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Home My WebLink AboutResolutions - No. 84-138 P.ESOLUrICN :!ID. 84-138 RFBOI1JI'ICN APPROV'IN3 AN �EElVIENI' WIIB 'lHE Iilll UNIFIED saroL DIS'IBICT RR USE OF 'IHE STADHM AND AUIHRIZIN3 'IHE MAYtR AND CITY CLERK 10 EXRlJfE 1HE SUB.JrCT' AGREB\�T CN BEHALF OF 1HE CITY OF IIDI BE IT RE50LVED that the City Council of the City of Lodi does hereby approve an Agreement with the Lodi Unified School District for the use of the Stadiun coomencing Septenber 1, 1984. A copy of which agreement is attached hereto identified as Exhibit "A" and thereby made a part hereof . . "trn 1HEREFCRE, BE IT FURIHER RESOLVED, that the City Counci 1 of the City of Lodi does hereby authorize the l\'layor and City Clerk to execute the subject Agreement on behalf of the City of Lodi. Dated: Septenber 19, 1984 I hereby certify that Resolution No. 84-138 was passed and adopted by the City Cormcil of the City of Lodi in a regular meeting held Septenber 19, 1984 by the following vote: Ayes: Counci 1 l\'lerrbers -Reid, Hinclman, Olson, Pinkerton, & Snider (r,.'Iayor) Noes: Comici 1 r,'lerrbers -None Absent: Council Menbers -None fHiu7h ·Jk� Alice M. Reimche City Clerk 84-138 --- A G R E E M E N T THIS AGREEMENT, made and entered into this l9th day of September , 19 8 4, 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 JOA()�IN COUNTY, hereinafter called Second Party; W I T N E S S E T H : WHEREAS, First Party is the owner of the Stadium situated in Lawrence Park, Lodi, California; and, WHEREAS, the parties hereto a�e desirous of allowing Second Pa rty 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: l)First Party does grant to Second Party the preferentialright to use said Stadium for the condt:ct of football games o r other events sponsored by Second Party for a period of one year, commencing September l, 1984. 2)It is agreed that the primary use to which the Stadiumwill be put by Second Party is for fc:.;otball 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 1ase said Stadium for additional purposes and at c:>ther times, then Second Party agrees to notify City Manager of First :'arty of thi!Z fact and the dates of the proposed use. With respect tu the use of said Stadium, Second Party understands that its right of use shall be subordinate to the prior claim and use of saL� Stadium by the Lodi Grape Festival and National Wine Show. 3)The consideration to be paid by Second Party to FirstParty shall be 6.5 cents per kilowatt ho�r for all electricity actually used by Second Party, plus a guaranteed base of $275.0-0 or thirty-five cents (35¢) per each adult person and five cents (5¢) for each higt school age student, whichever 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 aqrees to maintain the present li(Jhtingsystem and the necessary electricity therefor and to maintain the playing field in a substantially gocd order and condition. 5)It is understood that the Associated Students of bothHigh Schools will operate the food concessions at said Stadiurr.. It is hereby agreed that Second Fatty shall have an exclusive right to the operation of the concession stands and the sale of 311 foods and beverages, etc. during all per:ormances sponsored by Second Party and the Second Party shall be entitled to retain al.i the proceeds from the operations of said concessions. It is agreed that the -: - 0 pr ovisions 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 Partyoperate said concession. In the event that the said concessions areto be operated by a private concessionaire, then and in that event, sa_d concessions shall be entirely under the control and jurisdictionof First Party, who retains the right to grant private contracts to concessionaires for the operation of said facilities. 6) Second Party covenants and agrees to indemnify and saveFirst Party free and harmless from any and all liability or claims ofany 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 S�cond Party, their agents or employees. Second Party agreesto maintain public liability and property damage insurance covering the operation of said premises during the term hereof. 7) Second Party has in spected all of the facilities contained within said Stadium and accepts the condition of same"as is." 8) Second Party agrees to furnish to First Party on orbefore 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 andamount of the elec t::-icity furnished to Second Party. IN WITNESS WHEREOF, the Parties have executed thisa9reement the day and year first hereinabove written. Attest: (ll111 Jr, &[,.: ¼ l :_ ·Alice M. Reimche City Clerk Ron Stein City Attorney - 2 - City � b°dir,-;7 � . By 2� f/<.· -..::.).�u�Randy Snider, Mayor LODI UNIFIED SCHOOL DISTRICT OFSAN JOAQUIN COUNTY By----::�--=---�----------------Joan L. Pipes Business Manager Attest: Clerk of the Board of Trusteesof said District .. ,: