
E. The Club shall provide complete and accurate
accounting records of the concession operation in
9.
accordance with methods developed by the Club and said
City. jointly.
F. The Club shall, upon request of said City or
its agents, provide records of all sales at no cost to
the City.
. 24. That the Club shall submit to the City within sixty (60)
days following the end of each season, a statement of gross re-
ceipts and expenditures using true and acceptable accounting pro-
cedures. Said report shall contain such information and be in
such form as to be acceptable to the City. The City shall have the
right to inspect the books and records during usual business hours.
25. That the Club may additionally, upon reasonable notice to
the City, schedule practice sessions at Midway Stadium, using the
field lights at a charge of $40.00 per hour.
IN WITNESS WHEREOF, The parties hereto have set their hands
the year and date first above written.
CITY OF SAINT PAUL
By
ved a t or : Mayor
c
By
Assistant ity Atto ey Director, Department of Finance
and Management Services
10.
. � � ��°� � ��
_�:,-�
MINNESOTA "NORSEMEN" PROFESSIONAL :
SOFTBALL
� .
By � y� �
Steve R. Doran, President
4
11..
.
-- ' ' �'- -
NORSEMAN DATES
May 19-20
June 2-3
June 9-10
June 23-24
July 14-15
July 28-29
Aug, 4-5
Aug, 12-13
� } OM O1 : 1�/1975
� , � Rev. : 9/8/76
-. EXPLANATION OF ADMINISTRATIVE QRDERS,
OLUTIONS, ND RDI N S �, !#.r�,,.�_..
, h � ,�'�
���.�,�
R � � " � ��? � D
Date : MAY 11, 1978 MAY 1 '71978
� MAVOR'.i. O� �
T0: MAYOR GEORGE LATIMER �
FR: TH�+1AS J. KELLEY
RE: Lease Agreen�ent between City o� Safint Paul and Mfinnesota Norsemen Professfional
Softball Clu6, Inc. �
ACTION REQUESTED•
Use of Midway Stadium 6y above natmed C1u6
. ,
PURPOSE AND RATIONALE FOR THIS ACTION:
Play s1o�p�tch so�taa�ll games
ATTACHMENTS:
Councfil Resolutton �,
C� o� Lease l�greement
\
�
\
��