HomeMy WebLinkAboutAgenda Report - December 18, 2002 E-15AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with
Tokay Radio Control Modelers for use of Pixley Park
MEETING DATE: December 18, 2002
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution authorizing the City
Manager to execute an agreement with Tokay Radio Control Modelers for
use of Pixley Park.
BACKGROUND INFORMATION: The Tokay Radio Control Modelers club has been using the Pixley
Park site since 1974 to fly remote control airplanes. To date, the
club has spent over $22,000 in developing the site for their use.
Their current agreement expires December 31, 2002. Due to their
long-standing relationship with the Parks and Recreation Department, staff recommends the attached
agreement authorizing use through December 31, 2003. Due to the uncertainty of the Pixley Park
development time line, staff recommends reviewing the agreement on an annual basis. Either party may
terminate the agreement by providing a 30 -day notice to the other.
FUNDING: None.
Prepared by Susan Bjork, Management Analyst Trainee
RB:svb
cc: City Attorney
APPROVED:
RO 0�'�
Roger Betz
Parks and Recreation Director
in -- City Manager
12/12/02
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 effective date of this agreement is January 1, 2003 and it shall remain in
effect until December 31, 2003. 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 clean 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 and\or occupied property.
d. RC Modelers shall not assign this Agreement or sublet any portion of the
premises without prior written consent of the City.
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", 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
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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 and that any said fixtures or
improvements shall become the sole property of the City for use or disposal by City.
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
APPROVE AS TO FORM:
RA DALL A. HAYS
City Attorney
ATTEST:
SUSAN J. BLACKSTON
City Clerk
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TOKAY RADIO CONTROL
MODELERS
KEVIN STRAW
President
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EXHIBIT B
CITY OF LODI
RISK TRANSFER REQuiREmENTS FOR LEASE OR USE OF CITY FACILITIES
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.
3. 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 I oj:.
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).
9. 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 fumished 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.
buurreq.doc Page 2 oft.
RESOLUTION NO. 2002-256
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
NOW, THEREFORE, 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 January 1, 2003 through December 31, 2003; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the agreement on behalf of the City of Lodi.
Dated: December 18, 2002
I hereby certify that Resolution No. 2002-256 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 18, 2002 by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2002-256