HomeMy WebLinkAboutAgenda Report - October 5, 2011 C-10AGENDA ITEM ��
A% CITY OF LODI
COUNCIL COMMUNICATION
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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: October 5,201 1
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: 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, 2011 and ending June 30,2012. The
terms and conditions are consistentwith 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
userfees.
FUNDING AVAILABLE: Account #347001.7321 —2011/12 Recreation Administration Operating
Budget
Jordan Ayers, Deputy City M ager
cc: City Attomey
M•
James M. Rodem
Parks, Recreation and Cultural Services Director
u,—
APPROVED: r,
Konradt Bartlam, City Manager
AGREEMENT NO. RA -106-11
INTERIM USE RENTAL AGREEMENT
LODI GRAPE FESTIVALAND NATIONAL WINE SHOW FACILITIES
MIS AGREEMENT made this 301h of June, 2011, at Lodi, County of San Joaquin, State of California, 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.
WITNESSETH:
1. Permission is hereby granted to the Renter to use the following described property of the Festival
for a period beginning JULY 1, 2011 and ending JUNE 30, 2012 upon the conditions, agreements and terms
hereinafter set out in this agreement and in attached Exhibit A
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 FACILTIESAS OUTLINED I N ATTACHED
EXHIBIT A. Payable as follows: $21, 000. 00 (TWENTY ONE THOUSAND DOLLARS) AND RETURN
OF SIGNED CONTRACT DUE ON OR BEFORE SEPTEMBER 15,2011.
SEE EXHIBIT "A" ATTACHED, THE CONTENTS OF WHICH ARE MADE A PART OF THIS
AGREEMENT BY REFERENCE AS 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 obtair}es
Initials: Initials: Initials:
Lodi Grape Festival City of Lodi, SchwabauereM City of Lodi, Rodefhs
Initials: Initials:
City of Lodi, Johl City of Lodi, Bartlam
CITY OF LODI PAGE 2
RA -106-11
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 of 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
NATIONALWINE SHOW, INC.
P.O. BOX 848 N 413 E. LOCKEFORD ST
LODI, CA 95241
(209) 369-2771
BY:
MARK A. ARMSTRONG
GENERAL MANAGER
APPROVE AS TO FORM:
BY:
D. STEPHEN SCHWABAUER On
CITY ATTORNEY
CITY OF LODI, a municipal corporation
125 N. STOCKTON ST.
LODI, CA 95240
(209) 333-6800
BYINL
JAMES M. ROOMS
DIRECTOR, PARKS & RECREATION
BY:
KONRADT "RAD" BARTLAM
CITY MANAGER
ATTEST:
BY:
RANDI JOHL
CITY CLERK
INTERIM CONTRACT RA -106-11
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 1, 2011 through March 15,2012 unless other
dates are established by mutual written agreement prior to October 1, 2011. Renter may request additional Saturday
dates from March 15, 2012 through July 14, 2012, subject to availability. The hours Renter may use the Pavilion shall
be:
Monday through Friday 5 p.m. to 11 p.m.
Saturday 7 a.m. to 1 a.m. Sunday
Sunday 7 a.m. to 11 p.m.
(Renter shall use the weekend schedule on legal holidays falling 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 through Sunday, December 11,
2011 and Friday, January 27 through Sunday, January 29,2012. Late night basketball is permitted on Saturday,
January 28, 2012 but may not begin until after 9 p.m. I n 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, 2011 through August 15, 2012 on Mondaythrough
Thursday 4:30 p.m. to 11 p.m. Use 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 FIELD:
The East Field shall be reservedfor Renter's use from October 15, 2011 through April 15, 2011 on Monday through
Friday from 4 p.m. to 11 p.m. Festival reservesthe 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. I n exchange for use of East Field, Renterwill mow field lawn every third week
during the winter months (October 15 through April 15), and every week during the summer months (April 16 through
October 14).
3. It shall be the responsibility of the Renterto provide sufficient personnel to monitor crowd control, including policing of
parking lot areas and grounds adjacent to the buildingsto insure no disturbanceof other Renterson the Festival grounds.
Festival shall have the rightto pre-empt usage of any facility when other facility renterswill 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. I f this provision is not observed, Festival shall bill Renterfor 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: Initials: Initials:
Lodi Grape Festival City of Lodi, Schwabauer City of Lodi, Rodem
Initials:
City of Lodi, Johl
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 clean 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, cups, 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. I t is expressly agreed and understoodthat 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 inside the
buildings.
7. Renter does hereby agree to indemnify, defend and save Festival free and harmless from any and all claims for loss,
damage, injury or liability to persons or property that 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 liability to persons or property which 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
lease to maintain adequate public liability and property damage insurance covering it use, occupancy and 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 least thirty (30) days notice must be given in writing to Festival of 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 CITY OF LODI, a municipal
NATIONALWINE SHOW ASSOCIATION, INC. corporation
BY:
MARKA. ARMSTRONG
GENERAL MANAGER
APPROVE AS TO FORM:
BY:
D. STEPHEN SCHWABAUER
C ITY ATTORN EY
BY: atm
JAMES M.
DIRECTOR, PARKS & RECREATION
BY:
KONRADT "RAD" BARLAM
CITY MANAGER
ATTEST:
BY:
RANDI JOHL
CITY CLERK
RESOLUTION NO. 2011-153
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MASTER
LEASE AGREEMENT WITH THE LODI GRAPE FESTIVALAND NATIONAL
WINE SHOW ASSOCIATION FOR USE OF VARIOUS FESTIVAL GROUND
FACILITIES FOR THE PERIOD JULY 1,2011 TO JUNE 30, 2012
------------------------------------------------------------------------
------------------------------------------------------------------------
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 know as the soccer field; and
WHEREAS, management of the Lodi Grape Festival has also been quick to
accommodate our needs when other space and/or facilities are required; and
WHEREAS, the term of the agreement is for one year commencing on July 1,2011 and
ending June 30,2012; 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 an area known as the soccer field for the
period July 1, 2011 to June 30, 2012.
Dated: October 5, 2011
------------------------------------------------------------------------
------------------------------------------------------------------------
hereby certify that Resolution No. 2011-153 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 5, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi, and
MayorJohnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— No
&OHL
City Clerk
2011-153