HomeMy WebLinkAboutAgenda Report - July 1, 1987 (74)-")UNCIL COM��T: �c T1�v
DATE
TO. THE CITY COUNCIL T t I �" : ) �'+S i
FROM THE CITY MANAGER7OFFFICE
Approve :Baster Agreement between Lodi Grape Festi�'al and
SUBJECT App- City of Lod i
National Wine Shod and the
EK.3
PREPARED BY: Director, Parks and Recreation
love the
REOhShiENDED ACTION:
That the City Council app'
attached
.Saster Agreement be see
the Lodi Grape Festival and Nation
Wine Show and the city
of Lodi..
BACKGROL i�D INFORMATION:
The hSa.ster Agreement has come due between
the ine
Lodi Grape Festival and`vhacliNtioaddrnal �esses
Show and the Cite of Lodi,
There have not bE,en any major
our uses of Chablis llalla�uildin�'s�pe Pavilion for recreatio` ifc
programs and uses of said dates and
charges in the agreement except ` cart certificate of insurance language,
weekly basis, same and
times of use onOaDD•OQ per year, and the negotiating of ,
the rent of $13, of use•
other general understanding
t will run from July 1, 1947, to July 30, 199
This contrac0, a
period of three (3) years.
Res11E> tfully u mi t
rRon Williamson, Director
Parks and Recreation
RV,'- jd
Attach.
RESOLUTION NO. 87-75
RESOLUTION APPROVING CITE' OF LODI AND LOCI GRAPE FESTIVAL R�1D NATIONAL WINE
SNOW MASTER LEASE FOR FESTIVAL GROUNDS
RESOLVED, that the City Council of the City of Lodi does hereby approve City of
Lodi and Lodi Grape Festival and National Wine Show Master Lease for Festival
Grounds.
BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby
authorize the City Manager and City Clerk to execute the agreement on behalf of
the City.
Dated: July 1, 3987
I hereby certify that Resolution No. 87-75 was passed and adopted
by the City Council of the City of Lodi in a regular meeting
held July 1, 1987 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider
and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
GfL(C�/ /f1
Alice M. Reimche
City Clerk
CITY OF LODI AND LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW
MASTER LEASE FOR FESTIVAL GROUNDS
JULY 1, ?98: TO JUNE 30, 1950
LEASE
THIS LEASE, made and entered into this day of July, 1987, by and
between LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a nonprofit corporation,
hereinafter called "Lessor", and the CITY OF LODI, a municipal corporation
of the State of California, hereinafter called "Lessee".
WITNESSETH:
WHEREAS, the real property hereinafter described is owned by the
County of San Joaquin, a political subdivision of the State of California,
and said property is under the management and control of Lessor for the
purpose of conducting thereon the annual San Joaquin County Fair during the
month of September of each year, for conducting a Springtime dine Show, and
to otherwise use, possess and manage the county fairgrounds at all other
times; and
WHEREAS, two buildings are available for the use of Lessee in the
conduct of its recreational programs;
NOW, THEREFORE, the parties hereto do hereby agree as follows:
I
Lessor does hereby lease to Lessee ChablisHall and the Grape
Pavilion, hereinafter called "Buildings", for programs sponsored by and
,
conducted under the supervis
�f the City of Lodi Recreation and Parks
Department on the Lodi Grape Festival grounds situate in the City of Lodi,
County of San Joaquin, State of California. Lessor grants Lessee the
no
nexclusive right to utilize necessary parking lot space, access routes to
the Buildings, and the grounds appurtenant to the Buildings which are
necessary to conduct its recreation program.
II
The term of th;s agreement shall be three (3) years, commencing on
July 1, 1987 and ending June 30, 1990.
III
The Grape Pavilion shall be reserved for Lessee's use from
approximately October 15 of each year through March 30 of the following
blished by mutual written agreement prior
year, unless other dates are esta
to October ist each year. The hours Lessee may use the Pavilion shall be a
follows:
Monday through Friday
5;00 P.M. to II:40 P•m•
Saturday: 8:00 a.m. to 11:00 P.m.
Noon to 11:00 P -m -
Sunday:
Lessor retains the right to use the Pavilion for times other than
those designated above, which right includes renting
the Buildings to others
for
their use, Lessor to require a certificate of insurance from rentor
namin the City of Lodi, Lodi Grape Festival, State of California, County of
9
San Joaquin and the California Fairs Insurance Authority as additional
y Present a written request and schedule for dates it
insureds. Lessee ma
out in this paragraph,
desires to use the Pavilion other than the ones set
-2-
}
and if mutually agreed by Lessor and Lessee, such dates may be included as
reserved dates for Lessee's use.
Chab.lis Hall shall be reserved for Lessee's use from October 1 of each
year through August 15 of the following year. The days and hours shall be
as follows:
Monday through Friday 8:00 a.m. to 11:00 p.m.
Use of Chablis Hall is reserved for use by the Lessor on Saturdays and
Sundays. Lessee may request to Lessor for special use on Saturdays and/or
Sundays.
IV
as rent for the Buildings the sum of
Lessee agrees to pay Lessor
Thirteen Thousand Dollars ($13,000.00) for a period of one {1) year j
ly 1, 1987 and ending June 30, 1988. The rental fee for each
commencing Ju
of the remaining two years of this tease shall be negotiated in January 1988
for the 1988-89 year and again in January 1989 for the 1989-90 year.
V
a referred to in Paragraph IV above shall be in full
The payment €
satisfaction of all use of the Buildings by Lessee, including costs of
tear. Lessee agrees to provide its own
utilities and reasonable wear and
ue to their usage of the Buildings. Any
janitorial service as required d
special flooring such as a basketball floor, if required by Lessee, shall be
provided by, erected and dismantled by Lessee. Lessor shall assist Lessee,
rovidin use o• a forklift and its driver, who shall be Lessor's
by providing
C)"'
�oc�o+hail flooring. It
em2Toyee, in the putting in and laking alit oaiy
is anticipated that such flooring may be put in place on or about the 15th
day of October of each year and shall be removed no later than the 30th
day of ea -ch March, unless other dates are established by mutual written
agreement prior to October 1 each year. Lessor agrees to make inside
storage space available for two basketball floors during the term of this
lease.
Lessee shall be diligent in turning out lights, turning off heaters,
and locking doors on buildings and outside gates daily and nightly after
each and every use. If this provision is not observed, Lessor shall bill
Lessee for use of utilities beyond scheduled hours of use.
VI
In the event that Lessor schedules a use of the Buildings in
accordance 'with this agreement and the basketball flooring is in place at
the time of the usc, Lessee shall provide a protective cover(s) for the
basketball floor(s) and place and remove said cover(s) as required by such
events. Lessor shall give notice of such use to Lessee at least 30 days in
advance of event.
VII
The payment referred to in Paragraph IV above shall have no eff2�;t on
any tax, fee or charge for service made by Lessee, and Lessor hereby agrees
that all such taxes, fees and charges shall be paid upon demand in the
manner prescribed by the applicable ordinance.
VIII
Lessee agrees to exercise all reasonable care and supervision in the
ities and rounds so that same will not be
use of Buildings, facll g
4`
-4-
unreasonably damaged. Lessee agrees to repair or rep -Ce, at ,ts cw<<
expense, any and all damage to Lesser's Buildings, facilities or grounds
caused by Lessee's activities. Lessee agrees to provide adequate qualified
supervision at all times when using Lessor's indoor or outdoor facilities or
grounds. Lessee agrees to clean up all areas used, outside and inside,
including parking areas, on a daily basis. 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 Lessee's activities.
IX
It is expressly agreed and understood that this lease is for the use
of the Lessee for its recreational programs and NO SUBLETTING or assignment
of this lease is permitted. Any programs or activities other than the
basketball, volleyball, dog, archery, and tiny tot programs shall first be
approved by Lessor. Lessor shall retain all concession rights and may
operate a concession during .all applicable events under this lease
specifically granted to Lessee for each event or activity. However,
permission may be granted for Lessee to operate a special concession if.
application is made 30 days in advance to Lessor.
• g
X Y
a
Lessee does hereby agree to indemnify, defend, and save Lessor 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 Lessee is using
the Buildings, facilities and grounds. Lessee agrees at all times during
F
the continuance of this lease, to maintain adequate public liability and r
property damage insurance covering its use, occupancy, and operation of said
premises. Such policy or policies shall carry a specific endorsement
providing that the Lessor, its officers and employee -s, the County of San
Joaquin, and the State of California are named as additional insureds and
that such liability policy or policies are primary insurance as to any
similar insurance carried by Lessor. Lessee shall furnish Lessor with
satisfactory proof of the carriage of insurance required by the Lessor, and
there shall be a specific contractual liability assumed by Lessee pursuant
to this lease. Any policy of insurance required of Lessee under this lease
shall also contain an endorsement providing that at least thirty (30) days
notice must be given in writing to Lessor of any pending change in the
limits of liability or of any cancellation or modification of the policy or
policies.
In the event Lessee is self-insured, Lessee shall provide a
certificate of self-insurance in a form satisfactory to Lessor.
XI
This lease superc'edes existing lease, which would expire June 30, 1988.
The lease shall be in full force and effect on and after the Ist day
of July 1987, and shall remain in full force and effect until the 30th day
of June 1990, unless earlier terminated. Termination may be effected at any
time by mutual consent of both parties or by either party upon the
furnishing of ninety (90) days' written notice to the other. This lease may
be modified by mutual consent of both parties.
XII
This lease shall not have any force or effect unless or until approved
d f Su ervisors of San Joaquin County and signed by the Chairman
by the Boar o p
thereof.
INWI Ti ESS WHEREOF, the parties have set their hands as of the day and
year first hereinabove written.
LESSEE LESSOR
CITY OF LODI, a municipal LODI GRAPE FESTIVAL AND NATIONAL
corporation WINE SHOW, a nonprofit corporation
By
THOMAS A. PETERSON
City Manager
Attest:
ALICE M. REIMCHE
City Clerk
Approved As To Form:
RONALD M. STEIN
City Attorney
agrgrape.fes/txta.Oly
By
President
By
Genera -Manager
APPROVED
COUNTY OF SAN JOAQUIN, a political
subdivision of the State of California
By
Chairman
Board of Supervisors
Attest: JORETTA J. HAYDE
Clerk of the Board of
Supervisors of the County of
San Joaquin, State of California
gy (SEAL)
Deputy Clerk
SE