253511 `:�RIGIN L TO CITY CL6RK �5�J�_�'
CITY OF ST. PAUL �o�Nc�� NO.
FFICE OF THE CITY CLERK
IL RESOLUTION—GENERAL FORM
i
PRESENTED BY
COMMISSIONE ATE
RESOLVED� Tha,t upon the recommendation of the Commissioner
of Libraries and Civic Buildings, the Council of the City of Saint
Paul does hereby approve Concession Agreement between the City
and Edward Williams� doing business as Midway Stadium Concessions,
said Lease pertaining to a two-year concession privilege at
Midway Stadium in the City of Saint Paul at an annua.l rental of
Twenty-Five Hundred Dollars ($2,500.00); and be it
FURTHER RESOLVED� Tha.t the proper City officers are hereby
authorized and directed to execute on beha.lf of the City of Saint
Paul the said Concession Agreement between the City and Edward
Williams, doing business as Midway Stadium Concession, a copy of
said Concession Agreement being attached hereto and incorporated
herein by reference.
FORM PPR E
sst rpo io
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COUNCILMEN Adopted by the Coun� - 19—
Yeaa Nays
�� APR 919�1
Carlson ,� Ap 19—
Levine
Tn Favor
Meredith
Sprafka V yor
A gainat
Tedesco
Mr. President, McCarty
. . , . _ ,D. �PR.� 7 �1971
PUBLISHE �--- ��
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A G R � I� M E 1V 'I'
THIS AGP.EE;��.ENT, �n�adc and �ritered into i�1�.is day of
, 1971, at Saint Paul, Minrzc�ota, by and 1�et�re�n the
Ci�y of Saint Pau1, a municipal corpo�ation of the State of Minnesota,
hereinafter called the "Lessor", and Edward w7illiams, doing business
as Midway Stadium Concessions, Saint Paul, Minnesota, hereinafter
called the "Lessee" .
WITNESSETH: `
That in and for the consideration hereinafter set out, the
L�ssor hereby leases and grants to the said Lessee the privilege of
operating the concessions, and the right to se11 advertising on the
fence surrounding the playing field only, at the Municipal Stadium
ira. the City of Saint Paul for a period of two (2) years beginning
May l, 1971, and the Lessee hereby accepts said privilege, subject
to such zules and restrictions as hereinafter contained.
The Lessee shall have the right to se11 advertising on the fence
surrounding the playing field only of the Municipal Stadium in the City
of Saint Paul.
The lease of the concessions privileges to lessee is for a two-
y�ear term beginning May l, 1971, and terminating Apri1 30, 1973,
tzn.less canceled during its term by the Lessor for violation by Lessee
of the terms of this lease as hereinafter set forth.
Lessee shall take possession as of May 1, 1971, and start operations
as of said day, and the consideration to be paid by the Lessee f_or the
privileges granted shall begin as of said day.
Consideration to be paid by Lessee:
�The Lessee s1z411 pay to the Lessor the annual sum oF Twenty-five
�3unc�red Dallars ($2500.00) , one half of said sum to be paid semiannually
an or before July 31, 1971, and tY�e bal_ance to be paid semiannually on or
3�efore December 31, 1971; for 1972 , o�ze half of said sum to be paid
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semiannually on or before ,7uly 31, 7.�%2 , ��nd ti�c bal.ance �� be paid
semiannually on ar before Deceml�er 31, 197 .?. .
All records and accounts of Lesse� pertaining to concessian sales
at the Stadium, including reports compiled for Federal income tax pur-
poses, shall be open to inspection at all reasonable times by the
Lessor and available upon request to accountants from the City
Comptroller ' s office.
The Lessee agrees, in accordance with Chapter 238, Laws of
the State of Minnesota for 1941:
(a) That in the hiring of common or skilled labor for the
performance of any work under this contract or any subcontract hereunder,
no contractor, material supplier, or vendor shall, by reason of race,
creed or 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;
(b) That no contractor, material supplier, or vendor under this
contract shall in any manner discr_iminate against, or intimidate, or
prevent the employment of any person, or on being hired, prevent, or
conspire to prevent, any person from the performance of work under this
contract on account of race, creed or color; �
(c) That the Lessee understands that a violation oF provisions .
(a) or (b) shall constitute a misdemeanor under the provisions of Chapter
238 of the Laws of the State of Minnesota for 1941;
(d) That this contract may be canceled by the Lessor and all money
due or to become due hereunder shall be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.
-It is hereby agreed that the provisions of all or_dinances of the
City. of Saint Paul �ertaining to con-L-ractors are hereby made a part of
this agreement.
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If a� any time the Lessee shall reruse to ope.rate the concessions
for an event �ahen recSuesteu to d.o �;o by �li� ��,���.�:>-r_ � a peral ty of One ,
Hundred Dollars ($100.00) shall become due and pay�_�ble from the Lessee
to the Lessor.
The Lessee agrees to take out and maintain during the term of
this agreement a comprehensive protective public liability and property
damage insurance policy in form satisfactory to the Corporation Counsel
of the City of Saint Paul. The minimum amounts of such public liability
and property damage insurance shall be as follows:
(a) Bodily injury coverage, including death, in an amount of not
less than One Hundred Thousand Dollars ($100,000.00) for all damages
arising out of bodily injuries to or death of ane person, and subject
to the same limit for each person in a total amount of not less than
Three Hundred Thousand Dollars ($300,000 .00) on account of any one
accident.
(b) Property damage insurance in an amount of not less than
Twenty-five Thousand i?ollars ($25,000.00) for all damages or destruction
to property in any one accident or occurrence and subject to that
limit per accident.
. Further, the Lessee agrees to indemnify and save harmless the Lessor
and all of its officers, servants, agents and employes 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.
It is further agreed by the Lessor and the Lessee as fallows:
(1) That the term "Concessions" shall be deemed to include the
privilege of the sale of cigars, cigarettes, tabacco, nuts, food,
beverages, including soft drinks and 3.2/o beer, and such additional
items of inerchandise as the manager of said Municipal Stadium shall
expressly permit the Lessee to sell th�rei_n.
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(_2) Tlze sale of intoxic�ting bevcrages arid the sale of ch�wing
gu�n a�_�e e�pres�.;.ly exc7_uded iro�.n any pr3_va_leJc� �,ti*ith r_es�aect to said ,
lease concessions, and the Lessee shall at a11 times be prohibited
from making any sale of intoxicating beverag�s or chewing gum.
(3) All beverages sold by Lessee shall be delivered to the pur-
chaser in paper containers. Beverages pour�d from the original bottle
shall be �oured inta a paper container in the presence of the purchaser
or customer.
(4) This paragraph omitted by mutu�l consent of the parties.
(5) Prices charged for merchandise by Lessee shall be the "going
prices" normally charged throughout the City under similar circumstances,
and such prices shall be subject to supervision and control by the
Stadium management.
(6) The concessions equipment not on the premises shall be made
available to Lessee by the Lessar and, if such equipment is used by
Lessee, must be maintained by Lessee and re�urned to Lessor, upon the
termination of this agreement, in the same condition as it was when furn-
ished to Lessee, ordinary wear and tear accepted, The Lessee shall furnish
and install a11 other fixtures and adequately maintain the same. The
location and eondition of such fixtures shall be subject to regulation
by the Manager of said Stadium.
(7) The Lessee is required and shall be open to serve the public
at all functions held in the Stadium building except when directed not
to do so by the Stad�um management. ,
(8) When. a grievance arises, Lessor and Lessee may seek its
solution by conference; however, any violati.on by the Lessee af any
provision, term, or condition of- the contract of lease shall be deemed
grounds for iiTimediate cancellation of said contract of lease by said
Lessor. The Lessee, at all tirne� shall be bound to comply with all
ardinances of the City o-L- Saint Paul heretofare or heieafter enacted,
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and the contract oF l�ase ah��1' be e.--pi°�ss1y suLject to cancellation
of the same by said Les>ar upcn �.i.�"i�„��� (15) days ' notice to said '
Lessee of such cancellation on acco��nt of any tr-;.olat-ion of any provisions
term or condition o� the conLract o� lease or b�cause of any other
misconduct of said Lessee which is inimzcal to the interests of said
Lessor.
(9) That Lessee shall be respcnsirle for any damages done to -the
Stadium building, or its equipment, throuqh the operation of the concess-
ions by the Lessee, its servants or agents.
(10) That the Lessee sha11 keep the premises on which its concession
stands are operated in a neat and clean condition at al1 times and shall
be subject at all times to the regulation of the Stadium management in
this matter.
(11) That the privileges hereby leased shall nat be assignabie
by Lessee without the written approval of tlze Lessor.
(12) That the Lessee shall obtain a11 Federal, State or City
licenses required and shall comply with all Federal and State laws and
municipal ordinances .relating in any manner to the carrying out of the
Lessee ' s business.
� (13) That the Lessee shall keep the refrigeration in serviceab.le
repair and keep the 5tadium clear of rodents at all times.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
� and seals the day and year first above written.
In Presence of � CITY OF SAINT PAUL
By:
Mayor
Commis oner of Libraries,
and vic Buildings
City Clerk
Countersigned:
� City Comptrol7_er � _.
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E��i�71�RD WILLIA.n1S, DBZ-1
Mll:�i�7AY S'iADIUM CONCL:SSIONS �
,� �
Form ap�roved: ;� .
` � Approved as to form and execution,
�'� �„ � '�` ,,'°� ,� i
<. .. this day of , 1971
Ass�..s.� �t Corp;or�ti� Counsel
� � ��,
,s Assistant Corporation Counsel
STATE OF MINNESOTA )
. ss.
COUNTY O F RAD4S EY )
On this day of , 1971, before me, a notary
public within and said County and State, personally appeared Edward Williams,
to me known to be the person describ�in and who executed the faregoing
instrument, and acknowledged that he executed the same as his free act and
deed.
Notary Public, Ramsey Cos , Minn.
My commission expires
STATE OF MINNESOTA )
. ss.
COUNTY OF RANlS EY' )
On this day of , 1971, before me, a notary public within
and for said County and State, personally appeared Charles P. McCarty, Leonard
W. Levine, Harry E. Marshall, and Lou McKenna, to me personally known, who
being each by me duly sworn, did say that they are respectively the Mayor,
Commissioner of Libraries and Civic Buildings, City Clerk, and City Comptroller
of the City of Saint Paul, Minnesota, n.amed in the foregoing instrument, and
that the seal affixed to said instrument is the seal of the City of Saint
Paul, and that said instrument was signed and sealed in behalf of said City
of Saint Paul by authority granted pursuant to formal resolution of the
Council of the City of Saint Paul, Council File No. ,
passed and approved the day of , 1971, and said Mayor, Conunissioner
of Libraries and Civic Buildings,Comptroller, and City Cler)c acknowledged
said instrument to be the act and deed of said City of Saint Pau1, Minr�esota,
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