HomeMy WebLinkAboutAgenda Report - March 2, 1988 (40)COUNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
C 0 M M U N I C A T 1 0 N
COUNCIL MEETING DATE
March 2, 198E
SLJBJECT: AFFROVE AGREEME;IT WHEREBY THE CIT? OF LODI GRANTS TO THE LODI BOYS' AND GIRLS'
CLUB THE OPTION TO [.EASE REAL PROPERTY AT BLAKELY PARK FOR THE CONSTRUCTION
OF A CLUB FACILITY.
PREPARED BY:
City Manager
RECOMMENDED ACTION That the City Council approve the agreement between
the City of Lodi and the Lodi Boys' and Girls' Club
for the lease of real property in Blakely Park for
the construction of a club facility, and authorize
the Mayor to execute same.
BACKGROUND INFORMATION: At its regular meeting of August 5, 1987 the City
Council approved the concept of the construction of a
permanent facility for the Lodi Boys' and Girls' Club
in the southeast corner of Blakely Park. At that
time the Council directed staff to prepare the
appropriate agreement. This agreement (Exhibit A) has Seen reviewed in depth
by staff and Lodi Boys' and Girls' Club representatives and all concur that
the matter is ruw ready fcr Council action.
TAP :b r
A tt.Achment
TXTA. 07A COUNC326
Respectfully submitted,
Thomas A. Peterson
City Manager
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01, IU'i TO T T -;'A :' REI- PROPERTY
THIS AGRE Er' E,MT, mai }his day of
19 10 i , byr c nil_ bet. r.'eer4 Cite Lr, Boys' and
Girls' Lurk, a non-Drofi, corporation, and the City of
T_•o ii, a . unici pal corporation.
.viiEREAS, the youth of the City of Lodi par--
ticinati.ng in Lodi Boys' and Girls' Club activities do not
prE's4 s .=y 3v o cli%ailahl_e s?2_fiC:ie.at r.a L itiF3S C•. hE, E'ln
they can pa -r .icipate in scci 1, recreational, educational,
vocational, and guidance programs under adult supervision;
and
WHEREAS, the physical, mental-, and moral welfare
of the youth, of the City of Lodi would be furthered by a
facility sufficient for the needs of the Lodi Boys' and
Girls' Club; and
WHEREAS, the City of Lodi owns certain park land
whict.i is suitable for t'-_ construction of such a facility,
the Lodi Boys' and Girls' Club proposes and desires Lo
build on said park land a facility suitable to the needs
of the Boys' and Girls' Club and that would further the
Lodi Boys' and Girls' Club's social, recreational, physi-
cal, educational, vocational, and guidance programs for
the youth of the City of Lodi,
NOW, THEREFORE, for $10.00 and good and valuable
consideration, receipt of which is hereby acknowledged,
the, parties hereto agree upon the following terms and con-
ditions:
I. Grant of optio:i.
The City of Lodi hereby grants -to the Lodi
Boys' and Girls' Club the exclusive right to lease,. upon
the terns as set forth in this Agreement, the following
real property: A rectangular plot consisting of approxi-
mately 29,000 square feet, for a building or buildings and
parking located in the southeast corner of Blakely Park
within the City of Lodi.
2. Option.
This option shall ccmmence as of the date of
the fully execution of this Agreement and shall remain in
effect until December 31, 1992.
3. __cerci�e of Option_
Th -is option shall be exercised by the,, -)d_
Bobs' anci Girls' 'club notifying the C.it:y of Lodi, in
writing, of their intent to exercise this option upon a
Speci f is cay wi t17, n the option period. The Lease shall
commence as of the date noticed by the Lodi Boys' and
Girls' Club for commencement of the lease upon the terms
and coy dit:iors set forth in this Agreement.
' . TEir c,s of Lease.
The following terms and conditions shall
apply as of the date noticed by the Lodi Boys' and Girls'
Club as the coma-nencement of the lease.
(a) Term of Lease.
The term of the lease shall be for a
;period of 55 years, pursuant to Civil Code Section 718, as
calculated from the date of the cormencement of the lease,
The Lodi Boys' and Girls' Club is hereby granted an option
to renew this lease, at the expiration of the initial 55
year term, for an additional 55 years, under the same
terms and conditions contained herein, if, at the time,
the Lodi Boys' and Girls' Club is not in breach of any
other term or condition of this lease. Nothing in this
paragraph shall preclude the Lodi Boys' and Girls' Club
and City of Lodi from converting the tern of this lease to
a period of 99 years in compliance with the requirements
of Civil Code Section 719.
(b) Payment of Rent,
The Lodi Boys' and G i r 1 s' Club shall pay
the City of Lodi, as full rent for the aforementioned
term, the sum of ONE DOLLAR ($1.00) per year, payable
annually, in advan.7e, comencing with the initial year of
the lease and continuing each year thereafter so long as
the lease continues in effect,. The Lodi Boys' and G i r 1 s'
club shall have the option, at any time, to prepay any of
the rent due for any portion of the remainder of the lease
term.
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(c) Right to Uti li.zo Remainder of
Blakely Park.
Tile Prodi. boys' and Girls' Club shall be
permitted to use ti remainder of Blakely Purls for Lodi
Boys' and Girls' Club activities at all reasonable times
ana upon reasonable conditions, subiect to the scheduling
zest:raints of the City of Lodi Parks and Recreation
De jart :ent activi ties .
(d) Corstr_uction of Building.
The Lodi Boys' and Girls' Club shall be
permitted to construct a building and/or buildings,
parking lot, and accessory improvements to house the admin-
istrative offices and activity center of the Dodi Boys'
and Girls' Club. The parties understand and agree that
the leased site shall become the primary office and acti-
vity center of the Loui Boys' and Girls' Club and the
building and/or buildings that may be constructed at the
Blakely Park site will be of a size, dimension, and capa-
city, to meet the activity and administrative L-eeds of all
the youth supervised by the Lodi Boys' and Girls' Club.
The City of Lodi shall approve n^ • site plan or building
plan prior to processing said p__is through the site plan
and Architectural Review Committee (SPARC) and the
Building Department of the City of Lodi.
(e) Maintenance, Utilities, and Repairs
of Buildings,
The Lodi Boys' and Girls' Club shall
maintain and repair, in good order, any and ail building
or buildings, parking spaces, and accessory improvements
on the leased premises. Any and all electricity, gas,
water, garbage, sewer, telephone, and other utilities uti-
lized
ti-
1ized by the Boys' and Girls' Club on the leased site
shall be the expense of the Lodi Boys' and G i r 1 s' Club.
!f) Compliance with Laws.
The Lodi Boys' and Girls' Club shall
comply with all provisions of the Code of the City of -
Lodi, particularly concerning all applicable provisions of
the Zoning Code relating to Use Permits and SPRRC review,
and all other governmental laws and regulations in t h e
construction and maintenance of any and a 1 1 Improvements
at the lease site.
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...
NJ Use of Lodi Bovs' a::: Girls' Clue
Fac-lities by City of Lodi Parks
and Recreation Department.
The City of r'odi Par)cs and Recreation-
;:^wartZ be permitted to uLize t,-- -Facilities of-
The
ftyle Lodi Bays' and Girls' Club, sub:ect to scheduled acti-
vities, of the Lodi Boys' and Girls* Club. In the event
Che City of Lodi uses the facilities in excess of 60 hours
pe -r- calendar year, the city of Lodi shall clay and reim-
burse the Boys' and Giris' Club for all costs and expenses
cif= electricity, power, and other utilities, as well as
janitorial, maintenance, and proportionate overhead expen-
ses for all time that exceeds said 6O hours. it is the
purpose of this provision to provide reimhursement to the
Lodi Boys' and Girls Club for costs and expenses incurred
by the Lodi Boys' and Girls' Club for the time said faci-
lities are utilized by the City of Lodi that exceeds said
60 hours.
(h) r-44hillty Insurance.
odi Bays' and G i r l s' Club shall, at
its own cost an3 expense, maintain during the entire term
of the lease a broad form comprehensive coverage policy of
public liability insurance issued by an insurance company
acceptable to the City of Lodi and insuring the Lodi Bovs'
and Girls' Club and the City cf Lodi against loss or
liability, caused by the Lodi Boys' and Girls' Club occu-
1-;ation and use of the leased premises, in amounts not less
than $1,000,000.00 for injury to, or death of any person
or persons, and $50,000.00 for damage to or destruction of
any prcperty of others.
(i) Fire Insurance.
The Lodi Boys' and G i r 1 s' club shall,
during the full terms of the lose, maintain, at its own
cost and expense, an insurance policy issued by a
reputable company acceptable to the City of Lodi insuring
the full insurable value of the building and/or buildings,
accessories, or improvements, and all fixtures and equip-
ment:, to the extent possible, against. damage or destruc-
tion, by fire, theft, or the elements.
(j) Ownership cf Improvements.
AlI buiIdings and improvements
constructed on the leased premises shall remain the pro-
perty of the Lodi Boys' and Girls' Club, provided,
^.00;ever, that upon term- is aLion of: the lease, or abandon-
ment of the i _prove:. eats by the Lodi 4oys' and Girls'
Club, for any reason, all cons -ruct.ed thereon
becoi(te, the property of the City of Lodi. Anv and
a.11 fixtures, personal property, and Equipment not removed_
, it si qty -1vO) days of the expiration or 'l:erm-i cation of
t', -is lease, regardless of the reason, shall be deemed
abandoned by the Lodi Boys' and Girls' Club and shall
bC:C_-I -e the property of the City of -odi.
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(Y 3 _ e rn. � a � 3. C;Ii ofLeas;.,
Upon the partial. or total destruction of
the Lodi Boys' and Girls' Club's buildings anti/or improve-
m_-nts on the leased premises, or, at any time during the
course of the lease, for whatever reason, the Lodi Boys'
and Girls' Club shall be permitted to terminate this lease,
and any and all obligations they may have under the terms
of this lease, upon sixty (60) dat7S written notice to the
City of Lodi,
5. Notices.
Unless otherwise provided herein, any notice
to be given by either party to the other may be effected
by personal delivery in writing, or by first class mail,
postage prepaid. Mailed notices shall be addressed as set
forth below, but each party -may change its address by
written notice in accordance with this paragraph,
To Lodi Boys' and G i r 1 s' Club
ATTN: David M. Crozco
Executive Director
P. O. Box 244
Lodi, CA 4524.1
To City of Lodi
ATTN: Ronald B. Stein
City Attorney
Call Box 3004
Lodi, CA 95241
6. F..11j i r e Agreement:.
This instrument contains the entire agreement
between the parties relating to the option herein granted.
Any oral representations or modifications concerning this
instrument shall be of no force and effect excepting a
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subsequent modification in t.,ritinq sil,nee by the party to
be charged.
7. Attorr"ev t s Fees
In Che event of any controversy, claim, or
ui spute between the parties hereto, arising out of or
relating to this Agreement, the prevailing party shall be
entitled to recover rea ,c<iabie attorrev's fees and costs.
8. Bindinq Ef ect.
This Agree:aert shall bind and inure to the
benefit of the respective successors and assigns of the
parties hereto,
9. Warranty of Authorit
The Lodi Boys' and Girls' Club hereby
warrants, by the execction of this Agreement by its repre-
sentative, that it has enacted ail Board of Directors
Resolutions and taken all action in compliance with its
Bylaws and the pertinent provisions of the Corporations
Code to enter into this Agreement,
The City of Lcdi, by its eyecution of this
Agreement by its representative, hereby warrants that it
has adopted any and all resolutions and ordinances, and
taken all City Council and administrative action that may
be required by its City Charter and all pertinent laws
necessary to authorize the execution of this Agreement.
IN WITNESS WHEREOP, the parties hereto have exe-
cuted this Option to Lease Real Property the day and year
first above written.
LODI BOYS' AND GIRLS' CLUB. a
non-profit corporation
By ____
President �"-
CITY OFLODI, a Municipal
corporation
By
Mayor
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APPROVED AS TO FORM:
R'ULLEN, SULLIVAN & Na-7TON
,ATTEST:
By.._.
CRAIG RASMUSSEN
CITY OF LODI ALICE M. REIMCBE, City Clerk —
ay
RONALD B. STEIN,
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