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HomeMy WebLinkAboutAgenda Report - September 1, 2010 D-08AGENDA ITEM 4% CITY OF LODI ,. COUNCIL COMMUNICATION im AGENDA TITLE: Adopt Resolution Approving the Master Lease Agreement with the Lodi Grape Festival and National Wine Show Association for Use of Various Festival Ground Facilities ($21,000) (PR) MEETING DATE: September 1,2010 PREPARED BY: Interim Parks and Recreation Director RECOMMENDEDACTION: Adopt resolution approving the master lease agreement with the Lodi Grape Festival and National Wine Show Association for use of various festival ground facilities for amount not to exceed $21,000. BACKGROUND INFORMATION: The Parks and Recreation Department has leased facilities from the Lodi Grape Festival and National Wine Show Association for more than 40 years for various indoor and outdoor programs. The proposed agreement includes use of the Grape Pavilion, Cabernet Hall, and an area known as the soccer field. Management of the Lodi Grape Festival has also been quick to accommodate the City's needs when other space and/or facilities are required. The term of the agreement is one year, commencing on July 1, 2010 and ending June 30,2011. The terms and conditions are consistent with those of the previous agreement. The annual lease payment is $21,000. Staff recommends approving the use agreement, which provides facilities for youth and adult basketball, soccer, and other miscellaneous programming. There are no suitable alternative sites. The City Attorney has approved the agreement as to form. FISCAL IMPACT: $21,000 from the Recreation Fund, the majority of which is generated from user fees. FUNDING AVAILABLE: Account#346011.7321 —2010/11 Recreation Administration Operating Budget Jordan Ayers, Deputy City nager cc: City Attomey d=j;R1m0';s- M. Rodems ' Interim Parks and Recreation Director APPROVED: KoriracYt dam, Interim City Manager AGREEMENT NO. RA -111-10 INTERIM USE RENTALAGREEMENT LODI GRAPE FESTIVALAND NATIONALWINE SHOW FACILITIES THIS AGREEMENT made this 30th of June, 2010, at Lodi, County of San Joaquin, State of Califomia, by and between the LODI GRAPE FESTIVALAND NATIONAL WINE SHOW, INC., a non-profit corporation, hereinafter called the Festival, and CITY OF LODI hereinafter called the Renter. REC-EIVED WITNESSETH: 1. Permission is hereby granted to the Renter to use the following described propRf�tl ��t� for a period beginning JULY 1, 2010 and ending JUNE 30. 2011 upon the conditions, ag hereinafter set out in this agreement and in attached ExhibitA. 2. The description of the premises of the Festival, located in Lodi, County of San Joaquin, State of California, permitted to be used is described as: CABERNET HALL, THE EAST FIELD AND THE GRAPE PAVILION. 3. Renter hereby agrees to pay the Festival for the use of said premises as follows: $21,000.00 (TWENTY ONE THOUSAND DOLLARS) FOR RENTALOF FACILTIES A5 OUTLINED I N ATTACHED EXHIBIT A. Payable as follows: $21.000.00 (TWENTY ONE THOUSAND DOLLARS) AND RETURN OF SIGNED CONTRACT DUE ON OR BEFOREJULY 1,2010. SEE EXHIBIT "A" ATTACHED, THE CONTENTS OF WHICH ARE MADE A PART OF THIS AGREEMENT BY REFERENCEAS THOUGH FULLY INCORPORATED HEREIN. 4. Said premises shall be used for PARKS AND RECREATION PROGRAMS and for no other purpose without the written consent of the Festival first had and obtained, Renter agrees to comply with all ordinances, statutes, rules and regulations applicable to the conduct or operation of the activities of Renter herein permitted to be conducted. Renter shall provide adequate security to maintain order in and about the premises permitted to be used herein or to which necessary or expedient access has been granted at all times during the use of the premises herein permitted to the Renter. Renter shall not permit a breach of the peace or any unlawful act or omission by any person. 5. Renter agrees to maintain the premises herein permitted to be used and other portions of the premises of the Festival to which it, its employees, agents, licensees or any member of the public has access to by reason of this agreement in good condition, reasonable wear and tear, damage by the elements, act of God, or casualties beyond the control of Renter only excepted and Renter agrees to return said premises in the same condition as the premises were before use of the same was permitted hereunder, ordinary wear and tear, damage by the elements, acts of God, or casualties beyond the control of the Renter excepted. The Festival shall have the privilege of inspecting the premises covered by this agreement at any or all times. 6. Renter shall provide Festival with an original certificate of liability insurance with original signature, naming the LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, INC., the COUNTY OF SAN JOAQUIN, the STATE OF CALIFORNIA, their AGENTS, DIRECTORS, OFFICERS, SERVANTS AND EMPLOYEES as additional insured insofar as the operations under this agreement are concerned. The amounts of public liability coverage shall not be less than $1,000,000.00/$1,000,000.00 and the amount of property damage coverage shall not be less than $1,000,000.00, neither coverage to involve a deductible feature. Said certificates shall contain a statement by the insurance company that it will not cancel said policy or policies without giving 30 days prior written notice to the Festival. 7. This agreement shall not be assigned in whole or in part nor may any right hereunder granted to Renter be granted in turn to any person without the written consent of the Festival first had and obtained. Initials: Initials: Initials: Lodi Grape Festival City of Lodi, Schwabauer City of Lodi, Rodems Initials: City of Lodi, Johl Initials: City of Lodi, Bartlam CITY OF LODI PAGE 2 RA -111-10 8. The Festival may terminate this agreement and be relieved of any further performance if Renter fails to perform any covenant herein contained at the time and in the manner herein provided, which said right shall be cumulative to any other legal right or remedy. Notwithstanding anything herein contained to the contrary, this agreement may be terminated and the provisions of this agreement may be altered, changed or amended, by mutual consent of the parties hereto. 9. The parties hereto agree that the Renter in the performance of this agreement shall be an independent contractor and shall not be an employee of the Festival. 10. Time is of the essence of each and all the provisions of this agreement and the provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 11. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 12. All safety orders of the Division of Industrial Safety, Department cE Industrial Relations, must be strictly observed. 13. NOTICE, Pursuant to Sec. 107.6 Calif. Rev. & Tax Code. Renter recognizes and understands that this tenancy may create a possessary interest subject to property taxation and that the renter may be subject to the payment of property taxes levied on such interest. 14. Additional provisions, if any, and/or alterations to existing provisions contained herein, shall be attached to this agreement and marked "EXHIBIT A". Such attached sheets when properly signed by both parties become a part of this agreement and shall be binding upon the parties hereto. N WITNESS WHEREOF, this agreement has been executed in duplicate by and on behalf of the parties hereto, the day and year first above written. LODI GRAPE FESTIVAL NATIONAL WINE SHOW, INC. P.O. BOX 848 N 413 E. LOCKEFORD ST. LODI, CA 95241 (209) 369-2771 By: MARKA. ARMSTRONG GENERAL MANAGER APPROVE AS TO FORM: BY: D. STEPHEN SCHWABAUER CITYATTORNEY QTY OF LODI, a municipal corporation 125 N. STOCKTON ST. LODI, CA 95240 (209) 333-6800 By: J I M RODEMS DIRECTOR, PARKS & RECREATION By: KONRADT "RAD"BARTLAM INTERIM CITY MANAGER ATTEST: BY: RANDI JOHL CITY CLERK INTERIM CONTRACT RA -111-10 EXHIBIT "A" 1. Festival does hereby lease to Renter Cabernet Hall, the Grape Pavilion and the East Field for programs sponsored by and conducted under the supervision of the City of Lodi Parks and Recreation Department on the Lodi Grape Festival grounds situated in the City of Lodi, County of San Joaquin, State of California. Festival grants Renter the nonexclusive right to utilize necessary parking lot space and access routes to the buildings which are necessary to conduct its recreation program. 2. Renter's use is limited to the following: GRAPE PAVILION: Grape Pavilion shall be reserved for Renter's use approximately October 4, 2010 through March 15, 2011 unless other dates are established by mutual written agreement prior to October 1,2010. The hours Renter may use the Pavilion shall be: Monday through Friday 5p.m. to 11p.m. Saturday 7 a.m. to 1 a.m. Sunday Sunday 7a.m. to 11p.m. (Renter shall use the weekend schedule on legal hol/days failing on weekdays) Festival reserves the right to rent Pavilion for basketball practice Monday through Friday until 5 p.m, and Renter shall be pre-empted from the building on the following dates: Wednesday, December 8 through Sunday, December 12, 2010, Friday, January 28 through Sunday, January 30,2011, and Friday, March 4 through Sunday, March 6,2011. Late night basketball is permitted on Saturday, January 29, 2011 and Saturday, March 15, 2011 but may not begin until after 9 p.m. In the event Festival schedules use of the Pavilion to another user, that user or the Festival will immediately thereafter provide custodial care and/or maintenance of the Pavilion in order to return it to Renter in satisfactory condition for Renter's continued use. CABERNET HALL: Cabernet Hall shall be reserved for Renter's use from October 1,2010 through August 15,2011 on Mondaythrough Thursday 4:30 p.m. to 11p.m. Usr of Cabernet Hall is reserved by the Festival on Fridays, Saturdays and Sundays, and on Tuesday, Wednesday and Thursday mornings in the third week of each month for use by San Joaquin County for surplus food distribution. Renter may make request to Festival for special use on these days. EAST E=: The East Field shall be reserved for Renter's use from October 15,2010 through April 15,2 011 on Monday through Friday from 4 p.m. to 11 p,m. Festival reserves the right to pre-empt Renter when other events may conflict. Renter will provide no less than one (1)portable restroom for its own use and will provide daily pickup of trash in the East Field area during the lease period. In exchange for use of East Field, Renter will mow field lawn every third week during the winter months (October 15through April 15), and every week during the summer months (April 16through October 14). 3. It shall be the responsibility of the Renter to provide sufficient personnel to monitor crowd control, including policing of parking lot areas and grounds adjacent to the buildings to insure no disturbance of other Renters on the Festival grounds. Festival shall have the right to pre-empt usage of any facility when other facility renters will be in the immediate vicinity of the buildings. Festival will notify Renter in advance of these pre-empted dates. 4. Renter shall be diligent in turning out lights, turning off heaters and/or coolers and locking building doors and outside gates daily and nightly after each use. If this provision is not observed, Festival shall bill Renter for use of utilities beyond scheduled hours of use. Renter shall provide Festival with a complete list of personnel who are issued keys to Festival's facilities. Renter shall be billed $50 (fifty dollars) for each key not returned to Festival at end of lease year. Initials: Lodi Grape Festival Initials: City of Lodiabauer Initials: City of Lodi, Johl Initials: City of Lodi, Rodems Initials: City of Lodi, Bartlam CITY OF LODI PAGE 2 EXHIBITA 5. Renter agrees to provide adequate qualified supervision at all times when using any of Festival's facilities. Renter agrees to dean up all areas used, outside and inside, including parking areas, on a daily basis, and all areas of the buildings and grounds are to be kept free of papers, a.ps, cans, bottles and other debris deposited as a result of Renter's activities. Renter agrees to repair or replace, at its own expense, any and all damage to Festival's buildings, facilities, equipment and/or grounds caused by Renter's activities. 6. It is expressly agreed and understood that this lease is for the use of the Renter for its recreational programs and NO SUBLETTING or assignment of this lease is permitted unless otherwise approved by mutual written agreement. Any programs or activities other than the basketball program shall first be approved by Festival. Renter shall have concession rights for its events only and may operate a concession during all applicable events under this lease specifically granted to Renter. Concession shall comply with all health, fire and safety regulations, including no propane gas cooking insidethe buildings. 7. Renterdoes hereby agree to indemnify, defend and save Festival free and harmlessfrom any and all daims for loss, damage, injury or liability to persons or propertythat may arise during the time the Renter is using the buildings, facilities and grounds which arise from the acts or omissions of Renter, except for claims for loss, damage, injury or liabilityto persons or propertywhich arise from the acts of Festival. For such claims the Festival does hereby agree to indemnify, defend and save Renter free and harmless. Renter agrees at all times during the continuance of this leaseto maintain adequate public liability and propertydamage insurance covering it use, occupancyand operation of said premises. Such policy or policies shall carry a specific endorsement providing that the Festival, the County of San ,Joaquin, the State of California, and their agents, directors, officers, servants and employees are named as additional insureds and that such liability policy or policies are primary insurance as to any similar insurance carried by Festival. Renter shall furnish Festival with satisfactory proof of the carriage of insurance required by Festival, and there shall be a specific contractual liability assumed by Renter pursuantto this lease. Any policy of insurance required of Renter under this lease shall also contain an endorsement providing that at leastthirty (30) days notice must be given in writing to Festivalof any pending change in the limits of liability or of any cancellation or modification of the policy or policies. I n the event Renter is self-insured, Renter shall provide a certificate of self-insurance in a form satisfactory to Festival. LODI GRAPE FESTIVALAND NATIONAL WINE SHOW ASSOCIATION, INC By: MARKA ARMSTRONG GENERAL MANAGER APPROVE AS TO FORM: BY: D. STEPHEN SCHWABAUER CITYA _IS CITY OF LODI, a municipal corporation BY: J I M RODEMS DIRECTOR, PARKS & RECREATION By: KON RADT "RAD" BARLAM INTERIM CITY MANAGER ATTEST: BY: RANDI JOHL CITY CLERK RESOLUTION NO. 2010-154 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MASTER LEASE AGREEMENT WITH THE LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSOCIATION FOR USE OF VARIOUS FESTIVAL GROUND FACILITIES FOR THE PERIOD JULY 1, 2010 TO JUNE 30, 2011 WHEREAS, the Parks and Recreation Department has leased facilities from the Lodi Grape Festival and National Wine Show Association for more than 40 years for various indoor and outdoor programs; and WHEREAS, this agreement allows the City use of the Grape Pavilion, Cabernet Hall, and an outdoor area known as the soccer field; and WHEREAS, management of the Lodi Grape Festival has also been quick to accommodate the City's needs when other space and/or facilities are required; and WHEREAS, the term of the agreement is for one year, commencing on July 1,2010 and ending June 30,2011; and WHEREAS, the annual lease payment is $21,000; and WHEREAS, staff therefore recommends that the City Council approve the use agreement, which provides facilities for youth and adult basketball, soccer, and other miscellaneous programming. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Master Lease Agreement with the Lodi Grape Festival and National Wine Show Association for use of the Grape Pavilion, Cabernet Hall, and the soccer field for the period July 1, 2010 to June 30,2011 . Dated: September 1, 2010 hereby certify that Resolution No. 2010-154 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 1, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None HL City Clerk 2010-154