HomeMy WebLinkAboutRaul Castellanos (PeWees) - Rd 48 Soccer Concession AgreementCONCESSION AGREEMENT 2020
Road 48 Soccer Fields
Concession Area
1. PARTIES. This Lease Agreement (Agreement) is made and entered into as of the
29 day of January , 2020 , by and between the City of Pasco, a municipal
corporation (City) and Pewees (Raul Castellanos) (Concessionaire).
Official mail correspondence should be sent to the following addresses:
CITY OF PASCO
Attn: Brent Kubalek
PO Box 293
Pasco, WA 99301
509-543-5790
PeWees
Attn: Raul Castellanos
2020 E. Parkview Blvd.
Pasco, WA 99301
509-492-7896
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, 2020.
3. PREMISES. City hereby leases to Concessionaire and Concessionaire hereby leases and
takes from City that certain real property at the Road 48 Sports Fields 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. A monthly fee shall be payable to the City by the Concessionaire in the amount of
$65 per month. The fee shall be payable according to the schedule set forth in Appendix B. This fee
shall be payable to City at the address shown above, 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
dates and times as set forth in appendix B only, subject to payment of the concession compensation
and the provisions set forth herein, to sell prepackaged food and non-alcoholic beverages at 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 (if required)..
6. CONCESSION RIGHT COMPENSATION. Concessionaire shall pay City for the
exclusive food and beverage service concession at the Rd 48 Sports Fields during the dates and times
specified in Appendix B, with monthly 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. (*Sales Reconciliation Form attached as appendix D may be used)
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 PREMISES. Concessionaire agrees that the premises shall be used by the
Concessionaire exclusively for food and non-alcoholic beverage service and associated 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 Pasco City Manager or his/her
designee 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 Pasco City
Manager or his/her designee.
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 2020 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 shall be sealed and cash
handling procedures and reports are to record accurately all the daily and monthly total gross
receipts. Such reports 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.
13. EARLY TERMINATION. Either party may terminate this agreement by giving written
notice of its intent to terminate 30 days in advance.
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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
$1,000,000 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.
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(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.
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
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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.
21.10 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: Pewees (Raul Castellanos)
Phone Number 509-492-7896
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 PASSCCO
r
Zach Ratkai
ACS Department Director
Date:.
1 - ral 2020
CONCESSIONAIRE: PeWees
o�
Raul Castellanos
Owner
Date: - 2020
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Appendix A
The following map indicates, in orange, the location that the concessionaire will be allowed to set up
his/her concession stand(s) on the dates and times specified in Appendix B.
Appendix B
Rent amount payable to the City of Pasco, to provide concessions at the City of Pasco's Rd 48
Sports Fields_ facility on — Saturdays after 3pm and Sundays from April 25 — October
27 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 = $20.00 due on 4-22-2020
This allows sales from 4-25-2020 through 4-26-2020 on Saturday's and Sunday's only.
Second Payment = $65.00 due on 4-29-2020
This allows sales from 5-2-2020 through 5-31-2020 on Saturday's and Sunday's only.
Third Payment = $65.00 due on 6-3-2020
This allows sales from 6-6-2020 through 6-28-2020 on Saturday's and Sunday's only.
Fourth Payment = $65.00 due on 7-1-2020
This allows sales from 7-4-2020 through 7-26-2020 on Saturday's and Sunday's only.
Fifth Payment = $65.00 due on 7-29-2020
This allows sales from 8-1-2020 through 8-30-2020 on Saturday's and Sunday's only.
Sixth Payment = $65.00 due on 9-2-2020
This allows sales from 9-5-2020 through 9-27-2020 on Saturday's and Sunday's only.
(Optional) (If games extend into October and Concessionaire exercises the right to sell):
Seventh Payment = $35.00 due on 9-30-2020
This allows sales from 10-3-2020 through 10-31-2020 on Saturday's and Sunday's only.
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Appendix C
The following menu and prices have been agreed to by both parties for the 2020 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
Soda Pop 20oz
Sports Drinks
Water
Juice
Chips
Candy Bar
Fruit Cups
Small Candies
Energy Drinks
Appendix D
Sales Reconciliation Form
Vendor Name:
Representative Name:
TOTAL DRINK SALES:
$
TOTAL FOOD SALES:
$
TOTAL OTHER SALES:
$
TOTAL SALES:
$
LESS TAXES
-$
TOTAL GROSS SALES:
$
Check List
❑ Payment to City
❑ Completed Sales Reconciliation Form