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HomeMy WebLinkAboutDeliciosa Tuba De Colima - Road 36 Soccer Field Concession AreaCityof CONCESSION/LEASE AGREEMENT 2023 Pasco Road 361h Soccer Fields r Parks and Rec Concession Area Agreement #: REC23-005 1. PARTIES. This Lease Agreement (Agreement) is made and entered into as of the day of r6bftw s4 , 2023, by and between the City of Pasco, a municipal corporation (City) and Deliciosa Tu a De Colima (Juan Moreno) (Concessionaire). Official mail correspondence should be sent to the following addresses: CITY OF PASCO DELICIOSA TUBA DE COLIMA Attn: Brent Kubalek Attn: Juan Moreno PO Box 293 1520 W. Clark St. Apt H Pasco, WA 99301 Pasco, WA 99301 509-543-5790 509-302-8547 2. TERM. This Agreement shall commence upon execution, and unless terminated for a breach or as provided herein, shall continue in full force and effect through October 31, 2023. 3. PREMISES. City hereby leases to Concessionaire and Concessionaire hereby leases and takes from City that certain real property at the Road 36th Soccer Complex in the City of Pasco, County of Franklin, State of Washington. The leased premises consists of approximately a 25 x 15 foot area of open space, more or less (referred to as the Premises), together with all improvements thereon and appurtenances thereto, as shown in the attached Exhibit A. 4. FEE. Monthly Fee shall be payable to the City by the Concessionaire in the amount of and on specified dates included in Appendix B. Fee shall be payable to City at the address shown below, or to such other address as City may designate by written notice as provided herein, without demand and without deduction, setoff or counterclaim. 5. CONCESSION RIGHT. Concessionaire shall have the exclusive right during scheduled rentals (dates and times in appendix B) only, subject to payment of the concession compensation and the provisions set forth herein, to sell food and non-alcoholic beverages in the premises based on the agreed upon menu in the attached Exhibit C. 5.1 Concession Equipment. Concessionaire shall supply, at its own expense, all equipment, fixtures, power, supplies and staff and other items required or necessary to provide concessions to patrons of the Premises. 5.2 Concessionaire is required to supply and use adequate electrical equipment. 6. CONCESSION RIGHT COMPENSATION. Concessionaire shall pay City for the exclusive food and beverage service concession at the Rd 361h Soccer Fields during the dates and times specified in Appendix B, with monthly Fee payments. 6.1 Reports. Concessionaire shall provide to City with each monthly concession payment, an itemization of its gross receipts for the month, listing separately food, beverage, and any other general product sales category conducted on the premises, and year to date totals in each category and total gross sales. 7. DEFINITION OF GROSS RECEIPTS. For the purposes of this agreement, the term "gross receipts" shall mean the total sum of all sales made at or from the designated premises, whether for cash or on credit, less the amount of any sales tax or other direct consumer tax which may specifically be paid by the purchaser or customer at the time of purchase or payment, and including but not limited to orders taken at the premises but filled elsewhere and orders taken elsewhere but filled at the premises. 8. USE OF LEASED PREMISES. Concessionaire agrees that the leased premises shall be used by the Concessionaire exclusively for food and non-alcoholic beverage service and associated office use. Such use shall conform with applicable city ordinances and state and federal laws. No other usage of the area shall be allowed unless prior written consent is obtained from the Administrator & Community Services Director which shall be granted or not granted at the absolute discretion of the city. Concessionaire may not sublet any or all of the premises without prior written approval from the Administrator & Community Services Director. 9. DAYS AND TIME OF OPERATION. Concessionaire shall provide food and beverage services from the designated premises during the dates and times listed on Appendix B. 10. OTHER CONCESSIONAIRE RESPONSIBILITIES. In addition to providing the concession services described above, Concessionaire shall provide for the following: 10.1 To provide for all litter pick-up in the designated premises and to assist the league directors in litter pick-up throughout the soccer complex at the close of service each day. 10.2 To negotiate with the City's selected soft drink vendor for the beverages it shall offer for sale. For 2023 this is Coca-Cola and the contact is Matt Sanders 509-547-6712. 10.3 To present its employees as neat, clean and professional with clothing or identification which distinguishes them as employees of the Concessionaire. 10.4 To provide for City's review and secure the City's approval of the products and prices that it proposes to offer to patrons of the Premises. City's approval shall not be unreasonably withheld. 11. CONCESSIONAIRE PROVIDED EQUIPMENT. Cash registers shall be sealed and so designed as to show the customer the amount of the sale and to record accurately all the daily and monthly total gross receipts. Such cash registers shall be available to City at any reasonable time for inspection. 12. CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Concessionaire that it has the full right, power and authority to lease the Premises to Concessionaire. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Concessionaire by implication or otherwise except as expressly set forth in the provisions of this Agreement. The taking of possession of the leased property by the Concessionaire shall be conclusive evidence that the Premises were in good condition at the time possession was taken. CONCESSIONAIRE ACCEPTS THE PREMISES AS IS. 2 13. EARLY TERMINATION. Either party may terminate this agreement by giving written notice of its intent to terminate 30 days in advance. 14. QUIET ENJOYMENT. City agrees that so long as Concessionaire observes and performs all of the agreements and performs all of the agreements and covenants required of it hereunder, Concessionaire shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by City, its agents or employees. 15. TAXES. Concessionaire shall pay all taxes assessed against and levied upon Concessionaire's trade fixtures, and all other personal property of Concessionaire contained in or around the Premises. 16. INDEMNIFICATION / HOLD HARMLESS. Concessionaire shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Concessionaire's use of Premises, or from the conduct of Concessionaire's business, or from any activity, work or thing done, permitted, or suffered by Concessionaire in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 17. INSURANCE. The Concessionaire shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Concessionaire's operation and use of the leased Premises. 17.1 Minimum Scope of Insurance. Concessionaire shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Concessionaire's Commercial General Liability insurance policy using ISO Additional Insured Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. 17.2 Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. (b) Property insurance shall be written covering the full value of Concessionaire's property and improvements with no coinsurance provisions. 17.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: (a) The Concessionaire's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Concessionaire's insurance and shall not contribute with it. (b) The Concessionaire's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 17.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 17.5 Verification of Coverage. Concessionaire shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Concessionaire. 17.6 Waiver of Subrogation. Concessionaire and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17.7 City's Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. 18. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this tenancy. 19. SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Concessionaire shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 20. DEFAULT. Concessionaire shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of City by written notice to Concessionaire. Whether or not the Agreement is terminated by the election of Concessionaire or otherwise, City shall be entitled to recover damages from Concessionaire and City may retake possession of the Premises, and reserves any other remedy available to the City under the applicable law. 21. MISCELLANEOUS. 21.1 Environmental Compliance By Concessionaire. Concessionaire shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 21.2 Signs. Concessionaire shall not erect signage without City's prior written consent. 21.3 Non -waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party's right to require strict performance of the same provision or any other provision in the future. rd 21.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 21.5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. 21.6 Recording of Agreement. This Agreement shall not be recorded. 21.7 Concessionaire shall observe reasonable Rules and Regulations established and amended by City for the Premises from time to time upon 30 days advance, written notice from City to Concessionaire. Concessionaire shall have a reasonable opportunity to comment on proposed rules and regulations. 21.8 Assignment. Concessionaire shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 21.9 Alterations, Improvements And Additions. Concessionaire shall make no alterations, improvements or additions to the Premises without prior written approval of the City. Concessionaire shall not add furniture or other items to the Premises, except for furnishings, which are reasonably necessary for Concessionaire to conduct its permitted activities. 2 1. 10 Compliance with Laws, Ordinances and Regulations. Concessionaire shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Concessionaire's use thereof. 21.11 Responsible Party. Following is the name and phone number of the party which may be contacted in an emergency (24 hours per day; 7 days per week availability): Name: Deliciosa Tuba De Colima (Juan Moreno) Phone Number 509-302-8547 IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO // Z � Zach Ratkai ACS Department Director Date: 2- i 2023 CONCESSIONAIRE Juan Moreno Date: / 2023 Appendix A The following map indicates, in orange, the locations that the concessionaire will be allowed to set up his/her concession stand(s) on the dates and times specified in Appendix B. The south location will the main stand and the location on the north by the parking lot will be a smaller satellite concession stand. on Appendix B Fee amount payable to the City of Pasco, to provide concessions at the Road 36th Soccer Complex on Saturdays and Sundays from April 23 to October 30, shall be according to the schedule that follows and will grant the Concessionaire permission to sell concessions during scheduled use times on the indicated days. First Payment = $300.00 due on 4-21-2023 This allows sales from 4-22-2023 through 5-21-2023 on Saturday's and Sunday's only. Second Payment = $300.00 due on 5-26-2023 This allows sales from 5-27-2023 through 6-25-2023 on Saturday's and Sunday's only. Third Payment = $300.00 due on 6-30-2023 This allows sales from 7-1-2023 through 7-30-2023 on Saturday's and Sunday's only. Fourth Payment = $300.00 due on 8-4-2023 This allows sales from 8-5-2023 through 9-3-2023 on Saturday's and Sunday's only. Fifth Payment = $300.00 due on 9-8-2023 This allows sales from 9-9-2023 through 10-8-2023 on Saturday's and Sunday's only. Optional (If games extend beyond October 9 and Concessionaire exercises the right to sell): Sixth Payment = $120.00 due on 10-13-2023 This allows sales from 10-14-2023 to 10-29-2023 on Saturday's and Sunday's only. 7 Appendix C The following menu and prices have been agreed to by both parties for the 2023 season and anything not listed on this menu that is offered for sale will constitute a contract default as described in section 20 of the contract. Item Price Tuba - 12/16/20/24/32 oz. 5.00/6.00/9.00/10.00/12.00 Tuba — Gallon 30.00 Fanta, Coca Cola, S rite 1.50 PowerAde 3.50 Energy Drink 3.50 Red Bull Fruit Mix Drink (Strawberry or Mango) 6.00 Fresh Flavored Water Sm/Md/Lr 6.00/8.00/10.00 Sunny D 2.00 Bottled Water 1.50 Juice 1.50 Ice Cream Bars 2.00 Chicharones with Skins 10.00 Tostilocos 10.00 Bag of Chicharron 2.50 Takis 2.50 Japanese Peanuts 1.25 Galletas Arcoiris 1.50 Galletas Orin 2.00 Chiles 2.50 Cup of Mixed Fruit & Vegetables 7.00 Sabritas Chips 1.75 Corn On Stick 4.50 Corn In Cu 7.00 A Variety of Candies 1.00 - 1.50 Gum 2.50