HomeMy WebLinkAboutAgenda Report - November 5, 2003 I-06UITY OF LoD
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AGENDA TITLE: Discuss options regarding the operation of the Skate Park at Kofu Park and provide staff
direction
MEETING DATE: November 5, 2003
PREPARED BY` Parks and Recreation Director,
RECOMMENDED ACTION: That the City Council discuss the operation of the skate park at Kofu Park and
provide staff direction.
BACKGROUND INFORMATION: Spohn Ranch, Inc., spoke to the City Council at a shirt sleeve meeting in
June, 2003, requesting a Subsidy to continue their management of the Lodi
Skate Park at Kofu Park. Their request was based on a change in the
market where other skate parks in the area were providing free admission
to skaters. Following a series of meetings between City staff and representatives of Spohn Ranch, and a
presentation to the Parks and Recreation Commission, Spohn Ranch, Inc., has asked to amend the contract to
include a subsidy of $59,800 for staffing to continue free skating at this location. This proposal would include a
sharing of the revenues from the pro shop, after a 20% operator's fee for management.
The Parks and Recreation Commission voted to terminate the existing contract with Spohn Ranch, Inc_ but did not
make a recommendation on the continued operation of the park.
Staff is presenting three options to the City Council:
(1) Amend the contract with Spohn Ranch, providing a $59,800 subsidy and continuing with the free admission
for this site.
(2) Terminate the contract and put the skate park operation out to bid (probable subsidy required.)
(3) Terminate the contract and operate the skate park with city staff. Estimated expense of $75,000,
FUNDING: Option I would require funding from the general fund of $59,800.
Option 2 cost to City would be determined by bid.
Option 3 would require funding from the general fund of an estimated $75,000.
All options have the potential to deliver revenue.
Tony Goehring
Parks and Recreation Director
Prepared by Michael Reese, Recreation Supervisor
rM City Attorney
APPRovm
xon Flynn -- City Manager
11-5-03 $kate Park Options
10128103
Options for management operation of Lodi Skate Park
Option 1
Spohn Ranch continues operation -
+experienced operator
+expected it in marketing
+emp loyees supervised by outside company
+revenue to City from net profits in 2003-03, City received $2,925)
+maintenance and repair of equipment by Spohn Ranch
+insurance/liability responsibility and expense by Spohn Ranch
-$59,800 subsidy
-lack of knowledge of local community
Option 2
Put operation out to bid:
+local operator has local knowledge and business contacts
+outside management gives City liability protection
-bid process is slow, may require closing in off-season
-operator may be from outside the area
-subsidy will be required at ? according to low bid
Option 3
City of Lodi supervision-,
+Local control
+Advertising/marketing improves
+Revenue from admission/concessions (free park or minimal admission charge?)
-employees hired/supervised by City staff
-training and repair of equipment by staff; cost unknown
-skate park staff expense projected at $60,377 (rotating staff to stay under 1000
hours/year)
-insurance expense ($10,000 to $15,000)
M
V _1141. . I I al V...
THIS AGREEMENT is made and entered into, by and between the CITY OF LO I., a
municipal corporation organized and existing under the Constitution and Laws of the State of
California, hereinafter referred to as the "City," and SPOHN RANCH, INC,, a California
corporation, hereinafter referred to as the "Concessionaire," and pursuant to the authority
granted by Resolution No. JT! -IU adopted by the Council of the City of Lodi on the day of
2O01.
6�1dt
WHEREAS, City is the owner of that certain real estate located in the City of Lodi, County
of San Joaquin, State of California, known as Kofu Park; and
WHEREAS, City and Concessionaire wish to enter into an agreement providing for the
construction and operation of a skate park,
NOW, THEREFORE, for and in consideration of the premises and mutual benefits flowing
to the parties herein, the parties hereto agree as follows:
I . TERM—The term of this Agreement, shall be for one five (5) year period and one
additional five (5) year renewal period, beginning with the date upon which this instrument is
executed.
The renewal period shall be automatic unless either party makes written notification of
non -renewal to the other party at least one year prior to the renewal date.
The parties reserve the right to renegotiate the terms of the Agreement within the first
ninety (90) days of the renewal period,
2. PREMISES—City hereby agrees to provide to Concessionaire, subject to the conditions
and restrictions as hereinafter provided, the site located within Kofu Park listed below and
designated in the sketch attached hereto as Exhibit A, which is made a part of this Agreement.
It is understood and agreed that Concessionaire shall have the use of the premises for twelve
(12) months out of the calendar year, unless the parties otherwise agree in writing to close the
premises for particular event(s). Concessionaire agrees that City may direct the skate par k to
be closed for up to four ( " 4) days per calendar year with at least ten (1 g) days written notice of
the closure being given Concessionaire by City.
3. CONSTRUCTION—Concessionaire agrees to provide design, construction and ramp
installation, and further agrees to manage and operate the same within the site in Kofu Park, All
skate ramps shall be equipped with full enclosures and metal tubing shall be capped, Deck
CA/CITYCONTRACT/LODISKATEPARK-2001 WITH SPOHN
AS OFJ ULY 3.X101
surfaces shall not exceed eight (8) feet in height above the concrete slab. Concessionaire
agrees to provide a pro -shop.
City shall pay Concessionaire the surn of $219,303.89 for the design and construction of
the skate park facilities being provided by Concessionaire as shown in Exhibit S. City shall own
ail improvements and equipment listed in Exhibit B. Concessionaire shall furnish, install, and
own all pro -shop furniture, shelving fixtures, equipment and products.
City shall furnish and install the following improvements for use by Concessionaire:
Chain-link fence with mow strip to enclose skate park area (option B)
Concrete pad (to Spohn Ranch specifications)
Sprinkler system modifications
Lighting system (30 foot candle, and a 1.2 uniformity ratio.)
Grading and access improvements (path)
Site preparation for pro shop
Electrical service to pro shop
All work shall conform to applicable standards and City requirements. Concessionaire will
be consulted as to design and construction requirements.
4. RENT—Concessionaire shall pay to City for the use of the heretofore described
premises Five (5) percent of the gross revenue up to $100,000, four (4) percent of the gross
revenue between $100,000 and $200,000, and three (3) percent of the gross revenue above
$200,000 measured on an annual basis. Gross revenue shall not include sales tax.
Concessionaire shall, within forty-five (45) days following the anniversary of opening day
of this facility, remit payment to the City Finance Director, Simultaneously with the payment
provided for herein, Concessionaire shall submit to the City Finance Director an itemized
accounting of all receipts taken in during the preceding year.
The Parks and Recreation Director shall reimburse Concessionaire for equipment and
materials expenses incurred for extraordinary cleaning costs on the part of Concessionaire
necessitated by storage of storm water in the Kofu Park basin,
It is further agreed that City shall have the right to inspect the financial records of
Concessionaire, and further, the right Of audit and recomputation of any and all amounts paid
under this Agreement shall always be accorded to City. Should City notify Concessionaire in
writing of its desire to inspect and/or audit its financial records, Concessionaire shall be
obligated to produce such records and make them available at Concessionaire's office
maintained at Kofu Park within five (5) business days of such notification,
5, LICENSES, TAXES, EXPENSES—Concessionaire shall be responsible for obtaining
the appropriate licenses and permits, including a City business license and building permit, and
paying all taxes, including possessory interest taxes, and other expenses related to the
occupation and use of the premises, except as may be specifically provided herein.
OPE
0 TI
1� —Concessionaire shall operate a properly staffed skate park, pro -shop and
RAON
concession at least six (6) days a week. The park shall be open a minimum of thirty (30) hours
per week. Concessionaire shall limit the skate park, pro -shop and concession hours of
operaton to 9 a.m. to 9 p.m., Sunday through Wednesday, and 8 a.m. to 10 p,m. Thursday
GA/CITYrCQ'qTRACT/1-00ISKATEPARK-2001 WITH SPOHN
AS OF JULY $,20G1 2
through Saturday. Concessionaire may close the skate park on a temporary basis to assist in
vandalism and disciplinary control. The skate park may also be closed during and shortly after
storm events during which water is stored in the Kofu Park basin.
Concessionaire may charge a fee for admission, not to exceed $5.00 for a three -(3) hour
session, for members, and not to exceed $10,00 for non-members. This fee may be re-
negotiated on an annual basis with the Director of Parks and Recreation.
Concessionaire shall operate the skate park in a safe and controlled manner with a high
standard of conduct required of all participants. The operation shall include provisions for
participants of varying ages and skill levels. In addition, Concessionaire shall schedule at least
three (3) hours per week for free public use, beginning at 2:00 p.m. or later on a weekday,
7. UTILITIES—It is understood and agreed that City shall be responsible for the payment
of all water and sewer charges for the premises located within Kofu Park. Concessionaire
agrees to limit its use of such utilities to reasonable and necessary usage to avoid unnecessary
consumption of such utilities. Concessionaire shall be responsible for electricity in the pro shop,
solid waste, gas, and telephone services,
6MAINTENANCE AND REPAI —Concessionaire shall maintain, repair and/or replace
the ramps and rails at the skate park. Concessionaire has the duty to and shall inspect the
ramps, Fails and concrete pad weekly. Concessionaire will inspect the concrete pad and make
reports to The City of Lodi regarding the condition of the slab and maintain a log detailing the
findings,
6t is further understood and agreed that City shall be responsible for lawn mowing,
irrigation system maintenance, exterior and structural maintenance, repair of the exterior of the
building in which the skate park pro -shop is operated, and maintenance of the existing
restrooms in the Kofu Park building.
Concessionaire shall have an affirmative duty to promptly report all known or possible
concerns that may require repair, to the Parks and Recreation Director, and submit a service
request for the work to be performed.
Concessionaire has the duty to and shall be responsible for daily cleaning and upkeep of
the skate park and pro -shop.
9. MODIFICATIONS—No modification of the existing facilities will be made by
Concessionaire without the written consent of City, acting through the
Parks and Recreation Director.
10� ACCESS—Concessionaire shall allow City, its officers, agents or employees free access
to the premises to ascertain if the premises are in a safe and sanitary condition and good repair
and to make repairs to the extent required to be made by City under other sections of this
Agreement,
11, PERMITTED USES—it is understood and agreed that Concessionaire shall have the
use of the promises solely for the purposes of operating and managing a skate park, offering
lessons and clinics, selling and/or renting skate -related items, acquiring corporate sponsorships,
and selling food and beverages. Advertising is limited to that placed on printed material and on
the ramp equipment enclosures below the upper deck surface and is not permitted on the fence
(-'AICITY;CON',-RACI'/LODESKATF-PARK,2001 WITH SPOHN
AS OF JUi,Y3, 2005 3
except during special events. In no case may advertising materials face the Ham Lane public
right-of-way, which is located an the east side of the facility. Use of amplified music is
prohibited except during special events as approved by the Parks and Recreation Director.
1Z SPECIAL EVENTS—It is understood and agreed that Concessionaire may use the
premises for skate -related special events, 'These events shall be subject to conditions similar to
the conditions of this Agreement, including the payment of the corresponding percentage of
gross income to City, as provided herein, and restoration of grounds and facilities to the
condition in which they were received, The minimum hours of operation required in this
agreement will be waived daring weeks in which special events are held. During special events,
the facility may be open to competitors, and to public viewing.
a, Q!ada_:0_QEf—LiNaUr It: Except to the extent caused by the negligence or
intentional misconduct of City or of any employee of City, City shall not at any time be liable for
injury or damage occurring to any person or property from any other cause whatsoever arising
out of Concessionaire's construction, maintenance, repair, use, operation, supervision, condition
or dismantling of the facility.
b. lndqMnfti of itC Except to the extent caused by the negligence or
intentional misconduct of City or of any employee of City, Concessionaire shall, at its sole cost
and expense, indemnify and hold harmless City and all associated, affiliated, allied and
subsidiary entities of City, now existing or hereinafter created, and their respective officers,
boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as
"Indemnitees"), from and against:
i. Any and all liability, obligation, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be imposed upon,
incurred by or be asserted against the Indemnities by reason of any actual or alleged act
or omission of Concessionaire, its personnel, employees, agents, contractors,
subcontractors, lessees andlor invitees resulting in personal injury, bodily injury,
sickness, disease or death to any person, or damage to, loss of, or destruction of
tangible property, or any other right of any person, firm or corporation, to the extent
arising out of or resulting from the construction, installation, operation, supervision,
maintenance, use or condition of the skate park by Concessionaire or Concessionaire's
facilities or Concessionaire's failure to comply with any applicable federal, state or local
statute, ordinance or regulation governing Concessionaire's use of the premises.
ii. Any and all liabilities, obligations, damages, penalties, claims, liens costs,
charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and other consultants), which are imposed
upon, incurred by or asserted against the Indemnities by reason of any claim or lien to
the extent arising out of work, labor, materials or supplies provided or supplied to
Concessionaire, its contractors or subcontractors, for the installation, construction,
operation maintenance or use of the premises or Concessionaire's facilities, and, upon
the prior written request of City, Concessionaire shall cause such claim or lien covering
City's property to be discharged or bonded within thirty (30) days following such request,
(-,AICITY/CONTRACT!LODISKATEPARK-2ooi WITH SPOHN
AS OF JULY 3, 2001 4
G. LnAe,-lnrdl �in �f �es��irp: Except to the extent caused by the
negligence or intentional misconduct of Concessionaire or of any agent, servant or employee of
Concessionaire, City shall, at its sole cost and expense, indemnify and hold harmless
Concessionaire and its officers, partners, boards, employees, agents, attorneys, and contractors
(hereinafter referred to as "Indemnities"), from and against: Any and all liability, obligation,
damages, penalties, claims, liens, costs, charges, losses and expenses (including, without
limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which
may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act
or omiFsion of City, its personnel, or employees, on the premises, resulting in personal injury,
bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of
tangible or intangible property,
d. Wen �ef 1�nemnbqa: In the event any action or proceeding shall be brought
against the Indemnities by reason of any matter for which the Indemnities are indemnified
hereunder, Concessionaire or City, as the case may be, ("Indemnitor") shall, upon reasonable
prior written notice from any of the Indemnitees, at Indemnitor's sole cost and expense, resist
and defend the same with legal counsel mutually selected by Indemnitee and Indemnitor;
provided however, that neither Indemnitee nor Indemnitor shall not admit liability in any such
matter or behalf of the other without express written consent, which consent shall not be
unreasonably withheld or delayed, nor enter into any compromise or settlement of, any claim for
which they are indemnified hereunder, without prior express written consent. The indemnifying
party's duty to defend shall begin upon receipt of a written notice identifying with specificity the
allegations that give rise to this duty to defend and shall be co -extensive with the indemnifying
party's indemnification obligations under the provisions of this Agreement,
e, _No t
jqQ: The parties shall give each other prompt notice of the making of any
claim or the commencement of any action, suit or other proceeding covered by the provisions of
this paragraph.
9. f the Agreement, Concessionaire hall maintain, or
Ln-*-uf "nc : During the term o $
cause to be maintained, in full force and effect and at its sole cost and expense, the following
types and limits of insurance:
i. Worker's compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred
Thousand Dollars ($100,000) for each accident,
ii. Comprehensive commercial general liability insurance with minimum
limits of One Million Dollars. ($1,000,000) as the combined single limit for each
occurrence of bodily injury, personal injury and property damage, The policy shall
provide blanket contractual liability insurance for all written contracts, and shall include
coverage for products and completed operations liability, independent contractor's
liability.
iii. Automobile liability insurance covering all owned, hired, and non -owned
vehicles in use by Concessionaire, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of state law
with minimum limits of One Million Dollars ($1,000,000) as the combined single limit for
each occurrence for bodily injury and property damage. This insurance will be in force
during construction, maintenance of facility, and special events,
CNCi'rY,JCQNTRACT/LODISKATaPARK-2001 WITH SPOHN
AS OF JULY 3, 2001 5
iv, Concessionaire shall maintain insurance on all skate park equipment,
including contents, equipment and inventory kept in the pro-shop/office, in an amount
sufficient to replace same,
V. All policies, other than those for worker's compensation shall be written
on an occurrence and not on a claims made basis.
Vi, The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits equal or exceed
those stated.
91 -N,.meAjinsureds: All policies, except for worker's compensation policies, shall
name City and all associated, affiliated, allied and subsidiary entities of City, now existing or
hereafter created, and their respective officers, boards, commissions, employees, agents and
contractors, as their respective interests may appear as additional insureds (herein referred to
as the "Additional Insureds"), Each policy which is to be endorsed to add Additional Insureds
hereunder, shall contain cross -liability wording, as follows:
"In the event of a claim being made hereunder by one insured for
which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in
the same manner as if separate policies had been issued to each
insured hereunder."
h. Eyid n c�fn_no: Certificates of insurance for each insurance policy
required to be obtained by Concessionaire in compliance with this paragraph, along with written
evidence of payment of required premiums, shall be filed and maintained with City annually
during the term of the Agreement. Concessionaire shall immediately advise City of any claim or
litigation that may result in liability to City. City shall immediately advise Concessionaire of any
claim or litigation that may result in liability to Concessionaire,
QLegk(_jg5 QLlo-$ ane ., All insurance policies maintained pursuant
to this Agreement shall contain the following endorsement:
Written notice shall be given to City by the insurer of any intention
not to renew such policy or to cancel, replace or materially alter
same, such notice to be given by mail, in an acceptable and
normal time period, never less than thirty (30) days.
LnqwLqncg__Compnj: All insurance shall be effected under valid and
g- 93:
enforceable policies, insured by insurers licensed to do business by the State of California or
surplus line carriers on the State of California Insurance Commissioner's approved list of
companies qualified to do business in the State of California. All insurance carriers and surplus
line carriers shall be rated A+ or better by A.M. Best Company.
Deduti s; All insurance policies may be written with deductibles not to exceed
_q�
$10,000, Concessionaire agrees to indemnify and save harmless City, the
Indemnitees and Additional Insureds from and against the payment of any
deductible and from the payment of any premium on any insurance policy
required to be furnished by this Agreement.
CA%CITY/CONTRAO TILOPISKATEPARK-2001 WITH SPOHN
AS OFJULY 3,20N 6
1, Contractors: Concessionaire shall require that each and every one of its
contractors and their subcontractors who perform work on the premises to carry, in full force and
effect, worker's compensation, comprehensive public liability and automobile liability insurance
coverages of the type which Concessionaire is required to obtain under the terms of this
paragraph with appropriate reasonable limits of insurance,
nl. Reybw pf dim ts: Once during each calendar year during the term of this
Agreement, City may review the insurance coverages to be carried by Concessionaire. If City
reasonably determines that higher limits of coverage are necessary to protect the interests of
City or the Additional Insureds, Concessionaire shall be so notified in writing and shall obtain the
reasonable additional limits of insurance at its sole cost and expense.
n. eat
jDn_ W iv Concessionaire shall require skate park patrons and/or
members to sign waivers releasing City from any and all liability for injuries received as a result
of their use of the skate park and indemnifying City from any liability incurred by City as a result
of their use of the skate park. Such forms shall be approved by the City in advance of the park's
opening.
14, TERMINATION—Either party shall have the right to terminate this Agreement by giving
the other party six (6) months written notice of its intention to do so.
15, FORCE MAJEURE—Neither City nor Concessionaire shall be deemed to be in breach
of this Agreement by reason of failure to perform any of its obligation under this Agreement if,
and to the extent that such failure is due to embargoes, shortages of materials, acts of God,
acts of the public enemy, acts of superior governmental authority, sabotage, strikes, boycotts,
labor disputes, weather conditions, riots, rebellion, and any circumstances for which it is not
responsible and which are not within its reasonable control. This provision shall not apply to
failures by Concessionaire to make money payments required by this Agreement, except in
those cases where provision is made in this Agreement for the abatement of such payments
under such circumstances, and this provision shall not prevent either party from exercising its
rights of termination herein granted.
16. DEFAULT—In the event Concessionaire fails to perform any of the conditions,
covenants, and agreements contained herein and refuses to perform within thirty (30) days of
written notice from City of such failure, City shall have the right and option to terminate this
Agreement upon thirty (30) days written notice to Concessionaire. In addition, City shall have
the right and option to terminate this Agreement upon thirty (30) days written notice upon the,
occurrence of the following events:
(a) Concessionaire becomes insolvent or is adjudged a bankrupt (voluntarily or
involuntarily) by actions filed in either state or federal court.
C,A/C;-iYICOC NTRAOT,'f-ODISKATF-PARK-2001 V41TH SPOHN
AS 0FJULY 3, 2000 7
17. NOTICE—All notices and payments of funds required to be given hereunder by either
party shall be deemed to have been sufficiently given by depositing the same in the United
States Mail, certified, return receipt requested, with proper postage affixed thereto, and
addressed as follows:
Spohn Ranch, Inc.
15131 Clark Avenue
City of Industry, CA 91745
TP-01ty (for matters other than the payment of rent and utilities as provided for herein):
Roger Baltz
Parks and Recreation Director
City of Lodi
125 North Stockton Street
Lodi, CA 95240
T�o_Qft (for the payment of rent and utilities as provided for herein):
Vicky McAthie
Finance Director
City of Lodi
212. West Pine Street P. 0. Box 3006
Lodi, CA 95240 Lodi, CA 96241-1 01 0)
It is further understood and agreed that as an alternate method of compliance with the
provisions. herein of giving notice and payments of funds that the same may be hand delivered
to the above -designated individuals, and the receiving party shall be required to execute an
acknowledgement of receipt for said notice or payments of funds. It is agreed that this alternate
method of compliance shall be as good and sufficient as if the same had been mailed to the
respective party as required above.
18. ASSIGNMENT AND SUBLETTING—It is understood and agreed that no estate shall
pass out of City to Concessionaire and that the premises herein provided shall not be subject to
levy and sale and are not assignable by Concessionaire without the express written consent of
the City. Concessionaire shall not sublease the premises, in whole or in part, except with the
prior written consent of City,
19, INDEPENDENT CONTRACTOR—Concessionaire shall occupy the relationship of an
independent contractor in the performance of the obligations of this Agreement, and the
necessary records shall be so as to preserve such relationship between Concessionaire and
City,
20. NON -DISCRIMINATION ----Concessionaire further warrants and agrees that no person
shall, on the grounds of race, creed, color, national origin, or sex be excluded from participating
in any program or activity for which these premises are used and that Concessionaire is an
equal -opportunity and affirmative -action employer and organization.
CtVCITY/CC).NIRACTtLODI$KAT�-:PARK-2001 \MTH SPOHN
AS OF JULY 3. 2001 8
21 . DRUG-FREE POLICY—Concessionaire shall agree to maintain a drug-free skate park,
including both employees and patrons. The unlawful manufacture, distribution, dispensing,
possession, use or being under the influence of controlled substances (drugs) and/or alcohol
during operating hours is prohibited.
22, COMPLIANCE WITH LAWS—Concessionaire's use of the premises shall comply with
all present and future laws, ordinances, codes, and regulations of federal, state, and local
government. Concessionaire shall not create or permit any nuisance on the premises,
21 LIENS—Concessionaire shall not have the authority or right to create any liens for labor
and material upon City's interest and premises hereby provided. All persons contracting with
Concessionaire for alterations and repairs thereof and all material men, agents, lessees,
contractors, mechanics and laborers are hereby charged with notice that they must look to
Concessionaire for the payment of any bill for work done or materials furnished during the
period of disagreement.
24. RIGHTS CUMULATIVE—All rights, powers and privileges conferred hereunder upon
parties hereto shall be cumulative and not restrictive of those given by law. Nothing contained
herein shall impair the right of City to exercise its governmental and legislative functions.
25, ENFORCEABILITY OF PROVISIONS—if any provision of this Agreement or the
application thereof to any party or circumstances should be invalid or unenforceable to any
extent, the remainder of this Agreement and the application of such provisions to any other
party or circumstances shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
26. WAIVER OF COMPLIANCE—No failure of City to exercise any power given City
hereunder, or to insist upon strict compliance by Concessionaire of any obligations hereunder,
and no custom or practice of the parties at variance with the terms hereof, shall constitute a
waiver of City's right to demand exact compliance with the terms hereof,
27. GOVERNING LAW—This Agreement has been made under and shall be construed in
accordance with the laws of the State of California,
28, DESCRIPTIVE READINGS—Descriptive headings appearing upon this lease are for
convenience only and are not to be construed either as a part of the terms and conditions or as
any interpretation of the parties.
29, ENTIRE AGREEMENT—It is understood and agreed that the foregoing provisions
constitute the entire agreement between the parties hereto. Any amendment or changes to the
terms hereof must be in writing and properly executed and attested to by both parties in order to
be bindina,
This Agreement shall not become effective and enforceable until executed by both parties
in writing,
CA/Cl �-Y;CONTRACTILODiSKATEPARK-200'I WITH SPOHN
AS OF JUI-Y 3, 2001 9
EXHIBIT A
EXHIBIT B
LODI, -CA
Item
� elat
katelite Pro
4` uaxter Pipe
3,733,38
4' Quarte Pipe/ Hipped into Mini Ramp.
3,801,60
3
4 a s Ramp Mtn Hoar)
27,876.13
4` adxuaeO, BanW Napped into Mini Ramp
3,501,60
5
4, to fix' Raked Radiused Bank with Planter
7,294,12
6'®p'y.�.�€1�,��z'p�e,�c�W ank
8,473, 89
pp �6
ITTall Fun Box wl Dbl,- .a. ed Planter & Mat Pla,nter
24,561,36
9
?,'Tall Fz3i Box w( Raked Planter, Rail, r,illed coruels
10
&Radiused Wedges with 42" Kicker
14, 18.29
1'
6' Quarter Pape
4,0446:18
19
4' to 6' Raked Quarter Pipe
$
8,09UG
is
4' (Quarter Pipe
6,082.65
1
.4'QuaTter Pipe Mpp,6 with Stait Ramp azid RaR
$
18,158.56
1.
04' We with led Corner
'6
a1t�o
13,158-56 8,168. fi
17
Beginner Ftin Box
4,227. 9
18
Manual Box
4,7 50.00
19
S
20
rree-stanaylg GILind Rau
-J�quipment
-Total Costs
lu , .-n n d lxastallation
$
$9500-00
Grand Total
204,218.84
ADDITIONAL OPTIONS
'aLclosi, re ems 1.-6,10-16)
15,000.06
Ravised Grand Total
21.9.303.99
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