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248535 �OR16�AL TC CITY CLHRK � ��`/�Q F� CITY OF ST. PAUL COUNCIL N�,. OFFICE OF THE CITY CLERK �"E COUNCIL RESOL TION—GENERAL FORM PRESENTED BY COMMISSIONE DATF RESOLVED� That the proper Gity officers are hereby authorized to enter into an agreement with Edward Williams for the lease of advertising and concessions at the Municipal Stadium, for the period of one year commencing May 1, 1970, copy of such Agreement being attached hereto and made a part hereof by reference. R P� � Asst Corpora� � � _ �� � � ��� COUNCILMEN Adopted by the Council 19— Yeas Naya ��R 2 2 �9'v � Dalglish A roved 19—_ Meredith �n Favor Peterson Sprafka Q ayor A gainst Tedesco Mr. Preaident, Byrne pUBLISHED APR 2 51970 0 . . . �� . . ... ' • '� ' . � � .+.>. .... �������� A G R E E T�i E N T THIS AGREEMENT , made and entered into this day of , 1970, at Saint Paul, Tiinnesota, liy and bet�aeen the � City �of Saint Paul , a municipal corporation of the State of Minnesota, hereinafter called the "Lessor" , and Edward Williams , doing business as Midway Stadium Concessions , Saint Paul , Minnesota, hereinafter called the "Lessee" , ' WITNESSETH: That in and for the consideration hereinafter set out , 1;he Lessor hereb,y leases and grants to the said Lessee i�he privilege of operating the concessions , and the right to sell advertising on the fence surrounding the playing field only, at the Munici�al Stadium iii the City of Saint Paul for a period of one (,,�1� year beginning ,; May 1, 1970, and the Lessee hereby accepts said privilege, subject to such rules and zestrictions as hereinafter contained. The right to sell advertising on the fence surrounding the play- ing field only of the Municipal Stadium in the City of Saint Paul in- clude� the three (3) advertising signs in place as of the ti:ue of this contract. The City shall receive fifty percent (50�) of all other. revenue derived from the sale of advertising on said �eiice . The lease o� the concessions privileges to lessee is for a one- year term beginning May 1, 1970, and terminating April 30, 1971, unless canceled duri.ng 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, 1970, and start operations as of said day, and the eonsideration to be paid by the Lessee fo r the privileges granted shall begin as of said day. Consideration to be paid by Lessee : The Lessee sha,ll pay to the Lesso r the sum of Two Thousand Dolla,rs (�2, 000. 00) , ai�e half of said sum to be paid on or before Jul.y • 31, 1970, and the Uala�lce to be paid on or before December 31, 19�0. All records and accounts of Lessee per�;aining to concessior� s�al:es at tlle Stadium, including reports compiled for Federal income tax pur- �oses , shall be operi to inspection at all reasonable times by th� Lessor and ava.ilable upon request �;o accounl;��nts from the Ci�t;y Comr►tro:ller' s office . , � . . • .. .. �:: The Lessee agrees, in accordance with Chapter 238, Laws oY the State of Minnesota for 1g41: (a) That in the hiring o� common or skilled labor Yor 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 discriminate against, or intimida�e, or prevent the employment of any person, or on being hired, :.prevent, or conspire to prevent, any person Prom the performance of work under thi.s contract on account oY 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 194I; (d) That this contract may be canceled by the Lessor and all money due or to become due hereunder shall be forfeited �or a second or any subsequent violation of the terms or conditions of this contract. It is hereby agreed that the provisions of all ordinances of the City of Saint Paul pertaining to contractors are hereby made a part of this agreement. If at any time the Les�ee shall refuse to operate - the con- cessions Yor an event when requested to do so by the Lessor, a penalty of One Hundred Dollars (�100.00) shall become due and payable from the Lessee to the Lessor. The Lessee agr. ees ta take out and maintain during the term of this agreen�t a comprehensive proteetive public liability and property damage insurance poliey in form satisfactory to the Corporation Counsel of the City of Saint Paul. The minimum amounts o� such public liability and property damage insurance shall be as Yollows: 2 , ... �.;� >� (a) Bodily injury coverage , including death, in an amount� ,;� �u..._ _ of not less than One Iiundred Thousand Dollars (�100, 000. 00) for alZ damages arising out of bodily injuries to or death of one person, and subject to the same limit for ea�h persoii 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 Dollars (�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 em��loyes from all suits , actions or claims of any character brought for or on aecount 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 Lessar and the Lessee as follows : (1 ) That the term "concessions" shall be deemed to include the privilege of the sale of cigars , cigarettes, tobacco , nui�s , food, beverages , including soft drinks and 3. 2jo beer, and such additional items of inerchandise as the manager of said Municipal Stadium shall e�pressly permit the Lessee to sell therein. (2) The sale of i�atoxicating beverages and the sale of chewing gum are expressly excluded from any privilege wi�Lh respect to said lease concessions , and the Lessee shall at all times � . be prohibited from making any sale of intoxicating beverages or chewing gum. � (3) A11 beverages sold by Lessee shall be delivered to the purchaser in paper containers . Beverages poured from the original bottle shall be poured into a paper container in the presence o� the purchaser or customer. - (4) This paragr�.pYi omit�Led by mutual consen�t of the parties . - - - - 3�' . - - - - ' -r- - — — (5) Prices c�arged for merchandise by Lessee shall be the "going prices" normally charged throughout the City under similar circumstances, and such prices shall be subject to supervi_sian and control by the Stadium management. (6) The concessions equipment not on the premises shall r be made available to Lessee by the Lessor �nd, if such equipment is used by Lessee, must be maintained by Lessee and returned to Lessor, ugon 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 all other fixtures and adequately maintain the same. The location and condition 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 Stadium management. (8) When an grie�ance arises, Lessor and Lessee may seek its so�ution by conference; however, any violation by the Lessee � of any provision, term, or condition of the contract of lease shall be deemed grounds for immediate cancellation of said contract of lease by said Lessor. The Lessee, at all times shall be bou nd to comply with all ordinances of the City of Saint Paul heretofore or hereafter enacted, and 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 violati.on of any provisions, term or condition oY the contract of lease or because of any other misconduct of said Lessee which is ini�ical to the interests oi said Lessor. (9) That Lessee 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. 4 .. . u .. � • �_ ' ' . 'At (10) That the Lessee shall keep the premises on which its concession stands are operated in a neat and clean condition at all 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 not be assignable by Lessee without the written approval of the Lessor. (12) That the Lessee shall obtain all Federal , State or City licenses reqtzired 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 ser- viceable repair and keep the Stadium clear of rodents at all times. IN WITNESS WHEREOF, the parti.es hereto have hereunto set their hands and sea.ls the day and year first above written. In Presence o� CITY SAINT PAU By: � Mayor Commissioner of Libraries, Auditorium and Civic Buildings - City Clerk Countersigned: . • City Comptroller EDWARD WILLIAMS, DBA ,,, MIDWAY STADIUM C0�1 'CESSIONS „ � � �. W 2X.t.. ��::,�- � �i ���--�-P � - �,� � .C.� o�.-.�.-c_� , �/�'�7Y� ������`-� Fo Ap roved: � Approved as .to form and execution Assis an orpo ion . tznsel this day of , 1969 5 Assistant Corporati oYi C�ur���el , _ . �. ` �.,.. . .. � „ ., , . . .. , . . STATE OF MINNESOTA) � ss . COUNTY OF RAMSEY / On this � � — day of , 1970, before me , a notary public within and for said County and Sta1;e, personally . appeared Edward Williams , to me known to be the person describe .in and who executed the foregoing inetrument, and acknowledged that he executed the same as his free act and deed. G���� ,p . Notary Public , Ramsey Co . , Minn. My commission expires R BERT D. AKEa:.O�t Notary Public, Ramsey County, Minn. My �ommission Expires June 11, 1976. STATE OF MINNESOTA) � ss . COtT�'TY OF RAMSEY On this day of , 19?0, before me , a notary public within and for said County and State , personally appeared Thomas R. Byrne , Dean Meredith, Harry E. Marshall , and Joseph J. Mitchell , to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor, Commissioner of Libraries , Auditorium and Civic Buildings , City Clerk and City Comptroller of the City of Saint Paul , Minnesota, named in the foregoing instrument , and that the seal affixed to said instrument is the seal. of the City of Saint Paul , a,nd that said instrument was signed and sealed in behalf of said City of Saint Paul by au- thority granted pursuant to formal resolution of the Council of the City of Saint Paul , Council File No . , passed and approved the day of , 1970, and said Mayor, Commissioner of Libraries , Auditorium and Civic Buildings , . City Clerk and City Clerk acknowledged said instrument to be the act and deed of said City of Saint Paul , pursuant to said Resolution. Notary PuUlic , Ramsey Co . , Minn. My commission expires -6- ... ... r.. i _ . , � . . ._ . .. .. . . .. • • � . .