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HomeMy WebLinkAboutAgenda Report - September 7, 1983 (43)LEASE WITH L DI A proposed Lease between the City of Tedi and the Lodi Crape GRAPE FESTIVAL Festival and National Wine Show for the Festival's use of KR USB OF the stadium was presented for Councfl's perusal and STAV I MI AMOM approval. Following discussion, on mot ion of Counc i 1 Martie r Murphy, Reid second, Council adopted Resolution No. 83-102 RES. ND. 83-102 approvAng the subject lease and authorizing the Mayor and City C'erk to execute the subject agreement on behalf of the City. LEASE THIS LEASE, entered into this day of 19 , by and between CITY OF LODI, a municipal corporation of the County of San Joaquin, State of California, Lessor, and LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a corporation duly organized and existing under and by virtue of the laws of the State of California and having its principal place of business in the County of San Joaquin, State of California, Lessee. WITNESSETH: That for and in consideration of the rent to be paid and the covenants to be faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Lodi Stadium property, as oNown on Exhibit *A*, attached hereto and incorporated herein by reference, situated in Pioneer Park in said City of Lodi, together with all bleachers, dressing rooms, and structures used in connection therewith and any and all equipment used in connection therewith. That certain contract dated January 7, 1948, by and between the parties hereto and concerning said property is hereby terminated. The period for which said stadium, structures and equipment are so leased, are for such one of the weeks of the month of September of each year, as Lessee may select. The term of this lease shall be for a period of ten (10) years, with option for ten (10) additional _1_ .,....,.:,.-�s+.�.ar�-..«„� ,,.,:-......_.�,..,..r,,Y:;,_.,.a,.:nccyf.-•ssv=cw-.;.s„-.cs.t �;:..,.t—sy;. - ��:c irua ,a3 ra c - years, commencing September of the year 1983 and ending with September of the year 1992. This lease may be extended for ten (10) years, provided that the Lessee notifies the Lessor of his intention to exercise this option and pays the rental on or before January 15 of each year. It is understood and agreed that the term "week" as herein used shall mean Monday through Sur4ay of any week of September as Lessee may select for the said term or period, commencing with September of the year 1983 and ending with September of the year 1992. It is understood and agreed that on or before July 1st of each of said years during the life of thin contract, Lessee shall notify the City Clerk of said City of Lodi in writing of, and in such notice shall state, which of said weeks of the then ensuing year the Lessee desires for the use by Lessee of said stadium. It is further understood and agreed that for any performances Lessee desires to conduct, Lessee shall pay to Lessor for the use of said stadium, equipment and personal property in connection therewith, the current rate for all electricity actually used each year during such respective use and/or in preparation therefor. It is understood and agreed that any energy charges as may become due to Lessor hereunder shall be paid to Lessor by Lessee on or before the end of the current year in which incurred. WIG It is rther understood, and a ed that within three (3) days after such performances as Lessee may conduct during said term, Lessee shall clean up the said Stadium by removing therefrom all debris which Lessee may have caused to be in or upon the said Stadium Property because of such performance. It is by mutual agreement that the Lodi Grape Festival Association during its regular yearly Festival Show held in September may have exclusive use of the aforedescribed property for parking and other uses as may be consistent with its program and retain all revenues derived from said use. At other times, for special events, Lessee may be granted permission for use of Section 2 of Exhibit "A", after Lessee has requested use of the area through the Recreation and Parks Department. Lessee shall retain 758 of all revenues derived from any use of Section 2 of Exhibit "A" granted by this lease, on the first six uses per year, and 508 on all other uses, not including the use by Lessee of the property during the Grape Festival, wherein Lessee shall retain all revenue from Section 2, Exhibit "A". The remaining reven-ie from Section 2 of Exhibit "A" shall be retained by Lessor. Lessee agrees that it will not commit nor suffer to be committed any waste or damage to or upon said Stadium, structures or equipment during such time or times as it may use said Stadium,, structures and equipment during the life of this lease, reasonable use and wear and damage by the elements excepted. -3- Lessee covenants and agrees to indemnify and save Lessor free and harmless from any and all liability of any kind or character for damage or injury to persons or property that may or might occur within the area covered by the within lease, and for this purpose, Lessee shall furnish to Lessor a certificate of insurance certifying that the City of Lodi is named as an additional insured on a public liability policy with limits of $500,000.00/$1,000,000.00. It is understood and agreed that Lessee shall not assign this lease or sublet all or any part of said leased premises or equipment without the written consent of the Lessor first had and obtained, and neither this lease, nor any interest therein shall be assigned or assignable, either by operation of law or otherwise. It is further understood and agreed that if Lessee should fail to pay any of the rentals herein reserved or any part thereof, or any of said electrical energy charges as the same shall fall due hereunder, Lessor may at its option, terminate this lease and all the rights of Lessee after giving to Lessee at least thirty (30) days written notice of such termination. This lease and all the terms and conditions hereof shall inure to and bind the successors and assigns of Lessee subject to all the terms and conditions hereof, Lessee, however, not to have the right to assign this lease without the written consent of Lessor first had and obtained. -4- It is understood and agreed that Festival shall provide and have control of all concessions, such as but e not limited• to sale of beer, soft drinks, candies, peanuts, hot dogs, seat cushions, parking, broadcasting and concessions of like kind, shall, during all performances which may, be held hereunder by the Lessee, be under the exclusive control and supervision of Lessee and Lessee shall be entitled to retain all revenue made therefrom. Lessee may in Lessee's discretion contract with third parties to provide such concessions. The rental fee shall be $1.00 per year, plus Lessee shall pay for the electricity, clean up, garbage removal and a payment to the City of $0.35 (Thirty-Five Cents) _ per each paid gate admission that enters the Stadium, if an admission fee is charged. It should be noted that if utilities beyond the standard service available are required, the additional cost is to be borne by the Lessee. M IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and entered into this lease in duplicate the day and year herein first above written. ATTEST: CITY CLERK CITY OF LODI, a municipal corporation By MAYOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, INC. By PRESIDENT By SECRETARY -6- A� .. aft V4� a '►; to �. �r�—`!i ;' a w.c.ct so -.:t � 1 Q �� �3 � � ►� - . �--s.--s—i,. �. 110 NE ~_- —.._---..-___.--_-----.-____-- ; luXQaZ'!Q1 Co Is 17 es N%ORA to1 STADIUM PROPERTY ra Q nom: c x• 1`. i x '. 390 ma ° :L.AWRcnCE:AVE. w F'�^2 '-g Cf) ptr iI a60 ► 1M M4AC few % •r Nrpa M/ M� tt]r+►� {t/ �/� JMV Missl THIS LHASE, entered into this day of . 1933 by and between CITY OR LODI. a Municipal Corporation of the Sixth Class of the County of San Joaquin, State of California, Lessor, and LODI GRAPE FRS TIVAL AND NATIONAL MINE SItOM. a corporation duly organisied and existing under and by virtue of the laws of the State of California and having its principal place of business in the County of San Joaquin,•' State of California, Lessee. WITNESSETH: That for and in consideration of the rent to 6e paid and the covenants to he faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Lodi Stadium Property, as shown on Exhibit "A". attached hereto and incorporated herein by reference, situated in Pioneer Park in said City of Lodi, together with all bleachers, dressing rooms, and structures used In connection there- with and any and all equipment used in connection therewith. That certain contract dated January 7, 1918, by and between the parties hereto and concerning said property is hereby terminated. The period for which said stadium, structures and equipment are so leased, are for such one of the weeks of the month of September of each year. as Lessee may select. The term of this lease shall be for a period of ten (10) years, with option for ten (10) additional years, commencing September of the year and ending with Septesber of the year Lessee covenants anti agrees to pay as rent for said premises the sum of ONE DOLLAR ($1.00) per year. This lease ■ay be extended for ten (10) years, provided that the Lessee notifies the Lessor of his intention to exercise this option and pays the rental on or before January 1S of each year. It is understood and agreed that the term "week" as herein used shall mean Monday through Sunday of any week of September as Lessee may select for the said term or perfod, commencing with September of the year and ending with September of the year i__ r A S 1' THIS LHASE, entered into this day of . 1933 by and between CITY OR LODI. a Municipal Corporation of the Sixth Class of the County of San Joaquin, State of California, Lessor, and LODI GRAPE FRS TIVAL AND NATIONAL MINE SItOM. a corporation duly organisied and existing under and by virtue of the laws of the State of California and having its principal place of business in the County of San Joaquin,•' State of California, Lessee. WITNESSETH: That for and in consideration of the rent to 6e paid and the covenants to he faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Lodi Stadium Property, as shown on Exhibit "A". attached hereto and incorporated herein by reference, situated in Pioneer Park in said City of Lodi, together with all bleachers, dressing rooms, and structures used In connection there- with and any and all equipment used in connection therewith. That certain contract dated January 7, 1918, by and between the parties hereto and concerning said property is hereby terminated. The period for which said stadium, structures and equipment are so leased, are for such one of the weeks of the month of September of each year. as Lessee may select. The term of this lease shall be for a period of ten (10) years, with option for ten (10) additional years, commencing September of the year and ending with Septesber of the year Lessee covenants anti agrees to pay as rent for said premises the sum of ONE DOLLAR ($1.00) per year. This lease ■ay be extended for ten (10) years, provided that the Lessee notifies the Lessor of his intention to exercise this option and pays the rental on or before January 1S of each year. It is understood and agreed that the term "week" as herein used shall mean Monday through Sunday of any week of September as Lessee may select for the said term or perfod, commencing with September of the year and ending with September of the year It is understood and agreed that on or before July 1st of each 0 of said years during the life of this contract, Lessee shall notify the City Clerk of said City of Lodi in writing Of, and in' -such notiee shall state, which of said weeks of the then ensuing year the Losses desires for the use by Lessee of said stadium. It is further understood and agreed that for any performances Losses desires to conduct, Lessee shall pay to Lessor for the use of said stadium. equipment and personal property In connection therewith, the current rate for all eluctricity actually used each year during such respective use and/or in preparation therfor. It is understood and agreed that any energy charges as ■ay be- come due to Lessor hereunder shall be paid on or before the end of the current year in which incurred. It is further understood and agreed that within three (3) days after such performances as Lessee may conduct during said term, Lessee shall clean up the said Stadium by removing therefrom all debris which Lessee'may have caused to be in or upon the said Stadium Property be- cause of such performance. Lessor agrees to furnish to the Lessee the use of said Stadiu■ Property. for a week in September as Lessee may so select during said term of this lease; and further. Lessor agrees to furnish adequate lights and the necessary electricity to keep the said Stadium Property in good order and condition for the use of Lessee during such per- formances as Lessee ■ay schedule. It is by mutual agreement that the Lodi Crape Festival Assoeiat:!on during its regular yearly Festival Show held in September say have ex- clusive use of the aforedescribed property for parking and other uses as say be consistent with its program. At other times for special events, Lessee may be granted permission for use of said property. after Lessee has requested use of the area through the Recreation and Parks Department. Lessce shall retain all revenues derived fro• any use granted by this lease. Lessee agrees that it will not commit nor suffer to be committed any wa.sta or damage to or upon said Stadium. structures or equipment -2- c; S v during such time or times as it may use said Stadium, structures and equipment during the life of this lease, reasonable use and wear and damage by the elements excepted. Lessee covenants and agrees to indemnify and save Lessor free and harmless from any and all liability of any kind or character for damage or injury to persons or property that may or might occur within the area covered by the within lease, and for this purpose. Lessee shall furnish to Lessor a certificate of insurance certifying that the City of Lodi is named as an additional insured on a public liability policy with limits of $500,000.00/S1,000,000.00. It is understood and agreed that Lessee shall not assign this lease or sublet all or any part of said leased premises or equipment without the written consent of the Lessor first had and obtained, and neither this lease. nor any interest therein shall be assigned or assignable, either by operation of law or otherwise. It is further understood and agreed that if Lessee should fail to pay any of the rentals herein reserved or any part thereof, or any of said electrical energy charges as the same shall fall due hereunder. lessor may at its option, terminate this lease and all the rights of Lessee after giving to Lessee at least thirty (30) days written notice of such termination. This lease and all the terms and conditions hereof shall inure to and bind the successors and assigns of Lessee subject to all the terms and conditions hereof. Lessee, however, not to have the right to assign this lease without the written consent of Lessor first had and obtained. It is understood and agreed that Festival shall provide and have control of all concessions, such as but not limited to sale of beer. soft drinks, candies, peanuts. hot dogs. seat cushions, parking, broadcasting and concessions of like kind, shall, during all performances which may be held hereunder by the Lessee, be under the exclusive control and supervision of Lessee and Lessee shall be entitled to retain all revenue made therefrom. Lessee may in Lessee's discretion contract with third parties to provide such concessions. -3- 3 The Lessor shall improve the property described on Exhibit "B" by adding fencing, drainage, lighting. and arore5`parking area. wbich-is_to_be_graded, and oiled until such time that usage._and_finances-being_avai-lab4 e, it could-be .paved--either_TM wioTe or dVra piece meal -teas-is. Grad ing-end-*Ma9-ot.parking_- area_"a completed .Apr_i1.15..-2984. itema#*derzof Faid improvements to be completed on or before June 30, 1984. Lessor shall assume full responsibilit. for the construction of said improvements. Lessee shall, in consideration therefor contribute TWENTY THOUSAND DOLLARS ($20,000.00) toward said improvements, payable to Lessor upon completion of the above mentioned fencing. lighting. drainage, 1*.0 grading and 404"1witir"thr vndersrt'dntfiml'that�avtng off-lige-parking-area-�Exirtbfit " sled-u-soon_as pussibla and•completed-aw orbc . Lessee shall be entitled to use the property described on Exhibit "A" & "B" and the improvements thereon from time to time, other than Festival week, by mutual agreement with the City of Lodi through their Parks and Recreation Departmen throughout the year and the term of this contract and retain all revenue derived from said use. ' 4 Rental would clud lights��7 clean up.r7 oval and payment to the City of .35 (Thir -Five Cen ) pmiis ion that nters the Stadium. It shou d be notedt ithe tan service availabl are required, the additional cdst is to be born by the lesse IN WIT14ESS WHEREOF, the parties hereto have hereunto set their hands and entered into this lease in duplicate the day and year herein first above written. of - r--- CITY OF LODI, By Mayor ATTEST: City Clerk LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, INC. By President ..� By Secretary -4- .ow DONNER EXH181T '"A' ► 1 i W s• V s' r ._ . " j f v u • P--------------------- �\. ------ -- CA Lbtll STADIUM PROPCkTY .M► ^: �'""'� ; i Qz: :LAWREN.E LAVE. M 1= cn i O 1A Y y� 1� • 1 1 1 � 1 . 11 1 1 M ;1 1; 11 it 11 1 1 .NN .• 1 1 w'• ...f• *@ .1 .1 �1 w co t� i i • At other times, for special events, Lessee may be granted permission for use of said property, after Lessee has requested use of the area through the Recreation and Parks Department. Lessee shall retain all revenues derived from any use granted by this lease, on the first six uses per year, not including the use by Lessee of the property during the Grape Festival. Such use by Lessee of said property shall result in a division of revenue on a basis of the Lessee receiving % revenue of said premises. Lessor shall receive % of revenue from said premises. It is by mutual agreement that the Lodi Grape Festival Association during its regular yearly Festival Show held in September may have exclusive use of the aforedescribed property for parking and other uses as may be consistent with its program and retain all revenues derived from said use. At other times, for special events, Lessee may be granted permission for use of said property, after Lessee has requested use of the area through the Recreation and Parks De- partment. Lessee -shall retain -all revenues derived from any use granted by this prov4444a. LEASE THIS LEASE, entered into this i5 clay of June 19__!.3, by and between CITY OF LODI, a municipal corporation of the County of San Joaquin, State of California, Lessor, and LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a corporation duly organized and existing under and by virtue of the laws of the State of California and having its principal place of business in the County of San Joaquin, State of California, Lessee. WITNESSETH: That for and in consideration of the rent to be paid and the covenants to be faithfully kept by Lessee as hereinafter reserved and contained, Lessor does hereby lease to Lessee the Lodi Stadium property, as shown on Exhibit "A", attached hereto and incorporated herein by reference, situated in F-ioneer Park in said City of Lodi, together with all bleachers, dressing rooms, and structures used in connection therewith and any and all equipment used in connection therewith. That certain contract dated January 7, 1948, by and between the parties hereto and concerning said property is hereby terminated. The period for which said stadium, structures and equipment are so leased, are for such one of the weeks of the month of September of each year, as Lessee may select. The term of this lease shall be for a period of ten (10) years, with option for ten (10) additional years, commencing September of the year 1983 and ending ° with September of the year 1992° This lease may be extended for ten (10) years, provided that the Lessee notifies the Lessor of his intention to exercise this option and pays the rental on or before January 15 of each year. It is understood and agreed that the term "week" as herein used shall mean Monday through Sunday of any week of September as Lessee may select for the said term or period, commencing with September of the year 1983 and ending with September of the year 1992. It is understood and agreed that on or before July 1st of each of said years during the life of this contract, Lessee shall notify the City Clerk of said City of Lodi in writing of, and in such notice shall state, which of said weeks of the then ensuing year the Lessee desires for the use by Lessee of said stadium. It is further understood and agreed that for any performances Lessee desires to conduct, Lessee shall pay to Lessor for the use of said stadium, equipment and personal property in connection therewith, the current rate for all electricity actually used each year during such respective use and/or in preparation therefor. It is understood and agreed that any energy chat-ges as may become due to Lessor hereunder shall be Paid to Lessor by Lessee on or before the end of the ru%rent year in which incurred. -2- It is further understood and agreed that within three (3) days after such performances as Lessee may conduct during said term, Lessee shall clean up the said Stadium by removing therefrom all debris which Lessee may have caused to be in or upon the said Stadium Property because of such performance. It is by mutual agreement that the Lodi Grape Festival Association during its regular yearly Festival Show held in September may have exclusive use of the aforedescribed property for ?arking and other uses as may be consistent with its program. Lessee agrees that it will not commit nor suffer to be committed any waste or damage to or upon said Stadium, structures or equipment during such time or times as it may use said Stadium, structures and equipment during the life of this lease, reasonable use and wear and damage by the elements excepted. Lessee covenants and agrees to indemnify and save Lessor free and harmless from any and all liability of any kind or character for damage or injury to persons or property that may or might occur within the area covered by the within lease, and for this purpose, Lessee shall furnish to Lessor a certificate of insurance certifying that the City of Lodi is named as an additional insured on a public liability policy with limits of $500,000.00/51,0001000.00. It is understood and agreed that Lessee shall not 'r assign this lease or sublet all or any part of said j -3- C'6 •.. leased premises or equipment without the written consent of the Lessor first had and obtained, and neither this lease, nor any interest therein shall be assigned or assignable, either by operation of law or otherwise. It is further understood and agreed that if Lessee should fail to pay any of the rentals herein reserved or any part thereof, or any of said electrical energy charges as the same shall fall due hereunder, Lessor may at its option, terminate this lease and all the rights of Lessee after giving to Lessee at least thirty (30) days written notice of such termination. This lease and all the terms and conditions hereof shall inure to and bind the successors ani assigns of Lessee subject to all the terms and conditions hereof, Lessee, however, not to have the right to assign this lease without the written consent of Lessor first had and obtained. It is understood and agreed that Festival shall provide and have control of all concessions, such as but not limited to sale of beer, soft drinks, candies, peanuts, hot days, seat cushions, parking, broadcasting and concessions of like kind, shall, during all performances which may be held hereunder by the Lessee, be under the exclusive control and supervision of Lessee and Lessee shall be entitled to retain all revenue made therefrom. Lessee may in Lessee's discretion contract with third parties to provide such concessions. -4- The rental fee shall be $1.00 per year, plus Lessee shall pay for the electricity, clean up, garbage removal and a payment to the City of $0.35 (Thirty -Five Cents) per each paid gate admission that enters the Stadium, if an admission fee is charged. It should be noted that if utilities beyond the standard service available are required, the additional cost is to be borne by the Lessee. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and entered into this lease in duplicate the day and year herein first above written. CITY OF LODI, a municipal corporation By MAYOR ATTEST: CITY CLERK LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, INC. By PRESIDENT By SECRETARY -5- }i J 74 xP i � yu_t, ,.yrr,tW, ti Y 3{tikd tLX -t xF t '' 9!° =✓, CITX COUNCIL MEETING y'a"�i•�r r`' t $ - � ., x, "�: ro r '� 7 y. 4 7? v 'D ' SEPTEMBER' 7, 1983 , CITY CUM City Clerk Rein-che apprised the Council that a letter had been received from R. L. Kautz and Conpany, the City's Contract Administrator recc mending that the City deny the following Claims and refer them back to the City's Contract Administrator: a) Frank Preice DOL 4/18/83 CLAIMS b) Mary Ellen Hayes DOL 9/4/82 On motion of Mayor Pro Tenpore Snider. Reid second, Council denied the aforementioned claims and referred them back to the City's Contract Acininistrator. :.1 Y A. t �.. i. t �; ♦ �.qd �S{ F ..a �Ni Y.._SXK>r rjygw �Y • t i-rti� r Y �;j 5y; ,S � itM S CSL .l z •� Jt^'4�; t • t �, b t q � 14 i .ir -f 4 R. L. ` KAUTZ. do CO. INSURANCE MANAGEMENT No. d UNION SQUARE BLVD. • (41s) 437.4940 UNION CITY, CALIFORNIA 94587 Mr. Ronald Stein City Attorney CITY OF LOnI 221 Nest Pine Street Lodi,:CA 95240 Ass Frank Preice vs. City of Lodi Bate of Loss: 4/13/83 RECEIVED 1983 AUG 18 m e. 56 ALICE M. REIMCNE CITY CLERK CITY OF LODI August 16, 1983 Dear Rons .Although-- the claimant's allegations in his claim against -the City,are somewhat ambiguous, it appears as though he is ; contending his arrest was unlawful and as a result he suffered physical and emotional damages. i •'.called the claimant on 8/12/83 in order to attezpt to ascertain more clearly what his version is of what happened, x� but he refused to speak with me. He indicztecl he had .retained an� attorney .to represent him and when asked f,,)r the name-`` of- the attorney, he told me he_*ould not tell me ..this either: ­,Therefore, our recommendation in this case is going '= to have to L` based upon the p police officer's rict.ouni. F CTS On: the #Lbove date, Officer Harbin observed the cltinant's vehicle accelerating at a r !.in rate of speed -nd "amakincl" -his•-rear: -tires. . Officer Harbsn instituted r, traffic : atu10 and when he confronted the claim.•nt, he noted at very".itrfvy::} odor` of, 'alcohol on his breath. A field sobriety seat. wa8 r taken which the claimant failed and Officer Harbin then -made the: decision °to arrest the claimant for driving under. the influence, of 'alcohol. The cla ;mant was then transported t:> Lodi: Cit .:ail where a blood test was performed showin Y Pa g . e ., result of a blood alcohol level of 0.20 (twice the. vreauded " level of intoxication in California). DAMAJES the claimant does not specify ported Injuries are but sloes Jumages totaling $1,565,000.00 in his claim seek general plus. what his pur and punitive h.. iy^ i 7 Mr. Ronald Stein Res Frank Preice is. City of Lodi LIABILITY Based upon what '.nformation we currently have, we view this as a case of abs.%lutely noliability against the City of Lodi. _._. y: .T It is readily aprarent that Officer Harbin -had probable c'nusj; to' 'stop 'rne claimantwhenhe observed, him -burning r -and it is also apparent that based . upoc the ,cls va-� f Ant a blood alcohol level of 0.20 he was, in' fact:, under- the. influence'of alcohol. Lastly, there appears to ba,no,reaX farce' necessary ''in arresting the claimant and."therarore we do `not ` feed` 'any allegation of excessive force cool& be r. supportable unless the claimant has proof* The, only. commaent r �. contariried in' the arrest report is that appsrenti .,+the '` ..- ... Clt�ias `had had "prior surgery on his wrist and t a tiandcuff$` .did` create some discomfort. This, , however, _-.we_ ; a feel to be' by,: no "means excessive fc,rce: {R f ... ... L• .. sem},! 'MOMMENDATIONS Wii `would -therefore recommend to yogic City Council that qtr. ;lit eice 's'claim 'be denied at the earlieat possible date. aka"- .. Very' Cruly yours, �y� Bill Benson Uab'i'lity Claims Supervisor cc: too. Alice Re imche x r �fi 53 9 raS pkv -1_sd c � "4_a RECEIVED ,z. T 13$3 AUG 19 'ASI B 4 S r JR} Y L• KwuTZ"co. ALICE M. REIMCHE CITY CLERK ,: �uxA�w�tr�c�M�,r•r ' :" - )iOr.¢ U.N15 30VARE et.VD,. • (41514874M CITY Of LOBI UK101I+CITY;CALiFORNtA9 387 August 17, 1983 Mr.. Ronald Stein ,City Attotney.:- :CITY. OP Y.ODY P.O Sox 320. ,Lodi, CA` 95240 Ellen Bayes vs. City of Lodi Pate of Loss: 9/,4/$2 Y?eaC' Tions'-, ABy.ou .are aware, Mrs. Hayes had earlier filed a claim on,` ' 666 ilt of-het daughter, Mary Ellen Hayes, but this claim was rejected ., as .::premature in accordance with Section;. 945.3: Ca�'i o is Ga amen should b not f cra s►er t Code (it a ed t2�er® .'-have'.been some recent legislative changes to this Coveroment ,Code Section). firs. Hay a has now once again filed a claim on behalf of ,her. daughter. for -,the incident which occurred on 9/4/82 and since rx; tbi"aincident has already been invea�tigated, we would"R r :like` to wa�sta little ti�ae in submitting t��is latter, reCoa►—' �� :mending -i rs `Hayes' claim be denied at the earliest posaibl+e � � date.: We:. would :further recommend that Mrs,, Hayes ba'fully� "a :,AV*re'. of,.,the -City's intent to cover costs of ` dere`rnse ` should her claim. be judicially determined to bs iiithout': r m�etit or frivolous. s X75 z Before_ going . furthar, we should note that Mary E11eA Hayes x t �c' eras. adjudicated to have been guilty of reaisting.' arrestt� -i,y1 FACTSems. r In order to avoid repetition and to provide you ,with full benefit of our outside Adjuster's investigati enclosing a copy of Mr. Layton's letters dated 2/13/83 and r y� 4/8/83. Y DAMAGES • }J l ��� i F• �.. The claimant's mother submitted a claim for medical. and �q,,q�k� '. lerjal expenses totaling in excess of $1,300.00." . { �-Y ':. .. . __. _.....�.. �_.....-...........vw.,...........a.r."`....w.e..w...rwea0n.w btu+�✓�n+�.�Lal�6a4•sMN,.�o_.�r. - .,.....a... ..,.o..n•�.r.�..,-. r,,...�.:.....•. -.._-- ---_ .• 4 � ry���4�� �1 f}\. jt ` �r r r _ 1 � t � r - `��II - �`, i R. L. KAUTZ do CO. INSURANCE MANAGEMENT NO. B UNION SQUARE BLVD. • (415) 487.4910 UNION CITY. CALIFORNIA 94587 August 17, 1983 Page 2 Mr. Ponald Stein ;,RBt Mary Ellen Hayes vs. City of Lodi LIABILITY Based upon the results of the into. - this smatter, we evaluate abaoluely•no liability against Po. lice %degartlaent. RECOMMENDA2'I ONS Sia. would' strongly recommend that t! :,earliest possible date. Shouldyou, have any questions conci "do not. hesitate to contact the undi <truly yours, -Benson Ui6ility,- Claims Supervisor yr x Cct na.' �hlice Reimche investigation conducted this case to be one of the City of Lodi or.its. t .. ►is claim be denied at the f.. rrning this matter, please "a eraigned. . f F ,r S