HomeMy WebLinkAboutAgenda Report - September 19, 1984 (85)MY oovl M Nmn4G
.� SEPrB4B R 19, 1984
RES. ND. 84-138 COLM I L ADOPI'EU RF.SOI.UT I m ND. 84-138 A ppwv I NG AN AaoaA r
W ITI I THE ICD I II I I F I FI) SQ M, nI SM I CT FUI USE OF M IE STAR I I AI
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S"TADIMI APPfYNM
-COUNCIL CONIMUNICA?))N
TO THI CITY COUNCIL DATE NO.
FROM TNI CITY MANAGER'S OFFICE September 13, 1984
SUBJECT
CONTRACT for use of the Stadium by Lodi Unified School District
I would like to recommend to the City Council that the contract
for use of the Stadium by Lodi Unified School District be
accepted as submitted.
The only change that is being requested is that the charge for
electricity be raised from 5.5C per kilowatt hour to 6.5t per
kilowatt hour.
This charge is negligible and should not increase the schools'
costs very much.
We are recommending that the base charge of $275.00 or 35C per
each adult person and 5C for each high school age student,
whichever is greater, be continued.
We are also recommending that the Associated Students of both
high schools operate the concession stands for their benefit at
the football games.
I recommend that this agreement be accepted as submitted.
Ed DeBe i, Director
Recreation and Parks
E
FJ3SOLVrICN NO. 84-138
RESOLU`rICN APPIOVING AN AC EMSgT WIT[i THE LCDI
LNI FIED SCHOOL DISTRICT FCR USE OF T1IE STADILAI
AND AUIi-MIZING TIIE &MM AMID CITY CLERK TO
EXBCM Tim SLBJWr ACR]MMT CN BEHALF OF THE
CITY OF LCDI
BE IT RESCX.VID that the City Council of the City of Lodi
does hereby approve an Agreement with the Lodi Unified School District
for the use of the Stadium commencing September 1. 1984. A copy of
which agreement is attached hereto identified as Exhibit "A" and
thereby made a part hereof.
NOW ZIMMR ME. BE IT RIRUIER RESOLVED, that the City Counci 1
of the City of Lodi does hereby authorize the Mayor and City Clerk to
execute the subject Agreement on behalf of the City of Lodi.
Dated: Septemtber 19. 1984
I hereby certify that Resolution No. 84-138
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held September 19. 1984 by the following vote:
Ayes: Council Members - Reid. Hinchman, Olson.
Pinkerton. & Snider (Mayor)
_ 4_
A G R E E M E N T
THIS AGREEMENT, made and entered into this 13th day
of September , 1984, by and between the CITY OF LODI, a
Municipal Corporation of the State of C"alifornia, hereinafter called
First Party, and LODI UNIFIED SCHOOL DISTRICT OF SAN JOAOUIN 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 Lawrence 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 VALUE 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, 1984.
2) It is agreed that the primary use to which the Stadium
will be put by Second Party is for fcotball 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 ether times, then Second Party
agrees to notify City Manager of First :arty of this fact and the
dates of the proposed use. With respect to the use of said Stadium,
Second Party understands that its right of use shall be subordinate
to the prior claim and use of sai Stadium by the Lodi Grape Festival
and National Wine Show.
3) The consideration to be paid by Second Party to First
Party shall be 6.5 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 Party when admission
is charged. It is agreed that no charge shall be made for the team
members, officials, participants, and police officers.
4) First Party aqrees to maintain the present lighting
system and the necessary electricity therefor and to maintain the
playing field in a substantially goc.d order and condition.
5) It is understood that the Associated Students of both
High Schools will operate the food concessions at said Stadium. It
is hereby agreed that Second Fahy shall have an exclusive right to
the operation of the concession stands and the sale of all foods and
beverages, etc. during all performances sponsored by Second Party
and the Second Party shall be entitled to retain all the proceeds
from the operations of said concessions. It is agreed that the
provisions of this paragraph shall not apply in the event that the
said concessions are 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,
sa—d 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 liability 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 covering
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 accounting
state=ment 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.
IN WITNESS WHEREOF, the Parties have executed this
agreement the day and year first hereinabove written.
Attest:
Alice M. Reimche
City Clerk
ed as to Form
F �
on Stein `
City Attorney
- 2 -
City ofe di!/
By
Randy Snider, Mayor
LODI UNIFIED SCHOOL DISTRICT OF
SAN JOAQUIN COUNTY
By
Joan L. Pipes
Business Manager
Attest:
Clerk of the Board of Trustees
of said District