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. cnC or: SAN BERt,lARDQo - REQUOT FOR COUNCIL AcQON
From: ANNIE F. RAMOS. DIRECTOR OF PARKS. REC-
REATION & COMMUNITY SERVICES
Dept: PARKS. RECREATION & COMMUNITY SERVICES
Date: July 23. 1985
Subject: Resolution authorizing cancellation of
Concession Agreement at Roosevelt Bowl
and Nunez Park.
Synopsis of Previous Council action:
Resolution 83-255. adopted August 1. 1983. authorized agreement between the City and
E. Lewis Clark. doing business as TMD associates. for the operation of concession stands
at Nunez Park and F.D.R. Bowl.
Recommen':led motion:
Adopt the Resolution.
Contact person: John A. Kramer
. Supporting data attached: Yes
Phone:
383-5031
2
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
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! Council Notes: .
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Finance:
'7~_n~.c:.~
A""nda Item No
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CI,Q OF SAN BERNARDCO - REQUOT 'FOR COUNCIL AcQON
STAFF REPORT
The City entered into a 3 year agreement with Lewis Clark on August I, 1983 for
the operation of Nunez Park and F.D.R. Bowl concession stands. This agreement
provided for a return of 10 percent and 12 percent of gross receipts respectively.
In the two years that the concessionaire has operated these stands, they have not
proved to be a successful business venture. Lewis Clark has requested dissolution
of this agreement effective August 5, 1985. (See attached letter).
The department concurs with the request of Lewis Clark. In addition to being an
unprofitable business, the concessionaire has been placed in a compromising situa-
tion due to numerous requests by. non-profit groups for concession rights associated
with their use of the bowl or- the Nunez Softball Fields.
Staff will be providing recommendations as to the future operations of the con-
cession stands after further study.
Attachment
JUSTIFICATION FOR PLACEMENT ON THE SUPPLEMENTAL AGENDA
D~. L~wi~ ~lar~ has requested dis~ol~tion of th~ agr~ement on August 5, 198~.
H1S l1abl1lty 1nsurance on the bUl1dlng as requlred ln the agreement expireS,
on that date also. The dissolution of the agreement needs to be complete~ '
at the August 5th council meeting so that there are no compl ications betweenc
the City and Dr. Clark on the insurance requirements. Because of the late
receipt of Dr. Clark's request and lead time required for preparation of the
documents, the regular deadline could not be met, therefore, it is requested
that this item be placed on the supplemental agenda.
"lI.Ln~.::..
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TA~
MA"'-'MENT
DEVELOPERS
DR. Eo LeWIS CLARK.. R.S.
Presklent
1)1 D ASSOCIAOS
2044 North Riverside Avenue
Rialto, California 92376
o
T elephane 714. 820-4840
July 18.1985
i.Ir. John Kr2lller
Park & Recreation Div~
]00 N. D Street
San Bernardino Ca
Mr. Kramer I
This letter is in response to our conversation on 7-11-85, and 7-18-85,
regarding continuation of food concessions at Perris Hill Park and
Nunez Park. After due consideration I have decided to request termi-
nation of our cntract at the end of our second year. The approximate
ending date being August 5,1985. I am confident that this action is
in the best interest of Park & Recreation and"the Community at large.
Thank you for working with me in this effort. I look forward to your
response.
..../-
cc. File
CONSULTANTS IN MA~KET RESEARCH
. A Minorjty Enterprise .
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT TERMINATING THE AGREEMENT FOR THE
3 OPERATION AND MAINTENANCE OF CONCESSION FACILITIES AT NUNEZ PARK
AND FRANKLIN D. ROOSEVELT BOWL AT PERRIS HILL PARK.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Recitals.
7 A. By agreement dated August 8, 1983, by and between the
8 City of San Bernardino and E. Lewis Clark, doing bustness as
9 TMD Associates. the parties entered into an agreement relating to
10 the operation and maintenance of concession facilities at Nunez
11 Park and Franklin D. Roosevelt Bowl at Perris Hill Park. This
12 contract is due to expire three years after date of entry into
13 the contract.
14 B. The parties mutually agree that cancellation of the
15 agreement effective August 5, 1985, is in the best interest of
16 the parties.
17
18 Bernardino is hereby authorized and directed to execute on behalf
SECTION 2.
Implementation.
The Mayor of the City of San
.:.-.
19 of the City of San Bernardino an agreement terminating the
20 agreement between the City of San Bernardino and E. Lewis Clark,
21 doing business as TMD Associates, attached hereto as Exhibit A
22 and incorporated herein by reference, effective August 5, 1985.
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
meeting thereof.
25 Bernardino at a
26 held on the day of
27 following vote, to wit:
28 I I I
, 1985, by the
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AYES:
Council Herr.bers
4 ABSENT:
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6 City Clerk
7 The- foregoing resolution is hereby approved this
8 day of , 1985.
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10
Hayor of the City of San Bernardino
11 Approved as to form:
/~1uJ/~e2
13 Ci t~orney
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1 . TERMINATION BY CANCELLATION OF AGREEMENT
2 RELATING TO OPERATION AND MAINTENANCE OF CONCESSION FACILITIES
3 AT NUNEZ PARK AND FRANKLIN D. ROOSEVELT BOWL AT PERRIS HILL PAR~
4
5 In accordance with the provisions of California Civil Code
6 Section 1699, the parties to the agreement dated August 8, 1983,
7 pertaining .to the operation and maintenance of the concession
8 facilities at Nunez Park and Franklin D. Roosevelt Bowl at Perris
9 Hill Park, hereby intend to, and do, terminate that agreement by
10 cancellation effective August 5, 1985.
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ATTEST:
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13
14 Ci ty Clerk
CITY OF SAN BERNARDINO
By
Mayor
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Approved as to form:
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20 ~~g
21 C1 ty torney
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E. LEWIS CLARK, doing business
as TMD Associates
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