amercan legion post 62DEAN EVANS STADIUM
CONCESSIONS AGREEMENT
This Agreement is entered into this day of March, 1994 by and between the
CITY OF SALINA, KANSAS (the "City') and the AMERICAN LEGION, LESLIE KREPS
POST NO. 62 (the "Legion").
Recitals
A. The City owns and operates a baseball stadium known as Dean Evans Stadium
located in the East Crawford Recreation Area (the "Stadium") which includes a structure
designed for the sale of concessions to the general public attending events at the Stadium
(the "Concession Stand'7.
B. The City wishes to provide for the general public attending baseball games at the
Stadium, merchandise and services for the better accommodation, convenience and welfare
of the general public.
C. The Legion sponsors one of the summer baseball programs and has offered to
operate the concession operation for all games played at the Stadium.
D. The City believes that contracting with the Legion for the concession operation
at the Stadium is in the best interest of the City, the sponsors of baseball programs which
play at the Stadium, and the general public attending baseball 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 the Legion the right to occupy
the Concession Stand for the purpose of selling concessions from the Concession Stand and
within the confines of the Stadium and the Legion accepts from the City the right and agrees
that it shall sell concessions at all baseball games scheduled by the City for play at the
Stadium.
2. Compensation. The Legion shall pay to the City for the right to sell concessions
at the Stadium the sum of $3,000 per year, payable in equal installments of $1,500 each on
June 1 and August 1 of each year during which this Agreement remains in effect.
3. Food and Beverage. The Legion agrees to sell a complete line of food and
beverage items normally associated with a baseball stadium concession operation. The type
and price of any food, drink, or merchandise to be sold at the Stadium by the Legion shall
be conspicuously posted at the Concession Stand and shall be subject to prior approval by
the City. The Legion agrees that it shall abide by the City's contractual obligation that the
only soft drinks to be sold at the Stadium will be those provided by Pepsi Cola Bottling
Company.
4. Equipment, Supplies and Inventory. The Legion shall be responsible for the cost
and all aspects of properly equipping, supplying, and stocking the Concession Stand. The
Legion shall maintain its 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 the Legion for use in the concession operation shall remain the
property of the Legion. The Legion 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 the
Legion for use in the concession operation. The Legion may obtain insurance coverage for
loss or damage to its equipment and other personal property at its discretion and expense.
5. Storage of Inventory and Supplies. The Legion 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 the Legion in the course of conducting the concession
operation.
7. Lawful Operation. The Legion shall conduct the concession operation in
compliance with all state and local laws and permit or license requirements. The Legion
shall be solely responsible for obtaining any permits or licenses required to lawfully conduct
the concession operation.
& Sanitation. The Legion shall keep all fixtures, equipment and personal property,
whether owned by the City or the Legion, 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 the Legion.
The City shall dispose of trash collected by the Legion from the Concession Stand and
deposited in sealed containers in locations designated by the City.
9. T"nne of Operation. The Legion 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.
10. Staffing. The Legion 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. The Legion's employees or volunteers staffing the concession operation shall
not for any purposes be regarded as the agents or employees of the City.
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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. The Legion agrees that authorized persons
representing the sponsors of events at the Stadium shall have reasonable access to the ticket
booth at all times. The Legion 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 Stadium, the
Legion will not be separately charged for any utilities consumed in the concession operation.
With the approval of the City and at the Legion's expense, the Legion may obtain additional
or modified utility service. Any additions or modifications 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. The Legion agrees that upon the request of the City
it shall sell in the Concession Stand the City's inventory of baseball shirts or other clothing
items designated by the City. For selling the City's clothing items, the Legion shall be paid
a predetermined percentage of the sale price of each clothing item sold.
14. Sales Tax. The Legion shall be solely responsible for the collection and payment
of state and local sales taxes to be paid on merchandise sold in the concession operation.
15. Indemnification. The Legion 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 its concession operation under this Agreement.
16. Public Liability Insurance. The Legion 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). The Legion 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 cancelled.
17. Worker's Compensation Insurance. The Legion agrees to carry worker's
compensation coverage for its personnel working in the concession operation at the Stadium.
The Legion 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
cancelled.
1& 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
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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 the Legion, the Legion shall immediately discontinue
operations and shall be required to immediately remove all of its 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 two (2) years covering the 1994 and 1995 baseball seasons, and
shall self -renew annually unless either party gives written notice of termination no later than
January 1 to be effective the following February 1 of any year following the primary term.
Upon termination of this Agreement, the Legion agrees that it will remove all equipment,
supplies and inventory from the Concession Stand between the January 1 notice date and
the February 1 termination date.
20. Relationship of the Parties. The relationship between the parties shall be strictly
that of the City as owner of the Stadium and the Legion as a contractor for concession
services. Under no circumstances shall the Legion be regarded as an agent of the City,
specifically with regard to the incurring of any expense or obligation in conjunction with
performance of the Legions responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the public
interest served thereby is unique to the Legion; therefore, this Agreement is nonassignable
by the Legion.
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:
City: City of Salina
Office of the City Clerk
City -County Building
300 West Ash
Salina, KS 67401
Legion: American Legion
Leslie Kreps Post No. 62
142 South Seventh St.
Salina, KS 67401
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24. Binding 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.
ATTEST:
„i.•
'=
,E M 6 1 I
CITY OF SALINA, KANSAS
By:
Peter F. Brungardt, Mayo
AMERICAN LEGION
LESLIE KREPS POST NO. 62
By: C/�?%f/t c� C-
Clarence C. Walker, Baseball
Committeeman
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POLICY NUMBER
PRODUCER NUMBER
ACCOUNT NUMBER_
PAGE`
-- - ♦:4 tip• _ _ _ _._ _ .h, ....
9724. Ed: 3-84:: .,_; ...
35178 05 ?S .05.-10/94
POLICY NUMBER: EPA18221425 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -MANAGERS OR LESSORS OF
PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
1. Designation of Premises (Part Leased to You): Dean Evan Stadium Concession Stand
2. Name of Person or Organization (Additional Insured): City of Salina
3. Additional Premium: $50 annual
(If no entry appears above, the information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
WHO IS INSURED (Section ll) is amended to include as This insurance does not apply to:
an insured the person or organization shown in the 1. Any 'occurrence" which takes place after you
Schedule but only with respect to liability arising out cease to be a tenant in that premises.
of the ownership, maintenance or use of that part of 2 Structural alterations, new construction or dem-
the premises leased to you and shown in the Schedule
and subject to the following additional exclusions: olition operations performed by or on behalf of
the person or organization shown in the Sched-
ule.
CG 20 11 1185 Copyright, Insurance Services Office, Inc., 1984 ❑
POLICY NUMBER: EPA18221425
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRODUCTS/COMPLETED OPERATIONS HAZARD
REDEFINED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Description of Premises and Operations: Concession Stand
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
With respect to "bodily injury" or "property damage"
arising out of "your products" manufactured, sold,
handled or distributed:
1. On, from or in connection with the use of any
premises described in the Schedule, or
2. In connection with the conduct of any operation
described in the Schedule, when conducted by
you or on your behalf,
5-17-94
alk
CG 24 07 1185
Paragraph a. of the definition of "Products — com-
pleted operations hazard" in the DEFINITIONS Sec-
tion is replaced by the following:
a. "Products — completed operations hazard"
includes all "bodily injury" and "property
damage" that arises out of "your products" if
the "bodily injury" or "property damage"
occurs after you have relinquished posses-
sion of those products.
Copyright, Insurance Services Office, Inc., 1984
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