HomeMy WebLinkAboutAgenda Report - March 15, 1995 (53)of CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Agreement between the City of Lodi and the Tokay Radio Control Modelers for use of the
Pixley Park Site (Beckman Road and Vine Street)
MEETING DATE: March 15, 1995
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council approve the use agreement between the City of Lodi and
the Tokay Radio Control Modelers for use of Pixley Park for club activities.
BACKGROUND INFORMATION: For the past 20+ years the City of Lodi has had an informal agreement (a
handshake) with the RC Modelers Club of Lodi to use the Pixley Park Site to
fly their remote control planes, maintain the area, and make improvements, at
the club's expense (with city approval).
They have been a very cooperative tenant and have complied with all our
requests. City Attorney, Bob McNatt, felt that in the best interest of the city,
its property and liability, we should formalize our working relationship.
Attached is an agreement approved by all parties involved.
Please review and approve same for their continued use and our
documentation.
FUNDING: The City's Park Division periodically goes out to the site and disks weeds that
accumulate (per Fire Dept. direction). General cleanup and any facility
improvements have been done by the club members and at their expense.
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Ron Williamson
Parks and Recreation Director
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Attachment
cc: City Attorney
cc0315.Ccm
APPROVED:•
THOMAS A. PETERSON recycled paper
City Manager J
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CC0406A.COM March 7, 1995
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
January 1, 1995 and it shall remain in effect until December 31, 1998.
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;
b. RC Modelers shall maintain the premises in a clean condition by removing
trash and other debris ( not including weeds and grass ), from the premises;
JACA\C MCONTRACTIC-RCMOD.DOC
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 and\or occupied property.
3. Insurance\Hold 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 (4\93 (KE)", 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 Improvements: 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
any, of any and all such fixtures or other nonremovable improvements that may be left on
the premises upon the termination of this agreement.
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JACAICIMCONTRAC M-RCMOD.DOC
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:
by:
Ron Williamson
Director of Parks and Recreation
Attest:
Jennifer M. Perrin
City Clerk
by: Jacqueline L. Taylor
Deputy City Clerk
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1 ACATITYTONTRACTIC-RCMOD.DOC
TOKAY RADIO CONTROL
MODELERS:
by:
Darrin R. Graviet
President
Approved as to form:
Bob W. McNatt
City Attorney