The URL can be used to link to this page

Home My WebLink AboutAgenda Report - December 18, 1991 (51)'\ •of CITY OF LODI COUNCIL COMMUNICATION P' AGENDA TITLE: Renewal of Agreement Between City of Lodi and Big MEETING DATE: December 18, 1991 PREPARED BY: City Attorney &D ACTION: Council. consi~��-8�R 81f attached iease.,with 6 I Val ley, ,t• BACKGROUND INFORMATION:The Big .Valley Mdel R__ailroade ors c executed. a jjj5 �jj the City for spjeg �fi Jig Forum. The basement. of the Carneg. ape. The c urpose was n of a .model raiIroad :,land p b has used 888 s�'8 gee ire F.The :lease expired on ,October 31, 1991. and it i the desire of the moc railroad.club.to. extendthe arrangement: Thepears to be no immedi& Ther need by :the City for this space, so the .Couni may wish to authorize new lease. od as has been done The attached draft lease covers -another 4 -year p ew minor modificatior�ih the past and is similar. to the former -lease with ; 1 The club has paid $75:00"per months a 1981. The new lei increases.. `figure'to, $100.00 a moi � and allows annjj 2. Insurance limits have been increased to cover inflation since the lease was originated. 3. Cleanup language was inserted making it clear that either ar cg l on t rmiajj� Jhge 1� � Jq w �jy§ ritttn notiCgs with or wi�nou "cause. " "" �� FUNDING: None Required. Respectfully submitted, Bob McNatt� - City Attorney APPROVED: ._' r�rrrw•a.v. rgCyCted IpttDer OC -1 BIGVAL/TXTA.01V AGREEMENT LEASE OF CARNEGIE FORUM BASEMENT "CENTER ROOM" FOR BUILDING AND OPERATING A MODEL RAILROAD THIS AGREEMENT, entered into this day of 1991, by and between the CITY OF LODI, a municipal corporation, hereinafter called City, and BIG VALLEY MODEL RAILROADERS, hereinafter called Lessee. WITNESSETH: WHEREAS, City owns the premises commonly known as Carnegie Forum, located at 305 West Pine Street, Lodi, California; and WHEREAS, Lessee desires to use the premises to carry on a program of building and operating a scale model railroad; NOW, THEREFORE, it 1s hereby mutually agreed by and between the parties hereto as follows: 1. City agrees that Lessee may use the basement "Center Room" of the premises commonly known as Carnegie Forum, owned by the City of Lodi. The use of said premises by Lessee is for the purpose of carrying on a program of building and operating a model railroad. AGRSIGVAJTXTA.OIV -1- 2. The term of this Agreement shall be for a period of years commencing November 1, 1991 and ending at midnight on October 31, - This agreement may be terminated by either party hereto, with or without ca,ase, upon thing daLy-s written netiee to t -he ether: g 3. City assumes no responsibility by this Agreement or otherwise, upon termination of this Agreement pursuant to paragraph 2 hereof or otherwise, to provide or find n®tfhwt f4c-111ty t®rr 1 f4. Neither City nor Lessee is under any obligation to re -lease upon r termination of this Agreement pursuant to paragraph 2 hereof or otherwise. 5. Upon termination of this lease, Lessee shall be responsible to remove all equipment and/or other material which they have placed in and upon the premises. 6. Lessee agrees to pay City a monthly rental of $100.00 per month, as of and from the first day of each month, commencing January 1, 1992. Lessee has heretofore paid Lessor for the months of October, November and December 1991. The rent specified herein shall be increased or decreased annuaily on the anniversary date of this Agreement in an amount equal to the change in the Consumer Price Index for the San Francisco region. 7. Utilities are included in the agreed-upon monthly rental rate. 8. Lessee agrees to accept said premises in an "AS IS" condition. AG88I GVA/T,JA . 01 V -2- x 9. Lessee agrees to maintain in full force during the term hereof a t policy of Comprehensive General Liability insurance, and must complete a formal "Agreement Assuming Risk of Injury Damage - Waiver and Release of Claims" form. The liability insurance shall contain an Additional Named } Insured Endorsement naming the City of Lodi as an additional insured, and under which the insurer agrees to indemnify and hold the City of Lodi harmless from and against all costs, expenses, and liability arising out 1 of, or based upon, any and all property damage, or damages for personal injuries, including death, sustained in accidents occurring in or about the demised premises; where such accident, damage, or injury, including death, results or, is claimed to have resulted from any act or omission on the part of Lessee or Lessee's agents or employees in the implementation of this Agreement. The minimum limits of such insurance shall be $100,000 bodily injury and $1,000,000 property damage. In addition to the Additional Named Insured Endorsement on Lessee's policy of insurance, said insurance policy shall be endorsed to include the following language: "Such insurance as is afforded by the endorsement for the additional insured shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the coinsurance afforded by this endorsement." A duplicate or certificate of said bodily injury and property damage insurance containing the above -stated required endorsements shall be delivered to the Assistant to the City Manager after the issuance of said AGRBIGVA/TXTA.OiV -3- t /1 policy with satisfactory evidence that each carrier is required to give the City at least 30 days prior notice of the car,cc l let -ic r cr r,�cia:.tion in coverage of any policy during the effective period of this Agreement. The insurance certificate must identify on its face or as an endorsement, what it is insuring. A duplicate or certificate of said insurance must be in the City's hands at the time of the execution of the lease agreement. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. This paragraph and all other provisions of this Agreement shall apply and be construed as applying to any subtenant of Lessee. NOTE: Lessee agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government. Code Section 810 et sEq.). "Claims made" coverage requiring the insured's to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. 10. Lessee agrees that any repairs by Lessee or Lessee's agents cr employees must be undertaken only after approval by the City Manager of the City of Lodi or his designee. AGRBIGVA/TXTA.0IV -4- P r IN WITNESS WHEREOF, th2 parties hereto have hereunder set their hands the date and year first above written. CITY Approved As To Fane: BOBBY W. McNATT City Attorney LESSEE BIG VALLEY MODEL RAILROADERS By AGRBIGVA/TXTA.OIV -5- IN WITNESS WHEREOF, th2 parties hereto have hereunder set their hands the date and year first above written. CITY Approved As To Fane: BOBBY W. McNATT City Attorney LESSEE BIG VALLEY MODEL RAILROADERS By AGRBIGVA/TXTA.OIV -5-