This agreement made this __________day of ______________, 2008 by and
between the City of
Fort Calhoun, hereinafter referred to as
Fort Calhoun, and __________________________________________
hereinafter referred to as “Operator.”
Witnesseth:
WHEREAS;
the parties hereto have entered into this agreement whereby the Operator
is
licensed by Fort Calhoun with the rights to operate the concessions at the baseball/softball complex in
the
City of Fort Calhoun and
WHEREAS; both
parties hereto desire to establish the terms and conditions of such
agreement in writing.
NOW THEREFORE;
In consideration of _______________ to be paid by the
Operator, to
Fort Calhoun according to the terms and conditions hereof, Fort Calhoun hereby leases to the Operator and
grants to the Operator the right to operate
said concessions, during the 2008 recreation season.
The
consideration shall be due and payable on or before the FIRST GAME of the season.
It
is agreed that accurate daily records, receipts and inventory will be maintained
and available for
review upon request of Fort Calhoun.
A $250.00 damage and clean-up deposit will be required and
will be payable prior to the season
and will be refundable at the end of the
season upon satisfactory inspection by Fort Calhoun.
The Operator shall be responsible for and shall pay all wages, necessary
insurance and benefits to
any employees of the Operator, hired to assist in the
operation of said concessions. It is
agreed that the
Operator, and those persons hired by the Operator, shall in no
way be considered as employees of the City
of Fort Calhoun and shall have no
rights, privileges or benefits as such.
It is agreed that Fort Calhoun shall furnish electricity, water, phone and trash pickup to said
concessions
without further consideration or payment thereof by the Operator.
The Operator shall be responsible for and shall pay all expenses and
debts occurred by the
Operator, other than those stated above.
NO ALCOHOLIC BEVERAGES MAY BE SOLD.
The Operator shall be responsible for and comply with all health and
safety regulations in
connection with the operation of said concessions.
The Operator shall further be responsible for and shall monitor and
regulate trash accumulation
near the concession stand because of the sales from
the concessions.
In the event payment of consideration is not paid on or before October of
said year, Fort Calhoun,
at it’s option, may terminate this agreement and assume operation of the
said concessions or Fort Calhoun
may enter into another contract for the operation of said concessions.
The election of any such option by
Fort Calhoun shall not release the Operator from payment of the considerations hereunder, as
of that date.
In addition to the above provisions, regarding termination, if
consideration is paid after the due
date, a penalty charge of 2% will
be added to the amount due.
The Operator
will furnish all equipment necessary to operate the concessions.
The Park Board has the right to refuse or roll the contract over
for an additional year.
This Agreement shall be binding upon the heirs, personal representatives,
successors and assigns
of all parties.
CITY OF FORT CALHOUN
OPERATOR (S)
By: __________________________
By: _________________________
By: _________________________
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