HomeMy WebLinkAboutAddenda - RFP - P965 ROLLAND MOORE TENNIS PROSHOP CONCESSIONAdministrauve Services
Purchasing Division
September 12, 2002
Mr. Larry J. Lewis, President
Lewis Tennis Inc.
764 Vanderbilt Beach Rd.
Naples, FL 34108
Re: Renewal, RFP P-695
Dear Mr. Lewis:
The City of Fort Collins wishes to renew the option to extend the agreement term for the above
captioned request for proposal. The City of Fort Collins wishes to extend the agreement term per
the existing terms and conditions with the addition of the following addendum:
ADDENDUM to Exhibit A, Section 3.0: Scope of Work
3.2 Concessionaire will be responsible for:
h. Issuing permits for the scheduled courts
The term will be extended for one (1) additional year, September 6, 2002 through September 5,
2003.
If the renewal is acceptable to your firm, please sign this letter in the space provided and return it to
the City of Fort Collins, Purchasing Division, P. O. Box 580, Fort Collins, CO 85022, within the next
fifteen days. Additionally, an updated certificate of liability insurance making the City of Fort Collins
the certificate holder is required.
If this extension is not agreeable with yourfirm, we ask that you send us a written notice stating that
you do not wish to renew the contract and state the reason for non -renewal.
If you have any questions regarding this matter, please contact Keith I. Ashby, CPPO, Buyer, at
(970)416-2191.
PmB.
O'Neill II, CPPO, FNIGP
f Purchasing and Risk Management
cc
Si4pe6re Date
(Please indicate your desire to renew # P-695 by signing this letter and returning it to Purchasing
Division within the next fifteen days.)
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • NAX (970) 221-b7U7
ARTICLE 5 - Term
5.1 Period.
The term of this Agreement shall commence on March 22, 1999 and, unless terminated sooner,
expire on December 31, 1999. In addition, at the option of the City, the Agreement may be
extended for additional one-year periods, not to exceed four (4) such renewal periods. Changes
in the Concession Agreement shall be negotiated by and agreed to by both parties.
5.2 Holding Over
In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the
term set forth herein, although no right to remain is given by this Article, it is the intention of the
parties and it is hereby agreed that a right of use from month -to -month shall then arise subject
to all provisions and conditions of this Agreement in connection with such right, except that the
City shall have the sole right to determine reasonable fees for any holdover period.
ARTICLE 6 - Fee For Conducting Business
6.1 Concession Fee
For the privilege of conducting the c
pay to the City an amount equal b
proceeds, private and semi -private
except USA Youth and Adult group
percent (30%) of such lesson fees .
mcession operations hereunder, the Concessionaire shall
five percent (5%) of gross pro -shop sales and service
lesson fees, and fees charged for any other programs
lessons. The City shall retain an amount equal to thirty
6.2 Time of Payment
The Concessionaire shall pay the Concession Fee to the City, on a monthly basis, in no event,
later than the twentieth day of the month for concession fees due from the previous month. The
City shall pay to the Concessionaire, not later than the twentieth day of the month, seventy
percent (70%) of USA Youth and Adult group lesson fees collected by the City in the previous
month and five percent (5%) of fees collected for tournaments specified in Scope of Work, 3.2,
(a).
6.3 Interest on Past Due Amounts
Concessionaire shall pay interest on ail past due amounts at the rate of eighteen percent (18%)
per annum from the due date, until paid.
6.4 Method of Payment
Payment for all fees under Article 6 shall be by check or money order payable to the order of
"City of Fort Collins" and shall be mailed or personally delivered to the Recreation Administrator
of Sports, 413 S. Bryan, Fort Collins, CO, 80521.
ARTICLE 7 - Services to be Provided by the City
7.1 See Exhibit A, Scope of Work
ARTICLE 8 - Acceptance and Trade Fixtures
8.1 Acceptance
Concessionaire accepts the Concession Space "as is."
8.2 Installation of Equipment and Trade Fixtures
No equipment or trade fixtures and other personal property used by Concessionaire in its
business, whether or not attached to the concession space at Rolland Moore Park or any
Improvements thereon, shall be installed without the prior written approval of the City.
8.3 Removal of Equipment, Trade Fixtures
Concessionaire shall have the right at any time during the term of this Agreement or upon
termination and within thirty (30) days thereafter, to remove all trade fixtures and equipment
subject to any valid lien the City may have thereon for unpaid rents. Any property not so
removed by Concessionaire upon termination shall become a part of the realty on which it is
located and title thereto shall vest in the City.
8.4 Applicable Law
All trade fixtures or equipment installed by Concessionaire pursuant to this Section shall be
subject to and conform in all respects to the applicable statutes, ordinances, building codes,
rules and regulations of all governmental agencies which have jurisdiction over such matters.
ARTICLE 9 - Damage to Parks by Concessionaire
Concessionaire shall be liable for and shall repair or cause to be repaired within fifteen (15)
days after occurrence any damage to Rolland Moore Park, including the Concession Space,
caused by Concessionaire, its board members, officers, agents, employees or anyone acting
under its direction and control, ordinary wear and tear excepted. If the damage for which
Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable
for all rent owed for the Concession Space, even if it has been rendered untenantable.
ARTICLE 10 -Total or Partial Destruction
10.1 Concession Space Rendered Untenantable, Except as Provided in Article 9 Above
In case, during the term of this Agreement, the Concession Space or any part thereof shall be
destroyed or shall be so damaged by fire or other casualty so as to be rendered untenantable or
unusable, then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date of such
damage or destruction; and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the City; provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after such damage or destruction. In the event neither the City nor
Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full
force and effect; and the City shall repair the Concession Space, equipment, signs and trade
fixtures or other personal property installed by Concessionaire, with all reasonable speed,
placing the same in as good a condition as it was at the time of the damage or destruction and
for that purpose may use the proceeds of any insurance payable on account of such damages.
In any event, Concessionaire shall remove all rubbish, debris, merchandise, furniture,
furnishings, equipment and other items of its personal property within five (5) days after request
being made by the City.
10.2 Concession Space Tenantable
If the Concession Space shall be only injured by fire or the elements to such extent so as not to
render the same untenantable and unfit for use and occupancy, the City shall repair the same
with all reasonable speed.
10.3 Exception for Damage Caused by Concessionaire
In the event of damage caused by Concessionaire as addressed in Article 9 of this Agreement,
the provisions of Article 9 shall govern in any conflict between Article 9 and Article 10.
10.4 No Claim by Concessionaire
No compensation or claim shall be made by or allowed to Concessionaire by reason of any
inconvenience or annoyance arising from the necessity of repairing any portion of concession
space at Rolland Moore Park, however the necessity may occur.
ARTICLE 11 - Indemnification and Insurance
11.1 City's Liability
The City shall not in any way be liable for any cost, liability, damage or injury, including cost of
suit and reasonable expenses of legal services, claimed or recovered by any person
whomsoever or whatsoever as a result of any operations, works, acts or omissions performed
by Concessionaire, its agents, employees or Concessionaires.
11.2 Indemnification
Concessionaire covenants that it will indemnify and hold the City harmless from all claims,
demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered
(whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to
or death of any individual person or persons, or by reason of damage to, destruction or loss of
use of any property, including City's personnel and City's property, directly or indirectly arising
out of, resulting from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein the term "Concessionaire" and "City" includes the respective
directors, officers, agents, employees and Concessionaires of Concessionaire and City.
11.3 Patent Representation
Concessionaire represents that it is the owner of or is fully authorized to use any and all
services, processes, machines, articles, makes, names or slogans used by it in its operation or
in anyway connected with this Agreement.
11.4 Concessionaire Insurance
Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall
provide and maintain general liability insurance coverage naming the City as an additional
insured with limits of not less than $1,000,000.
11.5 Precautions Against Injury
The Concessionaire shall take all necessary precautions in performing the operations hereunder
to prevent injury to persons and property.
5
11.6 Failure to Insure
Failure of Concessionaire to take out and/or maintain, or the taking out and/or maintenance of
any required insurance shall not relieve Concessionaire from any liability under this Agreement,
nor shall the insurance requirements be construed to conflict with the obligations on
Concessionaire concerning indemnification.
ARTICLE 12 - No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a license to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire any
interest in real property.
ARTICLE 13 - Assignment
The Concessionaire shall not assign this Agreement without prior written consent of the City nor
permit any transfer by operation of law of Concessionaire's interest created hereby, other than
by merger or consolidation.
ARTICLE 14 - Right of City to Enter, Inspect and Make Repairs
14.1 In General
City and their authorized employees, agents, Concessionaires and other representatives shall
have the right (at such times as may be reasonable under the circumstances and with as little
interruption to Concessionaire's operation as is reasonably practicable) to enter upon the part of
the Concession Space for the following purposes:
14.1.1 To inspect such premises at reasonable intervals during regular business hours (or at
any time in case of emergency) to determine whether Concessionaire has complied with and is
complying with the terms and conditions of this Agreement with respect to such premises;
14.1.2 To perform or cause to be performed maintenance and make repairs and
replacements:
14.1.3 To make structural additions and alterations.
14.1.4 For any other lawful purpose.
14.2 Obstruction by City
All entries made for the purposes enumerated above shall, except as otherwise provided in
Article 10, Total or Partial Destruction, be without abatement of rent or damage for
inconvenience. However, in the event any entry by City in the part of the Concession Space
housing the vending machines for the purpose of making repairs or alterations as provided for in
Section 14.1.2 above (other than repairs necessitated as a result of damage by Concessionaire
under Article 9), constitutes a substantial obstruction to and impairment of Concessionaire's
right of use of such Concession Space, then Concessionaire shall be entitled to a fair and just
abatement of the rent for such premises during the period required by City to make such
repairs.
14.3 Obstruction by Concessionaire
In the event that any personal property of Concessionaire shall obstruct the access of the City,
their officers, employees, agent or Concessionaires, or a utility company furnishing utility service
to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere
with the inspection, maintenance or repair of any such system, Concessionaire shall move such
property, as directed by the City or said utility company, in order that access may be had to the
system or part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so
move such property after direction from the City or said utility company to do so, the City or the
utility company may move it without liability for damage sustained in moving.
14.4 No Eviction or Abatement
Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of
the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the
grounds for any abatement of rental nor any claim or demand for damages against the City,
consequential or otherwise, except claims for damages to person or property caused solely by
the negligence of the City.
ARTICLE 15 - Default, Rights of Termination
15.1 Default by Concessionaire
Time of payment and performance is of the essence of this Agreement. Concessionaire shall
be in default under this Agreement upon the occurrence of any one or more of the following
events:
15.1.1 Concessionaire's failure to pay any fee or other charge when due and within ten (10)
working days after notice from City of such nonpayment.
15.1.2 Concessionaire's failure to maintain the insurance required above.
15.1.3 Concessionaire's assignment of any right hereunder in violation of Article 13.
15.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or
conditions within seven (7) days (or such longer time as may be necessary to cure provided that
cure is commenced within the initial seven [7] days) after notice from the City specifying the
nature of the deficiency with reasonable particularity and the corrective action that is to be taken
within such period to cure the deficiency.
15.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing.
15.1.6 The taking of possession of the Concession Space, or any portion thereof, or all or
substantially all of the assets of Concessionaire by virtue of any attachment, execution or levy of
any judicial process in any action instituted against Concessionaire in any court of competent
jurisdiction and the failure of Concessionaire to secure the release of such attachment,
execution or levy within sixty (60) days from the date of the taking of such possession.
15.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
7
15.2 City's Remedies on Default
15.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement by
notice in writing to Concessionaire. In the alternative, the City may elect to keep the Agreement
in force and work with Concessionaire to cure the default. If this Agreement is terminated,
Concessionaire's liability to City for damages and rent shall survive the termination, and the City
may re-enter, take possession of the Concession Space and remove any persons or property by
legal action or by self-help with the use of reasonable force and without liability for damages.
15.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable alterations or
refurbish the Concession Space, but City shall not be required to make such arrangement for
any use or purpose.
15.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 16 - Miscellaneous Provisions
16.1 Cumulative Rights
All remedies provided in this Agreement shall be deemed cumulative and additional and not in
lieu of, or exclusive of, each other or of any other remedy available to the City, or
Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of
other remedies or indemnities shall not prevent the exercise of any other remedy.
16.2 Non -Waiver
The failure by either party to exercise any right or rights accruing to it by virtue of the breach of
any covenant, condition or agreement herein by the other party shall not operate as a waiver of
the exercise of such right or rights in the event of any subsequent breach by such other party,
nor shall such other party be relieved thereby from its obligations under the terms hereof.
16.3 Non -liability of Individuals
No director, officer, agent or employee of either party hereto shall be charged personally or held
contractually liable by or to the other party under any term or provision of this Agreement or of
any supplement, modification or amendment to this Agreement because of any breach thereof,
or because of its or their execution or attempted execution of the same.
16.4 Limitations on Park Use
Concessionaire shall not use, or permit the use of Rolland Moore Park, or any part thereof, for
any purpose or use other than those authorized by this Agreement.
16.5 Governing Law
This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall
be construed in accordance with the laws of the State of Colorado.
E
16.6 Benefits
This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their
successors and assigns, and is not made for the benefit of any third party.
16.7 Construction
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
16.8 Successors and Assigns
All covenants, stipulations and agreements in this Agreement shall extend to and bind each
party hereto, its legal representatives, successors and assigns.
16.9 Headings
The paragraph headings and titles of the several articles of this Agreement are inserted herein
for convenience and reference only, and are not intended and shall not be construed to affect in
any manner the terms and provisions hereof, or the interpretation or construction thereof.
16.10 Attorney Fees
In the event any legal action or proceeding is brought to collect sums due or to become due
hereunder or any portion thereof or to enforce compliance with this Agreement for failure to
observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing
party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed in
such action or proceeding and in any appeal therefrom.
16.11 Entire Agreement
This Agreement which is the entire agreement between the parties hereto, supersedes all prior
agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken, or implied from the conduct of the parties hereto.
16.12 Severability
In the event any covenant, condition or provision of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall not in any way affect any of the other covenants, conditions or provisions of this
Agreement, provided that the invalidity of any such covenant, condition or provision does not
materially prejudice either City or Concessionaire in their or its respective rights and obligations
under the valid covenants, conditions or provisions of this Agreement.
16.13 Surrender of Possession
Upon the expiration of this Agreement or its earlier termination as herein provided,
Concessionaire shall remove all of its property and surrender entire possession of its rights to
the City and its improvements in accordance with Section 9 above, unless this Agreement is
renewed or replaced.
16.14 City Representative
The City designates Terry Keith, Program Administrator, as its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to this
Agreement. All requests for contract interpretations, amendments and other clarifications or
instructions shall be directed to the City Representative.
16.15 Notices
Notices permitted or required to be given under this Agreement shall be in writing and shall be
deemed given upon personal delivery or upon deposit in the United States Mail, certified, return
receipt requested, postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with this Section:
Concessionaire:
Lewis Tennis, Inc.
764 Vanderbilt Beach Rd.
Naples, Florida 34108
941-598-3025
City:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
16.16 Schedules and Exhibits
Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise
specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to
and by the reference incorporated in this Agreement.
16.17 Force Majeure
Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if
prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of
superior governmental authority, weather conditions, rights, rebellion, sabotage or any other
circumstances for which it is not responsible or that are not within its control.
16.18 No Limitation on General Powers
Nothing in this Agreement shall be construed as in any way limiting the general powers of the
City to fully exercise their governmental functions or their obligations under any bond covenants
or federal, state or local laws, rules or regulations.
16.19 No Relationship
Nothing contained herein shall be deemed or construed by the parties hereto nor by any third
party as creating the relationship of principal and agent or a partnership or a joint venture
between the parties hereto.
16.20 Survival
To the extent necessary to carry out all of the terms and provisions hereof, the said terms,
obligations and rights set forth herein required shall survive and shall not be affected by the
expiration or termination of this Agreement.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
LEWIS TENNIS, INC.
B
Corporate President
Date:
THE CITY OF FORT COLLINS, COLORADO
O'Neill II, CPPO
Director of Purchasing & Risk Management
Date:
11
(Corporate Seal)
Exhibit A
Section 3.0: Scope of Work
3.1 At a minimum, the selected concessionaire must provide:
a. Racquet stringing services.
b. Ball machine rentals (concessionaire must supply tennis balls for the machine).
C. Tennis lessons at any City -owned tennis courts.
d. Instructors, payment to instructors, and equipment for private and semi -private
lessons, Youth and Adult group lessons, and for other concessionaire programs.
e. Sale of tennis related items.
f. Distribution of Recreation Division literature to the public.
g. Information about City registration procedures.
h. Referral of citizens to the appropriate Recreation office.
i/ A price list for all products and services, updated monthly.
j A schedule of court use and other Concessionaire activities.
3.2 The Concessionaire will be responsible for:
a. Scheduling and collection of fees for all City -owned courts, except for events
already scheduled prior to March 22, 1999.
b. Advising City staff of schedule additions and changes on a daily basis.
C. Care, cleaning, and minor maintenance of the Pro Shop building.
d. Care and cleaning of the storage shed northwest of the Pro Shop.
e. General cleaning of the area around the Pro Shop.
f. Payment of telephone and data line expenses related to the Pro Shop operation.
g. Care of any City property used in the Pro Shop concession.
3.3 The City will be responsible for:
a. Maintenance of the courts, buildings, and surrounding areas.
b. Marketing, registration, and collection of fees for Youth and Adult group lessons.
C. Landscaping: care and maintenance. Trash removal from City trash containers.
d. Establishing court rental fees.
e. Entering court schedules into the City's Event Management System (EMS).
f. Payment of Utilities (gas, water, electricity) related to the Pro Shop operation.
3.4 The concessionaire shall have exclusive rights to:
a. Pro Shop sales for goods and services.
b. Providing private, semi -private lessons, group lessons, camps, and other
programs at the Rolland Moore Racquet Center and other City -owned courts.
C. Priority use of Rolland Moore Tennis Complex courts after City programs.
3.5 The Concessionaire shall have the use of the following City -owned equipment.
Maintenance of such equipment shall be the responsibility of the Concessionaire.
a. Alpha Ultra Edge III automatic stringing machine.
b. Sentry Valuguard 1310 safe.
C. Four interior steel company lockers.
d. Playmate ACE BP ball machine with remote control.
e. TECMA 1100 electronic cash register.
f. Misc. office furniture: desk, table, round table, cabinet, and display rack.
g. Merchandise displays, including one clothes rack and wall mounts.
12
Exhibit A
Section 3.0: Scope of Work
3.1 At a minimum, the selected concessionaire must provide:
a. Racquet stringing services.
b. Ball machine rentals (concessionaire must supply tennis balls for the machine).
C. Tennis lessons at any City -owned tennis courts.
d. Instructors, payment to instructors, and equipment for private and semi -private
lessons, Youth and Adult group lessons, and for other concessionaire programs.
e. Sale of tennis related items.
f. Distribution of Recreation Division literature to the public.
g. Information about City registration procedures.
h. Referral of citizens to the appropriate Recreation office.
i. A price list for all products and services, updated monthly.
i. A schedule of court use and other Concessionaire activities.
3.2 The Concessionaire will be responsible for:
a. Scheduling and collection of fees for all City -owned courts, except for events
already scheduled prior to March 22, 1999.
b. Advising City staff of schedule additions and changes on a daily basis.
C. Care, cleaning, and minor maintenance of the Pro Shop building.
d. Care and cleaning of the storage shed northwest of the Pro Shop.
e. General cleaning of the area around the Pro Shop.
f. Payment of telephone and data line expenses related to the Pro Shop operation.
g. Care of any City property used in the Pro Shop concession.
h. Issuing permits for the scheduled courts
3.3 The City will be responsible for:
a. Maintenance of the courts, buildings, and surrounding areas.
b. Marketing, registration, and collection of fees for Youth and Adult group lessons.
C. Landscaping: care and maintenance. Trash removal from City trash containers.
d. Establishing court rental fees.
e. Entering court schedules into the City's Event Management System (EMS).
f. Payment of Utilities (gas, water, electricity) related to the Pro Shop operation.
3.4 The concessionaire shall have exclusive rights to:
a. Pro Shop sales for goods and services.
b. Providing private, semi -private lessons, group lessons, camps, and other
programs at the Rolland Moore Racquet Center and other City -owned courts.
C. Priority use of Rolland Moore Tennis Complex courts after City programs.
3.5 The Concessionaire shall have the use of the following City -owned equipment.
Maintenance of such equipment shall be the responsibility of the Concessionaire.
a. Alpha Ultra Edge III automatic stringing machine.
b. Sentry Valuguard 1310 safe.
C. Four interior steel company lockers.
d. Playmate ACE BP ball machine with remote control.
e. TECMA 1100 electronic cash register.
f. Misc. office furniture: desk, table, round table, cabinet, and display rack.
g. Merchandise displays, including one clothes rack and wall mounts.
12
ADDENDUM TO ROLLAND MOORE PARK
RACQUET CENTER
CONCESSION AGREEMENT
THIS ADDENDUM is made and entered into this 31 at day of August, 2000, by and between Lewis
Tennis, Inc. (the "Concessionaire") and the City of Fort Collins, Colorado (the "City").
WHEREAS, the Concessionaire and the City entered into that certain ROLLAND MOORE PARK
RACQUET CENTER CONCESSION AGREEMENT dated March 15, 2000 (the "Agreement'), pursuant
to which Concessionaire agreed to provide, and the City agreed to purchase, certain Pro Shop concessions
and tennis -related services, including tennis lessons, at the Rolland Moore Park Racquet Center; and
WHEREAS, the parties have agreed that it is to their mutual benefit to modify the terms of the
Agreement as described herein, so as to clarify their respective rights and responsibilities under the
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations expressed herein,
and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. Effective as of the date hereof, the Concessionaire agrees that Concessionaire shall be
responsible for, and shall manage and conduct all activities and services hereunder in a fair,
nondiscriminatory, professional, and competent manner, consistent with the requirements of the Americans
with Disabilities Act, and Colorado and Fort Collins human rights laws, and otherwise in compliance with
all applicable laws and to the reasonable satisfaction of the City.
2. Section 3.0 of Exhibit A to the Agreement, entitled Scope of Services, is hereby amended
as follows:
A. Subsection 3.2 is hereby amended to delete the words: "Poudre School District &'.
B. Subsection 3.31. is hereby deleted.
3. All terms and conditions of the Agreement, as modified by this Addendum, shall.remain
in full force and effect.
-lof2-
IN WITNESS WHEREOF, the parties have executed this ADDENDUM TO ROLLAND
MOORE PARK RACQUET CENTER CONCESSION AGREEMENT the day and year first above
written.
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
Corporate Secretary
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By; / '-" WG
J ies B. ONeill II, CPPO
rector of Purchasing and Risk Management
Date: 2aDt�
LEWIS TENNIS, INC
By:
�a
Lary Lq s
Corporate President
Date: %1loa
(Corporate Seal)
-2of2-
ROLLAND MOORE PARK
RACQUET CENTER
CONCESSION AGREEMENT
TABLE OF CONTENTS
ARTICLE................................................................................... PAGE
1. Concession Space...........................................................................1
1.1 Definition of Concession Space...........................................1
2. Concessionaire's Use of the Concession Space ...........................1
2.1 In General............................................................................1
3. Rights of Ingress and Egress..........................................................1
3.1 In General............................................................................1
3.2 Closures..............................................................................1
4. Undertakings of the Concessionaire ..............................................
2
4.1 Pro Shop Services...............................................................2
4.2 Hours of Operation..............................................................
2
4.3 Concessionaire Personnel...................................................2
4.4 Physical Interference...........................................................2
4.5 Taxes...................................................................................2
5. Term............................................................................................
3
5.1 Period..................................................................................3
5.2 Holding Over........................................................................
3
6. Fee for Conducting Business..........................................................
3
6.1 Concession Fee...................................................................
3
6.2 Time of Payment.................................................................
3
6.3 Interest on Past Due Amounts .............................................
3
6.4 Method of Payment..............................................................
3
W
TABLE OF CONTENTS
ARTICLE................................................................................... PAGE
7.
Services to be Provided by the City ................................................
3
7.1 The City Will be Responsible...............................................3
8.
Acceptance and Trade Fixtures......................................................
4
8.1 Acceptance..........................................................................4
8.2 Installation of Equipment and Trade Fixtures .......................
4
8.3 Removal of Equipment, Trade Fixtures................................4
8.4 Applicable Law....................................................................
4
9.
Damage to Parks by Concessionaire..............................................4
10.
Total or Partial Destruction.............................................................
4
10.1 Concession Space Rendered Untenantable ........................
4
10.2 Concession Space Tenantable............................................5
10.3 Exception for Damage Caused by Concessionaire ..............
5
10.4 No Claim by Concessionaire................................................
5
11.
Indemnification and Insurance........................................................
5
11.1 City's Liability.......................................................................
5
11.2 Indemnification....................................................................
5
11.3 Patent Representation.........................................................
5
11.4 Concessionaire Insurance ...................................................
5
11.5 Precautions Against Injury ...................................................5
11.6 Failure to Insure...................................................................6
12.
No Interest in Real Property............................................................6
13. Assignment......................................................................................6
14. Right of City to Enter, Inspect and Make Repairs ..........................6
14.1
In General............................................................................ 6
14.2
Obstruction by City.............................................................. 6
14.3
Obstruction by Concessionaire............................................6
14.4
No Eviction or Abatement .................................................... 7
15. Default of Rights of Termination..................................................... 7
15.1
Default by Concessionaire................................................... 7
15.2
City's Remedies on Default .................................................. 8
15.3
Rights and Remedies Reserved .......................................... 8
TABLE OF CONTENTS
ARTICLE................................................................................... PAGE
16, Miscellaneous Provisions...............................................................
8
16.1
Cumulative Rights...............................................................
8
16.2
Non-Waiver.........................................................................8
16.3
Non -liability of Individuals....................................................
8
16.4
Limitations on Park Use .......................................................
8
16.5
Governing Law....................................................................
9
16.6
Benefits...............................................................................
9
16.7
Construction........................................................................
9
16.8
Successors and Assigns ......................................................
9
16.9
Headings.............................................................................
9
16.10
Attorney Fees......................................................................
9
16.11
Entire Agreement.................................................................
9
16.12
Severability..........................................................................9
16.13
Surrender of Possession.....................................................
9
16.14
City Representative...........................................................
10
16.15
Notices..............................................................................
10
16.16
Paragraph Headings..........................................................
10
16.17
Schedules and Exhibits.....................................................10
16.18
Force. Majeure...................................................................
10
16.19
No Limitation on General Powers......................................10
16.20
No Relationship.................................................................10
16.21
Survival..............................................................................10
ROLLAND MOORE PARK RACQUET CENTER
PRO -SHOP CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement", made and entered into as of
the 15th day of March, 1999, by and between The City of Fort Collins, Colorado, a municipal
corporation, hereinafter called "City", and Lewis Tennis, Inc., hereinafter called
"Concessionaire."
WITNESSETH:
GENERAL SCOPE OF SERVICES
The Concessionaire agrees to provide Pro Shop and tennis related services in accordance with
the following articles and the Scope of Work attached hereto as Exhibit A, consisting of one (1)
page, and incorporated herein by this reference.
ARTICLE 1 - Concession Space
1.1 Definition of Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean the Tennis Pro Shop
located in Rolland Moore Park and the storage shed located northwest of the Pro Shop.
ARTICLE 2 - Concessionaire's Use of Concession Space
2.1 In General
The City grants to Concessionaire the following rights and privileges:
2.1.1 Subject to other limitations expressed in this Agreement, the right to exclusive use of
the Concession Space for Pro Shop operations (and for no other purpose) in such spaces and
manner as may be prescribed by the City.
ARTICLE 3 - Rights of Ingress and Egress
3.1 In General
Concessionaire shall have the right of ingress and egress to and from the Concession Space
and Parks for Concessionaire's employees, agents and invitees to the extent reasonably
necessary in connection with the conduct of Concessionaire's business under this Agreement.
Areas designated as restricted areas by the City shall be excluded.
3.2 Closures
The City may, at any time, temporarily or permanently, close or consent to or request the
closing of any roadway or any other way at, in or near Rolland Moore Park, presently or
hereafter used as such, so long a reasonable and safe means of ingress and egress as
provided above remains available to Concessionaire.
ARTICLE 4 - Undertakings of Concessionaire
4.1 Pro Shop Services
4.1.1 See Exhibit A, Scope of Work
4.1.2 Concessionaire acknowledges the desire and obligation of the City to provide the
public with quality merchandise and a high level of service. Therefore, Concessionaire agrees
to offer for sale from the Concession Space only merchandise and services at prices not to
exceed the prices customarily charged for similar items in Fort Collins area privately -owned Pro
Shop operations. If, in the opinion of the City, the selection of items offered is inadequate or not
of acceptable quality, if any of the prices are excessive or if any of the items are found to be
objectionable for display and/or sale in a public facility, the City shall meet and confer with
Concessionaire regarding such matters. However, Concessionaire acknowledges that the City's
determination as to the same shall be conclusive. Failure of Concessionaire to correct, rectify
or modify its prices or quality within seven (7) days of being advised in writing to do so shall be
cause for default.
4.1.5 Concessionaire may not add, remove or otherwise vary its services listed in Section
4.1.1 without the prior written authorization of the City Representative.
4.2 Hours of Operation
To be determined by Concessionaire with approval of the City Representative.
4.3 Concessionaire Personnel
Concessionaire shall control the conduct and demeanor of its agents and employees. Upon
objection from the City concerning conduct or demeanor of any such person, the
Concessionaire shall immediately take all lawful steps to remove the cause of the objection. If
the City so requests, Concessionaire agrees to supply and require its employees to wear
suitable attire and to wear or carry badges or other suitable means of identification, the form for
which shall be subject to prior and continuing approval of the City.
4.4 Physical Interference
Concessionaire shall not do, nor permit to be done, anything which may interfere with the
effectiveness or accessibility of the drainage system, sewerage system, fire protection system,
sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in
Rolland Moore Park.
4.5 Taxes
Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during
the term of this Agreement or any extension hereof become due or which, may become a lien or
which may be levied or charged by the State, County, City of Fort Collins or other tax -levying
body upon or with respect to the Concession Space, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may
have in or to the Concession Space or facilities or the improvements thereon, by reason of
Concessionaire's occupancy thereof, or otherwise, as well as all taxes on taxable property, real
or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in
or about the Concession Space or elsewhere at Rolland Moore Park. Nothing shall prevent
Concessionaire from protesting, through due process, any taxes levied.
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