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HomeMy WebLinkAboutAgenda Report - October 6, 1982 (72)COUNCIL MEETING --, ' OCTOBER 6, 1982 c= � AGREEMENT WITH SCHOOL COUNCIL APPROVED AN AGREEMENT WITH THE LODI UNIFIED SCHOOL DISTRICT FOR USE OF DISTRICT FOR THE SCHOOL DISTRICT'S USE OF THE STADIUM `i STADIUM FOR SCHOOL ACTIVITIES FOR A PERIOD OF ONE YEAR COMMENCING SEPTEMBER 1, 1982 AND AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. 0 a\ CITY COUNCIL FRED RLC.RkID.M Mayor CITY OF LODI ROBERT G. MURPHY, Mayor Pro Temporo CITY HALL, 221 WEST PINE STREET EVELYN M: OLSON POST OFFICE BOX 320 JAMES W. PINKERTON; Jr. LODI, CALIFORNIA 95241 JOHN R. (Randy) SNIDER (209) 334-5634 October 8, 1982 Business Manager L di U ifi i W n ed School Distr ct Business Office 815 West Lockeford Street Lodi, CA 95240 Gentlemen: HENRY A. CLAVES. Jr. City Manag" ALICE M. KEIMCHE City Clerk RONALD M. STEIN City Attorney Enclosed herewith please find executed copies of Agreement between the City and the School District whereby the City agrees to allow the School District to use the Stadium situated in Lawrence Park, Lodi, California for school activities commencing September 1, 1982 for a period of one year. Please return a fully executed copy of this Agreement at your earliest convenience. Very truly yours,. QU. A Alice M. Reimche City Clerk AMR:jj Enc. THIS AvsZEI.UENT, made and entered into this 6th day of October, 1982 by and between the CITY OF LODI, a Municipal Corporation of the State of California. hereinafter called First Party, and LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY, herein- after called Second Party; WITNESSETH:. WHEREAS, First Party is the owner of the Stadium situated in Lawrence Park, Lodi, California; and, WHEREAS, the parties hereto are desirous of a 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 Sttdium for the conduct of football games or other events sponsored by Second Party for a period of one year, commencing September 1. 1982 -. 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 of the proposed use. With respect to 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 Festiv-al and National Vicine 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 Se - cond Party, plus a guaranteed base of $275.00 or thirty five cents (35�) per each adult person and five cents (5�) for each high school age student, which- ever 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 agrees to maintain the present lighting system and the necessary electricity therefor and to maintain the playing field in a sub- stantially good order and condition. 5) It is understood that the Associated Students of both High School 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 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 .l ` �tx^sr?��fYi,:o�'sr'�.�.;g!SAf�si��lR•?tc:-v„o �..�>.w.a�nnp+ns:eip�.e:..•.N o...-...,..:�.._ _ .hat the said conces*Wns are to be operated by a private concessionaire, then knd in that event, sa_ ,'concessions shall be entirely u. er the control and jurisdiction of First Party, who retains the right to grant private contracts to concessionaires for the operation of said facilities. b) Second Party covnznts and agrees to indemnify and save Firs. 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 employee s. 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 with- in 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 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_ IN WITNESS WHEREOF, the Parties have executed this agreement the day and year first hereinabove written. City of Lodi r - By 'Fred M. Reid, Mayor ATTEST; i Rel i`ty. Clerk, '1 OVED AS TO FORM e Ron Stein, City Attorney LODI UNIFIED SCHOOL DISTRICT OF SAN JOA QUIN COUNTY By ATTEST . Clerk of the Board of Trustees of said District