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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 � ��� 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 �--- �� . ' . ����� �� 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 - -�- - -�.� �._..-�:-��.a.-�.���� ...�...�,._��-�..�,�...;�. -,� �. � - - , - - -_ -- - � ,.� - <:h,. _ - 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. . 2 ' -- - – - a.� �_'=—_ � -�� _,...�,�,..... ....�...�...a.�: '_ . �. e�:.7" . . . . ��{� _ � . � . ' . . _ . . . . _Tn x*.^',^,.+' 4 _ . .. 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. 3 .�.,,4.�.�,;�—�-�,-..,..;-e._-.�.. _-.�- -�-.�,�.�... -e..,,.�.�- �---,...ti.u,�.....,..�,_.<.�,.....�..,�...�...�,� °...._�,_....�.°�.-.-.°- -'•_ :-a.. `—�°.��'� �+il�o���+wflf� ,�wa.A �,�� `• . -�. �-�. ..�^Yi� .,. '1 ,.�%i..s � sr'.,yr, C' 'S-�'l' .t'k?:me n,,._ -:: _ .e.K- ..+h 4:'�° -'�^ e a"'t�y��s '.—„w° ��i:4 �:�" ,X..:}y .... in-�. 2n lr, +�+' >; �_.: „ -. y .�., .._ -.... �- rt'.�e„ .:.rv .:... .. ��,;'. . e . .. v:_". (_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, 4 �. _.. . r --- �- -- = r,...-__.�.,, -� -�... �. �-�>.���- �„ ��. �..� — �.,.- -...- � _. ..,,. �.- _ --- -- - - , � _., . ..,, _. _ _ . , -- _ ._. ..._ _..._ .,_....: _..., . . -:� r.; _ ,. .� _ ., - ; . ,. ,., - _. . .����-- m,� ,� .. ,_,Kk ..:�� 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 � _. J a,�,�k:K. -�-- �- .-_�..._ -�.,.... �._. ,...�-_, e --n.-�.-.,.-��;��. ._- -•-�,�,�,�,:-��_-��.._, �°ti'w.°,°'�,'��`_��"�.:.--�.�_.� � � .-,�. .-..-°""- - ^ - -` - _ . .�...Y� _:.. ... �>.w �" �G :a:._^�.� � ...�. --- - �.i�:. - `..W '�, (�..._ _ P : . ':. 'Y �.�. _ ._.t-e. ' r..�t ,�, a....�v ...xi... ,,, , _ n.:..`" f."...r. " .e �F.�_�:a' 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, 6 , _�, ._._.�_ _� _ .�_ �, .,,�_ _�.�..,.�.___ —. ..��._,,,, _ _ -�..:.-;�,..a.�.� �..�t ;�k..+, - - - ._ - = :r - - - _