HomeMy WebLinkAboutReso 92-131 - Approve & Authorize the mayor to execute the lease between the COR & the Redding Swim Team for use of the concession stand facility at the Redding Plunge in the Claude H Caldwell Mem Park during 1992 Plunge Swimming SeasonI
RESOLUTION NO. 7��1-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE
BETWEEN THE CITY OF REDDING AND THE REDDING SWIM TEAM FOR USE
OF THE CONCESSION STAND FACILITY AT THE REDDING PLUNGE IN THE
CLAUDE H. CALDWELL MEMORIAL PARK DURING THE 1992 PLUNGE
SWIMMING SEASON.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1. That the City Council of the City of Redding hereby
approves the above-mentioned Lease between the City of Redding and
the Redding Swim Team, a true copy of which is attached hereto and
incorporated herein.
2. That the Mayor of the City of Redding is hereby authorized
and directed to sign said Lease on behalf of the City of Redding,
and the City Clerk is hereby authorized and directed to attest the
signature of the Mayor and to impress the official seal of the City
of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 7th day of April 1992, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Carter, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATq)EST: FORM APPROVED:
CONNIE STROHMAYER, gity Clerk RA DALL A. HAYS, City Attorney N
REDDING PLUNGE CONCESSION STAND LEASE
THIS LEASE is made and entered into by and between the CITY OF
REDDING, a Municipal Corporation, hereinafter referred to as
"CITY, " and the REDDING SWIM TEAM, a Non-profit Corporation,
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,I hereinafter referred to as "TEAM" :
j W I T N E S S E T H:
WHEREAS, CITY is the owner of a Concession Stand Facility
(hereafter called "Facility" ) for the sale of food and beverages at
the Redding Plunge in the Claude H. Caldwell Memorial Park, which
Facility has been in use and operated as a refreshment concession
stand by the TEAM; and
WHEREAS, TEAM has requested of CITY, and CITY considers it to
be in the best interests of the CITY and its citizens to grant a
Lease of the Facility to TEAM during the Plunge 1992 swimming
season for the purpose of operating a refreshment concession,
subject to the terms and conditions hereinafter set forth; and
WHEREAS, it has been determined that this matter is categor-
ically exempt from the provisions of the California Environmental
Quality Act;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. For and in consideration of the payment to CITY by TEAM
of one and one-half percent ( 1. 5%) of the gross receipts of the
refreshment concession operations during the term of this 'Lease,
payable on or before October 1, 1992, and the terms and conditions
hereinafter covenanted and agreed to by TEAM, CITY hereby leases
and lets unto TEAM the Concession Stand at the Lake Redding Plunge
in the Claude H. Caldwell Memorial Park for the period commencing
with the start of the 1992 Memorial Day weekend and terminating at
the end of the 1992 Labor Day weekend.
2 . TEAM shall use the Facility as and for a refreshment
concession only, and for no other purpose.
j 3 . TEAM will staff and operate the concession stand,
supervising and compensating its own employees at no cost to CITY.
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4. TEAM shall furnish the necessary equipment to adequately
operate said concession stand, and will select and dispense only
safe foods , containers , and services. No glass bottles or
containers are to be used. The stock shall be selected by TEAM,
but must not include cigarettes, smoking materials, tobacco
products, alcoholic beverages, or any other items banned by
ordinance or other laws or regulations of any governing body having
jurisdiction.
S . TEAM will pay all charges for utilities furnished to the
Facility.
6 . TEAM accepts the Facility as being in good and sanitary
order, condition, and repair. CITY shall perform ordinary exterior
and interior maintenance when required; but TEAM shall, after each
use, leave the Facility in a clean and sanitary condition and
repair, reasonable use and wear thereof or damage by fire, Act of
God, or the elements excepted. TEAM shall be responsible for the
care and maintenance of its own equipment, and CITY shall not be
liable for any loss of or damage to any of TEAM' s equipment. TEAM
is responsible for repairs to or replacement of the Facility and
equipment damaged by vandalism or misuse.
7. Any alterations or improvements to the Facility shall
first require the written approval of CITY, and shall be at TEAM' s
sole cost and expense.
8 . This Lease shall not be assigned by TEAM without first
securing the written approval of CITY.
9. ' TEAM shall keep accurate records of costs and expenses,
income and revenues, and shall file a financial statement with CI'T'Y
on or before October 1, 1992 , along with its payment to City of
1 .50 of the gross receipts.
10. The net revenues accruing to TEAM from the operation of
the Facility shall be expended only in accordance with the
'I provisions of paragraph 2(b) of Resolution No. 4148 adopted by the
City Council of the City of Redding on November 18 , 1968, which
reads as follows:
The proceeds must be designated for use for the general public
betterment and not for the primary advancement or betterment
of the applicant or its members, and no part of the proceeds
may be kept by any individual member or officer or a corporate
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or association type application.
11 . This Lease is entered into upon the express condition
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that CITY, its officers , officials, employees , agents, and
j volunteers, shall be free from all liability and claims for damages
for personal injury, death, or property damage in any way connected
with TEAM' s services or its use of the Facility or any improvements
constructed therein or thereon during the term of this Lease,
including claims of TEAM, its officers, agents, employees, and
members. TEAM shall indemnify and save CITY, its officers,
officials, employees, agents, and volunteerss, harmless from all
liability, loss, cost, or obligation on account of or arising out
of any such injury or loss, however occurring.
12. Lessee shall procure and maintain for the duration of
this Lease insurance against claims for injuries to persons or
damages to property which may arise from or in connection with
TEAM' s operations and use of the leased Facility. The cost of such
insurance shall be borne by the TEAM.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability
coverage (occurrence form CB 0001) . Claims-made form is
also acceptable.
2. Workers ' Compensation insurance as required by the State
of California and Employers ' Liability Insurance.
Minimum Limits of Insurance
TEAM shall maintain limits no less than:
1. General Liability: $1, 000 ,000 per occurrence for bodily
injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, the general aggregate
limit shall be twice the required occurrence limit.
2 . Employer' s Liability: $1, 000,000 per accident for bodily
i injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and
approved by the CITY. At the option of the CITY, either: the
insurer shall reduce or eliminate such deductibles or self-insured
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retentions as respects the CITY, its officers, officials,
employees, agents , and volunteers ; or the TEAM shall procure a bond
guaranteeing payment of losses and related investigations, claims
administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to
contain, the following provisions:
1 . The CITY, its officers, officials, employees, agents, and
volunteers are to be covered as insureds as respects :
liability arising out of activities performed by or on
behalf of the TEAM; products and completed operations of
the TEAM; Premises/Facility owned, occupied or used by
the TEAM. The coverage shall contain no special
limitations of the scope of protection afforded to `he
CITY, its officers, officials, employees, agents , or
volunteers.
2 . TEAM' s insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees,
agents, and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials,
employees, agents, or volunteers shall be excess of the
TEAM' s insurance and shall not contribute with it.
3 . Any failure to comply with reporting or other provisions
of the policies, including breaches of warranties, shall
not affect coverage provided to the CI'T'Y, its officers,
officials, employees, agents, or volunteers.
4 . TEAM' s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except
with respect to the limits of the insurer' s liability.
5 . Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled by either party, reduced in coverage or
in limits except after thirty ( 30) days ' prior written
notice has been given to CITY.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best ' s
rating of no less than A:VII .
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verification of Coverage
TEAM shall furnish the CITY with Certificates of Insurance and
original endorsements effecting coverage required by this clause.
The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the CITY prior to the start of the 1992
Memorial Day weekend.
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13 . TEAM shall pay any and all possessory interest taxes
which may be levied by the Shasta County Assessor against TEAM
arising out of its use of the Facility.
14. A breach by TEAM of any of the terms, covenants ,
conditions, and agreements contained in this Lease shall, at the
option of CITY, be a basis for termination of this Lease.
15. Any notices or demands that may be given by either party
hereunder, including notice of default and notice of termination,
shall be deemed to have been fully and properly given when made in
writing, enclosed in a sealed envelope, and deposited in the United
States Post Office, certified mail, postage prepaid, addressed as
follows: To CITY c/o City Manager, 760 Parkview Avenue, Redding,
California 96001-3396 ; and to TEAM c/o John Clark, Post Office Box
992112, Redding, California 96099-2112 .
IN WITNESS WHEREOF, the CITY OF REDDING and the REDDING SWIM
TEAM have executed this Lease in the presence of their respective
Officers duly authorized in that behalf on the days and year set
forth below.
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CITY OF REDDING
DATED: , 1992 By:
MIRE DAHL, Mayor
REDDING SWIM TEAM
DATED: I-3 1992 By:
By:
ATTEST: FORM APPROVED:
CONNIE S
TROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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