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HomeMy WebLinkAboutCC Resolution 8522 (Albert Park Concession Agr)RESOLUTION NO. 8522 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 DOLLY NAVE EXTENDING THE ALBERT PARK CONCESSION AGREEMENT FOR TWO YEARS (from July 1, 1991 to June 30, 1993) 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 Regular meeting of the City Council of said City held on Monday the 7th day of October , 1991 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Rreiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey & P4ayor Mulryan J�'dNE M. LEO CINI, CITY CLERK N 2 DRIGi�� 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 two years, from July 1, 1991 to June 30, 1993. 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. Neither this agreement nor any interest therein may be assigned by Official Hostess/Albert l=ark and Official Hostess/Albert Park shall not subcontract any portion of the performance contemplated by this agreement. 3 - CITY OF SAN RAFACEDL: BYo� Dorothy L. Wreiner, Vice Mayor DATE: O I7 I y 1 ATTEST: anne M. Lleonci. Qi, City Clerk A;;ary VED AS TO O B T. Ragghianti, Ci y Attorney APPROVED AS TO CONTENT: BY Pamela J. Nicolai, City Manager OFFjqAL HOSTESS, ALBERT PARK D ly Nave 4 -