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HomeMy WebLinkAboutResolutions - No. 82-59RESOLUTION NO. 82-59 RESOLUTION APPROVING AGREEMENTS WITH THE LODI GRAPE & WINE FESTIVAL & NATIONAL WINE SHOW FOR USE OF VARIOUS BUILDINGS AND FACILITIES BY THE CITY OF LODI RESOLVED, that the City Council of the City of Lodi does hereby approve two Agreements with the Lodi Grape and National Wine Show. The Agreement marked Exhibit "A" attached hereto and thereby made a part hereof covers the City's use of various Lodi Grape & Wine Festival Buildings and grounds for use by the City in the conduct of its recreational programs. The Agreement marked Exhibit "B" attached hereto and thereby made a part hereof covers the property used solely for the purpose of conducting the golf driving range. Now, Therefore Be It Resolved, that the City Council of the City of Lodi does hereby authorize the Mayor and City Clerk to execute the aforementioned Agreements on behalf of the City. Dated: June 16, 1982 I hereby certify that Resolution No. 82-59 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 16, 1982 by the following vote: Ayes: Council Members - Olson, Snider, Pinkerton, Murphy, and Reid Noes: Council Members - None Absent: Council Members - None Aepee& ALICE M. REIMCHE City Clerk 82-59 Extiibi t A LEASE THIS LEASE, made and entered into this day of , 1982, by and between LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a nonprofit corporation, hereinafter called LESSOR, and the CITY OF LODI, a municipal corporation of the State of California, hereinafter called LESSEE: WITNESSETH THAT: WHEREAS, the real property hereinafter described is owned by the County of San Joaquin, a political subdivision, and said property has been leased to LESSOR for the purpose of conducting thereon the annual San Joaquin County Fair during the month of September of each year; and, WHEREAS, during the remaining months of the year two buildings may be made available for the use of LESSEE in the conduct of its recreational programs: NOW, THEREFORE, the parties hereto do hereby agree as follows: I LESSOR does hereby lease to LESSEE the buildings described as Exhibit Building B and the Grape Pavilion for programs sponsored by and conducted under the supervision of the Lodi City Parks and Recreation Department on the Lodi Grape Festival Grounds situate in the City of Lodi, County of San Joaquin, State of California. II The term of this agreement shall be three (3) years, commencing on July 1, 1982. III It is understood and agreed that use of said buildings shall be coordinated as in the past, with the LESSEE presenting a schedule and written requests for dates other than the regular schedule, and LESSOR shall retain priority rights for use of said buildings to rent to others from time to time, and that the Grape Pavilion, on said grounds, shall be reserved on each Monday, Tuesday, Wednesday, and Thursday between the hours of 6:00 PM and 11:30 PM, November 1st through March 1st for recreation basketball. (Note; Fridays may also be used if necessary and if the date is available.) IV The use of the Grape Pavilion building shall be subject to the primary use by LESSOR during the annual Festival (County Fair), which ordinarily oc- curs in the month of September of each year, and for a period of 60 days immediately preceding opening day of the annual Festival, and four full weeks after the last day of the annual Festival. V The use of Commercial Building "B" (formerly the Junior Building) shall be subject to the primary use by LESSOR during the annual Festival (County Fair), which ordinarily occurs in the month of September of each year and for a period of 30 days immediately preceding opening day of the annual Festival and two full weeks after the last day of the annual Festival. VI Be it noted that LESSEE contemplates program expansion in the 1982-83 year which includes the placement of a second basketball floor in the Pavilion. Said 2nd floor shall be used during the same time period as the original floor. VII LESSEE agrees to pay LESSOR as rent, the sum of -Ten Thousand Dollars ($10,000.00) for a period of one (1) year, commencing July 1, 1982, and ending June 30, 1983. The rental fee for each of the remaining two years of this lease agreement shall be negotiated in May, 1983 for 'the 1983-84 year and again in May, 1984 for the 1984-85 year. It is also agreed that from time to time cost records and use records will be reviewed, and should the cost increase or decrease as estimated by the LESSOR for the operation of said facilities, adjustment in the rental shall be made accordingly. VIII The payment referred to in paragraph VII above shall be in full satis- faction of all use of the leased facilities by LESSEE, including costs of utilities, and reasonable wear and tear. LESSEE agrees to provide own janitorial service as required, due to their usage of facilities. Said floor (floors) shall be erected and dismantled by LESSEE. LESSOR shall assist in the putting in and taking out of any basketball floor or floors. It is an- ticipated that the floor or floors shall be put in place on or about the first day of each November and.shall be removed no later than the first day of each March, unless other dates are established by mutual written agree- ment. -2- LESSEE shall be diligent in turning out lights, turning off heaters and locking doors on buildings and outside gates daily and nightly after each and every use. If this provision is not observed LESSOR shall bill LESSEE for use of utilities beyond scheduled hours of use. IX LESSEE shall allow LESSOR the use of the Pavilion for major events and shall provide a protective cover (covers) for the basketball floor (floors) and place and remove said cover (covers) as required by such events. Notice of said major events to be given to LESSEE at least 30 days in advance of event. X The payment referred to in paragraph VII hereinabove shall have no effect on any tax, fee or charge for service made by LESSEE, and LESSOR hereby agrees that all such taxes, fees and charges shall be paid upon demand in the manner prescribed by the applicable ordinance. XI LESSEE agrees to exercise all reasonable care and supervision in the use of the leased facilities, so that same will not be unreasonably damaged. LESSEE agrees to repair or replace, at its.own expense, any and all damage to LESSOR'S facilities caused by LESSEE'S activities. LESSEE agrees to provide adequate qualified supervision at all times when using indoor or outdoor festival facilities. LESSEE agrees to provide adequate and qualified supervision outside of Buildings when indoor activities create a situation requiring such supervision. LESSEE agrees to clean up all areas used, outside and inside, including parking areas. All areas to be kept free of papers, cups, cans, bottles and other debris deposited as a result of LESSEE'S activities. XII It is expressly agreed and understood that this lease is for the use of the LESSEE for its recreational programs and NO SUBLETTING or assignment of this lease is permitted. Any programs or activities other than the basketball, rifle and dog programs shall first be cleared with LESSOR. LESSOR shall retain all concession rights and may operate concession during all applicable events under this lease specifically granted to LESSEE for each event or activity. -3- XIII LESSEE does hereby agree to indemnify, defend, and save LESSOR free and harmless from any and all claims for loss, damage, injury or liability to persons or property that may arise during the time the LESSEE is using said leased premises. LESSEE agrees, at all times during the continuance of this lease, to maintain adequate public liability and property damage insurance covering its use, occupance, and opera- tion of said premises. Such policy or policies shall carry a specific endorsement providing that the LESSORS, its officers and employees, the County of San Joaquin and the State of California are named as addition- al insureds and that such liability policy or policies are primary in- surance as to any similar insurance carried by the LESSOR. LESSEE shall furnish LESSOR with satisfactory proof of the carriage of insurance required by the LESSOR, and there shall be a specific contractual liability endorse- ment extending LESSEE'S coverage to include the contractual liability assumed by LESSEE pursuant to this lease. Any policy of insurance required of LESSEE under this lease shall also contain an endorsement providing that at least 10 (ten) days notice must be given in writing to LESSOR of any pending change in the limits of liability or of any cancellation or modification of the policy or policies. XIV The lease shall be in full force and effect on and after the first day of July 1982, and shall remain in full force and effect until the 30th day of June, 1985, unless earlier terminated. Termination may be effected at any time by mutual consent of both parties or by either party upon the furnishing of ninety (90) days' written notice to the other. This lease may be modified by mutual consent of both parties. XV In the event LESSEE is self-insured, LESSEE shall provide a certi- ficate of self-insurance in a form catisfactory to LESSOR. -4- IN WITNESS WHEREOF, the parties have set their hands as of the day and year first hereinabove written. (SEAL) ATTEST: LESSOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a non-profit corporation By President By Secretary -Manager LESSEE CITY OF LODI, a municipal corporation of the State of California By Mayor -5- City Clerk r libit B LEASE THIS LEASE, made and entered into this day of 1982, and between LODI GRAPE FESTIVAL & NATIONAL NINE SHOW, a non-profit corporation, hereinafter called LESSOR, and the CITY OF LODI, a municipal corporation of the State of California, hereinafter called LESSEE: WITNESSETH THAT: I. LESSOR hereby leases unto LESSEE that certain real property situate in the City of Lodi, County of San Joaquin, State of California, more particularly described as follows: (Property description subject to revision for clarification purposes) The East 525 feet of the following described parcel; Commencing at the Southeast corner of the Northeast 3. of Section 1, Township 3 North Range 6 East, along the East line of Section 1 North 660 feet; thence N. 89 degrees 41' 30" W., 1320 feet; thence 749.1 feet; thence N. 86 degrees 26' E., 1322.6 feet to the point of beginning and containing 21.35 acres of land. 2. It is understood that said property shall be used by LESSEE only for the purpose of conducting a golf driving range thereon along with such other customary auxiliary services as are generally provided at golf driving ranges. LESSOR reserves the right to approve or dis- approve any SUB -LESSEE. 3. This lease shall commence as of July 1, 19824 and terminate on the 30th day ofJune,_1984. 4. It is understood that LESSEE will sublet said premises to an individual or individuals for the purpose of operating said golf driving range, and that as a part of said rental, LESSEE shall be entitled to a percentage of the receipts from the use of golf balls. As rent for this lease, it is understood and agreed that LESSEE shall pay to LESSOR 50 per cent of all of the revenue received by LESSEE from the operator of the range for the rental of the golf balls. LESSEE shall pay said rent to LESSOR monthly or immediately after receiving receipts from Sub -LESSEE. It is expressly understood that no other sub -letting of the property by the LESSEE or its sub -LESSEE shall be permitted. 5. It is understood and agreed that all surface improvements on the demised premises, including buildings, poles and lights, are the property of LESSEE and may be removed by LESSEE at the termination of this lease or sooner, provided that the LESSEE is not in default in any of the terms and provisions hereof. 6. It is understood and agreed that neither the LESSEE nor sub - LESSEE will attach any permanent buildings or fixtures to the grounds without first obtaining written permission of the LESSOR. 7. It is understood and agreed that neither LESSEE nor sub -LESSEE of said Golf Driving Range shall be entitled to use or occupy said land during the annual Grape Festival, i.e. the three days immediately preceding the opening day of Festival and the two days following Fes- tival, and that neither LESSEE nor sub -LESSOR is to water the lawn area for at least three days prior to the 1St day of Festival. Watering of the lawn area will not be reinstituted until after the Festival and said Golf Range property is returned to Sub -LESSEE as it was received. The area commnly known as the putting green may be watered during the time of the Festival. 8. It is understood and agreed that, in the event LESSOR rents the Festival grounds for major events requiring use of the Golf Range pro- perty, LESSEE and Sub -LESSEE will suspend operation of the Golf Driving Range and will permit LESSOR full use of the lawn area for use as may benefit LESSOR. LESSOR is to return lawn area to LESSEE in useable con- dition. Neither LESSEE or sub -LESSEE shall water the lawn for at least three days prior to the 1st day of each event. For the privilege of pre- emption, LESSOR agrees to reimburse sub -LESSEE at the rate of Seventy - Five ($75.00) Dollars per day of actual use by LESSOR, it being understood this provision shall not apply to the annual Grape Festival period, week preceding and two days following. In no event shall LESSOR preempt LESSEE or Sub -LESSEE more than ten (10) times per year, exclusive of the annual Grape Festival period as identified in paragraph 7. 9. It is understood and agreed that the LESSOR may cancel this lease upon giving the LESSEE twelve (12) months' written notice prior thereof. It is understood ithat the same conditions would prevail should LESSEE want to terminate. 10. If for any reason the LESSEE shall terminate its sub -lease with the Golf Range operator on record at time of this agreement, it is under- stood that no new sub -lease will extend beyond the expiration time of this document. 11. LESSEE covenants and agrees to properly care for, water, and mow the present lawn and turf located on the demised property. -2- 12. LESSEE does hereby agree to indemnify, defend, and save LESSOR free and harmless from any and all claims for loss, damage, injury or liability to persons or property that may arise during the time that LESSEE or its Sub -LESSEE is using said leased premises. LESSEE agrees, at all times during the continuance of this lease, to maintain public liability and property damage insurance in amounts satisfactory to LES- SOR, covering its use, occupancy, and operation of said premises. Such policy or policies shall carry a specific endorsement providing that the LESSORS, its officers and employees, the County of San Joaquin and the State of California are named as additional insureds and that such liabil- ity policy or policies are primary insurance as to any similar insurance carried by the LESSOR. LESSEE shall furnish LESSOR with satisfactory proof of the carriage of insurance required by the LESSOR, and there shall be a specific contractual liability assumed by LESSEE pursuant to the lease. Any policy of insurance required of LESSEE under this lease shall also contain an endorsement providing that at least 10 (ten) days' notice must be given in writing to LESSOR of any pending change in the limits of liability or of any cancellation or modification of the policy or policies. - 13. LESSEE shall require any Sub -LESSEE to also maintain insurance policies as provided for herein and to provide proof of insurance and all endorsements, as provided herein, to LESSOR. 14. In the event LESSEE is self-insured, LESSEE shall provide a cer- tificate of self-insurance in a form satisfactory to LESSOR. -3- IN WITNESS WHEREOF, the parties have set their hands as of the day and year first hereinabove written. (SEAL) ATTEST: -4- LESSOR LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW, a non-profit corporation BY President By Secretary -Manager LESSEE CITY OF LODI, a municipal corporation of the State of California By Mayor City Clerk