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1k. Lake Ann Park Concessionaire A CITY O . ..;=:k 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 y'+" ' (612) 937-1900 1„,a Action [;; `- ' - MEMORANDUM TO: Park and Recreation Commission 'f _ FROM: Todd Hoffman, Recreation Supervisor 'I .T�-. .a - DATE: February 23, 1989 p-- — SUBJ: Vending License Request, Lake Ann Park "��� Gary Lindgren As can be seen from the attached letter, Gary Lindgren, President of Domo Products, Inc. , would like to operate a concession wagon at Lake Ann Park beach for the summer of 1989. A representative of Domo Products will be present on Tuesday evening to discuss this proposal in detail and to answer any questions from the Commission. Domo Products worked with the City on one previous occasion when serving popcorn at the Oktoberfest event early last fall. The provision of this service at Lake Ann Park would enhance the recreational experience at the beach area, as many requests for concessions are received each year; however, to ensure this result, careful selection of a generator would be necessary. It would be very undesireable to operate this wagon with a generator which is loud enough to create a distraction. An additional request to vend at Lake Ann Park has been received through a phone conversation from a representative of Blue Bell Ice Cream. However, staff recommends that only one vendor be licensed to operate in Lake Ann Park per year. As Domo Products, Inc. ' s proposal includes a greater variety of items, it is recom- mended that their request be approved. Attached is an updated agreement between the City of Chanhassen and Domo Products , Inc. Upon the satisfaction of the Commission that this arrangement and the terms of this agreement are accep- table, and upon Mr. Lindgren verifying that he will comply with the terms of the agreement, a copy will be executed. . Update (March 9 , 1989 ) : This item was tabled from the February 28, 1989 agenda to allow all intereted parties to submit a propo- sal. Since that time a written proposal from Blue Belle Ice Cream has been received and the newly formed Lion' s Club has withdrawn Park and Recreation Commission Update - March 9 , 1989 Page 2 their request. The two proposals which have been received are different in a number of ways. Domo Products , Inc. , proposes to vend from a wagon which is transported with a separate vehicle, and Blue Belle would vend from a concession vehicle. Domo' s wagon would be operated by a local couple, and Blue Belle' s vehicle would be operated by an independent contractor. The items to be served are different in each proposal. Lastly, both companies or reprdsentatives of each have previously requested to vend in the City of Chanhassen. Domo Products, Inc. , was granted approval to sell popcorn and peanuts at the Oktoberfest Celebration held last fall. Blue Belle Ice Cream and/or representatives of that company, have requested permission to vend in the City of Chanhassen and Lake Ann Park. They were never granted approval to do so, but on occasions have attempted to vend despite this. My personal experience with this occurred last summer when a Blue Belle Ice Cream salesman called and requested to vend at Lake Ann Park over the 4th of July. His request was denied; however, two trucks did arrive at Lake Ann Park and had to be asked to leave. It remains the recommendation of staf °-to accept the request from Domo Products, Inc. , to provide concessions'-at. Lake Ann Park. Update March 22 , 1989 ) : Upon receiving the staff report update of March 9 , 1989 , a representative of Blue Belle Ice Cream called • to withdraw their proposal . Therefore, the Park and Recreation Commission accepted the proposal from Domo Products, Inc . , with the following clarifications being made. Domo Products will not act as the "concessionaire" . They are selling a vending wagon to a local couple who will be the "concessionaire" . Emphasis was put on item #4 of the agreement concerning refuse pick up. It was also emphasized that the generator being purchased to operate the wagon must operate at a very minimal noise level . Lastly, the Commission directed staff to work with the "concessionaire" in choosing an appropriate location for the vending wagon to operate from. ttuie telt roe tire= 17 3218 Snelling Ave. Minneapolis,MN 55406 612-729-5205 F-strLs snd sati Et . - e r Hzffrzan. 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S; 4. ,.. _ /_.(-- 40.....A..,.t‘ ,e..'t 7: 0 .4?::.;''-i.., . ,o, - - I -..1,;„9 • ,. 1, IN . It.. •:t. Isi t". . (.. ,,j:.%. ',:;".OF' 4likik , ..,,Zil': ''"Wia'•b- -' i -,... •.,,, . 4,i,NOV' ...i 7!" O.' ‘ 4,.P. 1,,,..;:x....1.:: +. A 0 '• A, ,.. .:!ii.„.• • 3-) . ,.. •..-ryi.. -..:: 41§, ,,.....1...-0" fh% c,. 2. 'i t, .iW.' i:;:--- •.—.. 7.-7-,.. , ttli.r-',''' It. ' .Y (ttel'; ••9. .. ..41' -.AL T..•- '"!.... ....----....4k.; . Li ',11rod N..) ---- . Domo Products, Inc. 15202 Crestview Lane ," Minnetonka, Minnesota USA 55345 i 612-933-7343 January 24, 1989 Todd Hoffman City of Chanhassen 690 Coulter Drive Chanhassen, Mn. 55317 Dear Todd, As per our phone conversation of January 23 , 1989 , we are requesting approval of the following by the City Council . We will be providing a concession wagon at the Lake Ann Beach for the summer of 1989 beginning Memorial Day weekend and ending Labor Day weekend. The hours of service would of course be subject to weather conditions on a day to day basis however, a seven day week is planned with hours of between 10 to 11 A.M. to 6 to 8 P.M. depending on the needs . The wagon will be brought in daily and removed at the end of use each day. A portable generator will be used for the source of power. Items to be served will be as follows : Soft Ice Cream Cones and Frozen Ice Cream Products Hot Dogs Popcorn Nachos and Cheese Peanuts and Candy Bars Four Flavors of Soft Drinks The wagon to be used the first year will be a 7 ' X 10 ' unit, The construction and equipment meet all NSF standards . If the first season goes well , we could provide a larger unit in 1990 which could serve more food products . We would also like to request the 1st option for serving the Lake Ann Beach for the next years until such time as a permanent facility is built by the City of Chanhassen. Your prompt consideration for our service to your beach is greatly appreciated as we will have to reserve one of our wagons specifically for this purpose. ....r.:=, d L..J Sincerely , ary M. Lindgren, Pres . JAN 25 1989 �' i� `v1 �'�t �� CITY.OF CHANHASSEN r AGREEMENT THIS AGREEMENT, dated this day of , 1989, between the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter "City") , and DOMO PRODUCTS, INC. , (hereinafter "Concessionaire") . NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. The Concessionaire may operate a mobile food concession wagon in Lake Ann Park. 2 . Ten percent (10%) of the Concessionaire's gross revenue, excluding sales tax, from the concession shall be paid to the City. Concessionaire shall provide weekly reports of business profits to the City Manager and shall pay the fee to the City on the 1st day of each month for the previous month during the term of this Agreement. 3 . Concessionaire shall have a current license from the State Board of Health to prepare and sell food from the concession and the license shall be prominently posted on the concession wagon. 4 . Concessionaire shall pick up refuse within a reasonable are surrounding the concession wagon on a daily basis. 5. Concessionaire shall not dispense any items of food or drink in glass containers from the concession wagon. 6. Concessionaire shall maintain regular business hours as weather permits for the convenience of park users. Hours of operation shall be posted on the concession wagon in full view of the public; however, said concession wagon shall not open sooner than 9: 00 a.m. nor close later than 10: 00 p.m. daily. 7. The concession wagon shall be located only in areas of Lake Ann Park authorized and approved by the City Manager and Concessionaire shall not drive on the lawn when the grounds are wet and damage to the sod may occur. 8 . The Concessionaire agrees not to sell tobacco or beer. 9. Concessionaire shall indemnify and hold harmless the City Council, agents, and employees of the City from and against all claims, damages, losses, or expenses, including attorney's fees, which the City Council, agents, or employees of the City may suffer or for which it may be held liable arising out of or resulting from the assertion against them of any claims, debts, obligations, consequence of the performance of this Agreement by Concessionaire, its employees or agents. 10. Concessionaire acknowledges that it is an independent contractor and not an employee or agent of the City. 11. The City reserves the right to authorize other vendors in the Park. 12 . Concessionaire shall take out and maintain during the term of this Agreement liability and property damage insurance covering its business in the park. Limits for bodily injury or death shall be not less than $300, 000 for one person and $500, 000 for each occurrence; limits for property damage shall be not less than $100, 000 for each occurrence. The City shall be named as an additional insured on the policy. -2- 13 . This Agreement shall be in full force and effect from ' May 1, 1989, through September 5, 1990. The City reserves the right to terminate this Agreement at any time, with or without cause. CITY OF CHANHASSEN BY: Don Ashworth, City Manager DOMO PRODUCTS, INC. BY: Gary M. Lindgren, President r -3-