HomeMy WebLinkAboutAgenda Report - June 3, 1987 (109)C"I TNCIL CO.NBIU\ICATIO'
TO- THE CITY COUNCIL� �e 19B7 NO.
�
FROM_ THE, CITY MANAGER'S OFFICE `un
SUBJECT: APPROVE AGREEMENT WITH ALCOHOLICS ANONYMOUS (MAPLE SQUARE' AND AUTHORIZE THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT
PREPARED BY: City Manager
RECOMMENDED ACTION: That the City Council authorize the approval of an
agreement between the City of Lodi and Mr. Harry
Miller, representing the Lodi Lite Chapter,
Alcoholics Anonymous, for the use of the City -owned building on the southeast
corner of E. Lodi Avenue and S. Sacramento Street (Maple Square Firehouse).
BACKGROUND INFORMATION: The most recent agreement between the City of Lodi
and the Lodi Lite Chapter of Alcoholics Anonymous
has expired. It is appropriate that a new agreement
(Exhibit A' be approved and executed at this time. It is recommended that this
agreement be for a period of five years. Beyond that, the facility could
continue to be utilized by Alcoholics Anonymous either on a month-to-month
basis or with the adoption of a new agreement. While the City has no immediate
plans for this parcel, it has long been the City's position that this property
may ultimately be needed should the construction of a grade separation
(overpass or underpass) at E. Lodi Avenue and the Southern Pacific tracks
become a reality.
This lease agreement has been reviewed with_ Mr. Miller, and he is in
concurrence.
Respectfully submitted,
Thomas A. Peterson
City Manger
TAP:br
attachment (1)
TYTA.07A COU C199
THIS AGREEMENT made and entered into this day of >
1981, by and between the City of Lodi, a municipal corporation,
hereinafter referred to as CITY; and Harry Miller, hereinafter referred to
as LESSEE.
W I T N E S S E T H:
WHEREAS, City owns the premises commonly known as MAPLE SQUARE
FIREHOUSE and located at 2 East Lodi Avenue, within the City of Lodi; and
WHEREAS, Lessee desires to use the premises to carry on an Alcoholic
Anonymous program, supervised by the Lessee.
NOW, THEREFORE, it is hereby mutually agreed by and betwee, the
parties hereto as follows:
(1) City agrees that Lessee may use the premises, commonly known as
Maple Square Firehouse, owned by City and located at 2 East Lodi Avenue,
within the City of Lodi, to carry on an Alcoholics Anonymous program,
supervised by the Lessee;
(2) The term of this Agreement shall be from the date of the
execution of this Agreement, and ending at midnight June 30, 1992, unless
terminated by either party without cause upon 30 days written notice.
(a) vQon termlR<'. on ojt this Agreement, pUt sUdT',t tG' ; aragraph 2,
>hosld Lessee remain c� the ;raises, Lessee shall be leasing said
premises oi, a month-to-month basis, and shall vacate the premises upon
written notice of Lessor. Lessor's permitting Lessee to remain on the
premises beyond the term of this Agreement shall in no way be considered
or interpreted as a renewal of this Agreement for an additional two year
period.
(b) Upon termination of this Agreement, pursuant to paragraph 2
or otherwise, City assumes no responsibility by this Agreement or otherwise
to provide or find another facility for lessee.
(3) Upon termination of this Agreement, pursuant to paragraph 2
or otherwise, neither City nor lessee is under any obligation to lease the
premises.
(4) Lessee agrees to pay City a monthly rental of fifty dollars
($50.00), as of the first day of each month, coatmencing
1987.
(5) Lessee agrees.to pay all utilities on said premises.
(6) Lessee agrees to accept said premises in an "AS IS"
condition.
(7) Lessee agrees to indemnify and hold City, its officers,
agents and employees harmless for and defend against any and all claims
and liabilities arising from damages or injury to persons and property
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d.jri '-ssee's occupancy of said premises_ City
shall be named as an
^rai insured un Leisee, ` Comprehensi,,e I i a b �} jfC?^` andadd � t'.
K ti i
certificate evidencing tte �uiile ilial' FBF ;led Siit!1 the CY i,iet '•
Ci , in the following amounts:
Lessee agrees to maintain in full force during the terra hereof a
policy of general liability insurance which contains an Additional Named
insured Endorsement naming the City of Lodi as an Additional Insured, and
under which the insurer agrees to indemnify and hold the City of Lodi
harmless from and against Ali costs, expenses, and liability arising out
of, or based upon, any and all property damage, or damages for personal
injuries, including death, sustained in accidents occurring in or about
the demiFed premises; where such accident, damage, or injury, including
death, results or is claimed to have resulted, from any act or omissio:i on
the part of Lessee or Lessee's agents or employees in the
implementation of this contract. The minimum limits of such insurance
shall be $500,000/$1,000,000 Bodily Injury; $100,000 Property Damage, or
51,000,000 combined single limit. In addition to the Additional Named
Insured Endorsement on Lessee's policy of insurance, said insurance
policy shall be endorsed to include the following language:
,,such insurance as is afforded by the endorsement for the Additional
Insureds shall apply as primary insurance. Any ot<ier- insurance
maintained by the City of Lodi or its officers and employees shall be
excess only and not contributing with the coinsurance afforded by
this endorsement."
A duplicate or certificate of said bodily injury and property damage
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a saeu recrired endorsements shall be
insUrar ortaicing the bo�e-
delivered to the City Attorney after the issuance of said policy, wiih
satisfactory evidence that each carrier is required to give the City of
Lodi at least 30 days prior notice of the cancellation or reduction in
coverage of any policy during the effective period of this Agreement .
The insurance certificate must state on its face or as an endorsement, the
name of the Lessee that it is insuring. A duplicate or certificate of
said insurance must he in the City's hands at the time of the execution of
the lease agreement. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall
specifically bird the i.Esurance carrier. This paragraph and all other
provisions of this Agreement shall apply and be construed as applying to
any subtenant of Lessee.
(H) Lessee agrees that any repairs by Lessee or Lessee's agents
or employees, must be undertaken only after approval by the City Manager
of the City of Lodi or his designee.
(9) Lessor and Lessee agree that this agreement may only be
modified in writing and all prior oral agreements regarding the premises
are hereby voided by the written agreement.
IN WITNESS THEREOF, the parties hereto have hereunder set their hands
the date and year first above written.
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CITYOFLORI, a ioU'i;c ,al corporation HARRY 111 LLER'
LESSEE
BY
Thomas A. Peterson_
City Manager BYj�
ATTEST: bHarrqyQM#'r
Alice M. ReimcRe
City Clerk
Approved as to Form
Ronald M. Stein
City Attorney
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