HomeMy WebLinkAboutAgenda Report - November 18, 1987 (55)Continued November 1-, 1987
AGREEMENT BETWEEN
CITY OF LOW AND
RTr 11AI LEY MODEL
RAILROADERS FOR
THE USE OF A
PORTION OF THE
CARNEGIE LIBRARY
BUILDING APPROVED
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CITY COUNCIL MEETING
NOVEMBER 18, 1987
Council approved an agreement between the City of Lodi and
the Big Valley Model Railroaders for the use of a portion
of the Carnegie Library Building and authorized the City
Manager and City Clerk to execute the subject agreement on
behalf of the City. This renewal lease agreement is
basically cinder the same terms as the original lease
agreement. The City has not increased the rent, net added
any additional provisions; however, the City's current
insurance requirements are spelled out more explicitly.
The renewal agreement indicates a term of four years,
unless terminated by either party without cause upon thirty
days written notice.
TO THE CITY COUHCIE
FROM. THE CITY MANAGER'S OFFICE
c;JUNCIL COMMUNICATIL...
Diil't.: 1W) .
November 18, 1987
SUBJECT:
Approve Agreement Between City of Lodi and Big Valley Model Railroaders for
the Use 01 -Portion of the Garnegie Library Building
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PREPARED BY: City Attorney
RECOMMENDED ACTION: Approve the agreement between the City of Lodi
and Big Valley Model Railroaders for the use of
a portion of the Carnegie Library Building to
carry on a program of building and operating a scale model railroad.
BACKGROUND INFORMATION: Attached hereto is a copy of the proposed
renewal agreement described above. The original
agreement was entered into October 1, 1981 for a
one-year period. At the conclusion of the one-year term, since the
remodeling of the City facilities was being considered, the lease continued
on a month-to-month basis.
The renewal lease agreement attached hereto is basically under the same
terms as the original lease agreement. We have not increased the rent, nor
have we added any additional provisions. However, we have spelled out more
explicitly, our current insurance requirements, and have indicated a term
of four years, unless terminated by either party without cause upon thirty
days written notice.
Respe ully submitted,
�::4ona in
City Attorney
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CCCMODEL.RR/TXTA..01V
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 19_, by and between BIG VALLEY MODEL RAILROADERS,
hereinafter called Lessee, and the CITY OF LODI, a municipal
corporation of the State of California, hereinafter called Lessor.
WITNESSETH:
WHEREAS, City owns the premises commonly known as Carnegie
Library and located at 304 West Pine Street, Lodi, California; and
WHEREAS, Lessee desires to use the premises to carry on a program
of building and operating a scale model railroad;
s,
NOW, THEREFORE, it is hereby mutually agreed by and between the
parties hereto as follows:
1. City agrees that Lessee may use the basement "Center Room" of of
the premises commonly known as Carnegie Library, owned by the City of
F
Lodi. The use of said premises by Lessee is for the purpose of T
carrying on a program of building and operating a model railroad.
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2. The term of this Agreement shall be for a period of four years
commencing November 1, 1987 and ending at midnight on October 31, 1991,
unless terminated by either party without cause upon thirty days
written notice.
3. City assumes no responsibility by this Agreement or otherwise,
upon termination of this Agreement pursuant to paragraph 2 hereof or
otherwise, to provide or find another facility for Lessee.
4. Neither City nor Lessee is under any obligation to re -lease upon
termination of this Agreement pursuant to paragraph 2 hereof or
otherwise.
5. Upon termination of this lease, Lessee shall be responsible to
remove all equipment and/or other material which they ►lave placed in
and upon the premises.
6. Lessee agrees to pay City a monthly rental of $75.00 per month, as
of the first day of each month, commencing January 1, 1988. Lessee has
heretofore paid Lessor for the months of October, November and December
1987.
7. Utilities are included in the agreed-upon monthly rental rate.
8. Lessee agrees to accept said premises in an "AS IS" condition.
9. Lessee agrees to maintain in full force during the term hereof a
policy of general liability insurance which contains an
Additional Named Insured Endorsement naming the City of Lodi as
an Additional Insured, and under which the insurer agrees to
indemnify and hold the City of Lodi harmless from and against all
costs, expenses, and liability arising out of, or based upon, any
and all property damage, or damages for personal injuries,
including death, sustained in accidents occurring in or about the
demised premises; where such accident, damage, or injury,
including death, results or is claimed to have resulted, from any
act or omission on the part of Lessee or Lessee's agents or
employees in the implementation of this Agreement. The minimum
limits of such insurance shall be $50,000 Bodily Injury and
$500,000 Property Damage. In addition to the Additional Named
Insured Endorsement on Lessee's policy of insurance, said
insurance policy shall be endorsed to include the following
language:
"Such insurance as is afforded by the endorsement for the
Additional Insureds shall apply as primary insurance. Any other
insurance maintained by the City of Lodi or its officers and
employees shall be excess only and not contributing with the
coinsurance afforded by this endorsement."
A duplicate or certificate of said bodily injury and property
damage insurance containing the above -stated required endorsements
shall be delivered to the City Attorney after the issuance of said
policy, with satisfactory evidence that each carrier is required to
give the City of Lodi at least 30 days prior notice of the cancellation
or rec;uction in coverage of any policy during the effective period of
this Agreement. The insurance certificate must identify on its face
or as an endorsement, what it is insuring. A duplicate or certificate
of said insurance must be in the City`s hands at the time of the
execution of the lease agreement. All requirements herein provided
shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier. This
paragraph and all other provisions of this Agreement shall apply and be
construed as applying to any subtenant.of Lessee.
10. Lessee agrees that any repairs by Lessee or Lessee's agents or
employees must be undertaken only after approval by the City Manager of
the City of Lodi or his designee.
IN WITNESS WHEREOF, the parties hereto have hereunder set their
hands the date and year first above written.
CITY OF LODI, a municipal corporation
BIG VALLEY MODEL RAILROADERS
LESSEE
THOMAS A. PETERSON By
City Manager
Title
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ATTEST:
ALICE M. REIMCHE
City Clerk
Approved As To Form:
RONALD . STEIN
City Attorney
AGRBiGVA.LL/TXTA.Oly
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