2022-03-18AGREEMENT
This Agreement made this 18th day of March, 2022, by and between the City of
Blair, hereinafter referred to as "Blair" and American Legion Baseball Committee,
hereinafter referred to as "Operator", WITNESSETH:
WHEREAS, the parties hereto have entered into an agreement whereby Operator
has leased from Blair the rights to operate concession stand at Vets Field in the City of
Blair (except for Blair High School Baseball Games, unless agreed to by the Blair
Community Schools); and
WHEREAS, both parties hereto desire to establish the terms and conditions of such
agreement in writing.
NOW, THEREFORE, in consideration of One Dollar ($1.00) to be paid by Operator
to Blair according to the terms and conditions hereof, Blair hereby leases to Operator and
grants to Operator the right to operate concession stand at Vets Field in the City of Blair,
for and during the 2022, 2023, 2024 recreation seasons (except for Blair High School
Baseball Games, unless agreed to by the Blair Community Schools). The
consideration shall be due and payable on or before May 1, 2019.
Operator shall be responsible for and shall pay any and all wages, necessary
insurance, or benefits to any employees of the Operator hired to assist in the operation of
such concession stand. It is agreed that those persons shall in no way be considered as
employees of the City of Blair and shall have no rights, privileges, or benefits as such.
It is agreed that Blair shall furnish electricity and water to such concession stands
without further consideration or payment thereof by Operator.
Operator shall be responsible for and shall comply with all health and safety
regulations in connection with the operation of such concession stand. Operator shall
further be responsible for and shall monitor and regulate trash accumulation in the vicinity
of such concession stand as the result of the sales from the concession stand. All trash
from concession stand and stand operations shall be deposited directly in dumpsters
provided by City and not in area trash containers
At the close of the season, the Operator shall completely and thoroughly clean and
sanitize the facilities and equipment. All equipment shall be properly winterized and
disconnected. In the event the Operator does not properly clean, sanitize, winterize and
disconnect the equipment, Blair may have such work completed and the Operator shall be
liable for and pay all expenses connected therewith within thirty (30) days of notification.
In the event operator no longer desires to operate the concession stand, the
operator shall notify Blair not later than February 1St of each year so that Blair may seek
proposals to operate the concession stand for the coming year. Upon termination of this
agreement operator agrees to remove any and all equipment and supplies within 30 days
of the termination.
The City shall provide the operator with two sets of keys for the facility. Operator
shall be responsible for securing all locks on the concession facility at all times. Operator
agrees not to allow any keys to be reproduced. Should operator knowingly or unknowingly
allow keys to be reproduced, operator shall be responsible for having all locks rekeyed to
satisfaction of Blair.
Operator shall have use of the utility room, leaving access to the area around the
water heater and irrigation control boxes to allow access by Blair.
This Agreement shall be binding upon the operator and assigns of all parties
hereto.
BY
Richard Hansen, Mayor Attest: Brenda Wheeler, City Clerk