TR-2015-18 LEASE AGREEMENT WITH MC UL)(M6
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TR-2015-Al_ affo"
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE
AGREEMENT BETWEEN THE TOWN OF AGAWAM AND MC CATERING.
Sponsored by Mayor Richard A. Cohen
Whereas, the Town owns the land known as Borgatti Field located on River Road
Agawam,Massachusetts; and
Whereas,the Town requested proposals for the operation of the concession
facilities; and
Whereas, MC CATERING has submitted a suitable proposal for the leasing of
the concession facilities; and
Whereas, City Council approval is required to permit the Town to enter into a
lease agreement with MC CATERING. for use of said property.
NOW,THEREFORE,BE IT RESOLVED BY THE AGAWAM CITY
COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with
optional second and third year with MC CATERING for said use of the concession
facilities located at Borgatti Field located in the Feeding Hills section of Agawam,
Massachusetts.
Dated this_LX�s day of 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL 0 Vo
Chri pher C. Jotson,
President
b Ufa
AP ROVEZAO M AND LEGALITYS_,�tf-
Vincent F.Idiedcia, City Solicitor CC
MAYORAL ACTION
Received this day of 2015 from Council Clerk.
Signed by Council President this day of 4!�W 2015.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw charter,as
ded, hereby approve the passage of the above legislation on this !� day of
2015.
4 0�1
Z�id
Richard A.Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby veto the passage of the above legislation on this day of
2015 for the following reasons):
Richard A.Cohen,Mayor
RETURN OF LEGISL&TION TO COUNCIL CLERK
Returned to Council Clerk this 3 r day of 2015.
T 9 011" 15- 9
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y Town of Agawam
. . '� '9,� Parks& Recreation Department
j 4� 1000 Suffield Street
Agawam, MA 01001
Tel (413) 821-0513 * Fax (413) 821-0637 ,
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MEMO
Date: April 15, 2015
To: Agawam City Council
From: Christopher M. Sparks, Director of Parks & Recreation
Re: Borgatti Lease
As you are aware in 2013 the City Council appropriated $23,993 from the Community
Preservation Act to build new a bathroom/storage/concession building at Borgatti Field. This
appropriation along with money from the Berkshire Power Gift Account has allowed us to
complete the construction. We are now beginning the 2015 softball season with softball
tournaments and leagues at Borgatti. The first tournament is Saturday, April 25.
On February 18, 2015 the Agawam Parks and Recreation Department released a Request for
Proposal (RFP) to lease the concession stand at Borgatti Field. The RFP was to lease the stand
from the Town of Agawam for a six month period beginning at the end of April and ending at
the end of October. On March 26, we received one bid to operate the stand from MC Catering
owned by Charlie Sienkiewicz of 1133 North Westfield Street, Feeding Hills.
MC Catering's proposal was to pay the Town of Agawam a monthly fee of$250.00 totaling
$1,500.00 for the six month period. The proposal included a menu of hot dogs, hamburgers,
pizza, chicken sandwich, Caesar salad, ice cream, assorted snacks, and assorted drinks. The
concession stand will operate on weekends during softball tournaments and on weekday
evenings during men's softball leagues.
Revenue collected from the lease will go into the Parks and Recreation Revolving Account and
will be used to pay the electricity and water bills (building use and irrigation use) at Borgatti
Field. Any additional revenue will remain in the revolving account to be used for improvements
at Borgatti Field.
With your approval the Town of Agawam will officially enter into the lease agreement with MC
Catering. I apologize for not being able to attend the meetings on Tuesday, April 21. Please
contact me at the Parks and Recreation Department with any questions regarding the lease of the
concession stand at Borgatti Field.
TR-2015- 1�
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE
AGREEMENT BETWEEN THE TOWN OF AGAWAM AND MC CATERING.
Sponsored by Mayor Richard A. Cohen
Whereas, the Town owns the land known as Borgatti Field located on River Road
Agawam, Massachusetts; and
Whereas, the Town requested proposals for the operation of the concession
facilities; and
Whereas, MC CATERING has submitted a suitable proposal for the leasing of
the concession facilities; and
Whereas, City Council approval is required to permit the Town to enter into a
lease agreement with MC CATERING. for use of said property.
NOW; THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY
COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with
optional second and third year with MC CATERING for said use of the concession
facilities located at Borgatti Field located in the Feeding Hills section of Agawam,
Massachusetts.
Dated this day of , 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
AP ROVED A O FORM AND LEGALITY
Vincent F. cia, City Solicitor
AGREEMENT OF LEASE
This AGREEMENT OF LEASE, made and entered into on this day of April 1, 2015, by and between the
TOWN OF AGAWAM, a municipal corporation organized under the laws of the Commonwealth of
Massachusetts, with offices at 36 Main Street, Agawam, Massachusetts 01001, hereinafter called the
LESSOR,and MC CATERING hereinafter called the LESSEE,
WHEREAS, the LESSOR, as owner of the Borgatti Field Snack Bar Concession, Town of
AGAWAM Massachusetts, is seeking a LESSEE to operate a food and snack bar service at said park that
can serve the patrons of that location in a pleasing, efficient manner; and,
WHEREAS, the LESSEE is desirous of leasing Borgatti Field Snack Bar Concession to operate said
space as a food and snack bar establishment for one summer season, commencing May 1, 2015 through
November 1, 2015, with two (2) one (1) season options for 2016 and 2017 at the sole discretion of the
LESSOR and the LESSOR is willing to lease said property to said LESSEE;
NOW THEREFORE, the parties agree as follows:
1. PREMISES
1.1: The snack bar area, to be referred to as the PREMISES hereinafter, is located
Borgatti Field, AGAWAM, Massachusetts, and is further defined in the Request for Proposals
dated February 2015 as issued by the Town of AGAWAM. This Request for Proposals is
incorporated into this lease by attachment.
1.2: This lease does not include any of the area adjacent to the designated concession
area.
2. TERM
2.1: The term of this lease shall be for a period of six(6) months running form May 1,
2015 through November 1, 2015, with two (2) six (6) month options to be exercised at the sole
discretion of Town for a total potential contract term of eighteen(18) months.
3. RENT
3.1: The LESSEE agrees to pay the LESSOR the sum of$1,500.00 Dollars for the first summer
season 5/1/2015 thru 1]/]/2015 of the lease; Optional second season: the sum of$1,575.00 Dollars
for the second summer season 5/1/2016 thru I]/1/2016 of the lease; Optional third season: the sum
of$1,653.00 Dollars for the third summer season 5/1/2017 thru 11/1/2017 of the lease payable as
follows:
3.2: The rental payments shall be made in six (6) equal monthly installments by the 15"
of each month starting on or before April 15, 2015. Payment will be made in the form of check
or money order, payable to the Town of Agawam, at the Parks & Recreation office on, or prior to,
the due date.
4. UTILITIES
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1. 4.1: The Town will pay for electrical service._If the lessee wants any electrical or utility
modifications, the lessee must make such a request for the Parks & Recreation who will, if approved,
contact the Department of Public Works who would provide labor but not materials for such
modifications
5. SECURITY DEPOSIT
5.1: LESSEE shall tender the LESSOR a security deposit in the amount of Five
Hundred(S500.00) Dollars upon the execution of this lease,to be paid by a certified check.
5.2: Said security deposit shall be held by LESSOR in a separate interest-bearing
account as security for the LESSEE'S performance under this lease. At the LESSOR'S sole option,
said security deposit may be used by the LESSOR to fulfill any of LESSEE'S obligations under
this lease which LESSEE fails or refuses to fulfill,without prejudicing any other remedies available
to LESSOR under this lease or at law.
5.3: Said security deposit shall be refunded to the LESSEE with whatever interest that
has accrued at the end of the lease, minus any and all deductions that LESSOR has made under
paragraph 6.2 above and further subject to LESSEE'S full compliance with the terms, conditions,
provisions and covenants of this lease agreement.
6. USE OF LEASED PREMISES.
6.1: The LESSEE shall use the leased premises only for the purpose of operating a
snack bar concession/business under the terms and conditions set forth herein.
6.2: The LESSEE agrees that no electronic games shall be installed upon the leased
premises.
6.3: The leased premises shall be used and conducted in a dignified manner.
6.4: The LESSEE will not permit any disorderly conduct in the leased area.
6.5: LESSEE shall be solely responsible for any and all costs relating to the operation
of the leased premises including, but not limited to, the costs of equipment, materials, supplies,
repairs,taxes, licensing fees, attorney's fees, all food items, housekeeping supplies, utensils, pots &
pans, insurances, office supplies, sanitation supplies, food service equipment rental, paper supplies,
menu paper and printing,telephone service,electricity and printing costs.
6.6: Smoking shall be expressly prohibited on the leased premises.
7. COMPLIANCE WITH LAWS.
7.1: The LESSEE agrees to conduct its operation hereunder in strict compliance with
all laws, bylaws,ordinances,rules and regulations of al I federal,state,regional and local authorities
as from time-to-time are applicable and the LESSEE will procure and pay for all licenses,
certificates and permits necessary for the conduct of its operations or construction hereunder and
shall pay all charges assessed under federal, state, regional and local statutes, bylaws, ordinances,
rules and regulations insofar as they are applicable.
Borgatti Field Snack Bar Concession Lease Agreement Page 2 of 14
7.2: Failure of LESSEE to procure and maintain all necessary licenses and permits to
operate a food and snack bar service shall render this lease void.
7.3: The LESSEE acknowledges that no trade or occupation shall be conducted in the
leased premises or use made thereof which will be unlawful, improper, noisy or offensive, or
contrary to any state,federal, regional law or any municipal bylaw or ordinance in force in the town
in which the premises are situated.
8. HOURS AND DAYS OF OPERATION,
Unless subsequently agreed upon in writing by and between the parties, and subject to the terms and
conditions of any licenses,which the LESSEE may hold, the LESSEE agrees to the following terms
and conditions concerning days and hours of operation:
8.1: The minimum hours of operation during which the LESSEE agrees to serve food
to the public are as follows:
May 1 through November 1, Monday through Sunday
8.2: The LESSEE agrees that it shall make no changes in the minimum hours of operation
without the written consent of the LESSOR.The above schedule may be revised by the Director of
Leisure Services if it is in the Town's best interest. If the concessionaire desires to change the
above schedule,request must be made in writing and approved by the Director of Leisure Services.
8.3: The LESSEE shall be open for business seven (7) days per week, except that said
premises shall be closed upon the calling of a "rain day" by the Director Parks and Recreation,
unless otherwise directed by the LESSOR.
8.4: It is understood by and between the parties that the operation of the leased premises
may be affected by weather conditions and that, by mutual agreement of the LESSEE and a duly
authorized representative of the LESSOR, the LESSEE'S hours of operation on any given day may
be less than, or greater than, that which is set forth above; subject to any restrictions as may be
placed upon the LESSEE by local licensing authorities, which restrictions may, under no
circumstances, be waived or altered by the parties hereto.
9. EQUIPMENT, FURNISHINGS AND FIXTURES
9.1: Should the LESSEE determine that, in the conduct of its business under this lease,
it shall need, require or desire to add new to replace worn out equipment within the kitchen,or any
other portion of the leased premises, the LESSEE shall request the permission of the LESSOR to
place any such equipment on the demised premises,specifically noting the exact nature and size of
the equipment desired together with the cost of installation and maintenance thereof. The cost shall
be borne solely by the LESSEE.
9.2: In the event that any such equipment is damaged or destroyed, regardless of the
cause therefore, it shall be the responsibility of the LESSEE to repair (and maintain) or replace
such equipment. Any such equipment which the LESSEE replaces shall, if fixed likewise, become
the property of the LESSOR upon its installation into or onto the demised premises.
9.3: It shall be the responsibility of the LESSEE to provide inventories of dinnerware
and utensils, located in the snack bar when assuming occupation and use of the PREMISES
Borgatti Field Snack Bar Concession Lease Agreement Page 3 of 14
9.4: All equipment in the snack bar and related area shall remain the property of the
LESSOR including any equipment purchased by the LESSEE, unless otherwise directed by the
LESSOR.
10. REPAIRS AND MAINTENANCE
10.1: The LESSEE has inspected the leased premises, acknowledges that the premises
are now in good order, and accepts them in the condition that they are now in.
10.2: The LESSEE shall, throughout the term of this lease, at its own cost and without
any expense to the LESSOR, keep and maintain the interior of leased premises, as delineated in
Paragraph 1 herein, in a good, sanitary and neat order,condition and repair, free of debris and any
and all other foreign matters;and further,the LESSEE agrees that said area shall be cleared of any
such foreign matters of debris immediately as such are, or may be, caused to exist and shall make
any and all repairs necessary to keep said premises in a good and satisfactory condition.
10.3: The LESSEE shall not permit the leased premises to be damaged, stripped or
defaced, nor suffer any waste.
10.4: The LESSEE shall not overload the electrical wiring serving the leased premises
or within the leased premises and will install,at its own expense,but only after receiving the written
approval of the LESSOR, any additional electrical wiring which may be required in connection
with LESSEE'S business.
10.5: The LESSEE shall be responsible for repairing or obtaining repairs on any of their
own restaurant equipment located on the leased premises.
10.6: It shall be the responsibility of the LESSOR for the repair and maintenance of all
electrical and plumbing work that pertains to the function of the PREMISES.
10.7: Upon the written request of the LESSEE or upon the failure of the LESSEE to
perform necessary repairs and maintenance, and at the sole discretion of the LESSOR, LESSOR
may undertake repair or maintenance of the leased premises. In the event that LESSOR,at its sole
discretion, elects to undertake any such repair or maintenance, LESSEE shall bear the full cost for
said repair or maintenance, including, but not limited to, the cost for labor and materials. Failure
of the LESSEE to pay for the full cost of said repair and maintenance within ten (10)days of being
billed for same,shall constitute grounds for the termination of this lease agreement.
11. ALTERATIONS
ILL: The LESSEE shall not make any structural alterations or additions to the leased
premises, but may make non-structural alterations provided the LESSOR consents thereto in
writing.
11.2: All such allowed non-structural alterations shall be at LESSEE'S expense and shall
be of such quality at least equal to the present construction.
11.3: Any alterations or improvements made by the LESSEE shall become the
permanent property of the LESSOR at the termination of occupancy as provided herein.
Borgatti Field Snack Bar Concession Lease Agreement Page 4 of 14
11.4: No signs shall be installed by LESSEE without the prior written consent of the
LESSOR as to the size,type, design and location of said sign. If LESSEE either proceeds without
the prior written consent of the LESSOR or installs a sign that does not conform with the
specifications approved by the LESSOR, the LESSOR may enter the leased premises to remove
any such unauthorized sign and to restore the premises to their former condition. The LESSOR
shall bill the LESSEE for any and all costs incurred in so removing any such unauthorized sign.
11.5: The LESSEE shall not permit any mechanics, liens or similar liens,to remain upon
the leased premises for labor and material furnished to the LESSEE or claimed to have been
furnished to the LESSEE in connection with work of any character performed or claimed to have
been performed at the direction of the LESSEE and shall cause any such lien to be released of
record forthwith without cost to the LESSOR.
11.6: Prior to the commencement of any nonstructural alterations for which the LESSEE
has received the LESSOR'S written approval, the LESSEE shall obtain the LESSOR'S consent as
to the date and time of the proposed work to assure that such work does not interfere with any other
of the LESSOR'S activities.
12. LIGHTING
12.1: The LESSEE shall, at its sole expense, repair or replace as may be required, all
electrical or incandescent light bulbs or fluorescent tubes or other lighting devices located within
the leased premises.
13. REFUSE DISPOSAL AND TEMPORARY STORAGE OF RECYCLABLES
13.1: Outside trash receptacles shall be emptied by the Town of Agawam.
14. GLASS
14.1: If applicable, the LESSEE shall be solely responsible for all glass in or within the
PREMISES and for the entire LESSEE'S property located in or upon the leased PREMISES.
14.2: The LESSEE shall be responsible for the repair and replacement of any broken or
cracked windows,'caused by any act or omission of the LESSEE, its agents,servants or employees,
within or on the demised premises, all at its own cost. The LESSEE shall also be responsible for
assuring that all such windows are cleaned, both the interior and exterior side, on at least a weekly
basis.
15. LESSOR'S ACCESS
15.1: The LESSOR or agents of the LESSOR may, at all reasonable times, enter upon
the leased premises for the purpose of access to common areas in and around the leased premises.
15.2: The LESSOR or agents of the LESSOR may,at all reasonable times,enter to view
and inspect the leased premises and make repairs and alterations as the LESSOR should elect to do
and may show the leased premises to others.
16. FOOD
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16.1: All meals prepared shall contribute to the patrons, welfare and shall be
therapeutically and nutritionally appropriate, attractively presented, varied sufficiently to avoid
boredom, and must be presented with sufficient alternatives to allow for individual differences in
tastes.
16.2: All food purchased by the LESSEE for use at the leased premises shall meet the
following minimum specifications:
Meat, lamb, beef, veal......................................................USDA Choice
Pork..................................................................................US #1
Poultry, eggs, dairy products............................................Grade A
Canned vegetables ...........................................................Choice
Frozen Vegetables............................................................Grade A
Fresh produce...................................................................#1 Quality
All other food purchases must be of comparable quality.
16.3: The LESSEE is responsible for the receipt and storage, inventory control, and use
of all food and other products consumed at the restaurant.
16.4. The prices and food offerings on the concession, attached hereto as Menu Exhibit
to Lease, and incorporated by reference herein, shall not be changed by LESSEE without the
written approval of the LESSOR. Any new menu so approved by the LESSOR shall be
incorporated into this lease agreement through a written amendment to said agreement.
16.5: No food and beverage items may be provided or served in glass containers.
16.6: Any disposable products used on the leased premises shall be made from recyclable
materials and shall be recyclable and biodegradable.
16.7: The Menu with prices, attached to this document (Menu Exhibit to Lease), will
be reviewed each May. No prices may change without the approval of the LESSOR.
16.8: All Individuals preparing or handling food shall be serve safe certified.
17. ALCOHOLIC BEVERAGES
17.1: The LESSEE shall assure that no alcoholic beverages are sold or stored in the
PREMISES
18. RECORDS AND REPORTS
18.1: The LESSEE shall and hereby agrees to keep in the leased premises during the
term hereof, or at a location (made known to the LESSOR by the LESSEE), in the Town of
AGAWAM, for a period of three consecutive seasons following the end of each lease season, a
permanent,complete and accurate record of all sales of merchandise and service and all revenue
derived from business conducted in the leased premises for such lease season. LESSEE further
agrees to keep, retain and preserve for at least one season after the expiration of this lease, all
original sales records and sales slips or sales checks and other pertinent original sales records. All
Borgatti Field Snack Bar Concession Lease Agreement Page 6 of 14
such records, including sales tax reports and business and occupation tax reports, shall be open to
the inspection and audit of LESSER and its agents at all reasonable times during ordinary business
hours.
18.2: The term "gross sales" is the entire amount of the actual sales price,whether wholly
or partly for cash or on credit, of all sales of merchandise and services and all other receipts of all
business conducted in or from the leased premises, including all deposits not refunded to
purchasers, orders taken in or from the leased premises although said orders may be filled
elsewhere, and sales by any sub lessee, concessionaire or licensee in or from the leased premises,
and all without credit to the LESSEE for uncollected or uncollectible credit accounts. There shall
be excluded from "gross sales" any sums collected and paid out for any sales tax or tax based upon
the sale or sales of merchandise and required by law, whether now or hereafter in force,to be paid
by the LESSEE or collected from its customers, to the extent that such taxes have been added to
and included in the gross sales price.
18.3: The LESSEE shall submit to the LESSOR in a reasonable amount of time, not to
exceed ninety (90) days following the end of the first summer operating season, at the place then
fixed for the payment of rent, a Review-type Financial Statement and a Certification that all taxes,
notes and vendor invoices are current, prepared and signed by a certified public accountant and
signed by LESSEE, showing in reasonably accurate detail the amount of gross sales during the
preceding lease season and fractional lease season, if any,and shall submit, in a reasonable amount
of time, not to exceed ninety (90) days following the expiration or termination of the term, a like
statement covering the preceding fractional lease season, if any.
18.4: For the lease period, as indicated in this document, the LESSEE shall submit to
the LESSOR on or before the tenth day of each and every calendar month(excepting the tenth day
of the first month of the term hereof but including the tenth day of the month following the end of
the term), at the place then fixed for the payment of rent, a written statement signed by LESSEE
by a duly authorized officer or representative, showing in reasonably accurate detail the amount of
gross sales during the preceding calendar month.
19. INDEMNIFICATION OF LESSOR
19.1: The LESSOR shall not be liable for any loss, injury, death or damage to persons
or property which at any time may be suffered or sustained by the LESSEE or by any person
whosoever may at any time be using or occupying or visiting the demised premises or be in, on or
about the same, whether such loss, injury, death or damage shall be caused by or in any way result
from or arise out of any act,omission or negligence of the LESSEE or of the LESSEE'S contractors,
licensees,agents,servants,employees,occupants,sub-tenants,visitors, invitees, guests,or users of
any portion of the premises, or shall result from or be caused by any accident, injury or damage or
any other matter or thing whether of the same kind as or of a different kind than the matters or
things set forth above, and the LESSEE shall indemnify and save harmless the LESSOR from and
against all claims, liability, loss or damage whatsoever on account of any such loss, injury, death
or damage during the term hereof in or about the leased premises.
19.2: The LESSOR shall not be liable to the LESSEE or to any other person for any
injury, loss or damage to any person or property on or about the demised premises or the building
of which the demised premises are a part or the approaches, sidewalks, patios or appurtenances
thereto.
Borgatti Field Snack Bar Concession Lease Agreement Page 7 of 14
19.3: The LESSEE shall save the LESSOR, as owner of the demised premises,harmless
and indemnified from and against all loss or damage occasioned by the use or misuse of water or
any plumbing, heating or cleaning apparatus, gas or electric fixtures, leaking or bursting pipes or
otherwise occasioned by any nuisance made or suffered by or from the demised premises.
19.4: This indemnity and hold harmless agreement shall include indemnity against all
reasonable costs, expenses and liability incurred in or in connection with any such claim or
proceeding brought thereon, and the defense thereof, including reasonable attorneys' fees.
19.5: The LESSEE shall pay to the LESSOR, on demand,for any damage caused to any
portion of the leased premises, or to any portion of the entire areas known as the Borgatti Field
Snack Bar Concession incurred as a result of the LESSEE'S operation, and or occupancy, of the
demised premises.
20. ]INSURANCE
1. Indemnification
The Lessee shall indemnify, defend, and save harmless the TOWN, all of the TOWN officers,
agents and employees from and against all suits and claims of liability of every name and nature,
including attorney's fees and costs of defending any action or claim,for or on account of any claim,
loss, liability or injuries to persons or damage to property of the TOWN or any person, firm,
corporation or association arising out of or resulting from any act, omission, or negligence of the
Lessee, subcontractors and their agents or employees in the performance of the work covered by
this Agreement and/or their failure to comply with terms and conditions of this Agreement . The
foregoing provisions shall not be deemed to be released, waived or modified in any respect by
reason of any surety or insurance provided by the Lessee under contract with the TOWN.
2. General Requirements
(a)The Lessee shall, before commencing performance of the contract, be responsible for providing
and maintaining insurance coverage in force for the life of the contract of the kind and in adequate
amounts to secure all of the obligations under the contract and with insurance companies acceptable
to the Town of AGAWAM. All such insurance carried should not be less than the kinds and
amounts designated herein,and the Lessee agrees that the stipulation herein of the kinds and limits
of coverage shall in no way limit the liability of the Lessee to any such kinds and amounts of
insurance coverage. Under all insurance coverage,required or not required by the Town,the Lessee
shall defend,indemnify,and hold harmless the Town of AGAWAM, its elected or duly appointed
offices, directors and employees against any claim based upon negligent, accidental or intentional
acts or omissions of the Lessee, its employees or its agents in providing its services to employees
of the municipality or their dependents pursuant to the agreement.
(b) With the exception of Professional Services Liability for architects, designers and engineers,
and Worker's Compensation, the Town of AGAWAM and its employees must be named as an
additional insured and a certificate of insurance will be provided indicating such for each of the
insurance policies or surety bonds obtained pursuant to the requirements established by the issuance
of the contract. Upon execution of the contract the Lessee will provide copies of certificates of
insurance to the Town of AGAWAM, Office of the Mayor.
(c) Failure to provide and continue in force such insurance as aforesaid shall be deemed a material
breach of this contract, and shall constitute sufficient grounds for immediate termination of the
Borgatti Field Snack Bar Concession Lease Agreement Page 8 of 14
same. All insurance maintained as provided for in the above shall be taken out and maintained at
the sole expense of the Lessee. Annually, at time of Lessee's policy renewal, updated insurance
certificates shall be sent to the Town of AGAWAM, Office of the Mayor.
(d)No cancellations of such insurance,whether by the insurer or by the insured party shall be valid
unless written notice thereof is given by the parties proposing cancellation to the other party and to
the Town of AGAWAM at least thirty(30)days prior to the intended effective date thereof, which
date shall be expressed in said notice, and which shall be sent out by registered mail,return receipt
requested. These provisions shall apply to the legal representatives, trustees in bankruptcy,
receiver, assignee, and/or the successor in interest of the Lessee.
(e) All insurance coverage shall be placed with such company as may be acceptable to the Town
of AGAWAM and shall constitute a material part of the contract documents.
3. Comprehensive General Liability Insurance
The Lessee shall carry Commercial General Liability Insurance with an each occurrence limit of
liability no less than One Million Dollars($1,000,000.00) and a general aggregate limit of liability
no less than Two Million Dollars ($2,000,000.00); and a Products/Completed Operations (as may
be required) Aggregate limit no less than Two Million Dollars ($2,000,000.00) for all injury and
damages to or destruction of property during the policy period.
4. Automobile Liability and Property Damage Insurance
The Lessee shall carry business Automobile Liability Insurance covering all owned vehicles with
a combined single limit no less than One Million Dollars ($1,000,000.00) to cover all damage
caused by contracted employees of the awarded Lessee. Level of insurance must adequately cover
the liability exposure of project site and is subject to approval of the Town of Agawam.
5. Workers' Compensation Insurance
The Lessee shall carry Workers' Compensation Insurance as required by Massachusetts General
Law, c. 152, and Section 25, with a minimum limit of Employer's Liability as per Massachusetts
General Law requirements.
21. FIRE INSURANCE
21.1: The LESSEE shall not permit any use of the leased premises which will make
voidable any insurance on the property of which the leased premises are a part, or on the contents
of said property, or which shall be contrary to any law or regulation from time to time established
by the New England Fire Insurance Rating Association, or any similar body succeeding to its
powers. The LESSEE shall,on demand,immediately remove said cause or reimburse the LESSOR
for all extra insurance premiums caused by the LESSEE'S use of the premises.
21.2: If the Lessee is occupying a Town owned premises and should a substantial portion
of the leased premises,or the property of which they are a part, be substantially damaged by fire or
other casualty, the Lessor may elect to terminate this Lease. When such fire or other casualty
renders the leased premises substantially unsuitable for their intended use, the Lessee may elect to
terminate this Lease; if: (a)the Lessor fails to give written notice within thirty days of its intention
to restore the leased premises, or (b) the Lessor fails to restore the leased premises to a condition
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substantially suitable for their intended use within ninety days of said fire or casualty. A just and
proportionate part of the rents hereby reserved shall be paid by the Lessee until the premises shall
have been so rebuilt or restored.
22. ASSIGNMENT-SUBLEASING
22.1: The LESSEE shall not assignor sublet the whole or any part of the leased premises.
22.2: Any attempted assignment by LESSEE shall be void and shall,at the option of the
LESSOR,terminate this lease.
22.3: Neither this lease nor the leasehold estate of LESSEE nor any interest of LESSEE
hereunder in the leased premises or any buildings or improvement thereon shall be subject to
involuntary assignment, transfer or sale or to assignment, transfer or sale by operation of law in
any manner whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be
void and of no effect and shall, at the option of the LESSOR,terminate this lease.
23. FIRE, CASUALTY
23.1: Should a substantial portion of the leased premises or of the property of which they
are a part, be substantially damaged by fire or other casualty, the LESSOR may elect to terminate
this lease.
23.2: When such fire or casualty renders the leased premises substantially unsuitable for
their intended use,the LESSEE may elect to terminate this lease if-
(a) The LESSOR fails to give written notice within thirty (30) days of
intention to restore the leased premises; or,
(b) The LESSOR fails to restore the leased premises to a condition
substantially suitable for their intended use within ninety(90)days of said
fire or casualty.
23.3: The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which
the LESSEE may have for damages or injury to the leased premises, except for damage to the
LESSEE'S fixtures, property or equipment.
24. BANKRUPTCY
24.1: if a petition shall be filed by or against the LESSEE under the Federal Bankruptcy
Act or acts amendatory thereof or supplemental thereto, or if any assignment shall be made of the
LESSEE'S property for the benefit or creditors, or if a receiver, guardian, conservator or other
similar officer shall be appointed to take charge of all, or any portion of the LESSEE'S property
by a court of competent jurisdiction, then, in any such case, the LESSOR lawfully may,
immediately, or at any time thereafter, without the need of demand or notice, enter into and upon
the demised premises or any part thereof in the name of the whole, repossess the same and expel
the LESSEE and remove LESSEE'S goods, equipment and effects without being guilty of any
manner of trespass and without prejudice to any remedies which might otherwise be used for arrears
of monthly payments or preceding breach of covenant, and upon such entry this lease shall be
deemed terminated.
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25. DEFAULT BY LESSEE
25.1: In the event that the LESSEE shall default in the payment of any installment of
rent or other sums herein provided for, and said default shall continue for ten (10) days, or if the
LESSEE shall default in the observance or performance of any other of the LESSEE'S covenants,
agreements or obligations hereunder, and such default shall continue for thirty (30) days, or if the
LESSEE shall be declared bankrupt or insolvent according to the law,or shall enter an assignment
for the benefit of creditors, then the LESSOR shall have the right thereafter to enter and take
complete possession of the leased premises pursuant to any process required by law and to
terminate this lease and/or remove the property of the LESSEE, without prejudicing any other
remedies available under this lease or at law, for arrears of rent or other damages.
25.2: The LESSEE shall indemnify the LESSOR against all loss of rent and other
payments which the LESSOR may incur by reason of such termination during the residue of the
term of this lease or any extension thereof.
25.3: If the LESSEE shall default in the observance or performance of any conditions or
covenants on LESSEE'S part to be observed or performed under or by. virtue of any of the
provisions of this lease, the LESSOR, without being under any obligation to do so and without
thereby waiving such default, may remedy such default for the account and at the expense of the
LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of
money in connection therewith, including, but not limited to, reasonable attorneys, fees in
instituting, prosecuting or defending any action or proceedings, such sums paid or obligations
incurred, with interest at the rate of twelve (12) percent per annum and costs, shall be paid to the
LESSOR by the LESSEE forthwith as additional rent.
25.4: Failure on the part of the LESSOR to complain of any action or non-action on the
part of the LESSEE,no matter how long the same may continue,shall never be deemed to be waiver
by the LESSOR of any of its rights hereunder.
25.5: No waiver at any time of any of the provisions hereof by the LESSOR shall be
construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the
provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions.
The consent or approval of the LESSOR to or of any action by the LESSEE requiring the
LESSOR'S consent or approval shall not be deemed to waive or render unnecessary the LESSOR'S
consent or approval to or of any subsequent similar act by the LESSEE.
25.6: No payment by the LESSEE or acceptance by LESSOR of a lesser amount than
shall be due from LESSEE to LESSOR shall be treated otherwise than as a payment on account.
The acceptance by the LESSOR of a check for a lesser amount with an endorsement or statement
thereon, or upon any Ietter accompanying such check, that such lesser amount is payment in full
shall be given no effect, and the LESSOR may accept such check without prejudice to any other
rights or remedies which LESSOR may have against the LESSEE.
26 YIELDING UP THE PREMISES
26.1: Upon the expiration of this lease,the LESSEE shall yield up and deliver the leased
premises and all keys, locks thereto, and other fixtures connected therewith, and all alterations and
additions made to or upon the leased premises vacant and unencumbered, clean, neat, and in good
a condition.
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26.2: The LESSEE shall, at the expiration or other termination of the lease, remove all
the LESSEE'S goods and effects from the leased premises(including, without hereby limiting the
generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside
or outside the leased premises).
26.3: In the event of the LESSEE'S failure to remove any of the LESSEE'S property
from the premises, the LESSOR is hereby authorized, without liability to the LESSEE, for loss or
damage thereto, and at the sole risk of the LESSEE,to remove and store any of the property at the
LESSEE'S expense or to retain same under LESSOR'S control or to sell at public or private sale,
without notice,any or all of the property not so removed and to apply the net proceeds of such sale
to the payment of any sum due hereunder, or to dispose of such property.
27. NON-DISCRIMINATION
27.1: The LESSEE covenants and agrees that it will not exercise or permit its officers,
agent or employees to exercise any discrimination against any person because of race,sex, national
origin, age, marital status, sexual orientation, disability or religion in the course of its use of the
premises or its operations at the leased premises.
28. NOTICES
28.1: Any notice from the LESSOR to the LESSEE relating to the leased premises or to
the occupancy thereof, shall be deemed duly served if left at the leased premises addressed to the
LESSEE or, if mailed to the leased premises by registered or certified mail,return receipt requested,
postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating
to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the
LESSOR by registered or certified mail, return receipt requested, postage prepaid,addressed to the
LESSOR at the Town of AGAWAM, Mayor's Office,36 Main Street,Agawam,Massachusetts or
to such other address as either party may specify to the other by notice given as provided herein.
29. SEVERABILITY
29.1: If any provisions of this lease shall to any extent be held invalid or unenforceable,
the remainder of this lease shall not be deemed affected thereby.
30. CONSTRUCTION OF LEASE
301: This lease shall be governed by and construed and enforced in accordance with the
laws of the Commonwealth of Massachusetts.
31. MODIFICATION OF LEASE
31.1: This lease agreement in conjunction with the Request for Proposal dated February
2015 and the proposal made by the Lessee dated March 20, 2015 constitute the entire agreement
between the parties and it may not be modified except in writing and signed by ail parties. In the
event of a conflict, the LEASE being the controlling document, followed by the Request for
Proposal dated February 2015, and finally the Lessee proposal dated March 20, 2015.
32. NON CONCESSION DUTIES
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The Lessee will be responsible for:
32.1: Opening the bathrooms for all games, tournaments, and events at Borgatti
Field.
32.2: Daily cleaning of restrooms.
32.3: Policing grounds after games and tournaments.
32.4: Handing out and collecting games bats for each field during the summer
and fall leagues.
32.5: Recording game scores during the summer and fall leagues (winning team
will return the bats and/or report the score at the concession stand).
33. MISCELLANEOUS OBLIGATIONS OF LESSEE
33.1: If the LESSEE'S operations hereunder cause or in any way bring about an increase
in the LESSOR'S insurance premiums covering the premises, the LESSEE shall pay the resultant
increase. Any amounts due the LESSOR under this paragraph shall constitute additional rent and
shall be payable within thirty(30) days of notice to the LESSEE.
33.2: The LESSEE shall not, during the term of this lease, hire or employ on either a
full-time or part-time basis, any employees of the LESSOR regardless of whether such employee
of the LESSOR be full-time or part-time employees.
33.3: The LESSEE shall not, without the LESSOR'S prior written approval, refer to the
LESSOR in any advertising, letterheads, bills, invoices or other printed matter.
33.4: The LESSEE shall be required during the term of this lease to take such reasonable
security precautions with respect to its operations at the leased premises as LESSOR, in its
discretion, might from time to time require.
33.5: If the Park and Recreation Director calls a "rain/weather day", the lessee will not
be required to remain open. The lessee will be notified of such"rain day"by the Parks&Recreation
Director.
33.6: The Town of Agawam,the Parks&Recreation and its employees are not liable for
any loss, accident, damage, injury, or theft incurred by the lessee; lessee's employees; or lessee's
business during the period of the lease.
33.7: The Town of Agawam Parks& Recreation reserves the right to cancel the lease if
the operator does not comply with the requirements of the lease in any way_
33.8: All specifications listed herein are to be appended to and made part of the Snack
Bar Concession Lease Agreement resulting for this RFP.
33.9: Following the execution of this lease agreement,the Parks& Recreation will set a
meeting with the awarded principals of the Snack Bar Concession to discuss the lease, including
all specifications and concerns.
The Town of Agawam or
authorized agent may, at reasonable times, enter to view the Premises and may remove placards
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and signs not approved and affixed as herein provided, and to make repairs and alterations as
needed.
33.10: The Town of Agawam reserves the right to terminate the lease if it is determined
that any information submitted in the proposal has been altered or falsely submitted.
Executed in quadruplicate as a sealed instrument this day of , 2015
TOWN OF AGAWAM, LESSOR, LESSEE;
By its Mayor,
Richard A Cohen
APPROVED AS TO FORM:
Vincent F. Gioscia, City Solicitor
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