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HomeMy WebLinkAboutAgenda Report - July 5, 1984 (94)Continued July 5. 1984 AUME*-TT WIMI CU,"CIL ADotrr ) RTr'SOI.LTi(N NO. 84-094 APPROVING ACRE) M17 OaNN RE CaX W M I M IE CLQ NN OF SAN JGW I I N PJ)C;t= I NG USE OF 'ME CRAPE DRIVING RANG I'Wr I VAI. CZM*,M FM M IE I'.RiICEE OF OWMET ING A ODLF APPHOVED DR I V i NG RANG AND ALm m I z w 'Ilii NIAI'CI{2 AMID CITY CLERK 'ID Exi7QIIE m iE AitFmm w im my OF m iE CITY. RES. NO. 84-094 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN. STATE OF CALIFORNIA R-84 RESOLUTION APPROVIW- LEASE. FROM LODI GA.APE FESTIVAL 6 NATIONAL. WINE SHOW TO THE CITY OF LOM FOR A GOLF 'TR I V i NG RANGE. ------------------- WIIF.RFAS, the IA)41 t Crani• Fest ival a Nnt tonal Wine Show. n nonprof It corporation, and the City of Lodi have entered Into a lease effective July 1. 1984, of a portion of the premises of the Lodi Grape Festival Grounds for the purpose of conducting a Rolf driving range; NOW. TREREFORE, BE IT RESOLVED that said lease be. and it hereby Ilk. approved, and that the Chairman of t'`!s Board of Supervisors be, and ho hereby It. st,thori:ed and directed to endorse said approval on said lease. PASSED AND ADOPTED this day of 1984, by the following vote of the Board of Supervisors. it, wit: AYES: A h', F "T : GEORCY RAR RFR , Chis i rsan Board of Supervisors Countv of San Jo.4quin State of California ATTEST: JORETTA .I. 11AYDE Clerk of the Board of Super- visors of the Countv of San Joaquin. State of California Rv Deputy Clerk L E A S E THIS LEASE. made and entered into this day of 1984. and between LODI CRAPE FESTIVAL 6 NATIONAL WINE SHOW. a non-profit cor- poration. hereinafter called LESSOR, and the CITY OF LODI, a mtm icipai corpor- ation of the State of California. hereinafter called LESSEE: WITNESSETH THAT: I. LESSOR hereby leases unto LESSEE that certain real property situate in the City of Lodi. County of San Joaquin. State of California. more partic- ularly described as follows; (Property description subject to revision for clarification purposes) The East 525 feet of the following described parcel; Commencing at the Southeast corner of the Northeast 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. 2. It is understood that said property shall be used by LESSEE only for the purpose of conducting a golf driving range thereon along with such other customary auxiliary services as are generally provided at golf driving ranges. LESSOR reserves the right to approve or disapprove any St,b-LESSEE. 3. This lease shall commence as of July 1. 1984. and terminate on the 30th day of June. 1987. 4. It is understood that LESSEE will sublet said presises to on indi- vidual or individuals for the purpose of operating said golf driving range. and that as a part of said rental. LESSEE shall be entitled to a percentage of the receipts from the use of golf balls. As rent for this lease. it is understood and agreed that LESSEE shall pay to LESSCIR 50 7cr cer.; of all of the revenue received by LESSEE from the operator of the range for the rental of the golf balls. LESSEE, shall pay said rent to LESSOR monthly or immediately after re- ceiving receipts from Sub -LESSEE. It is expressly understood that no other sub -letting of the property by the LESSEE or its sub -LESSEE shall be permitted. 5. It is understood and agreed that all surface improvements on the drmised premises. in•luding buildings. doles and lights. are the property of LESSEE and may he removed by LESSEE at the termination of this lease or sooner. provided that the LESSEE is not in default in any of the terms and pro-,isions hereof. 6. It is understood and agreed that neither the LESSEE nor Sub -LESSEE will attach any permanent buildings or fixtures to the grounds without first obtaining written permission of the LESSOR. 7. It is understood and agreed that neither LESSEE nor sub -LESSEE of said Golf Driving Rang* shall be entitled to use or occupy said land during the annual Grape Festival. i.e. the three days imvaediately preceding the opening day of Festival and the two days following Festival. and that neither LESSEE nor Sub -LESSEE is to water the lawn area for at least three days prior to the 1st day of Festival. Watering of the lawn area will not be reinsti- tuted until after the Festival and Braid Golf Range property is returned to Sub -LESSEE as it was received. The area commonly known as the putting green any 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 Golf Range property. LESSEE and Sub -LESSEE will suspend operation of the Golf Driving Range and will permit LESSOR full use of the lawn area for use as may benefit LESSOR. LESSOR is to return lawn area to LESSEE in useable conditt", . Neither LESSEE or sub -LESSEE shall water the lawn for at least three days prior to the lot day of each event. For the privilege of preemption. LESSOR agrees to relsr- burse suh-LESSEE at the rate of One Hundred ($100.00) Dollars per day of actual use by LESSOR, it being understood this provision shall not apply to the annual Crape Festival period. week preceding and two days following. In no event shall LESSOR preempt LESSEE or Sub -LESSEE sort than ten (10) times per year. exclusive of the annual Grape Festival period as identified in paragraph 7. 4. 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. 10. If for any reason the LESSEE shall terminate its sub -lease with the Golf Range operator on record at time of this agreement. it is understood that ni new sub -lease will extend beyond the expiration time of this 3ocusient. 11. LESSEE covenants and agrees to properly care for, water and mow the present lawn and turf located on the demised property. -2- ' 12. LESSEE does hereby agree to indemnify, defend and save LESSOR free and harmless from any and all claims for lose. damage, injury or liability to persons or property that may arise during the time that LESSEE or its Sub -LESSEE is using said leased prem'_ses. LESSEE agrees. at all times during the continuance of this lease. to maintain public liability and property damage insurance in amounts satisfactocy to LESSOR, covering its use. occupancy. and operation of said premises. Such policy or policies shall carry a specific endorsement providing that the LESSORS, its officers and employees. the County of San Joaquin. 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 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 pro- vid:'ng that at least ten (10) days' notice must be given in writing to LESSOR of any pending change in the livits of liability or of any cancella- tion 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 provided herein. to LESSOR. 14. In the event LESSEE is self-insured. LESSEE shall provide a certi- ficate of self-insurance in a form satisfactory to LESSOR. -3- IN WITNESS WHEREOF. the parties have set their tartds as of the day and year first hereinabove written. LESSOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a non-profit corporatiova By _ President (SEAL) By General Manager ATTEST! -4- LESSEE CITY OF LODI. a nunicipa) corporation of the State of California By Mayor City Clerk The foregoing lease is hereby approved by Resolution of the Board of Supervisors dated ATTEST: JORETTA J. HAYDE Clerk of the Board of Super- visors of the County of San Joaquin. State of California By Deputy Clerk . 1984. GEORGE BARBER. Chairman Board of Supervisors County of San Joaquin State of California RE90LUTICN NO. 84-094 R 3OLVTICN APPMVING AMMVl M WIIM IM C MW Y OF SAN JC1Af UIN R14GARDING THE USE OF TILE CRAPE FESTIVAL CRWDS FCR T1EE MUK)SF. OF OCl[dLX.TIN^u A MY IRIVING RANG RESMVFD that the City CounctI of the City of Lodi does hereby approve an agreement with the County of San Joaquin regarding the use of the Grape Festival Grounds for the purpose of conducting a golf driving range. A copy of which Agreement is attached hereto identified as Exhibit "A" and thereby made a part thereof. BE IT FLRIFl2~R FWMVFD that the City CounctI of the City of Lodi does hereby authorize the Mayor and City Clerk to execute the subject Agreement on behalf of the City. Dated: July 5, 1984 1 hereby certify that Resolution No. 84-094 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 5. 1984 by the following vote: . Ayes: Council Nimbers - Hinchman. Reid. Olson. and Snider (Mayor) Noes: Council Nimbers - None Absent: Council Nimbers - /Pjiinkerton &'� %; Alice M. Rei he City Clerk 84-094 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN. STATE OF CALIFORNIA R-84 RESOLUTION APPROVING LEASE FROM LODI GRAPE FESTIVAL b NATIONAL WINE SNOW TO THE CITY OF LODI FOR A GOLF DRIVING RANGE W ERFAS. the Lodi Crape Festival b National Wine ;how. it nonprofit corporation, and the City of Lodi have entered into a lease effective July 1. 1984. of a portion of the premises of the Lodi Grape Festival Grounds for the purpose of conducting a golf driving range; NOW. THEREFORE, BE IT RESOLVED that said lease be, and it hereby is, approved. and that the Chairman of this Board of Supervisors be, and he hereby is, authorized and directed to endorse said approval on said lease. PASSED AND ADOPTED this day of 1984, by the following vote of the Board of Supervisors, to wit: AYES: NOES: ABSENT: GEORGE BARBER. Chairman Board of Supervisors County of San Joaquin State of California ATTEST: JORETTA .1. 11AYDE Clerk of the Board of Super- visors of the County of San Joaquin. State of California By __ Deputy--- The foregoing lease is hereby approved by Resolution of the Board of Supervisors dated , 1984. GEORGE BARBER, Chairman Board of Supervisors County of San Joaquin State of California ATTEST: JORETTA J. HAYDE Clerk of the Board of Super- visors of the County of San Joaquin, State of California By Deputy Clerk L E A S E THIS LEASE, made and entered into this day of 1984, and between LODI GRAPE FESTIVAL 4 NATIONAL WINE SHOW, a non-profit cor- poration. hereinafter called LESSOR, and the CITY OF LODI, a municipal corpor- ation 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 partic- ularly described as follows; (Property description subject to revision for clarification purposes) The East 525 feet of the following described parcel; Commencing at the Southeast corner of the Northeast It 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. 2. It is understood that said property shall be used by LESSEE only for the purpose of conducting a golf driving range thereon along with such other customary auxiliary services as are generally provided at golf driving ranges. LESSOR reserves the right to approve or disapprove any SUB -LESSEE. 3. This lease shall commence as of July 1, 1984, and terminate on the 30th day of June, 1987. 4. It is understood that LESSEE will sublet said premises to an indi- vidual or individuals for the purpose of operating said golf driving range, and that as a part of said rental, LESSEE shall be entit'•g-d to a percentage of the receipts from the use of golf balls. As rent for this lease, it is understood and agreed that LESSEE shall pay to LESSOR 50 per cent of all of the revenue received by LESSEE from the operator of the range for the rental of the golf balls. LESSEE shall pay said rent to LESSOR monthly or immediately after re- ceiving receipts from Sub -LESSEE. It is expressly understood that no other sub -letting of the property by the LESSEE or its sub -LESSEE shall be permitted. 5. It is understood and agreed that all surface improvements on the demised premises, including buildings. poles and lights, are the property of LESSEE and may be removed by LESSEE at the termination of this lease or sooner, provided that the LESSEE is not in default in any of the terms and provisions hereof. 6. It is understood and agreed that neither the LESSEE nor Sub -LESSEE will attach any permanent buildings or fixtures to the grounds without first obtaining written permission of the LESSOR. 7. It is understood and agreed that neither LESSEE nor sub -LESSEE of said Golf Driving Range shall be entitled to use or occupy said land during the annual Grape Festival, i.e. the three days immediately preceding the E opening day of Festival and the two days following Festival. and that neither LESSEE nor Sub -LESSEE is to water the lawn area for at least three days prior t to the 1st day of Festival. Watering of the lawn area will not be reinsti- tuted until after the Festival and said Golf Range property is returned to Sub -LESSEE as it was received. The area commonly known as the putting green ' r may be watered during the time of the Festival. 8. It is understood and agreed that, in the event LESSGR rents the Festival grounds for major events requiring use of the Golf Range property. LESSEE and Sub -LESSEE will suspenc operation of the Golf Driving Range and will permit LESSOR full use of the :awn area for use as may benefit LESSOR. LESSOR is to return lawn area to LESSEE in useable condition. Neither LESSEE or sub -LESSEE shall water the lawn for at least three days prior to the 1st day of each event. For the privilege of preemption, LESSOR agrees to reim- burse sub -LESSEE at the rate of One Hundred ($100.00) Dollars per day of nctunl use by LESSOR. it being understood this proviaton shall not npply to the annual Grnpe Festival period, week preceding and two days following. In no event shall LESSOR preempt LESSEE or Sub -LESSEE more than ten (10) times 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. 10. If for any reason the LESSEE shall terminate its sub -lease with the Golf Range operator on record at time of this agreement, it is understood k that no new sub -lease will extend beyond the expiration time of this document. 11. LESSEE covenants and agrees to properly care for, water and mow the present lawn and turf located on the demised property. 12. 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 that LESSEE or its Sub -LESSEE is using said leased premises. LESSEE agrees, at all times during the continuance of this lease, to maintain public liability and property damage insurance in amounts satisfactory to LESSOR, covering its use, occupancy, and operation of said premises. Such policy or policies shall carry a specific endorsement providing that the LESSORS, its officers and employees, the County of San Joaquin, 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 the LESSOR. LESSEE shall furnish LESSER 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 pro- viding that at least ten (10) days' notice must be given in writing to LESSOR of any pending change in the limits of llavility or of any cancella- tion 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 provided herein, to LESSOR. 14. In the event LESSEE is self-insured, LESSEE shall provide a certi- ficate of self-insurance in a form satisfactory to LESSOR. -3- IN WITNESS WHEREOF, the parties have set their hands as of the day and year first hereinabove written. LESSOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a non --profit corporation By President (SEAL) By General Manager LESSEE CITY OF LODI, a municipal corporation of the State of California By Mayor ATTEST City Clerk -4-