269517 WHITE - CITV CLERK �6951'7
PINK - FINANCE G I TY OF SA I NT PALT L Council
�CANARV - DEPARTMENT� � �
BIUE - MAYOR Flle NO.
' �solution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized and
directed to execute a Lease Agreement with Arthur Tysk, doing business as
Midway Stadium Concessions, said Lease commencing July 1 , 1977, and
terminating June 30, 1978, with an annual rental payable to the City of
$2,750; a copy of said agreement to be kept on file in the Department of
Finance and Management Services.
COUNCILME[V
Yeas Nays � Reguested by Department of:
Butler
Hozza In Favor
Hunt �
Levine __ Against
Roedler
��
Tede
Adopte y Council: Date _ a�� 2r �9� Form Appr City Attorn
c
rtified P�5 y C uncil etary BY �
Approved b a r: Date 'rJ' 19T7 Appro d by Mayor for Subm' si t Council
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By By
PUBLISHED �,(JG � � 197
I I, .
. ,_ OM 01: 12/1975
, _ , � � . . . Rsu. : 9/�/76 .
:__ _ . __
° E TION OF ADMINI�TRATIV� OEtDERS,
�S�OLUT�ONSr��•AN 0 N�CES '
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Datm: �u�y t� , 1977 � R E C E 1 V E D
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; !U l 2 � 1977
�� MAYOR'S OfFICE
Tp: MAYOR GEQRt�;E� LATIMER .
I�g• � �__/
' Rvbert Piram .
�' Lease Agree�er� with Arthur Tysk
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ACTION REQUESTED: +
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Appr.oval of Co�n�ci1 Resolution ' .
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; PURP�OSE AND RATION� FOR TBIS AC` TION:
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leas�.of conce#sion operation at Midway Stadium is nece,�sary for service
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at th� Stadium�I
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ATTACBMENTSs � '
' —""""�`ounci 1 Resol u F i on
Gopy of l,ease �greement
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AGREEMENT ,
THIS AGREEN`�NT, Made and entered into this lst day of July ,
1977, by and between the CITY OF SAINT PAUL, a municipal corporation of the State
of hlinnesota, hereinafter called the "Lessor," and ARTHUR TYSK, doing business
as Midway Stadium Concessions, Saint Paul , h1innesota, hereinafter called the ,
�"Lessee";
WITNESSETH:
1 . The Lessor hereby leases and grants to the said Lessee the right of
o perating the concessions at the htunicipal Stadium in the City of Saint Paui , and
the Lessee hereby accepts said rights sub3ect to the terms and conditions Eferein-
a fter contai ned.
2. The Lease of the concessions privileges to the Lessee is for one year
beginning July 1 , 1977 and terminating June 30, 1978, unless cancelled during its
term by the Lessor for violation by the Lessee of the terms of this lease as here-
inafter set forth.
3. Lessee shall take possession as of July 1, 1917, and start operations
as of said day, and the consideration to be paid by the Lessee for the privileges
g ranted shall begin as of said day.
4. The Lessee st�all, pay to the Lessor the sum of Two Thousand Seven
H undred Fifty Dollars ($2,150.00) , one-half of said sum to be paid on or before
December, 1917. and the balance to be paid on or before June, 1978. All records
and accounts of Lessee pertaining to concession sales at the Stadium, including re-
ports compiled for Federal income tax purposes , shall be open to inspection at all
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reasonable times by the Lessor and available upon request to the Lessor.
5. The Lessee agrees . in accordance with Chapter 74 of the Lessor's �
Legis�ative Code:
a. That in 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 color, dis- ,
criminate 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 con-
tract 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
o f 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
d uri ng the term of thi s Agreement a comprehens i ve protecti ve publ i c 1 i abi 1 i ty and
property damage insurance policy naming the Lessor as a co-insured, the minimum
amounts of such public liability and property damage insurance being as follows:
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a. Bodily in�ury 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, save and keep
harmless the Lessor and all of its officers, agents , servants and e�loyees
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 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 shali expressly
permit the Lessee to sell therein. Intoxicating beverages and the sale of chewing
gum are expressly ex�luded from any privilege with respect to said lease concession,
and the Lessee shall at all times be prohibited from making any sale of intoxi-
c ating beverages or chewing 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
apprnved by the Lessor.
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10. The Lessor shal l retai n the ri ght to concessi on pri vi leges on de-
signated functions.
11 . The concessions equipment on the premises shall be made available to
Lessee by the Lessor and, if such equiprr�nt is used by the Lessee, must be main-
t ained by Lessee and ret�rned to Lessor, upon the termination of this Agreement,
in the same condition as it was when furnished to Lessee, ordinary wear and tear'
e xcepted. The Lessee shall furnish and install all other fixtures which shall be
sub3ect to regulation by the Manager of said Stadium.
12. The Lessee is required and shall be open to serve the public at all
f unctions held in the Stadium building except when directed not to do so by Lessor.
13. Any violation by the Lessee of any provisions, term or condition of the
c ontract of lease shall be deemed grounds for immediate cancellation of said con-
t ract of lease by said Lessor. The contract of lease shall be expressly sub3ect
to cancellation of the same by said Lessor upon fifteen (15) d�ys' notice to said
E�ssee of such cancellation on account of any violation of any provisions, term
or condition of this lease, or because of any other misconduct of said Lessee which
is inimical to the interest of said Lessor.
14. 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
o n which its concessions stands are operated in a neat and clean condition at all
times and shall be sub3ect at all times to the regulation of the Lessor.
15. The privileges hereby leased shall not be assignable by Lessee without
the written approval of the Lessor.
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,�6951`7
16. The Lessee shall obtatn all Federal , State or City licenses required
a nd shal� comply with all Federal and State laws and municipal ordlnances re- �
lating in any manner to carrying out of the Lessee's business.
Y�l WITNESS WNEREOF, The parties hereto have hereunto set their hands the
d ate fi rst above wri tten.
� CITY OF SAINT PAUL
By:
ayor
Approv as to Form•
O
ss stant C ty ttorney /
rec or, epartment o nance
and Management Services
ARTNUR TYSK, Lessee
Midway Stadium Concessionaire
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