HomeMy WebLinkAboutReso 1990-331 - Authorizing the mayor to execute the lease between the city of redding and the redding swim club III •
RESOLUTION NO. 962 -5.3)
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 CLUB FOR
USE OF THE CONCESSION STAND FACILITY AT THE REDDING PLUNGE
IN THE CLAUDE H. CALDWELL MEMORIAL PARK DURING THE 1990
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 Lease between the City of Redding and the
Redding Swim Club, 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 3rd day of July , 1990 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS : Arness, Dahl , Fulton, Moss, Buffo'
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS : None
'ANC /:UFFUM, : .yor
Cit
of Redding
ATTEST:SFOR. PPROVED:
/
ETHEL A. NICHOLS, City Clerk DALL A. HAYS , /City Attorney
• .
1,
REDDING PLUNGE CONCESSION STAND LEASE
.I
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 CLUB, a Non-profit Corporation,
hereinafter referred to as "CLUB" :
WITNESSETH:
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,
�I which Facility has been in use and operated as a refreshment
'.i concession stand by the CLUB; and
i4
WHEREAS , CLUB has requested of CITY, and CITY considers it
to be in the best interests of the CITY of Redding and its
citizens to grant a Lease of said Facility to CLUB during the
Plunge 1990 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:
iG
II'.
i , • •
II
I 1
j1
1 . For and in consideration of the payment to CITY by CLUB
of one point five percent (1 .5%) of the gross receipts of the
refreshment concession operations during the term of this Lease,
ipayable on or before October 1 , 1990 , and the terms and
conditions hereinafter covenanted and agreed to by CLUB, CITY
hereby leases and lets unto CLUB the Concession Stand at the Lake
;I. Redding Plunge in the Claude H. Caldwell Memorial Park for the
period commencing with the start of the 1990 Memorial Day weekend
and terminating at the end of the 1990 Labor Day weekend.
; 2 . CLUB shall use said Facility as and for a refreshment
concession only, and for no other purpose.
it
3 . CLUB will staff and operate the concession stand,
supervising and compensating its own employees at no cost to
CITY.
I I
4 . CLUB shall furnish the necessary equipment to
1, 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 CLUB, 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.
5 . CLUB will pay all charges for utilities furnished to
said concession stand Facility.
I
-2-
IP.
k e •
6 . CLUB accepts the concession stand as being in good and
sanitary order, condition, and repair. CITY shall perform
i; ordinary exterior and interior maintenance when required, but
CLLR shall, after each use, leave said Facility in a clean and
sanitary condition and repair, reasonable use and wear thereof or
I� .
damage by fire, Act of God, or the elements excepted. CLUB 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
CLUB' s equipment. CLUB is responsible for repairs to or replace-
ment of the concession stand Facility and equipment damaged by
vandalism or misuse.
7 . Any alterations or improvements to said Facility shall
first require the written approval of CITY, and shall be at
CLUB' s sole cost and expense.
8 . This Lease shall not be assigned by CLUB without first
securing the written approval of CITY.
9 . CLUB shall keep accurate records of costs and expenses,
income and revenues, and shall file a financial statement with
CITY on or before October 1 , 1990 , along with its payment to City
of 1 . 5% of the gross receipts.
10 . The net revenues accruing to CLUB from the operation of
the refreshment concession Facility shall be expended only in
accordance with the 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:
-3-
• •
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
IF, or a corporate or association type application.
Itl
11 . This Lease is entered into upon the express condition
that CITY, its officers, agents, and employees, shall be free
from all liability and claims for damages for personal injury,
death, or property damage in any way connected with CLUB' s
services or its use of said Facility or any improvements
constructed therein or thereon during the term of this Lease,
II including claims of CLUB, its officers , agents, employees, and
members. CLUB shall indemnify and save CITY, its officers,
if
ii agents, and employees, harmless from all liability, loss, cost,
II or obligation on account of or arising out of any such injury or
loss, however occurring.
12 . It is understood and agreed as a condition of this
Lease that CLUB shall, at its own expense, obtain from a company
,r,
authorized to do business in the State of California and keep in
full force and effect during the term of this Lease comprehensive
general liability insurance in the amount of $500 ,000 . 00 combined
single limits. The policy covering said insurance coverage shall
name CITY, its officers, agents, and employees, as additional
insured, and shall further contain a provision obligating the
insurance carrier to notify CITY in writing at least ten (10)
days prior to any cancellation or reduction of such insurance. A
Certificate of Insurance evidencing such coverage and notice
li
-4-
111
,
Ih :e_uirement shall be approved by CITY' s Risk Manager and filed
with him prior to the commencement of the term of this Lease.
13 . CLUB shall provide workers ' compensation insurance on
its employees staffing said concession stand Facility, and shall
furnish the Risk Manager of CITY with a Certificate of Insurance
evidencing such insurance, to be approved by him.
14 . CLUB shall pay any and all possessory interest taxes
11 wich may be levied by the Shasta County Assessor against CLUB
arising out of its use of the Facility.
15 . A breach by CLUB of any of the terms, covenants,
conditions, and agreements contained in this Lease shall, at the
ii
oz}ion of CITY, be a basis for termination of this Lease.
16 . Any notices or demands that may be given by either
',i' party hereunder, including notice of default and notice of
,t.
ii 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,
11,11
cstage prepaid, addressed as follows: To CITY c/o City Manager,
1
j 7= 0 Parkview Avenue, Redding, California 96001-3396 ; and to CLUB
c o Dennis C. Barry, President, Post Office Box 2112 , Redding,
C_lifornia 96099.
IN WITNESS WHEREOF, the CITY OF REDDING and the REDDING SWIM
CLUB have executed this Lease in the presence of their respective
i . /
-5-
•
410
Officers duly authorized in that behalf on the day and year set
forth below.
iY
CITY OF REDDING
DATED: , 1990 By:
NANCY BUFFUM, Mayor
REDDING SWIM CLUB
DATED: 0LJ:-/-// , 1990 By:
By:
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, CITY Clerk RANDALL A. HAYS , CITY Attorney
-6-
Ii