HomeMy WebLinkAboutCC Resolution 8012 (Albert Park Concession Agreement)RESOLUTION NO. 8012
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 for renewal of Albert Pari: Concession Agreement
from July 1, 1989 to June 30, 1991 (2 -Year Agreement)
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 AUGUST
, 19 89 by the
following vote,
to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer
& Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSEN'T': COUNCILMEMBERS:None
AIME M . LEONCNI , C ITY CLERK
EV/J—
ALBERT PARK CONCESSION AGREEMENT
This agreement shall be 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 City.
2. The term of the Agreement shall be from July 1, 1989
to June 30, 1991.
3. Allow Official Hostess/Albert Park access to icemaker
in the San Rafael Community Center, when such access
does not conflict with 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.
COPY
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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.
-3-
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 sixty (60) 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 norany interest therein
may be assigned by Official Hostess/Albert Park and
Official Hostess/Albert Park shall not subcontract
any portion of the performance comtemplated by this
agreement.
Q0
APPROVED AS TO FORM: OFFICIA HOSTE ALBE T PARK
BY�:J� Lr BY _
GARY T. RAGGHIU4gTI, City Attorney DOLL NAV
APPROVE AS TO CONTENT: CIT -OF SAN RAFAEL:
BY �'`f 1`L/�
$•' . ,,.
PAMELA J. NICOLAI, City Manager LAWRENCE E. MULRYAN, Mayor
DATE: 8 17
ATTEST:
* S�f-
JE AM.LEONCI—NI,�ityClerk
al.par