HomeMy WebLinkAboutCC Resolution 7657 (Albert Park Concession Agr)RESOLUTION NO. 7657
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 park Concession AarPPmPnt frnm
July 1, 1987 to June 30, 1989
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 intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the 7th day of December
19 87 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE NI. LE / CINIti ty C erk
ORIGINA[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
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.
c. Refer- tournament sponsors to Official Hostess/Alber-t
Park for the purpose of providing snack bars for
tournaments held in the baseball/softball complex.
3. The term of the Agreement shall be from July 1, 1987
to June 30, 1989.
4. Allow Official Hostess/Albert Park access to icemaker
in the Sar, 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.
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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 farm 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
hold harmless, indemnify and defend the City of Sari
Rafael arid/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.
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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.
APPROVED AS TO FORM: OFFICIAL HOSTESP?ALPPPT PARK
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Attorney DOLLAVE\ /
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r,rrnu �IT RAFAEL:
BY ... m�
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PAMELA J. NICAl, City Manager LAWRENCE E. MULRYAN,r�_nayor
DATE
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