HomeMy WebLinkAboutAgenda Report - September 16, 1981 (47)AGREF14ENT FOR
SCHOOL DISTRICT TO
USE STADIUM
APPROVED
e,
...�-
CITY COUNCIL MEETING
September 16, 1981
COUNCIL APPROVED AN AGREi'StE�"1' BM -.ELN THE CITY OF
LODI AND THE LODI UNIFIED SCHOOL DISTRICT FOR THE
DISTRICT TO USE THE STADIUM AND AUTHORIZED THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY.
THIS AGREEMENT, made and entered intotthis 3rd
day of September , 19 86 , by and between the CITY OF
LODI, a Municipal Corporation of the State of California,
hereinafter called First Party, and LODI UNIFIED SCHOOL
D
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 allow tinge
Second Party to use said Stadium for school activities and
wish to reduce their agreement to writing;
NOW, THEREFORE, FOR VALUE RECEiVEDs 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, 1-980.
(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. In.the
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 to the use of said Stadium,
Second Party understands that its right of use shall bet suh~-
ordinate to the prior claim and use of said Stadium by the Lodi.
Grape Festival and National Wine Shona.
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 :hat is sponsored
by the Second Party when admission is charged. It is aereed
that no charge shall be made for the team merabers, of f icials,
participants, and policy officers.
4) First Party agrees to maintain the present
lighting system and the necessary electricity ;her --!far and to
maintain the playing field in a substantially goo-. or.i:!r and
condition.
5) It is understood that the Associatted 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 concession Brands and
the sale of all foods dnd beverages, etc. during, all performances
sponsored by Second Party and that Second Party shall be entitled
to retain all the proceeds received from. the operations of said
conces3ions. It is agreed that the provisions if this paragrapin
shall not apply in the event that the said ecitcessions are
-2-
0 granted or given to a private concessionaire but si,a31 appi3r
only in the event that students of said Second Party operate:
said concession. In the event that the said concessions ara
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.
S) Second Party covenants and agrees to indemnify
and save First Party free and harmless from any and all lia-
bility or claims of any 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 within said Stadium and accepts the condition of same
"as is."
8) Second Party agrees to furnish to First Party on
or before November 15 of each year a full and complete account-
ing statement of all monies owing to the City of Lodi hereunder-
and
ereunderand Second Party agrees to pay First Party, when billed, the
cost and amount of the electricity furnished to Second Party.
-3-
'Alp,
IN WITNESS WHEREOF, the Parties have executed
this agreement the day and year first hereinabove written.
CITY OF LODI
ntavy;
Y
ATTEST:
n -
iy er/
ATTEST:
er of the Board of Trustees
of said District
-4-
LODI UNIFIED SCHOOL DISTRICT
OF SAN JOAQUIN COUNTY
By
resi ent