REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Stadium Manager's Request to Execute a Second Amendment to the Concessions Operating Agreement with Levy Premium Foodservice Limited Partnership
Report
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi's Stadium
BACKGROUND
The Forty Niners Stadium Management Company (the "Stadium Manager") and Levy Premium Foodservice Limited Partnership (the "Concessionaire") entered into a Concessions Operating Agreement, dated February 20, 2018, as amended by a First Amendment dated June 1, 2021 (collectively the "Agreement"), under which the Stadium Manager granted the Concessionaire the right to provide certain food, beverage and catering services at Levi's Stadium in Santa Clara, California (the "Stadium").
The Agreement stipulates the Concessionaire shall provide all Food and Beverage Services in a professional, "First Class" manner. First Class means that Concessionaire's services shall be of the highest quality offered in NFL stadiums, commensurate with the current standards at three (3) top-quality NFL stadiums and in accordance with: 1) the terms of this Agreement; 2) all applicable legal requirements; 3) all reasonable standards established from time to time by the Manager relating to health, safety, quality, design, operating matters, and customer satisfaction (i.e. fans) and; 4) all rules and regulations imposed by the Stadium Manager relating to the use of the Stadium.
The Concessionaire is also required to provide sufficient inventory of Refreshments at the Stadium, and at each point-of-sale within the Stadium operated by Concessionaire, in order to fulfill Concessionaire's obligations to provide the Food and Beverage Services for the entirety of each Event at the Stadium. The Concessionaire acknowledges and agrees that Concessionaire shall maintain inventory (at all times, at each location selling such items) of the top five revenue generating items in each of the Food, Alcoholic Beverage...
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