HomeMy WebLinkAboutCC Resolution 9129 (Albert Park Concession)RESOLUTION NO. q 1 9 a
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of
San Rafael a contract, lease or agreement with
Albert Park Concession
Dolly Nave, Official Hostess, for a 30 month period from
July 1, 1993 throuqh December 31, 1995
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a Reaular
meeting of the City Council of said City held on Monday the 4th
day of Apr i 1 ,19 9 4 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini
& Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
ORIGINAL„ q,aq
ALBERT PARK CONCESSION AGREEMENT
This agreement shall be made between the City of San Rafael,
hereinafter referred to as "City" and Dolly Nave, hereinafter referred to as
"Official Hostess/Albert Park," for the purpose of operating the snack bar
facilities adjacent to the softball and baseball diamonds in the Albert Park
stadium complex.
A. THE CITY AGREES TO:
1. Allow Official Hostess/Albert Park exclusive use of the
snack bar facilities for the purpose of providing
refreshments to participants in the adult softball
leagues, tournaments and high school baseball
programs. The snack bars remain the property of the
City and City retains the right to use the snack bars for
City activities other than the above-mentioned
programs. Official Hostess/Albert Park shall be
consulted upon any use by the City.
2. The term of the Agreement shall be for 30 months (2-
1/2 yrs.), from July 1, 1993 to December 30, 1995.
Contract renewal will be on a calendar year.
3. Allow Official Hostess/Albert Park access to icemaker
in the San Rafael Community Center, when such access
does not conflict with the San Rafael Community Center
rentals or activities.
B. IT IS FURTHER AGREED:
1. That no alcoholic beverages may be offered for sale
from the snack bars at any time.
2. That the Official Hostess shall provide such concession
refreshments as deemed desirable and practical for all
participants and spectators at reasonable cost to patron.
3. That the Official Hostess shall provide such security
for snack bar facilities as deemed appropriate by both
parties. Currently, facilities are double locked and the
softball snack bar has a security alarm.
4. That the Official Hostess shall provide for City access
to facilities for regular inspection or emergency
purposes in the form of keys to be issued to the
Recreation Department.
5. That the Official Hostess shall provide an annual
financial statement thirty (30) days after the final game
of each softball season, spring and summer, as well as
after the final game of the high school baseball season.
C IT IS FURTHER AGREED:
1. That the Official Hostess/Albert Park will hold
harmless, indemnify and defend the City of San Rafael
and/or its employees from any loss, claim, liabilities,
damages and/or injuries to persons, property that in
any way may be caused by or during Official Hostess/
Albert Park's use or occupancy of said snack bar
facilities.
2. That Official Hostess/Albert Park is an independent
contractor, and, as such, shall be responsible for
product and service agreements with Official Hostess/
Albert Park's suppliers. Such agreements are not
considered agreements with the City and are in no way
binding upon the City.
3. That it is hereby expressly understood that the City
and Dolly Nave, "Official Hostess/Albert Park", agree
to submit any claims arising under this agreement to
binding arbitration pursuant to the current provisions
of the California Code of Civil procedure or any
successor statutes.
4. This agreement may be amended or terminated by
mutual consent of the parties hereto and may be
cancelled by either party upon thirty (30) days
written notice.
5. This agreement contemplates the expert and unique
services of Official Hostess/Albert Park, and it is
recognized by the parties to this agreement that a
substantial inducement to agency for entering into
this agreement was, and is, the professional
reputation and competence of Official Hostess/Albert
Park.
CITY OF SI&N RAF'
`
BY
Af6ert J. Bo , Mayor
DATE: alq-/9'Z/
ATTEST:
Yeanne M. Leoncini, City Clerk
APPR FORM:
BY
Mary T. agghianti, City Attorney
APPROVED AS TO CONTENT:
By Pamel�i
a J. Nic lai, City Manager
OFFICIAL HOSTESS, ALBERT PARK
Lal�vlwt,
Dolly lkave