HomeMy WebLinkAboutAgenda Report - October 5, 1988 (43)C O U N C I L C O M M U N I C A T I O N
TO: 11E CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL NEFTNO DATE
OCTOBER 5, I988
SUBJECT:
71P?'ROVE "GR IT SN-ITH DAVE SMITH FOR WINE COUNI RY CARRIAGE TO OPERATE A
HOP.SE—DRAI-vii WAGON -CARRIAGE CONCESSION AT LODI I1 JKE PARK
PREPARED BY: City Attcrney
BACKGROUND INFORMATION: The Council has previously directed that staff
prepare an agreement with David Smith, dba Wine
Country Carriage, to establish an exclusive agreement
whereby NIr Smith would provide carriage rides in
Lodi Lake Park.
The attached Agreement i s the result of meetings
between Nt Smith and City staff and addresses all
the concerns expressed by the Council. The Agreement
is for an initial period of one year, and is
renewable thereafter on a ear -to -year basis by
mutual consent. In exchange �or the exclusive right
to haul passengers in the Park, Mr. Smith will pay to
the City his gross revenues.
It is recommended that the Council consider
authorizing the City Manager and City Clerk to
execute the Agreement.
x
Respectful l,- submitted,
CITY COUNCIL
JAMES W PINKERTON, jr . Mavor
JOHN R (Randy)SNIDER
Mavc:r Plo Ternpore
DAVID M HINCHMAN
EVELYNh4 OLSON
FRED M REID
INA David Smith
Wme Country Carriage
2505 Turner Road
Lodi, CA 95242
Dear Nk Smith:
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209)334-5634
TELECOPIER (209) 333.6795
October 12, 1988
Enclosed herewith please find fully executed copy of
October 3, 1988 providing authorization for you
horse-drawn wagon -carriage concession at Lodi Lake
Agreement was approved by the Lodi City Council at
Gctober 5, 1988.
Should ::you have any `quest ons regarding this
hesitate'; to call this.office.'
THOMAS A. PETERSON
City Manager
ALICE M REIMCHE
City Clerk
BOB ytcNATT
City Attorney
Agreement dated
to operate a
Park. This.
its meeting of
matter, Blease
A G R E E M E N T
c
THIS AGREEMENT, made and entered into this `— — day cf
, 1988, by and between the CITY OF LODI ("City") and WINE
COUNTRY CARRIAGE ("Contractor")
KITNESSETH:
WHEREAS, the City of todi is the owner and operator of Lodi Lake
Park; and
WHEREAS, Contractor wishes to operate within said Park a
concession offering to the general public, rides in horse-drawn
carriages or wagons; and
VVH REA, the Lodi City Council hereby finds it appropriate to
allow users of Lodi Lake Park access to such entertainment and
recreational opportunity;
NOI THEREFORE, IT IS AGREED by and between the parties hereto as,
follows.
I. This. A, reement shall expire on November 1, 1989. ThereaftErr ..the
Aai i nt shall be subject to renewal on a year-to-year basis by
V-1
2. contractor shall furnish, at his sole expense, all necessary
aiiimals and vehicles, as well as all necessary maintenance,
upkeep, veterinarian services, insurance and incidentals required
or proper for operation of such concession.
3. The City shall designate and appropriately sign an exclusive area
inside the Park for the loading and unloading of passengers by
Contractor, as shown on the attached map (Exhibit A). No loading
or unloading of passengers shall .,.cur at any other location
inside the Park, nor shall Contractor bring passengers into the
Park from a location outside.
4. The City shall not be required to provide any additional building
7.
a veterinarian that such animals are in good health. The City of
Lodi, its authorized representative or any other person
authorized by law may inspect; at any time an animal suspected of
being unfit for service, and may order such animal removed from
service if it appears diseased, injured, or in any way unfit to
perform its tasks under this Agreement. Animals shall not be
stabled overnight in the Park.
Vehicles, wagons or carriages shall be equipped with steel or
hard rubber tires, appropriate safety equipment, and shall be
:narked or signed as a slow-moving vehicle pursuant to the
requirements of the California Vehicle Code. Such wagons shall
have a turning radius allowing them to be maneuvered inside the
?ark withou': leaving designated roadways. Carriages and/or
wagons shall be checked monthly for safety and mechanical fitness
by City's equipment mechanic or designee. Should any carriage,
wagon or vehicle be deemed by such City inspector to be unsafe,
it shall not be utilized inside the ?ark until such condition is
remed i ed .
8. M more than
two horse-drawn carriages, wagons or vehicles shall
be operated
inside the Park by Contractor
at any time unless
agreed upon
and approved by the Parks and
Recreation Director,
prior to such
operation.
9: All drivers
of such horse-dw,awn carriages,
wagons or vehicles
shall be".`appr.opriately trained and skilled
in the operation of
.,3�
M1li1~Y
Y
�^3Y2fSN.5N�M':'fL'M.9il�'hA^F9iLCh�wi'.RNI'fApY S.+:fYn.YS1.F.YA'ngWNDstrbf M+}L. n44r arrtn.lN•tK Y+ilY64N:M'boht i&.1eATn<UAw..:.ww:w.r. y..y. .... .. ......... _. .. •. .:
such vehicles. Contractor shall, in advance to utilizing any
driver, furnish the names, ages and addresses of such drivers,
and verification of past experience or qualifications to operate
such carriage or wagon.
10. The hours of operation of such concession shall be established by
agreement between Contractor and the Parks and Recreation
Director at the commencement of each year's operation. Prior to
the commencement of operation each year, Contractor and the Parks
and Recreation Director shall establish dates and hours for such
operation.
11. The route taken shall be restricted to the concrete or asphalt
path as shown on the rnap attached. No operation shall be
permitted in the Wilderness Area of the Park or in any unpaved or
undesignated area.
12. Contractor shall maintain liability insurance in the sum of one
million dollars ($1,000,000), with the City of _Lodi as an
13, Contractor shall pay to City in exchange for the exclusive right
to operate in Lcdi Lake Park, ten percent (10%) of gross
receipts. Contractor shall, on the first business day of sach
month in which Contractor has operated, provide and .Deliver to
the City:
a) An accounting showing the number of passengers hauled
on each day of operation, separated by type of
passenger such as adult, senior, student, etc.;
b) An accounting of gross receipts;
c) Amounts due hereunder
/-N
manner appropriate to facilitate the goals and aims of this
Agreement.
16. This Agreement may not be assigned without the prior written
consent of the City, which shall not be unreasonably withheld.
Executed in Lodi, California on the date first written above.
CIIY OF LODI
--
J a. ai��i
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. REYMCHE
City Clerk
AGRSMITH/TXTA.OlV
CONTRACTOR
WI(,E COUNTRY CARRIAGE
r�
By ISMITH
DAFT