HomeMy WebLinkAboutAgenda Report - March 19, 1986 (79)CITY COUNCIL APING
1,PJ2CH 19, 1986
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DISTfU(-'r FOP USE OF
STADII-M APPWTD Coancil aut),cz1zE-d the execution of ar; a(jreen*--nt with the
!-,Ai Unified Schoo.; L,,--Lstrjct for the jse of the Grape
CC -40 Bowl. The agreement (-C:)ve-rs the perio-li of September 13,
CC -43 1985 to Septcrbur 1, 1986.
I
CO -CIL C01111.1iU-T�CaTION
TO: THE CITY COUNCIL DATE NO.
FROM: THE CITY MANAGER'S OFFICE March 13, 1986
SUBJECT: AGRFU14ENT WITH LODI UNIFIED SCHOOL DISTRICT FOR USF: OF STADIUM
RF�gNDED ACTION: That the City Council authorize the execution of
an agreement with the Lodi Unified School District
for the use of the Grape Bowl.
BACKGROUND INFORMATION: The City and the School District exe.:ute an
agreement annually for the use by the District of
the Grape Bowl facilities. For reasons not
entirely clear at this time, this agreement (Exhibit A) covering the use of
the stadium for the period of September 13, 1985 to September 1, 1986 was
never executed. So that our Finance Department can issue the appropriate
statement for charges incurred by the District for the use of the stadium,
it is necessary that this agreement be properly executed. There is no
change in this billi.r:g from the previous year.
Respectfully sutxmitted,
Thomas A. Peterson
City Manager
TAP/lh
CITY COUNCI I
DAVID M HINCHMAN, Mavor
FRED Ni. REID
Mayor Pro Tempore
EVIIYN 1,4
IA:MI S W PINKI R10-, Ir
JOHN R. (Ran(N; S%Q)f K
1W)MASA PETtRSO
�
¢ C Ity Manager
CIT iV O 1 L ®D I ALICE M REIMCHE
CITY HALL. 221 WEST PINE STREET City Cierk
CALL BOX 3006 RO> ALD M STEIN
LODI, C -At 11 ORNIA 95241-1910 Crtti ATtomey
(201)i 134-5634
March 31, 1986
Ms. Joan Pipes
Business Manager
Lodi Unified School District
815 West Lockeford Street
Lodi, CA 95240
Dear Ms. Pipes:
Enclosed herewith please find 3 executed copies of Agreement between
the City of Lodi and the Lodi Unified School District vovering the use
of the stadium for the period of September 13, 1985 to September 1,
1986 which was approved by the Lodi City Council at its regular meeting
of March 19, 1986.
Please return 2 fully executed copies of this agreement to this office
at your earliest convenience.
Should you have any questions, please do not hesitate to call this
office.
very truly yours,
Alice M. Reimche
City Clerk
A G R E E M E N T
THIS AGJ2EFT made and entered into, this 19th day of March,
1986, by and between the CITY OF ;ADI, a municipal corporation of the
State of California, hereinafter called First Party, and LODI UNIFIED
SCHOOL DISTRICT OF' SAN JOAQUIN COUNTY, hereinafter called Second
Party.
WITNESSETii:
WHEREAS, First Party is the owner of the Stadium situated in
Lawrence Park, Lodi, California; and
W7HEREAS, the parties hereto are desirous of allowi.:;g Second Part-
to use said Stadium for school activities and wish to reduce their
agreement to writing;
NOW, THEREFORE, FOR VALUE RECEIVED, the parties hereto do hereby
agree as follows:
1) First Party does grant to Second Party the preferential right
to use said Stadium for the conduct of football games or other events
sponsored by Second Party, covering the period of September 13, 1985 to
September 1, 1986.
2) It is agreed that the primary use to which the Stadium will be
put by Second Party is for football games; Second Party agrees to file
with First Party its football. schedule as soon as the same is
determined each year. In the event Second Party desires to use said
Stadium for additional purposes and at other times, then Second Party
agrees to notify City Manager of First Party of this fact and the dates
of the proposed use. With respect to the use of said Stadium, Second
Party understands that its right of use shall be subordinate to the
prior claim and use of said Stadium by the Lodi Grape Festival and
National Wine Show.
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(3) The consiaeration to be paid by Second Paz Ly to First Party
shall be 6.50 cents per kilowatt hour for all, electricity actually used
by Second Party, plus a guaranteed base of $275.00, or thirty-five
cents (35C) per each adult person and five cents (5C) for each high
school age student, whichever is greater, for each football event that
is sponsored by the Second Party when admission is ch-arged. It is
agreed that no charge shall be made for the team members, officials,
participants, and police officers.
(4) First Party agrees to maintain the present lighting system
and the necessary electricity therefor and to maintain the playing
field in a substantially good order and condition.
(5) It is understood that the Associated Students of both high
schools will operate the food concessions at said Stadium. It is
hereby agreed that Second Party shall have an exclusive right to the
operation of the concession stands and the sale of all foods and
beverages, etc., during all performances sponsored by Second Party and
the Second Party shall be entitled to retain all the proceeds frcan the
operations of said concessions. It is agreed that the provisions of
this paragraph shall not apply in the event that the said concessions
are granted or given to a private concessionaire but shall ak*p3.y only
in the event that students of said Second Party operate said concession.
In the event that the said concessions are to be operated by a private
concessionaire, then and in that event, said concessions shall be
entirely under the control and jurisdiction of First Party, who retains
the right to grant private contracts to concessionaires for the
operation of said facilities.
(6) Second Party covenants and agrees to indemnify and save First
Party free and harmless from any and all liability or claims of any
kind or character for damages or injury to persons or property that may
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�i
or _ t o YY i CPC _
might occur as a result of Second Partys operation the
covered by the within lease arising out of negligent acts of Second
Party, their agents or employees. Second Party agrees to maintain
public liability and property damage insurance covering the operation
of said premises during the term hereof and to furnish said Certificate
of Insurance to the First Party prior to any scheduled event.
(7) Second Party has inspected all of the facilities contained
with in said Stadium and accepts the condition of same "as is".
(8) Second Party agrees to furnish to First Party on or before
February 15 of this year a full and complete accounting statement of
all monies owing to the City of Lodi hereunder and Second Party agrees
to pay First Party, when billed, the cost and amount of the electricity
furnished to Second Party.
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
&-,e - &tZjLj
Alice M. Re' , City Clerk
LODI UNIFIED SCHOOL DISTRICT
OF SAN JOAQUIN COUNTY
BY
Joan L. Pipes, Business Manager
form
Ron Stein, City Attorney
Attest:
Clerk of the Board of Trustees
of said District
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