HomeMy WebLinkAboutAgenda Report - September 16, 1981 (60)AGREEMENT FOR CWNCIL APPROVED XN AGREE%lL::T $ET1:cL1ti TtiE CITY OF
SCHOOL DISTRICT TO LODI AND THF`: LODI UNIFIED SC-itO01. DISTRICT FOF: THE
USE STADIUM DISTRICT TO LSF. 'i'iiE STADIUM l AtiD AUTHORIZED QED 7 FAYOR
APPROVED AND CITY CLERK TO EXECUTE THE AGREz:.'•(ENT ON BEHALF
�• ' OF THE CITY.
t
`i
Y Y
tri 4
Q ,
gg
s.
�'FK, t 7! 4 lYI,4 ✓'
„ r >
..� S t p .tea j i s �� { 3� d ••�C". +x'3'p•,�+�s
l hi3 �J 1 .,�� Y�� E � K ft' f ^'S ]��+��y �1��y.�• �� �
y i "Z 1 .4v�a
a' �, d { j`� � �,y� ��,,.n �s, } .,r .�,! f , , '. y k tc i" r ,� ✓,� .�c .'t +<Y s
. e� ^Y� "�`,f.�1 t e ii. ,. �* l T• 1'�Wu N - d'''T, "1iG�-a• -
�:. .�. ,,.. .... ate- .� •� :,._ 7 ":. T,. i?��� .�h:{: .:,r. .:. • . .:. _ ._ '...''�.L. � ... :.r,� ,cx2•„ 1� ._ �. ,_ >`�..�:�. >r
THIS AGREEMENT, made and entered intoithis 3rd
day of September , 19, by and between the CITY O:`
NODI, a Municipal Corporation of the State of California,
hereinafter called First Party, and LODI UNIFIED SCHOOL
DISTRICT OF SAN JOAQUIN COUNTY, hereinafter called Second
Party;
W I T N E S S E T H:
WHEREAS, First Party is the owner of the Stadium
situated in Lawrenc Park Lodi, California; and,
WHEREAS, the parties hereto are desirous of allowing
Second Party to use said Stadium for school activities and
wish to reduce their agreement to writing;
NOW, THEREFORE, FOR VALIJE RECEIVED, the parties
hereto do hereby agree as follows:
1) First Party does grant to Second Party the
preferential right to use said Stadium for the conduct of
football games or other events sponsored by Second Party for a
period of one year, commencing September 1, -
(2 ) It is agreed that the primary use to which the
Stadium will be put by Second Party is for football games;
Second Party agrees to file with First Party its football
schedule as soon as the same is determined each year. :tie
event Second Party desires to use said Stadium for additional
purposes and at other times, then Second Party agrees to
notify City Manager of First Party of this fact and the dates
-1-
of the proposed use. With respect -Co the use of said Stadium,
Second Party understands that its right of use shall be sub-
ordinate to the prior claim and use of said Stadium by the Lodi
Grape Festival and National Udine Show.
3) The consideration to be paid by Second Party to
First Party shall be 5.5 cents per kilowatt hour for all
electricity actually used by Second Party, plus a guaranteed
base of $275.00 or thirty-five cents (350 per each adult
person and five cents (50 for each high school age student,
whichever is greater, for each football event that is sponsored
by the Second Parti when admission is charged. It is agreed
that no charge shall be :Wade for the team members, officials,
participants, and police officers.
4) First Party agrees to maintain the present
lighting system and the necessary electricity :her --;!.::>r and to
maintain the playing field in a substantially goo=: c riz!r and
condition.
5) It is understood that the Associated S :: udents of
both High Schools will operate the food concessions at said
Stadium. It is hereby agreed that Second Party shall have an
exclusive right to the operation of the concesaion Brands and
the sale of all foods and beverages, etc. during all n�erforman :es
sponsored by Second Party and tha c Second Party shall lye entitled
to retain all the: proceeds received from the operations of said
conces3ions. it is agreed that the provisions if this paragraph
shall not apply in the event that the said coac`ssions are
-2-
granted or given to a private concessionaire but shall apply
only in the event that students of said Second Party operate
said concession. In the event that the said concessions are
to be operated by a private concessionaire, then and in that
event, said concessions shall be entirely under the control
and jurisdiction of First Party, who retains the right to
grant private contracts to concessionaires for the operation
of said facilities.
6) Second Party covenants and agrees to indemnify
and save First Party free and harmless from any and all lia-
bility or claims of aay kind or character for damages or ,
injury to persons or property that may or might occur as a
result of Second Party's operation of the premises covered
by the Within lease arising out of negligent acts of Second
Party, their agents or employees. Second Party agrees to
maintain public liability and property damage insurance cover-
ing the operation of said premises during the term hereof.
7) Second Party has inspected all of the facilities
contained with -?n said Stadium and accepts the condition of same
"as is."
8) S.,- .gond Party agrees to furnish to First Party on
or before Nover.:)er 1S of each year a full and complete account-
ing statement of all monies owing to the City of Lodi hereunder
and Second Party agrees to pay First Party, When billed, the
cost and amount of the electricity furnished to Second Party.
-3-
•• o Jar/��J
0 �MiW'
!o
IN WITNESS WHEREOF, the Parties have executed
this agreement the day and year first hereinabove written.
A'TTES'T:
city er/
ATTEST:
CITY OF LODI
00,
o
By
Y
LODI UNIFIED SCHOOL DISTRICT
OF SAN JOAQUIN COUNTY
By
PRsiilent
Clerk of -the ara of Trustees
of said District
-4-