Concessions Agreement
EAST CRAWFORD RECREATION AREA
CONCESSIONS AGREEMENT
This Agreement is entered into this ~ day of March 2009, by and between
the CITY OF SALINA, KANSAS (the "City") and Rav Rav's.LLC.
Recitals
A. The City owns and operates a baseball/softball complex known as East
Crawford Recreation Area (the "Complex) which includes a structure adjacent to
Diamonds #1 & #2 and a structure adjacent to Dean Evans Stadium (the "Stadium")
designed for the sale of concessions to the general public attending events at the
Complex (the "Concession Stand").
B. The City wishes to provide for the general public attending
baseball/softball games at the Complex, merchandise and services for the better
accommodation, convenience and welfare of the general public.
C. Ray Rav's LLC has offered to operate the concession operation for all
baseball/softball games played at the Complex.
D. The City believes that contracting with Rav Rav's LLC for the concession
operation at the Complex is in the best interest of the City, the sponsors of
baseball/softball programs which play at the Complex, and the general public attending
baseball/softball games at the Stadium.
IN CONSIDERATION of the mutual covenants and promises outlined herein, the parties
agree as follows:
1. Right to Occupy and Operate. The City grants to Rav Rav's LLC the
right to occupy the Concession Stand for the purpose of selling concessions from the
Concession Stand and within the confines of the Complex. Rav Rav's LLC accepts that
right from the City and agrees that they shall sell concessions at all baseball/softball
games scheduled by the City for play at the Complex.
2. Compensation. Rav Rav's LLC shall pay to the City for the right to sell
concessions at the Complex the sum of $2,500 per year, payable in equal installments
of $1,250 each on July 1 and August 1 of each year during which this Agreement
remains in effect.
3. Food and Beverage. Rav Hav's LLC agrees to sell a complete line of
food and beverage items normally associated with a baseball/softball complex
concession operation. The type and price of any food, drink, or merchandise to be sold
at the Complex by Rav. Rav's LLC shall be conspicuously posted at the Concession
Stand and shall be subject to prior approval by the City. Rav Rav's LLC agrees that
they shall abide by the City's contractual obligation that the only soft drinks to be sold at
the Complex will be those provided by Coca'-Cola Bottling Company of Mid America.
4. Equipment, Supplies, and Inventory. Rav Rav's LLC shall be
responsible for the cost and all aspects of properly equipping, supplying, and stocking
the Concession Stand. Rav Rav's. LLC shall rnaintain all equipment in good working
order and shall not damage City property in either the installation or removal of any
equipment. Any equipment, supplies, and inventory purchased by Rav Rav's LLC for
use in the concession operation shall remain the property of Rav Rav's LLC. Ray Rav's
LLC and not the City shall be responsible for any risk of property loss or damage to
equipment or other personal property owned or leased by Rav Rav's LLC for use in the
concession operation. Rav Rav's LLC may obtain insurance coverage for loss or
damage to their equipment and other personal property at their discretion and expense.
5. Storage of Inventory and Supplies. Rav Rav's LLC agrees that all
equipment, supplies (including ice), and inventory necessary for the concession
operation shall be properly stored inside the Concession Stand.
6. Loss of Inventory or Money. The City shall not be responsible for any
loss of inventory or money suffered by Rav Rav's LLC in the course of conducting the
concession business.
7. Lawful Operation. Rav Rav~s LLC shall conduct the concession
operation in compliance with all state and local laws and permit or license requirements.
Rav Rav's LLC shall be solely responsible for obtaining any permits or licenses required
to lawfully conduct the concession operation.
8. Sanitation. Rav Rav's LLC shall keep all fixtures, equipment, and
personal property, whether owned by the City or Rav Rav's. LLC, and the entire
Concession Stand in a clean, sanitary, and orderly condition at all times and conduct
the concession operation strictly in accordance with the requirements of the Salina-
Saline County Health Department. All janitorial services necessary in the Concession
Stand shall be the responsibility of Rav Rav's LLC. The City shall dispose of trash
collected by Rav Rav's LLC from the Concession Stand and deposited in sealed
containers in locations designated by the City.
9. Time of Operation and Related Duties. Rav Rav's LLC shall operate
the Concession Stand from one hour prior to the scheduled start time of a
game until one-half hour after the game ends.
During the pre-game time of operation, Rav Rav's LLC shall:
a. unlock the access gates;
b. unlock the field gates;
c. unlock the press box; and
d. turn on lights (if necessary).
Following the post-game time of operation, Ray Ray's LLC shall:
a. secure the press box;
b. secure the field gates;
c. turn off lights; and
d. secure access gates.
10. Staffing. Ray Ray's LLC shall staff the Concession Stand with trained
personnel in sufficient number to adequately handle the concession needs of those in
attendance at any given game. Ray Ray's LLC employees or volunteers staffing the
operation shall not for any purposes be regarded as the agents or employees of the
City.
11. Access. The parties acknowledge that access to the ticket booth and
certain equipment that is a part of the mechanical system for the entire Stadium can
only be obtained through the Concession Stand. Ray Ray's LLC agrees that authorized
persons representing the sponsors of events at the Stadium shall have reasonable
access to the ticket booth at all times. Ray Ray's LLC also agrees that the City's
employees or authorized representatives shall have reasonable access to the Stadium
mechanical systems at all times.
12. Utilities. Due to the integrated nature of the utility service at the Complex,
Ray Ray's LLC will not be separately charged for any utilities consumed in the
concession operation. With the approval of the City and at Ray Ray's LLC expense,
Ray Ray's LLC may obtain additional or modified utility service. Any additions or
modification to the utility service shall be regarded as a permanent installation and shall
remain in place upon the termination of this Agreement.
13. Sale of City Clothing Items. Ray Ray's LLC agrees that upon the
request of the City it shall sell in the Concession Stand the City's inventory of
baseball/softball shirts or other clothing items designated by the City. For selling the
City's clothing items, Ray. Ray's LLC shall be paid a predetermined percentage of the
sale price of each clothing item sold.
14. Sales Tax. Ray Ray's LLC shall be solely responsible for the collection
arid payment of state and local sales taxes to be paid on merchandise sold in the
concession operation.
15. Indemnification. Ray Ray's LLC agrees to indemnify and hold the City
harmless for any claim, damages, loss, judgment, penalty, expense, or cost (including
attorney's fees and any other cost of defense) arising out of their concession operation
under this Agreement.
16. Public Liability Insurance. Ray Ray's LLC agrees to carry public liability
insurance coverage in an amount no less than the maximum exposure to the City under
the Kansas Tort Claims Act, as it is now in effect or as it may be amended during the
term of this Agreement (currently $500,000). Ray Ray's LLC shall provide the City with
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written proof of current coverage from the insurance company. The policy shall contain
a provision requiring that the City be given at least (10) days written notice by the
insurance company before the policy is substantially changed or canceled.
17. Worker's Compensation Insurance. Ray Rav's LLC agrees to carry
worker's compensation coverage for their personnel working in the concession
operation at the Complex. Ray Ray's LLC shall provide the City with written proof of
current coverage from the insurance company. The policy shall contain a provision
requiring that the City be given at least (10) days written notice by the insurance
company before the policy is substantially changed or canceled.
18. Default. In the event either party fails to perform any of the promises and
covenants under this Agreement, the non-defaulting party shall give written notice of the
default to the other party specifying the nature of the default. If such default remains
uncured for ten (10) days after delivery of the notice specifying the nature of the default,
this Agreement shall terminate at the sole option of the non-defaulting party. In the
event of termination based upon default of Ray Ray's. LLC, Ray Ray's LLC shall
immediately discontinue operations and shall be required to immediately remove all of
their equipment, inventory, and supplies from the Concession Stand.
19. Term. Subject to the default provisions above, this Agreement shall be for
a primary term of essentially one (1) year covering the 2009 baseball/softball season,
and shall self-renew annually unless either party gives written notice of termination no
later than November 1 to be effective the following February 1 of any year following the
primary term. Upon termination of this Agreement, Ray Ray's LLC agrees that they Will
remove all equipment, supplies, and inventory from the Concession Stand between the
November 1 notice date and the February 1 termination date.
20. Relationship of the Parties. The relationship between the parties shall
be strictly that the City as owner of the Complex and Ray Ray's LLC as a contractor for
concession services. Under no circumstances shall Ray Ray's LLC be regarded as an
agent of the City, specifically with regard to the incurring of any expense or obligation in
conjunction with performance of Ray Ray's LLC responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the
public interest served thereby is unique to Ray Ray's LLC; therefore, this Agreement is
non-assignable by Ray Ray's LLC.
22. Contract Administration. The City Manager or his designee shall be
responsible for all aspects of the administration and interpretation of this Agreement on
behalf of the City.
23. Written Notices. All written notices, as provided herein, shall be
delivered by certified mail, return receipt requested, mailed as follows:
1-
City:
City of Salina
Office of the City Clerk
City-County Building
300 WAsh
Salina, KS 67401
Ray Ray's LLC:
Raymond Gawith
915 McAdams Rd.
Salina, KS 67401
24. Bindina Effect. This agreement shall be binding upon the parties and their
members and successors.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
CITY OF SALINA, KANSAS
ATTEST:
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tietl Ann [Isey, City Clerk
5rcrdi Wlasl Depu.~ G..JyCIcnc..
Ray Ray's LLC
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By: .. ~
. Ray Ray's LLC
Raymond Gawith
915 McAdams Rd.
Salina, KS 67401
I HEREBY AUTHORIZE MY ATTORNEY TO INDEMNIFY AND HOLD HARMLESS ANY THIRD
PARTY WHO ACCEPTS AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF
ATTORNEY.
This Power of Attorney shall become effective when I sign and execute it below. Further, unless sooner revoked or
terminated by me, this Power of Attorney shall become NULL and VOID on Z .
I intend for this to be a DURABLE Power of Attorney. This Power of Attorney will continue to be effective if I
become disabled, incapacitated, or incompetent. All acts done by my Attorney hereunder shall have the same effect
and inure to the benefit of and bind myself and m heirs as if i were co,—. pcter.' A not disabled, incapacitated, or
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incompetent.
I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician, based on that
physician's examination, certifies in writing at a date subsequent to the date which this power of attorney is
executed, that I am disabled from or incapable of exercising control over my person, property, personal affairs, or.
financial affairs. 1 authorize the physician who so certifies, to disclose my physical or mental condition to another
person for purposes of this power of attorney. A third party who accepts this power of attorney, endorsed by proper
physician certification of my disability or incapacity, is held harmless and fully protected from any action taken
under this power of attorney.
Notwithstanding my inclusion of a specific expiration date herein, if on that specified expiration date I should be or
have been properly certified, in writing, by a physician to be disabled from or incapable of exercising control over .
my person, property, personal affairs, or financial affairs, then this Power of Attorney shall remain valid and in full
effect until sixty (60) days after I have recovered from such disability UNLESS OTHERWISE REVOKED OR`'
TERMINATED BY ME:
I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR CAUSE TO BE DONE
BY THIS DOCUMENT.
All business transacted hereunder for me or for my account shall be transacted in my name, and all endorsements
and instruments executed by my attorney for the purpose of carrying out the foregoing powers shall contain my
name, followed by that of my attorney and the designation "attomey -in -fact
IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and for my Power of Attorney
in the presence of the Notary Public witnessing it at my request this date, 0 2 4:1-# 22 / J
GR7I OK
STATE OF
COUNTY OF
Sub cribed sworn to and acknowledged before me by R E yM 611/1 6-11. w 1y4 on,
(SIGN)l
(PRINT) TARI'PUBLIC - State of Kansas
NOTARY PUBLIC. I ALMALWHITeaw
My Commission Expires: My Appt Exp Maw , 4
General Durable Power of Attorney
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