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267350 WHI7E - CITV CLERK � � �/'1�� PINK - FINANCE COIIACll �� CANARV-DEPARTMENT GITY O � SA� PAUL BLUE - MAYOR . Flle NO•� � .� Co " c ' -' oluti Pr lJ �/ esented By Referred To Com ttee: 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 June 15, 1976, and being for the term of one year and with an annua.l renta.l payable thereunder to the City of $2,750.00; a copy of said agreement to be kept on file in the Department of Fina.nce and Ma.na.gement Services. Yeas COUIVCILME Na s Requested by Department of: r Y / ��I Butler � In Favor � Hunt Levine � v Against BY � Tedesco President� Sylves ter Adopted by Council: Date �� Form rov by C'ty tt G Certified P ed y ncil Secretary BY � . By Appr d by Mayor: te �_��.�_ Approved b a r Sub ' ' n ouncil By BY Pua�isHEO JUN 19 �976 - � �� 6'7�50 ' A G R E E M E N T . THIS AGREEMEi�1T, Made and entered into this day of . , 1976, by and between the CITY OF SATNT PALL, a municipal corporation of the State of Minnesota, hereina.fter called � the "Lessor," and ARTHUR TYSK, doing business as Midway Stadium Concessions, Saint Paul, Minnesota, hereina.fter called the �"Lessee"; WITNESSETH: l. The Lessor hereby leases and grants to the said Lessee the right of operating the concessior�s at the Municipal Stadium in � the City of Saint Paul, and the Lessee hereby accepts said rights subject to the terms and conditions hereina.fter contained. 2. The Lease of the concessions privileges to the Lessee is for one year beginning June 15, 1976 and terminating June 15, 1977, unless cancelled. during its term by the Lessor for violation by the Lessee of the terms of this lease as hereina.fter set forth. 3. Lessee shall take possession as of June 15, 1976, and star� . operations as �of said day, and the consideration to be pa.id by the Lessee for the privileges granted shall begin as of said day. 4. The Lessee shall pay to the Lessor the sum of Two Thousand : Seven Hundred Fifty pollars ($2,750.00) , one-ha.lf of said sum to be paid on or before December, 197b, and the balance to be paid on or before June, 1977. All records and accounts of Lessee pertain- ir�g to concession sales at the Stadium, including reports compiled for Federal income tax purposes, shall be open to inspection at all . ��50 reasonable times by the Lessor and available upon request to the Lessor. S. The Lessee agrees, in accordance �with Chapter 74 of the Lessor's Legislative Code: a. That in hiring of common or skilled labor for the performance of any work under this con�ract or in the hiring of any subcontractor, material supplier, or vendor, sha11 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, ma.terial supplier, or vendor under this contract sha.11 in any manner discrimina.te � against, or intimidate, or prevent, or conspire to pre- vent, any person from the performance of work under this contract on account of race, creed, or co�or. 6. It is hereby agreed tha.t 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 sha11 be responsible for any dam- ages done to the Stadium building, or its equipment, through the operation of the concessions by the Lessee, its servants or agents. 1he Lessee agrees totake 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 min- - imum amounts of such public liability and property damage insurance 2 . . ., ��`7�?�� 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 dama.ges arising out of bodily in- juries to or death of one person, and subject to the same . limit for each person in a tota.l 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 T�aenty-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 harm- ' less the Lessor and all of its officers, agents, servants and em- ployees from all suits, actions or claims of any cha.racter brought for or on account of any injuries or dama.ges 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 priv- ilege of the sale of cigars, cigarettes, tobacco, nuts, food, beverages, including soft drinks and 3.2% beer, and such additiona.l 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 prohibited from making any sale of intoxicating beverages or chewing gum. 3. , V �6'7`��0 9. All beverages sold by Lessee sha.11 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 cha.rged for all merchandise � by Lessee shall be approved by the Lessor. 10. The Lessor shall retairi the right to concession privileges on designated functions. 11. The concessions equipment on the premises shall be ma.de � available to Lessee by the Lessor and, if such equipment is used by the Lessee, must be ma.intained by Lessee and returned to Lessor, upon the termination of this Agreement,� in the same condition as it was when furnished to Lessee, ordinary wear and tear excepted. The . Lessee shall furnish and install a11 other fixtures which shall be � subject to regulation by the Manager of said Stadium. 12. The Lessee is required and sha.11 be open to serve the pub- lic at a11 functions held in the Stadium building except when directed not to do so by the Lessor. 13. Any violation by the Lessee of any provisions, term or condition of the contract of lease shall be deemed grounds for im- mediate cancellation of said contract of lease by said Lessor. The contract of lease shall be expressly subject to cancellation of the same by said Lessor upon fifteen (15} days ' notice to said Lessee 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 interests of said Lessor. 4. . . �� . ��`�`��0 Y 14. The Lessee sha.11 keep the refrigeration in serviceable repair and keep the Stadium clear of rodents at all times, and the Lessee sha.Il keep the premises on which its concessions stands are operated in a neat and clean condition at all times and shall be subject 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. 16. The Lessee shall obtain all Federal, State or City licenses � required and shall comply with all Federal and State laws and muni- cipal ordinances relating in any manner to carrying out of the Lessee's business. IN WITNESS WHEREOF, The parties hereto ha.ve hereunto set their � hands the date first above written. CITY OF SAINT PAUL By: Ap a to Fo � yor � j « � Assistant City Attorne J � Director, Department of F3nance and Management Services . . • , , ��-�� ,� �.� c THUR TYSK, Less . 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