Loading...
HomeMy WebLinkAboutAgenda Report - July 7, 1982 (52)CITY COUNCIL MEETING JULY 71 1982 i Council approved an agreement between the City of Lodi and Bob Gassaway regarding Mr. Gassaway's operation of the Lodi Golf Driving Range, and authorized the Mayor and City Clerk to execute the subject agreement on behalf of the City. _A. %A% lmw­r� VV A G R E E M E N T THIS AGREEMENT made and entered into as of the day of , 19 , by and between the CITY OF LODI, a Municipal Corporation, hereinafter called First Party, and BOB GASSAWAY, hereinafter called Second Party. W I T N E S S E T H: First Party does hereby grant to Second Party the exclusive right to operate the golf driving range located at the Northwest corner o; Highway 99 and Lockeford Street in the City of Lodi, State of California, for a term commencing 19 and terminating at midnight on 19 , on the following terms and conditions: 1) As consideration for this Agreement, Second Party agrees to pay First Party a monthly rental of $100.00 per month, payable monthly in advance. In addition thereto, Second Party covenants and agrees to do the following: (a) Pay to First Party 101 of the gross revenue received for the rental of balls. (b) Obtain public liability insurance in the minimum sums of $500,000 and to at all times keep a Certificate of Insurance on file with the City Clerk of the City of Lodi. (c) Not allow liquor or beer to be sold or consumed on the premises. (d) Provide and furnish, free of charge, to patrons necessary golf clubs. (e) Keep said range open to the public six days each week and at such hours on said days as shall be determined by the Recreation Director of the City of Lodi. -1- (f) Keep said premises in a clean and neat condition at all times and to properly and at seasonable times water the grass area of said driving range. 2) First Party covenants and agrees to do the following: (a) Agrees to cut grass at driving range. (b) Furnish, install, and repla-ce all necessary light bulbs. 3) Second Party does hereby acknowledge that all improve- ments and structures located on said premises are the property of First Party. 4) Second Party does hereby acknowledge that he has read the Master Lease dated 19 , wherein Lodi Grape Festival and National Wine Show, Inc., is referred to as Lessor and First Party as Lessee and which lease covers the property hereinabove referred to. Second Party does hereby agree to be bound by the terms of said Master Lease insofar as said terms affect his operation and use of said property by Second Party. 5) In the event that Second Party fails to comply with any of the foregoing covenants and/or conditions, First Party shall then have the right to terminate and cancel this Agreement, it being understood and agreed that First Party shall be the sole judge as to whether the terms of this Agreement are being met. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first hereinabove written. CITY OF LODI, a Municipal Corporation BY Mayor First Party ATTEST: BY _ City Clerk Approved: Secd6d Party City Attorney _�_ LI M E M O R A N D U M C.) TO: Alice, City Clerk FROM: Ed DeBenedetti, Director, Recr,aation and Parks RE: Golf Driving Range Ccntract DATE: June 24, 1982 Dear Alice: I would like to have the attached proposed contract put on your next City Council agenda for approval. I am recommending that it be accepted for the next three years as it does perform a service for the City of Lodi for very little cost in comparison to other activities. The three year -contract will coincide with the master contract that was submitted by the Festival Association for renewal. ED:jd Attach. OUNCIL COMMUNICATI'N TO THE CITY COUNCIL DATE NO. FROM THE CITY MANAGER'S OFFICE June 24, 1982 SUBJECT. Agreement on Golf Driving Range Attached is an Agreement with the operator of the Golf Driving Range, which has been signed by Bob Gassaway. I have also attached some background information regarding this operation, which should be helpful to you. Personally, I would recommend that it be accepted for the next three years. Even though it is not a money -making proposition for the City of Lodi, it does perform a service for very little cost to the Department. In comparison to other activities such as baseball or basketball, it is more in the way of sustaining itself than many other activities. Ed DeBenedetti, Director Recreation and Parks ED:jd Attach. 0 June 22, 1982 Mr. Robert Gassoway Lodi Golf Range 531 E. Lockeford Lodi, CA 95240 Dear Fob: v - Enclosed you will find three copies of the proposed Golf Range Contract. I will recommend a 3 -year contract to coincide with the master contract that was submitted by the Festival Association for renewal. You will note that the percentage remains the same, but we are increasing the rent from $40.00 to $100.00 per month. This seems like quite an increase, but based on'our figures, the City loses approximately $1,200.00 per year on the range, and this does not include any charges for mowing, light replacement, painting, screen repair, which will cost a great deal this coming year,. I felt that I had to show a substantial increase in order to justify the opera- tion. Gross receipts from the range were: $ 480.00 Rent $1,575.00 Ball Rental in 1980-81 Net to the City after giving half to the Festival was: $ 787.00 plus $480.00, or $1,267.00 Our cost for water, utilities, sewer, and electricity amounted to $1,641.58, plus some $500.00 for miscellaneous costs and charges from other departments, such as, light replacement, and a vttriety of work we have to do. By this you can see that we are not even beginning to break even. This contract is a proposal. If you agree, please sign all copies and return to me for presentation to the Council. If you disagree, I will be willing to talk to you or you can suggest a proposal. Regardless, it will be up to the Council to make the final decision. I feel I can recommend this agreement; anything less would be hard to back up. Sincerely, ED:jd Ed DeBenedetti, Director Enc. t A G R E is r E R 'r THIS AGREEMENT made and entered into as of the /t-}, day of July �. 19 82 , by and between the CITY OF LODI, a Municipal Corporation, hereinafter called First Party, and BOB GASSAWAY, hereinafter called Second Party. W I T N E S S E T H: First Party does hereby grant to Second Party the exclusive right to operate the golf driving range located at the Northwest corner of Highway 99 and Lockeford Street in the City of Lodi, 1 State of California, for a term commencing autY 1, 19 82 , and terminating at midnight on June 30 � 1985 ou the following terms and conditions: i i 1) As consideration for this Agreement, Second Party agrees to pay First Party a monthly rental of $100.00 per month, payable monthly in advance. In addition thereto, Second "arty i covenants and agrees to do the following: i (a) Pay to First Party 1Oz of the gross revenue received for the rental of balls. # (b) Obtain public liability insurance in the minimum sums of $500,000 and to at all times keep a Certificate of 3 Insurance on file with the City Clerk of the City of Lodi. (c) Not allow liquor or beer to be sold or consumed i r on the premises. (d) Provide and furnish, free of charge, to patrons necessary golf clubs. (e) Keep said range open to the public six days each ; 1 week and at su^h hours on said days as shall be determined by the Recreation Director of the City of Lodi. i a t -1- (f) Keep said premises in a clean and neat condition at all times and to properly and at seasonable times water the grass area of said driving range. 2) First Party covenants and agrees to do the following: (a) Agrees to cut grass at driving range. (b) Furnish, install. and replace all necessary light bulbs. 3) Second Party does hereby acknowledge that all improve- ments and structures located on said premises are the property of First Party. 4) Second Party does hereby acknowledge that he has read the Master Lease dated June 29 19 82 wherein Lodi Grape Festival and National Wine Show. Inc., is referred to as Lessor and First Party as Lessee and which lease covers the property hereinabove referred to. Second Party does hereby agree to be bound by the terms of said Master Lease insofar as said terms affect his operation and use of said property by Second Party. 5) In the event that Second Party fails to comply with any of the foregoing covenants and/or conditions, First Party shall then have the right to terminate and cancel this Agreement, it being understood and agreed that First Party shall. be the sole judge as to whether the terms of this Agreement are being met. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first hereinabove written. CITY OF LODI, a Municipal Corporation BY �._j Fred M. Reid,Mayor First Party ATTEST: BY Alice M. Reimche, City Clerk ' Apg�-ovQd: S e c.01d Party Ron Stein, City Attorney