HomeMy WebLinkAboutAgenda Report - August 4, 1999 E-09ON On
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Approval of Agreement Between City of Lodi and Tokay Radio Control Modelers for
Use of Pixley Park Site
MEETING DATE: August 4, 1999
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council approve the agreement between the City of Lodi
and Tokay Radio Control Modelers for Use of Pixley Park Site.
BACKGROUND INFORMATION: The Tokay Radio Control Modelers has asked staff to revise their
current use agreement for Pixley Park to include an adjusted fly
path and any other issues that needed to be updated.
This club has been using the Pixley Park site since 1974 to fly remote control airplanes. To date, the
club has put over $22,000 in development to the site including a relocation of the runway in 1997, and
now another ajustment to the fly path. The club has had a long-standing relationship with the Parks and
Recreation Department and staff is recommending the agreement to be effective August 1, 1999 to
December 31, 2002.
FUNDING: None. The club provides any needed improvements to the site.
Ron Williamson
Parks and Recreation Director
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Attachment
oc: City Attorney
Tokay Radio Control Airplane Club
APPROVED:
H. Dix Flynn -- City t4anager
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AGREEMENT
USE OF PIXLEY PARK SITE BY
TOKAY RADIO CONTROL MODELERS
PARTIES:
This agreement is made by and between the City of Lodi, a municipal
corporation ("City") and the Tokay Radio Control Modelers (`RC Modelers").
The term of this agreement is three years. The effective date of this agreement
is August 1, 1999 and it shall remain in effect until December 31, 2002. This agreement
supersedes any and all previous agreements between the parties.
RECITALS:
The City is the owner of the parksite commonly known as Pixley Park, which is
located on Beckman Road in the City of Lodi. It is City's intent to develop Pixley Park as
a park, but as of the date of this agreement City has not done so.
In entering into this agreement it is the intent of the parties that any use of the
premises by RC Modelers is temporary in nature and that said temporary use shall in no
manner interfere, delay or hinder City's future development of a park at the Pixley Park
site.
TERMS AND CONDITIONS:
1. Premises: City grants to RC Modelers the right to use that portion of Pixley
Park described in Exhibit A for the operation of remote control model aircraft.
2. Consideration: In consideration for the use of said premises RC Modelers shall
do the following:
a. Any and all improvements to the premises to be constructed or otherwise
placed upon said premises by RC Modelers shall be subject to prior
approval by City;
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b. RC Modelers shall maintain the premises in a dean condition by
removing trash, and other debris (not including weeds and grass), from
the premises;
C. RC Modelers shall take all reasonable steps to prevent their activities on
said premises from causing a nuisance, annoyance or other harm to any
and all persons or entities who own or occupy neighboring properties and
this shall include, but not be limited to, prohibiting model aircraft from
flying over any neighboring building andlor occupied property.
3. InsurancelHold Harmless: City shall, as owner of the property, be responsible
to the extent provided by law for any damages arising from the condition of the property
itself, or from the direct and active negligence of City's employees and officers. RC
Modelers shall save, defend, indemnify and hold harmless City, its officers, agents or
employees from all damages, costs or expenses which may arise because of damages
or injury caused by RC Modelers, its officers, agents, members or employees during the
course of its activities on said premises. Such indemnity shall include attorney's fees.
RC Modelers is required to carry a policy of comprehensive general liability insurance in
compliance with all provisions of the "Risk Transfer Requirements for Lease or Use of
City of Lodi Facilities", attached hereto as Exhibit B and incorporated herein by
reference.
4. Compliance With Local Ordinances: RC Modelers agrees to meet any and all
requirements as found in local codes or ordinances and to obtain all necessary permits,
clearances and approvals from City, County or State officials prior to conducting any
improvements, events or other activities on said premises.
5. Disposition of ImRroyaments: It is agreed that any and all fixtures or other
nonremovable improvements placed upon the premises by RC Modelers may be left on
the premises upon termination of this agreement. It is further agreed that RC Modelers
shall seek no reimbursement, damages or other consideration from City for the value, if
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any, of any and all such fixtures or other nonremovable improvements that may be left
on the premises upon the termination of this agreement.
6. Termination of Agreement: This agreement may be terminated at any time
with or without cause by either party upon thirty days notice.
7. Entire_Agreement: This document contains the entire agreement between the
parties. Any inconsistent prior or contemporaneous oral terms are void and shall not be
used to modify or supplement this written agreement.
IN WITNESS WHEREOF, the parties hereto, being in agreement with the terms
of this writing, have set their hands as follows:
CITY OF LODI, a municipal corporation
H. DIXON FLYNN
City Manager
Dated:
Attest:
ALICE M. REIMCHE
City Clerk
TOKAY RADIO CONTROL MODELERS
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KENNETH V. ROBBERS
Dated: /�/ ✓
Approved as to form:
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RANDALL A. HAYS
City Attorney
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CITY OF Low
RISK TRANSFER REQUIREMENTS FOR LEASE OR USE OF CITY FAcmffiEs
1. Any individual party or group (hereinafter called Lessee) leasing, renting or otherwise
using City of Lodi facilities, is required to carry a policy of Comprehensive General
Liability insurance, and must complete a formal application or permit. Processing of
applications is handled by the department responsible for the facility.
2. A duplicate or certificate of insurance shall be delivered to the City 30 DAYS prior to the
use of City facilities.
NOTE: Lessee agrees and stipulates that any insurance coverage provided to the City of
Lodi shall provide for a claims period following termination of coverage which is as lease
consistent with the claims period or statutes of limitations found in the California Tort
Claims Act (California Govt. Code < 810 et seq.).
"Claims made" coverage requiring the insured's to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
Each insurance certificate shall contain satisfactory evidence that each carrier is required
to give the City of Lodi immediate notice of the cancellation or reduction in coverage of
any policy during the effective period of the use of the City's facilities.
4. Each insurance certificate shall state on its face or as an endorsement, the location or and
a description of the function that it is insuring.
5. If the City has not approved the insurance certificate and appropriate application or
permit prior to the commencement of any portion of the function, the City's facilities will
not be allowed to be utilized, and any contract or agreement entered into will become null
and void.
6. Provided the lease agreement or contract does not prohibit a subtenant, all provisions of
these requirements shall apply to and be construed as applying to any subtenant of the
Lessee.
7. All requirements herein provided shall appear either in the body of the insurance policies
or as endorsements and shall specifically bind the insurance carrier.
Insurreq.doc Page 10f Z
8. In each and every instance, the City of Lodi must be named as an additional insured on
the face of the insurance certificate or as an endorsement attached to the insurance
certificate. (The City of Lodi, its Elected and Appointed Boards, Commissions, Officers,
Agents and Employees, must be named the additional insured, not Hutchins Street
Square, Parks and Recreation, or another individual or department).
The address of the City of Lodi must be shown along with number 8 above, (i.e.
Additional Insured, City of Lodi, its Elected and Appointed Boards, Commissions,
Officers, Agents and Employees, 221 W. Pine Street, Lodi, Ca. 95240) This must be the
street address NOT the post office box.
10. In addition to the Additional Names Insured Endorsement on Lessee's policy of
insurance, said insurance policy shall be endorsed to include the following language or
reasonable facsimile:
"Such insurance as is afforded by the endorsement for the Additional Insured's 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."
11. The combined single limits for bodily injury and property damage shall not be less than
$1,000,000 each occurrence. If alcohol is to be consumed or sold at the Lessee's event,
then liquor liability coverage must be provided.
12. The Policy effective date and expiration date must coincide with and span the date(s) of
the event being insured.
13. If the limits of coverage are not the amounts specified in Section 10 and 11 above and/or
if the City is not named as an additional insured on the insurance certificate, not in
conformance with the requirements of paragraph 2 above, the City will not accept the
insurance certificate, and a corrected certificate must be furnished to the City prior to any
use of City facilities.
14. If a corrected insurance certificate and appropriate application or permit is not received
by the City of Lodi prior to the use of City facilities, the City will not allow the facilities
to be used, and any agreement or contract entered into will become null and void.
Insurreq.doc Page 2 oj2.
RESOLUTION NO. 99-110
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
AGREEMENT BETWEEN THE CITY OF LODI AND TOKAY RADIO
CONTROL MODELERS FOR USE OF PIXLEY PARK SITE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
BE IT RESOLVED that the Lodi City Council does hereby approve the
Agreement between the City of Lodi and Tokay Radio Control Modelers for the use of
Pixley Park site; and
BE IT FURTHER RESOLVED that the term of this Agreement will cover the
period of August 1, 1999 through December 31, 2002; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the agreement on behalf of the City of Lodi.
Dated: August 4, 1999
1 hereby certify that Resolution No. 99-110 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 4, 1999 by the following
vote:
AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino
and Land (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS—None
ABSTAIN: COUNCIL MEMBERS — None
ALICE M. REIMCHE
City Clerk
99-110