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HomeMy WebLinkAboutAgenda Report - January 2, 1992 (53)CIN OF LODI @94WIL @@MMYN1f5Afi1@N AGENDA TITLE: Extension By Lessee Lodi Grape Festival of Lease For City Property at Lcdi Stadium and Lawrence Park MEETING DATE.: January 2, 1992 PREPARED RY: City Attorney RE00IME DED ACTION: Information only. BADKGROUND INFORMATION: On October 7. 1963 and March 20, 1965 respectively, the City of Lodi leased to the Grape Festival and Wine Show, certain property at the Lodi Stadium and in Lawrence Park. These leases were for 7 and 10 years respectively. Both leases contained a provision giving the lessee the option of extending the lease for one 10 -year period. The Grape Festival Board of Directors has now chosen to exercise that option on both leases. Attached is a letter dated November 21, 1991 indicating that desire. All terms of the existing leases would remain the same, since the lessee has an absolute right to extend the leases for the 10 -year period on the terms specified. FUNDING: None required. Respectfully submitted, BM/vc APPROVED t4a City Attorney THOMAS A PETERSON City Manaw %it FOCVC*d DAPW FESTIVAL/TXTA.CIV cc -1 CITY CLERK November 21. 1991 City of Lodi Re: Extension of leases for Call Box 3006 Stadium Parking lot and Lodi, CA 95241 Lawrence Park Gentlemen: Pursuant to the lease between the City of Lodi and the Lodi Grape Festival and National Wine Show Inc. dated October 7, 1983, for use of the Lodi Stadium property, and the lease between the City of L,, -)di and the Lodi Grape Festival and National Wine Show, Inc. dated March 20, 1985, for use of the Lawrence Park property, please be advised that the Lodi Grape Festival and National Wine Show, Inc. wishes to exercise its option to extend these leases for a period of ten t10) years, commencing September, 1992, and ending September, 2001. Please consider this letter as a formal request for the aforementioned extension. Sincerely, i raeme A. tewartf CFE D nn Thompson, P esi tint General Manager Board of Directors PaS1 Off i:e H« -N %%4K ' 1 %idl. c :i Iti,tr 11i:i yS241 t 0 2 [) 9) 169.2 7 7 1 . n1v COUN(_11 E v. LVN m OLSON. Mayor JOHN Ft (Randy)S11DER Mayor Pro tempore ROBERT G MURPHY TAMES W PINKERION If FRED M REED r" - CITY OF LODI CIIV tfAti. 221 wit ,i rink yTRttI POST OFF BOX )28 LODI. CALIFORNIA 45:41 PM) 314.5614 .83 Lodi Grape Festival and National Wine Show, Inc. 413 East Lockeford Street Lodi, California 95240 Gentlemen: HJ NKA n Ct ArF S 11 C R► Mina"r Jkl oo Al fa mi[Ht (ow E6rl RONAlD M S7 11% Crty Atto'ne► THIS LETTER AGREEMENT, is made and entered into by and between the Lodi Grape Festival and National S'iiRQ Show, Inc. of Lodi, California (hereinafter referred to as GRAPE FESTIVAL) and the City of Lodi, a municipal corporation (hereinafter referred to as CITY). Whereas the Lodi City Council at its regular meeting held June 15, 1983 approved an Agreement between GRAPE FESTIVAL and CITY for use of the Lodi Stadium property, GRAPE FESTIVAL is desirous of, and CITY agrees, that CIT'e do certain improvements to the stadium parking area, a description of which property is attached hereto as Exhibit "A" and incorporated herein by reference. Specifically, GRAPE FESTIVAL is desirous of CITY adding to said property, fencing. drainage, lighting, grading, and paving of said parking area. In consideration Of CITY constructing said improvements, GRAPE FESTIVAL shall contribute Twenty Thousand Dollars ($20,000) towards costs of said improvements. Said Twenty Thousand Dollars shall be payable upon the completion of the above-mentioned fencing, drainage, lighting, grading and paving improvements. In this regard, GRAPE FESTIVAL shall open and deposit Twenty Thousand Dollars into a joint savings certificate with CITY, in a bonafide savings institution, and said savings certificate shall be held by CITY until the completion of said improvements, whereupon Twenty Thousand Dollars from said savings certificate shall be payable to CITY toward the costs of said improvements, and the balance of said account shall be retained by GRAPE FESTIVAL. : 'M It is understood that said improvements shall be completed by CITY on ar before April 15, 1994. However, in the event inclement weather or other unknown factors beyond the control of CITY delay the completion of said improvements beyond the April 15, 1984 proposed completion date, then this Agreement shall remain in full force and effect and shall not be considered void because of such delay. IN WITNESS WHEREOF, the parties hereto have hereby set their hands this 7th day of October , 1983. ATTEST: CITY C RK CITY OF LODI, a municipal corporation 01 14AYOR LODI GRAPE FESTIVAL AND HAT-;&N4L WINE SHOW, Inc. By GENERAL MMAGER I n A SA Lu x 3 1 d - W:: as �. YY. i�_:c']'SSZ�.^ ^•7 +Ou TP-i:S ouv qo, G;2a'-. uo; TaTcat aso �d 3861 ' Si i'zidV aq,4 puoXaq s�uaatanoxd�n '' ^,.:.'O3 ar1, {2-40 Tp '-O='4uao at : w •� %1 _ .--m .; tiUaC -- c 3^i?'v:! ..i:;�-aTOUT TUaAQ 7 LEASE THIS LEASE, entered into this 7th day ofOctober -" 19_$3• by and between CITY OF L061, A 0 0. unic ipa 1 corporation of the County of San Joaquin, State of California, Lessor. and LODI GRAPE FESTIVAL AlgD NATIONAL WINE SHOW, a corporation duly organized and existing under and by virtue of the laws of the State of California and having its principal place of business in the County of San Joaquin, State of California, Lessee. WITNESSETH: That for and in consideration of the rent to be paid and the covenants to be faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Lodi Stadium property, as shown on Exhibit 'A', attached hereto and '=._orporated herein by reference, situated in Pioneer Park in said City of Lodi, together with all bleachers, dressing rooms, and structures used in connection therewith and any and all equipment used in connection therewith. That certain contract dated January 7, 148, by and between the parties hereto and concerning said property is hereby terminated. The period for which said stadium, structures and equipment are so leased. are for such one of the weeks of the month of September of each year, as Lessee may select. The term or this lease shall be for a period of ten (!0) years. with option for ten (10) additional _1- years, commencing September of the year 1983 and ending with September of the year 1992. This lease may be extendreid=adaf-;tton 4d'04r _years~ pconi.ded that the: TPSSPe " nbtlbes itAe mgi�ssdr r4vtetiis^_:iTitenl--Iom.-tO exercise. tr-is oj*1, --&rs&-paps the rental . on or before January 15 o f • each: year, .. It is understood -and agreed that the term "week" as herein used shall mean Monday through Sunday of any week of September as Lessee may select for the said term or period, commencing with September of the year 1983 and ending with September of the year 1992. It is understood and agreed that on or before July 1st of each of said years during the life of this contract, Lessee shall notify the City Clerk of said City of Lodi, in writing of, and in such notice shall state, which of said week- of the then ensuing year the Lessee desires for the use by Lessee of said stadium. It is further understood and agreed that for any performances Lessee desires to conduct, Lessee shall pay to Lessor for the use of said stadium, equipment and personal property in connection therewith, the current rate for all electricity actually used each year during such respective use and/or in preparation therefor. It is understood and agreed that any energy charges as may become.due to Lessor hereunder shall be paid to Lessor by Lessee on or before the end of the current year in which incurred. -2- t— It is further understood and agreed that within three (3) days after such performances as Lessee may . tdortngfsaid, term, -Lessee .shall clean up the.said xatagLiaw- krP-rdmori-icng -therefroma-1V -debris .which Lessee ''1M1bf�tcrave ceased'.:ta -be in or- upon : the said Stadium Pr'oPert, because of such performance. It is.by mutual agreement that the Lodi. Grape Festival Association during its regular yearly Festival Show held in September may have excLkIsive use of the aforedescribed property for parking and other uses as may be consistent with its program and retain all revenues derived from said use. At other times, for special events, Lessee may be granted permission for use of Section 2 of Exhibit "A", after Lessee hAS requested use of the area through the Recreation and Parks Department. Lessee shall retain 75% of all revenues derived from any use of Section 2 of Exhibit *A' granted by this lease, on the first sax uses per year, and 50% on all other uses, not including the use by Lessee of the property during the Grape Festival, wherein Lessee shall retain all revenue from Section 2, Exhibit "A". The remaining revenue from Section 2 of Exhibit "A" shall be retained by Lessor. Lessee agrees that it will not commit nor suffer to be committed any waste or damage to or upon said Stadium, s,ructures or equipment during such time or times as it mai' use° said Stadium, structures and equipment during t -he life of this lease, reasonable use and wear and damage by the elements excepted. - I - t— Lessee covenants and agrees to indemnify and save Lessor free and hatmless from any and all liability of -aaaWdd=u1bi=raha eW for 4- e ter„ injur17-:to�-pereons or 4zMmpertyntha.VrWaV--or miqe. withiW the16�-rea covered rb t�)e witbiinslease, and for 'thio purpose, 'isessee shall .Lurnish to Lessor a certificate of insurance certifying that the City of L041, is named as an additional insured on a public liability policy with limits of $500,000.00/$1,000,000.00. It is understood and agreed that Lessee shall not assigr. anis lease or sublet all or any part of said leased premises or equipment without the written consent of the Lessor First had and obtained, and neither this lease, nor any interest therein shall be assigned or assignable, either by operation of law or otherwise. It is further understood and agreed that if Lessee should fail to pay any of the rentals herein reserved or any p<krr thereof, or any of said electrical energy charges as the same shall fall due hereunder, Lessor may at its option, terminate this lease and all the rights of Lessee after giving to Lessee at least thirty (30) days written notice of such termination. This lease and all the terms and conditions hereof shall inure to and bind the successors and assigns of Lessee subject to all the terms and conditions hereof, Lessee, however, not to have the right to assign this lease without the Written consent of Lessor first had -5- It is understood and agreed that Festival shall provide and have control of all concessions, such as but a ,xljaitsdct2Kr,&MzdM tof aben. :soft, ,Aminks,�,ecandies, pe4+mtsy dcgs,c:se&t 1, -ca* tions, -parking. broadcasting endtncmc"aions: -:Of %T1ik1-_,- kind, .,- shall, during all performances which may be held hereunder by the Lessee, be under the exclusive control and supervision of Lessee and Lessee shall be entitled to retain all revenue made therefrom. Lessee may in Lessee's discretion contract with third parties to provide such concessions. The rental fee shall be $1.00 per year, plus Lessee shall pay for the electricity, clean up, garbage removal and a payment to the City of $0.35 (Thirty -Five Cents) per each paid gate admission that enters the Stadium, if an admission fee is charged. It should be noted that if utilities beyond the standard service available aze required, the additional cost is to be borne by the Lessee. -5- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and entered into this lease in W � I� $ Y A4d ypar ksrpin 4iarat La- peanuz:;,, nC. aoc , Seat C::SnionL, Darninc:c- ATTEST: CITY CLERK CITY OF LODI, a municipal corporation By_ MAYOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW. INC. -6- GENERAL MANAGER ©i _G7: >j�7iIG� •� N LKl- t�t t I •r.u.[ f (.•s C. da rt f ++ l 1 t�t t I II t l tt 1} 1) +1 I t } ct � 1+ �1 rp �.... -r dlJ' +•-,." ff.� LEASE Wit. , e^r ' i ((� • _"_'_ ! l THIS LEASE, entered into this 20th day of ltaxcis" -f"'z '14 =----E by;10- 'betveom-eHY -oF_LODI, a_municipal corporation -of tlh"Quoty oe-7ss—ai 3.vaquii�, State of California. LESSOR. and L 0 W CRAPE FESTIVAL AND NATIONAL WINE SHOW. a corporation duly organized and existing under and by virtue cf the lays of the State of California and havinp its Principal place of business in the County of San Joaquin. State of California. LESSEE. WITNESSETH: That for and in consideration of the rent to be paid and the covenants to be faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Laurence Park property, as shown on Exhibit 'W', attached hereto and incorporated herein by reference. situated in Pioneer Park in said City of Lodi, together vith all structures used in connection therevith. The period for which said Park and Structure is so leased, is for such one of the veeks of the month of September of each year, as Lessee may select. The term of this lease shall be for a period of seven (7) years. with option for ten (10) additional years, commencing September of the year 1985 and ending vith September of the year 1992. This lease may he extended for ten (10) years. pro- vided that the Lessee notifies the Lessor of his intention to exercise this option and pays the rental on or before January 15 of each year. It is understood and agreed that the term "week" as herein used shall mean Monday through Sunday of any veek of September as Lessee may select for the said term or period, commencing with September of the year 1985 and ending with Septem- ber of the year 1992. it is understood and agreed that on or before July 1st of each of said Fears during the life of this contract, Lessee shall notify the City Clerk of said City of Lodi in writing of. and in such notice shall stat., which of said weeks of the V then ensuring year the Lessee desires for the use by Lessee of said Park. It is understood and agreed that any energy charges as may become due to Lessor hereunder shall be paid to Lessor by Lessee on or before the end of the 44V* --4-%W , - _ current year in which incurred. i111fxI-URUerroaderstood and -agreed. that within three _(3) days after such aseaas B*sve*n"#Tioadutt during�,Oafd terra, Lessee shall clean up the said Park byr,temoving therefrom all debris which Lessee may have caused to be in or upon the'said Park Property because of such use. It is by mutual agreement that the Lodi Crape Festival Association during its regular yearly Festival Sha+ held in September may have exclusive use of the aforedescribed property for RV parking and other uses as may be consistent vith its program and retain all revenues derived from said use. �{ At other times, for special events. Lessee may be granted permission for use of said Park after Lessee has requested use of the Park through the Recreation and Parks Department. Lessee shall retain 75% of all revenues derived from any use of Lawrence Park granted by this lease. on the first six uses per year. and 50% on all other uses, not including the use by Lessee of the property during the Grape Festival wherein Lessee shall retain all revenue from use of said Park. Lessee agrees that it will not commit nor suffer to be committed any waste or damage to or upon said Park and structure during such time or times as it may use said Park and structure daring the life of this lease, reasonable use and wear and damage by the elements excepted. Lessee covenants and agrees to indemnify and save Lessor free and harmless from any and all liability of any kind or character for damage or injury to persons or property that may or might occur within the area covered by the within lease, and for this purpose. Lessee shall furnish to Lessor a certificate of insurance certi- fying that the Citr of Lodi is named as an additional insured on a public liability policy with limits of *500.000.00/$1.000.000.00 It is understood and agreed that Lessee shall not assign this lease or sublet all or a -,%v part of said leased premises or equipment without the written consent of -2- r the Lessor first had and obtained, and neither this lease, nor any interest therein shall be assigned or assignable, either by operation of lav or otherwise. It is further understood and agreed that if Lessee should fail to pay any of curreu:. }, tore rer►tals herein•reserved or any part thereof. or any of said electrical energy it 's on,* 1h31 h•1 •}'T'. - ., C. - charges as the same shall fall due hereunder. Lessor may at its option. terminate us- aS LvFr.(`- -.rt&-. ..r C._. - _ - ' . 'C.. . . -c_ _, :.. this lease and all the rights of Lessee after giving to Lessee at least thirty (30) .. T I days written notice of such termination, This lease and all the terms and conditions hereof shall inure to and bind the successors and assigns of Lessee subject to all the terms and conditions hereof. Lessee, however, nut to have the right to assign this lease vithout the written consent of Lessor first had and obtained. it is understood and agreed that Festival shall provide and have control of all concessions. such as but. not limited to sale of beer. soft drinks. candies. peanuts, hot dogs. parking and concessions of like kind and shall, during all uses, be under the exclusive control and supervision of Lessee and Lessee shall be entitled to retain all revenue made therefrom. Lessee may in Lessee's discretion contract with third parties to provide such concessions. The rental fee shall be 51.00 per yeas, plus Lessee shall pay for the electri- city, clean up. garbage removal. It should be noted that if utilities beyond the standard service available are required, the additional cost is to be borne by the Lessee. l IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and entered into this lease in duplicate the day and year herein first above written. the tentais herein rrsrr•: •_ �. cnarges a -c the Sarni• afla.. ..... n. . ATTEST: CITY CLERK CITY OF LODI. a municipal corporation By MAYOR LODI GRAPE FESTIVAL AND NATIONAL WISE SHOW. INC. By By PRESIDEST GENERAL MANAGER M IS 'r• R:a1t? L': l•.•t.tf il.••t-�� O •� �y+l ■ � s ^ 1 fi Q f�-4s PION '�~-�---------------__ _-----------_ --y� �.�. t •:•:..:ate• c ��----------------------------•-- - a;E • `-� - -� r=_x=' - - '- - - - - � - .� �� iii .. � � :�� �n a 0 R A 5 c M A �+ _ Q p a ! L Ii STADIUM' PROP QTY �. �=��•�',; �.`�•.� Ah MK S t Z .s 1 ! (1 ------ prt ■i lts 1 11 ! ! • ` � M N�MNII..... , 1 � s■r• ■. y.. w: w I- A µ, R E November 21, 1991 City of Lodi Rf-: Extar.si�n of leases for Call Box 3006 Stadium Parking lot and Lodi, CA 95241 Lawrence Park Gentlemen: Pursuant to the lease between the City of Lodi and the Lodi Grape Festival and National Wine Show Inc. dated October 7, 1983, for use of the Lodi Stadium property, and the lease between the City of Lodi and the Lodi Grape Festival and National Wine Show, Inc. dated March 20, 1985, for use of the Lawrence Park property, please be advised that the Lodi Grape Festival and National Wine Show, Inc. wishes to exercise its option to extend these leases for a period of ten (10) years, commencing September, 1992, and ending September, 2001. Please consider this letter as a formal request for the aforementioned extension. Sincerely, 1 raeme A. ewart, CFE nn Thosat3son, s en"t lU General Manager Board of Directors' Post Of f i c e Box 948 • I. o d i, Cal l i for n i a 9 5 2 4 1 ( 209)-369-277 1 CITY COUNCIL (AMES W PINKERTON, Maya PHILLIP A. PENNINO mayp Pro UWVWe W D M. HINCHMAN TACK A SIEGLOCK pHN R. (Randy) SKMER CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LORI, CALIFORNIA 95241-1910 (209)333-5634 FAX 1244) 11340" January 7, 1992 Mr. Graeme A. Stewart, CFE General Manager Lodi Grape Festival and Harvest Fair P.O. BOX 848 Lodi, CA 95241 Dear Graeme: THOMAS A. MERSON Ciry Manager ALICE M. REIMCHE City Clerk BOB WNATT City Att4mey Please be advised that the Lodi City Council at its meeting of January 2, 1992 approved your request to extend the Lodi Grape Festival and National Wine, Inc. lease dated October 7, 1983 for use of the Lodi Stadium property and the lease between the City of Lodi and the Lodi Grape festival and National Wine Show, Inc. dated March 20. 1985 for use of the Lawrence Park property. These leases have been extended for a period of ten (10) years, commencing September, 1992 and ending September. 2001. A copy of your November 21, 1991 letter requesting these extensions is attached indicating the City Council's approval. Should you have any questions regarding this matter, please do not hesitate to call. AMR/jmp Attachment Very truly yours, Actet Ii' e M. Reim City Clerk City of Lodi Call Box 3006 Lodi, CA 95241 Gentlemen: QI r7C 12 ?.'111: rg -CITY CLERK November 21, 1991 Re: Extension of leases for Stadium Parking lot and Lawrence Park Pursuant to the lease between the City of Lodi and the Lodi Grape Festival and National Wine Show Inc. dated October 7, 1983, for use of the Lodi Stadium property, and the lease between the City of Lodi and the Lodi Grape Festival and National Wine Show, Inc. dated March 20, 1985, for use of the Lawrence Park property, please be advised that the Lodi Grape Festival and National Wine Show, Inc. wishes to exercise its option to extend these leases for a period of ten (10) years, commencing September, 1992, and ending September, 2001. Please consider this letter as a formal request for the aforementioned extension. Sincerely, r eme A. ►art, CFEfl— nn Thamps4n,9 General Manager Board of Directors - APPROVED BY THE LODI CITY COUNCIL AT ITS MEETING OF JANUARY 2, 1992 Alice M. Re' imche City Clerk Post nffirr It 11 t'0r nia 95241 - { 2 91 69•:771