HomeMy WebLinkAboutAgenda Report - July 1, 1987 (73)TC THE CITY COUNCIL
FROM THE CITY MANAGER'S OFFICE
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� tU I -S u l L f. V ;�"i :e`I U ;V I L A'I'IF"`:11
DATE NO
Tule 11, 197
SUBJECT Approve Agreement between Lodi Grape Festival and national Vine Show
_
and the City of ior?i for the lea -se of the rnlf Dj:jving Iian-c-, PZo erty
PREPARED BY:
Director, Parks and Recreation
RECOMMENDED ACTION: That the City Council approve the attached
agreement between the Lodi Grape Festival
and National :Vine Show and the Citv of Lodi
for the lease of the Golf Driving Range Property.
BACKGROUND INFORMATION: The Golf Driving Range Property Agreement
officially puts into written form an
agreement between the Lodi Grape Festival
and rational. Wine Show and the City of Lodi for the lease of said
property, our sub -leasing to a golf driving range concessionaire/
operator, and general understanding of use, operations, maintenance,,
insurance, structure uses seasonally by the Festi,,31 for
their annual Grape Festival, as, well as special. events, etc.
it has been the policy, and we are recommending thatthe request by
the Festival Board of 50% rentalin relation to golf ball sales, be
continued and that this contract/agreement will run from Julyr 1,
1987, to June 30, 1.990, a three (3) year period of time.
RESOLUTION NO. 87-76
RESOLUTION APPROVING
LEASE AGREEMENTN�OROGOLFGRAPE
CRIVINGFESTIVAL
RANGEAIvD NATIONAL WINE
RESOLVED, that the City Council of the City of Lodi does hereby approve City of
Lodi and Lodi Grape Festival and National Wine Show Lease Agreement for Golf
Driving Range.
BE IT FURTHER RESOLVED that the City 1of e
execute the tagreemeny of dt on agreement es eof
authorize the City Manager and City Cl erk to
the City.
Dated: July 2, 2987
I hereby certify that Resolution No. 87-76 was passed and adopted
by the City Council of the City of Lodi in regular meeting('
held July 2, 2987 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider,;
and Olson (Mayor)
Noes: Council Members - None
3
Absent: Council Members - None
�
Alice M. geimche
City Clerk '
t
87-76
0
CITY OF LODI AND LODI GRAPE FEST IVAL AND NATIONAL WINE SHOD
LEASE AGREEMIEN'T FOR GOLF DRIVING RANGE
JULY 1, 1.987 TO 1UNE 30, 1990
L E A S E
THIS LEASE, made and entered into this day of
to , and between LODI GRAPE FESTIVAL & NATIONAL
WINE SHOW, a non-profit corporation, hereinafter called LESSOR, and
the CITY OF LODI, a municipal corporation of the State of California,
hereinafter called LESSEE:
WITNESSETH THAT:
1. LESSOR hereby leases unto LESSEE that certain real property
situate in the City. of Lodi, County of San Joaquin, State of
California, more particularly described as follows:
The East 525 feet of the following described
parcel: Commencing at the Southeast corner of
the Northeast 1/4 of Section 1, Township 3 North
Range 6 East, along the East line of Section 1
North 660 feet; thence N. 89 degrees 41' 30" W.,
1320 feet; thence 749.1 feet; thence N. 86
degrees 26' E., 1322.6 feet to the point of
beginning and containing 21.35 acres of land.
(hereinafter known as "the facility".)
2. It is understood that said facility shall be used by LESSEE
only for the purpose of conducting a golf driving range, and/or other
=I-
sports -type operations, along
with such other customary auxiliary
services as are generally provided at such facility.
LESSOR reserves the right to approve or disapprove any Sub -LESSEE.
3. This lease shall commence as of July I, 1487, and termite
on the 30th day of June, 1990L,
4. It is understood that LESSEE will sublet said facility to an
said golf
individual or individuals for the purpose of operatin 9
driving range, and/or other related sports activity, and that as a part
of said rental, LESSEE shall be entitled to a percentage of the
'lt iS
receipts from the use of the facility. As rent for this
understood and agreed that LESSEE shall pay to LESSOR _______ per cent
of all of. the revenue received by LESSEE from the operator of the
facility for the rental of the golf balls. Rent from any
additional
said rent to
sports enterprises would be negotiable. LESSEE shall pareceipts from
LESSOR monthly or irtunediately
after receiving
.Sub -LESSEE. It is expressly understood that no other sub -letting of
the property by the LESSEE or its Sub -LESSEE shall be permitted.
improvements on
5. It is understood and agreed that all surface im rovare the
the demised premises, including buildings, Poles and lig
property of LESSEE and may be removed by LESSEE at the termination of
+hic tease or sooner, provided that the LESSEE is not in default in any
6. It is understood and agreed that neither the LESSEE .nor
Sub -LESSEE will attach any permanent buildings or fixtures to the
vrounds without first obtaining written permission of the LESSOR.
7. It is understood and agreed that neither LESSEE nor
Sub -LESSEE of said facility shall be entitled to use or occupy said
land during the annual Grape Festival, i.e., the three days immediately
preceding the opening day of the Festival and the two days following the
Festival, and that neither LESSEE nor Sub -LESSEE is to water the lawn
area for three days prior to the first day of the Festival. Watering
of the lawn area will not be reinstituted until after the Festival and
said facility is returned to Sub -LESSEE as it was received. The area
commonly known as the putting green may be watered during the time of
the Festival.
8. It is understood and agreed that, in the event LESSOR rents
the Festival grounds for major events requiring use of the facility,
LESSEE and Sub -LESSEE will suspend operation of the facility and will
area for use as may benefit LESSOR.
permit LESSOR full use of the lawn t
LESSOR is to return lawn area to LESSEE in clean condition within 48
hours of the conclusion of said event. Neither LESSEE nor Sub -LESSEE
shall water the lawn area for three days prior to the first day of eachv
of preemption, LESSOR agrees to
such event. For the privilege
of One Hundred Dollars ($100) per
reimburse Sub -LESSEE at the rate
day of actual use by LESSOR, it being understood this provision shall
not apply to the annual Grape Festival period, the week preceding and {
towin
o days foil g . In no event shall LESSOR preempt LESSEE or
w
s
-3-
Sub -LESSEE more than five ()
events per year,
exclusive of the annual Grape Festival period as identified in
paragraph 7.
9. It is understood and agreed that the LESSOR may cancel this
lease upon giving the LESSEE twelve (12) months' written notice prior
thereof. It is understood that the same conditions would prevail
should LESSEE want to terminate.
-lease
10. If for any reason the LESSEE shall terminate its sub
Agreement. it is
with the facility operator of record at time of this
understood that no new sub -lease will extend beyond the expiration time
of this document.
lI. LESSEE covenants and agrees to properly
care for, water and
the resent lawn and turf located on the demised property.
defend and save LESSOR
maw P
12. LESSEE
does hereby agree to indemnify,
harmless from any and all claims for loss,
damage,
injury or liability
persons or property that may arise during the time that LESSEE or
to P LESSEE agrees, at all
its Sub -LESSEE is using
said leased premises.
times during the continuance of this lease,
to maintain public
ilit and property damage insurance in the amounts of
liab Y
its use, occupancy,
$1,000,000/$1,000,000, each occurrence, covering
remises. Such policy or policies shall carry a
and operation of said p its officers and
specific endorsement providing that the LESSORS'
employees, and
the County of San Joaquin, State of California are named
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as additional insureds and that such liability policy or policies are
primary insurance as to any similar insurance carried by the 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 the 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.
13. LESSEE shall require any Sub -LESSEE to also maintain
insurance policies as provided for herein and to provide proof of
insurance and all endorsements, as p
rovided herein, to LESSOR.
14. In the event LESSEE is self-insured, LESSEE shall provide a
certificate of self-insurance in a form satisfactory to LESSOR.
IN WITNESS WHEREOF, the parties have set their hands as of the
day and year first hereinabove written-
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.ESSEE
CITY OF LODI, a municipal
corporation of the State of
California
By
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. REIMCHE
City Clerk
APPROVED AS TO FORM:
RONALD M. STEIN
City Attorney
agrfesti/txta.02v
LESSOR
LODI GRAPE FESTIVAL AND NATIONAL
WINE SHOW, a non-profit corporation