HomeMy WebLinkAbout07 HASSETT & DAVIS 01-05-99DATE: January 5, 1999
NO. 7
1-5-99
lnter-Com
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PARKS & RECREATION SERVICES DEPARTMENT
AMENDMENT NO. 2 TO AGREEMENT BETWEEN TIlE CITY AND HASSETT &
DAVIS ENTERTAINMENT.
RECOMMENDATION
Request the City Council approve the attached Amendment No. 2 to the Agreement between the City and
Hassett & Davis Entertainment, Inc.
FISCAL IMPACT
The amendment contains provisions that provide the City with seventeen percent (17%) of the gross
receipts from carnival rides at Tiller Days and the Street Fair up to eighty-five thousand dollars ($85,000),
twenty-two percent (22%) of all ride receipts beyond $85,000 up to one hundred and ten thousand dollars
($110,000) and twenty seven percent (27%) of all ride receipts beyond $110,000. The Agreement would
also limit the number of food and game booths operated by H&D and increase compensation to the City.
Net proceeds from rides at Tiller Days offset expenses from the festival and the Tiller Days Parade.
Proceeds from the Street Fair are awarded to a local non-profit organization selected by the Street Fair
organizing committee.
BACKGROUND
Hassett & Davis Entertainment has successfully provided the City with rides at Tiller Days and the Street
Fair for the past three years. They have diligently complied with the terms of the previous lease agreement
and promptly fulfilled City insurance requirements and Police Department requests.
The proposed amendment to the agreement with Hassett and Davis would increase the net proceeds to the
City at Tiller Days and a designated local non-profit group at the E1 Camino Street Fair. The City Attorney
has approved the Agreement as to form. Staff, with the assistance of the Tiller Days Organizing
Committee, proposed the terms of the amended Agreement and requests City Council approval.
Superintendent
Patrick Sanchez
Director
AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF TUSTIN AND HASSETT & DAVIS ENTERTAINMENT, INC.
This Amendment No. 2, dated for purposes of identification only this day of
, ,1.999, is made and entered into between the CITY OF' TUSTIN, a
municipal corporation, (hereinafter referred to as "City"), and HASSETT & DAVIS
ENTERTAINMENT, INC., a California corporation, (hereinafter referred to as
"Operator").
RECITALS
1. The City and Operator previously entered into the Agreement Regarding Rides
and Concessions at Tiller Days, dated March 25, 1996 (The "Agreement"). The term of
the Agreement was for three years;' 1996, 1997, 1998.
2. The Agreement was amended on May 5, 1998 to permit the Operator to provide
rides only at the E1 Camino Street Fair and Chili Cook Off.
NOW THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions contained herein, the parties agree as follows:
AGREEMENT
1 :, :- Employment of Operator
Upon the terms and conditions set forth in the Agreement, City hires operator to
provide services at Tustin Tiller Days and E1 Camino Street Fair and Chili Cook Off.
The term of this agreement shall be for one (1) year with two (2) extensions for (1) year
unless terminated by either party. This agreement shall be automatically renewed in 2000
and 2001 unless terminated by either party by written notice at least ninety (90) days
prior to the.schedUled event date. If the agreement is terminated, no renewal or extension
shall be as§umed for a subsequent year.
2. - Compensation
Oi3er'ator agrees to pay City seventeen percent (17%) of the gross receipts,' which is 17%
of the income derived form carnival fides up to eighty-five thousand dollars ($85,000),
twenty two percent (22%) of all ride receipts beyond eighty-five thousand dollars
($85,000) up to one hundred and ten thousand dollars ($110,000) and twenty seven
percent (27%) of all ride receipts beyond one hundred and ten thousand dollars
($110,000). Operator may provide up to a maximum of thirteen (13) game booths and
agrees to pay the City fifty dollars ($50) for each game booth. Operator may provide up
to a maximum of four (4) food booths and agrees to pay the City one hundred dollars
($100) per food booth. Operator n'iay provide up to a maximum often (10) vendor
booths and agrees to pay the City fifty dollars ($50) per vendor booth.
3. Agreement remains in effect - Except as specifically amended herein, all c~ther
terms and conditions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed
on the dates hereinafter respectively set forth.
"City"
CITY OF TUSTIN
Dated:
Mayor
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey ~ ~
City Attorney
"Operator"
HASSF/ & DAVIS ENTERTAINMENT,
Dated: ~
Name:- ~
Title: {~ ~ ~ ~'~'~,~