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HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-10 SMAGENDA ITEM Casio &A CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Master Lease Agreement with the Lodi Grape Festival and National Wine Show Association for Use of Various Festival Ground Facilities ($21,000) MEETING DATE: June 17, 2015 PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt resolution approving the master lease agreement with the Lodi Grape Festival and National Wine Show Association for use of various festival ground facilities for amount not to exceed $21,000. BACKGROUND INFORMATION: The Parks and Recreation Department has leased facilities from the Lodi Grape Festival and National Wine Show Association for more than 40 years for various indoor and outdoor programs. The proposed agreement includes use of the Grape Pavilion, Cabernet Hall, and an area known as the soccer field. Management of the Lodi Grape Festival has also been quick to accommodate the City's needs when other space and/or facilities are required. The term of the agreement is one year, commencing on July 1, 2015 and ending June 30, 2016. The terms and conditions are consistent with those of the previous agreement. The annual lease payment is $21,000. Staff recommends approving the use agreement, which provides facilities for youth and adult basketball, soccer, and other miscellaneous programming. There are no suitable alternative sites. The City Attorney has approved the agreement as to form. FISCAL IMPACT FUNDING AVAILABLE: cc: City Attorney $21,000 from the Recreation Fund, the majority of which is generated from user fees. Account #20073001.72321 — 2015/16 Recreation Administration Ayers, Deputy City Jeff Services Director , Recreation and Cultural Services Director APPROVED:` hen tc-Nvabaer, City Manager AGREEMENT NO. RA 77-15 INTERIM USE RENTAL AGREEMENT LODI GRAPE FESTIVAL & NATIONAL WINE SHOW ASSN., INC. FACILITIES THIS AGREEMENT made this 27th of April, 2015, at Lodi, County of San Joaquin, State of California, by and between the LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSN., INC., a non-profit corporation, hereinafter called the Festival, and CITY OF LODI, PARKS & RECREATION DEPARMENT hereinafter called the Renter. WITNESSETH: 1. Permission is hereby granted to the Renter to use the following described property of the Festival for a period beginning JULY 1, 2015 and ending JUNE 30, 2016 upon the conditions, agreements and terms hereinafter set out in this agreement in attached Exhibit A. 2. The description of the premises of the Festival, located in Lodi, County of San Joaquin, State of California, permitted to be used is described as: CABERNET HALL, THE EAST FIELD AND THE GRAPE PAVILION. 3. Renter hereby agrees to pay the Festival for use of said premises: $21,000 (TWENTY ONE THOUSAND DOLLARS) for rental of facilities as outlined in the attached Exhibit A. 4. Amount due is payable as follows: $21,000 (TWENTY ONE THOUSAND DOLLARS), return of signed contract and certificate of insurance due no later than June 30, 2015. SEE EXHIBIT "A" ATTACHED, THE CONTENTS OF WHICH ARE MADE PART OF THIS AGREEMENT BY REFERENCE AS THOUGH FULLY INCORPORATED HEREIN. 5. Said premises shall be used for the PARKS & RECREATION PROGRAMS and for no other purpose without the written consent of the Festival first had and obtained. Renter agrees to comply with all ordinances, statues, rules and regulations applicable to the conduct or operation of the activities of Renter herein permitted to be conducted. Renter shall provide adequate police protection to maintain order in and about the premises permitted to be used herein or to which necessary or expedient access has been granted at all times during the use of the premises herein permitted to the Renter. Renter shall not permit a breach of the peace or any unlawful act or omission by any person. 6. Renter agrees to maintain the premises herein permitted to be used and other portions of the premises of the Festival to which it, its employees, agents, licensees or ay member of the public has access to by reason of this agreement in good condition, reasonable wear and tear, damage by the elements, act of God, or casualties beyond the control of Renter only excepted, and Renter agrees to return said premises in the same condition as the premises were before use of the same was permitted hereunder, ordinary wear and tear, damage by the elements, act of God, or casualties beyond the control of the Renter excepted. The Festival shall have the privilege of inspecting the premises at any or all times. 7. Renter shall provide Festival with an original certificate of liability insurance with original signature, naming the STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN, LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSN., INC., THEIR AGENTS, DIRECTORS, OFFICERS, SERVANTS AND EMPLOYEES as additional insured insofar as the operations under this agreement are concerned. The amounts of public liability coverage shall not be less than $1,000,000 / $1,000,000 and the amount of property damage coverage shall not be less than $1,000,000, neither coverage to involve a deductible feature. Said certificates shall contain a statement by the insurance company that it will not cancel said policy without giving 30 days prior written notice to the Festival. 8. Renter does further expressly agree to indemnify, defend, and save the Festival, its agents, employees or licensees, harmless from any and all claims for loss, damage, injury or liability of whatsoever nature and howsoever the same may be caused or may arise resulting directly or indirectly from the exercise of this agreement or the occupation of the premises herein permitted to be used or the premises of the Festival to which the Renter, its agents, employees or licensees may have access by reason of this agreement. initials: Initials: Initials: Festival Hood Schwabauer Initials: Initials:_ Magdich .-- Ferraiolo CITY OF LODI, PARKS & RECREATION DEPARTMENT RA 77-15 PAGE 2OF 2 9. This agreement shall not be assigned in whole or in part nor may any right hereunder granted to the Renter be granted in turn to any person without the written consent of the Festival first had and obtained. 10. The Festival may terminate this agreement and be relieved of any further performance if Renter fails to perform any covenant herein contained at the time and in the manner herein provided, which said right shall be cumulative to any other legal right or remedy. Notwithstanding anything, herein contained to the contrary, this agreement may be terminated and the provisions of this agreement may be altered, changed or amended, by mutual consent of the parties hereto. Any fees paid in addition to the non-refundable deposit will not be refunded if event is terminated by either party 30 days or less prior to the event. 11. The parties hereto agree that the Renter in the performance of this agreement shall be an independent contractor and shall not be an employee of the Festival. 12. Time is of the essence of each and all the provisions of this agreement and the provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 13. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 14. All safety orders of the Division of Industry Safety, Department of Industrial Relations, must be strictly observed. 1S. NOTICE, Pursuant to Section 107.6 California Rev. & Tax Code. Renter recognizes and understands that this tenancy may create a possessory interest subject to property taxation and that the Renter may be subject to the payment of property taxes levied on such interest. 16. Additional provisions, if any, and/or alterations to existing provisions contained herein, shall be attached to this agreement and marked "EXHIBIT A." Such attached sheets when properly signed by both parties become a party of this agreement and shall be binding upon the parties hereto. IN WITNEESS WHEREOF, this agreement has been executed in duplicate by and on behalf of the parties hereto, the day and year first written above. LODI GRAPE FESTIVAL & NATIONAL WINE SHOW ASSN., INC. P.O. BOX 848 - 413 E. LOCKEFORD ST. LODI, CA 95241 (209) 369-2771 BW, j4�JW_A,' MARK A. ARMSTRONG GENERAL MANAGER APPROVE AS TO FORM: CITY OF LODI, a municipal corporation 125 N. STOCKTON ST. LODI, CA 95240 (209)333-6800 f By: E OD D RECTOR, PARKS & RECREATION By: By: By: JANICE MAGDICH CITY ATTORNEY STEVE SCHWABAUER CITY MANAGER JENNIFER FERRAIOLO CITY CLERK EXHIBIT A RENTER AGREES THAT: AGREEMENT NO. RA 77-15 1. Festival does hereby lease to Renter, Cabernet Hall, the Grape Pavilion and the East Feld for programs sponsored by and conducted under the supervision of the City of Lodi Parks & Recreation Department on the Lodi Grape Festival grounds, situated in the City of Lodi, County of San Joaquin, and State of California. Festival grants Renter the non-exclusive right to utilize necessary parking lot space and access routes to the buildings which are necessary to conduct its recreation program. 2. Renter's use is limited to the following: GRAPE PAVILION Grape Pavilion shall be reserved for Renter's use approximately October 1, 2015 through March 15, 2016 unless other dates are established by mutual written agreement prior to October 1, 2015. Renter may request additional Saturday dates from March 15, 2015 through July 13, 2015, subject to availability. The hours of use for Renter are: Monday through Friday 5 p.m. to 11 P.M. Saturday 7 a.m. to 1 a.m. (Sunday) Sunday 7 a.m. to 11 p.m. (Renter shall use the weekend schedule on legal holidays falling on weekdays.) Festival reserves the right to rent Pavilion for basketball practice Monday through Friday until 5 p.m. and Renter shall be pre- empted from the building on the following dates: Wednesday, December 9, 2015 through Sunday, December 13, 2015 and Friday, January 29, 2016 through Sunday, January 31, 2016. In the event Festival schedules use of the Pavilion to another user, that user or the Festival will immediately thereafter provide custodial care and/or maintenance of the Pavilion in order to return it to Renter in satisfactory condition for Renter's continued use. CABERNET HALL Cabernet Hall shall be reserved for Renter's use from October 1, 2015 through August 15, 2016 on Monday through Thursday from 4:30 p.m. to 11 p.m. Use of Cabernet Hall is reserved by the Festival on Fridays, Saturdays and Sundays. EAST FIELD The East Field shall be reserved for Renter's use from October 15, 2015 through April 15, 2016 on Monday through Thursday from 4 p.m. to 11 p.m. Festival reserves the right to pre-empt Renter when other events conflict. Renter will provide no less than one (1) portable restroom for its own use and will provide daily pickup of trash in the East Field during the lease period. In exchange for use of East Field, Renter will mow field lawn every third week during winter months (October 15 through April 15) and every week during the summer months (April 16 through October 14). On Thursdays, renter agrees to practice soccer in the North area of the East Field if set up or tear down is taking place for the weekly Grape Festival Flea Market. 3. Renter shall provide sufficient personnel to monitor crowd control, including policing of parking lot areas and grounds adjacent to the facilities being used to insure no disturbance of other Renters on the Festival grounds, Festival shall have the right to pre-empt usage of any facility when other renters will be in the immediate vicinity of the buildings. Festival will notify Renter in advance of these pre-empted dates. 4. Renter shall be diligent in turning out lights, turning off heaters and/or coolers and locking building doors and outside gates daily and nightly after each use. If this provision is not observed Festival shall bill renter for use of utilities beyond scheduled hours of use. Each staff member requesting keys shall check them out individually from Festival office. Renter shall be billed $50 (fifty dollars) for each key not returned to Festival at end of each lease year. Initials: Initials: Initials: - No d nitials:ood Schwabauer Initials: Initials: Magdich Ferraiolo CITY OF LODI, PARKS & RECREATION DEPARTMENT EXH I BIT A RA 77-15 PAGE 2OF2 S. Renter agrees to provide adequate qualified supervision at all times when using any of Festival's facilities. Renter agrees to clean up all areas used, outside and inside, including parking areas, on a daily basis, and all areas of the buildings and grounds are to be kept free of papers, cups, cans, bottles and other debris deposited as a result of Renter's activities. Renter agrees to repair or replace, at its own expense, any and all damage to Festival buildings, facilities, equipment and/or grounds caused by Renters activities. 6. It is expressly agreed and understood that this lease is for use by the Renter for its recreational programs and NO SUBLETTING or assignment of this lease is permitted unless otherwise approved by mutual written agreement. Any programs or activities other than the basketball program shall first be approved by Festival. Renter shall have concession rights for its events only and may operate a concession during all applicable events under this lease specifically granted to Renter. Concession shall comply with all health, fire and safety regulations, including no propane or gas cooking inside the buildings. 7. Renter does hereby agree to indemnify, defend and save Festival 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 Renter is using the buildings, facilities and/or grounds which arise from the acts or omissions of Renter, except for claims for loss, damage, injury or liability to persons or property which arise from the acts or omissions of the Festival. For such claims, the Festival does hereby agree to indemnify, defend and save Renter free and harmless. Renter agrees at all times during the continuance of the lease to maintain adequate public liability and property damage insurance covering its use, occupancy and operation of said premises. Such policy or policies shall carry a specific endorsement providing that the Lodi Grape Festival and National Wine Show Assn., Inc., the County of San Joaquin, the State of California, and their agents, directors, officers, servants and employees are named as additional insured and that such liability policy or policies are primary insurance as to any similar insurance carried by Festival. Renter shall furnish Festival with satisfactory proof of insurance coverage required by Festival, and there shall be a specific contractual liability assumed by Renter pursuant to this lease. Any policy of insurance required of Renter under this lease shall also contain an endorsement providing that at least thirty (30) days of notice must be given in writing to Festival of any pending change in the limits of liability or of any cancellation or modification of the policy or policies. In the event that the Renter is self-insured, Renter shall provide a certificate of self-insurance in a form satisfactory to Festival. LODI GRAPE FESTIVAL & NATIONAL WINE SHOW ASSN., INC. P.O. BOX 848 — 413 E. LOCKEFORD ST. LODI, CA 95241 (209)369-2771 MARK A. ARMSTRONG GENERAL MANAGER APPROVE AS TO FORM: By JANICE MAGDICH CITY ATTORNEY V CITY OF LODI, a municipal corporation 125 N. STOCKTON ST. LODI, CA 95240 (209) 333-6800 By: 429.0- o6D/ D RECTOR, PARKS & RECREATION By: By: STEVE SCHWABAUER CITY MANAGER JENNIFER FERRAIOLO CITY CLERK RESOLUTION NO. 2015-78 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE 2015/16 MASTER LEASE AGREEMENT WITH THE LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW ASSOCIATION FOR USE OF VARIOUS FESTIVAL GROUND FACILITIES AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Parks and Recreation Department has leased facilities from the Lodi Grape Festival and National Wine Show Association for more than 40 years for various indoor and outdoor programs; and WHEREAS, this agreement allows the City use of the Grape Pavilion, Cabernet Hall, and an outdoor area know as the soccer field; and WHEREAS, management of the Lodi Grape Festival has also been quick to accommodate our needs when other space and/or facilities are required; and WHEREAS, the term of this Agreement is for one (1) year, commencing July 1, 2015, and ending June 30, 2016; and WHEREAS, the annual lease payment is $21,000; and WHEREAS, staff therefore recommends that the City Council approve the Master Lease Agreement which provides facilities for youth and adult basketball, soccer, and other miscellaneous programs. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Master Lease Agreement with the Lodi Grape Festival and National Wine Show Association, for use of the Grape Pavilion, Cabernet Hall, and an area known as the soccer field for the period July 1, 2015 to June 30, 2016, at a cost not to exceed $21,000; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Master Lease Agreement on behalf of the City of Lodi. Dated: June 17, 2015 I hereby certify that Resolution No. 2015-78 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-78