HomeMy WebLinkAboutAgenda Report - May 2, 2012 C-14AGENDA ITEM (: 40 1 q
&% 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)
MEETING DATE: May 2,2012
PREPARED BY- Interim 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
soccerfield. 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 1,2012 and ending June 30,2013. 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
userfees.
FUNDING AVAILABLE: Account #347001.7321 — 2011/12 Recreation Administration Operating
Bucbet
cc: City Aftorney
-75--rdan Ayers, Deputy City Manater —
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JeffeI nte PL� , Recreation and Cultural Services Director
Konradt Bartlam, L"iry Manager
AGREEMENT NO. RA 58-12
INTERIM LISE RENTALAGREEMENT
LODI GRAPE FESTIVAL& NATIONALWINE SHOW ASSN, INC. FACUTIES
THIS AGREEMENT made this le from April, 2012, a t Lodi, County of San Joaquin, State of California, by and between the LODI
GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSN, INC., a non-profit corporation, hereinafter called the Festival, and CITY OF LODI,
PARKS& RECREATION DEPARMENT hereinafter called the Renter.
1. Permission is hereby granted to the Renter to use the following described property of the Festival for a period beginning JILLY
'11, 2012 and ending JUNE 30, 2013 upon the conditions, agreements and terms hereinafter set out in this agreement in
attached ExhibitA
2- The descriptionof the premises of the Festival, located in Lodi, Countyof San Joaquin, State of California, permittedto be used
isdescribedas: CABERNET HALL, THE EAST FIELD AND THE GRAPE PAVILION.
3. Renter hereby agrees to pay the Festival for use of said premises: $21,000 (TWENTY ONE THOUSAND DOLLARS) for rental of
facilities as outlined i n the attached Exhibit A
4. Amount due is payable as follows: $21,000 (TWENTY ONE THOUSAND DOLLARS1 return of signed contract and certificate of
insurancedue no later than June 30,2012.
SEE EXHIBIT -A- ATTACHED, THE CONTENTSOF WHICH AREE MADE PART OFTHIS AGREEMENT BY REFER13SICE
AS THOUGH RILLY INCORPORATED HEREIN.
5. Said premises shall be used for the PARKS & 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, statues, rules and regulations applicable to
the conduct or operation of the activities of Renter herein permitted to be conducted. Renter shall provide adequate police
protection 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.
6. 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 ay member of the public has access to by reason of this agreement in good condition,
reasonablewear and tear, damage by the elements, act cf 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, act of God, or casualties beyond the control of the Renter
excepted. The Festivalshall havethe privilegeof inspectingthe premises at any or all times.
7. Renter shall provide Festival with an original certificate of liability insurance with original signature, naming the STATE OF
CALIFORNIA, COUNTY OF SAN JOAQUIN, LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSN, INC., THEIR AGENTS�
DIRECTORS� OFFICERS� SERVANTS AND EMPLOYEESas additional insured insofar as the operations under this agreement are
concerned. The amounts of public liability coverage shall not be lessthan $1,000,000 / $1,000,000 and the amount of property
damage coverage shall not be less than $1,000,000, neither coverage to involve a deductible feature. Said certificates shall
contain a statement by the insurance company that itwill not cancel said policywithout giving 30 days prior written notice to
the Festival.
8. Renter does further expressly agree to indemnify, defend, and save the Festival, its agents, employees or licensees, harmless
from any and all claims for loss, damage, injury or liability of whatsoever nature and howsoever the same may be caused or
may arise resulting directly or indirectly from the exercise of this agreement or the occupation of the premises herein
permitted to be used or the premises of the Festival to which the Renter, its agents, employees or licensees may have access
by reason of this agreement.
Initials: Initials: 0 Initials:
Festival Hood Bartlarn
lnitials:.�M Initials:
Schwabauer Johl
CITY OF LODI, PARKS& RECREATION DEPARTMENT
RA 58-12
PAGE 2 OF 2
9. This agreement shall not be assigned in whole or in part nor may any right hereundergranted to the Renter be granted in turn
to any person without the written consent of the Festival first had and obtained.
10. The Festival may terminate this agreement and be relieved of any further performance if Renter fails to perform any covenant
herein contained a t the ti me and i n 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. Any fees paid i n addition to the
non-refundabledeposit wil I not be refunded if event is terminated by either party 30 days or less prior to the event.
11. 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.
12. 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.
13. Itis 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.
14. All safety orders of the Division of IndustrySafety, Departmentof Industrial Relations, must be strictly observed.
15. NOTICE_ Pursuantto Section 107.6 California Rev. & Tax Code. Renter recognizes and understandsthat this tenancy may create
a possessory interest subject to property taxation and that the Renter may be subject to the payment of property taxes levied
on such interest.
16. 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 party of this agreement and shall
be binding upon the parties hereto.
IN WITNEESS V*iEREOF, this agreement has been executed in duplicate by and on behalf of the parties hereto, the day and year first
written above.
LODI GRAPF- FEMAL& NATIONALWINE SHOWASSN, INC.
P.O. BOX 848 - 413 E. LOCKEFORD ST.
LODI, CA 95241
(209)369-2771
BY
MARK A ARMSTRONG (7
W : 0 � : V-11 4 LTA U1 0 FT1W 0
CITY OF LODI, a municipal corporation
125 N. STOCKTON ST.
LODI, CA 95240
(209)333-6800
By. e= 1J1 A-11
JEFAMY Ir '
INWIM DIRECTOR, PXRKS & RECREATION
By:
APPROVE AS TO FORM:
By:_ By:
6-5WP4IrSCk—WX*UEV
CITY ATTORNEY 11-1
KONRADT"RAD"BARTLAM
CITY MANAGER
RANDIJOHL
CELY CLEW
EXHIBIT A
RENTER AGREES THAT
AGREEMENT NO. RA 58-12
Festival does hereby lease to Renter, Cabernet Hall, the Grape Pavilion and the East Feld for programs sponsored by and
conducted under the supervision of the City of Lodi Parks & Recreation Department on the Lodi Grape Festival grounds,
situated in the City of Lodi, County of San Joaquin, and State of California. Festival grants Renter the non-exclusive right to
utilize necessary parking lot space and access routesto the buildingswhich are necessaryto 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, 2012 through March 15, 2013 unless other dates
are established by mutual written agreement prior to October -t 2012. Renter may request additional Saturday dates from
March 15,2013 through July 13,2013, subjectto availability. The hours of use for Renter are:
Mondaythrough Friday 5 p.m. to 11p.m.
Saturday 7 a.m. to la.m. (Sunday)
Sunday 7 a.m. to 11p.m.
(Renter shall use the weekend schedule on legal holidays 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 5, 2012 through Sunday, December 9t 2012 and
Friday, January 25, 2013 through Sunday, January 27, 2013. Late night basketball is permitted on Saturday, January 26, 2013,
but may not begin until after 9 p.m. In the event Festival schedules use of the Pavilionto 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 Renters continued use.
CABERNET HALL
Cabernet Hall shall be reservedfor Renter's usefrom October -t 2012 through August 15, 2013 on Mondaythrough Thursday
from 4:30 p.m. to 11p.m. Use of Cabernet Hall is reserved bythe 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 reserved for Renter's use from October 15,2012 through April 15,2013 on Mondaythrough Friday from
4p.m.tollp.m. Festival reservesthe right to pre-empt Renterwhen other events conflict. Renterwill provide no less than
one (1) portable restroom for its own use and will provide daily pickup of trash in the East Field during the lease period. In
exchangefor useof East Field, Renterwill mowfield lawn everythird week duringwinter months (October 15through April 15)
and every week during the summer months (April 16through October 14).
3. Renter shall provide sufficient personnel to monitor crowd control, including policing of parking lot areas and grounds adjacent
to the facilities being used 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 renters will be in the immediate vicinity of the buildings. Festivalwill 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
hoursofuse. Each staff member requesting keys shall check them out individually from Festival office. Renter shall be billed
$50 (fifty dollars) for each key not returned to Festival at end of each lease year.
Initials: Initials: 66, Initials:
Festival Hood Bartlam
Initials: M
Scl�iwabauer
Initials:
Johl
CITY OF LODI, PARKS& RECREATION DEPARTMENT
EXHIBITA
RA 58-12
PAGE 2 OF 2
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 Renters activities. Renter agrees to
repair or replace, at its own expense, any and all damage to Festival buildings, facilities, equipment and/or grounds caused by
Renters activities.
6. it is expressly agreed and understoodthat this lease is for use by 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 or 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/or
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 or omissions of the 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 the lease to maintain
adequate public liability and property damage insurance covering its use, occupancy and operation of said premises. Such
policy or policies shall carry a specific endorsement providing that the Lodi Grape Festival and National Wine Show Assn., Inc.,
the County of San Joaquin, the State of California, and their agents, directors, officers, servants and employees are named as
additional insured 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 insurance coverage required by Festival, and there shall be a specific
contractual liability assumed by Renter pursuaritto this lease. Any policy of insurance required of Renter underthis lease shall
also contain an endorsement providing that at leastthirty (30) days of notice must be given i n writing to Festival of any pending
change in the limits of liability or of any cancellation or modification of the policy or policies. In the event that the Renter is
self-insured, Rentershall provide a certificate of self-insurance in a form satisfactoryto Festival.
LODI GRAPE FESTIVAL & NATIONALWINE SHOW ASSN, INC.
P.O. BOX 848 — 413 E LOCKEFORDST.
LODI, CA 95241
(209) 369-2771
By:.
MARKA ARMSTRONG (7
GENERAL MANAGER
a va-01,11
CITY OF LODI, a municipal corporation
125 N. STOCKTON ST.
LODI, CA 95240
(209) 333-6800
By.. �e 4�
//E#Hd0'D' /
6' INTERIMIDIOCTOR, PARKS& RECREATION
By:
KONRADT"RAD"BARTLAM
CITY MANAGER
By:
RANDIJOHL
CITYATTORNEY CITY CLERK
RESOLUTION NO. 2012-53
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, 2012 TO JUNE 30, 2013
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 2012 and
ending June 30, 2013; 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, 2012 to June 30, 2013.
Dated: May 2, 2012
I hereby certify that Resolution No. 2012-53 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 2, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — Non
HL
City Clerk
2012-53