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Home My WebLink AboutReso. 1989-181 - Approving the lease agreement between the city of redding and the redding swim club -• i ' it RESOLUTION NO. g/q 1dn A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING SWIM CLUB ON THE CONCESSION STAND FACILITY AT THE LAKE REDDING PLUNGE IN THE CLAUDE H. CALDWELL MEMORIAL PARK, FOR THE TERM JUNE 1 , 1989 , THROUGH MAY 31 , 1990 , AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 Agreement 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 on the aforesaid document, when appropriate. 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 6th day of June , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Ful ton, Johannessen, & Carter NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Buffum ABSTAIN: COUNCIL MEMBERS : None 3A4-10/ SCOTT CARTER, Mayor City of Redding ATT ET:e&i 74 /, 0!VAPPROVED: /: /THEL A. NICHOLS , Nifty Clerk RA' DALL A. HAYS , ity Attorney by Connie Strohmayer, Assistant LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this 15th day of May, 1989 , 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 for the sale of food and beverages at the Lake Redding Plunge in the Claude H. Caldwell Memorial Park, which stand has been in use and operated as a refreshment concession for the past several years, and which stand the Club wishes to operate; and 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 one-year Lease of said facility to Club 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 is categorically 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 Club of one point five percent (1 .5%) of the gross receipts of the refreshment concession operations during the term of this Lease, .• j'. payable on or before October 1 , 1989 , 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 Redding Plunge in the Claude H. Caldwell Memorial Park for a period of one (1) year commencing June 1 , 1989 , and terminating May 31 , 1990. 2 . Club shall use said facility as and for a refreshment concession only, and for no other purpose. 3 . Club will staff and operate the concession stand, supervising and compensating its own employees at no cost to City. 4 . Club shall furnish the necessary equipment to adequately operate said concession stand, and will select and I4 dispense only safe foods, containers, and services. No glass bottles or containers are to be used. 5 . Club will pay all charges for utilities furnished to I ! said concession stand facility. 6 . Club accepts the concession stand as being in good and sanitary order, condition, and repair. City shall perform ordinary exterior and interior maintenance when required, but Club shall, after each use, leave said 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. Club shall be responsible for the care and maintenance of its own equipment, II and City shall not be liable for any loss of or damage to any of II Club' s equipment. Club is responsible for repairs to or -2- 4 , u , ; replacement 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 December 31st of each year during the term of this Lease, or any extensions hereof. 10 . The net revenues accruing to Club from the operation of the refreshment concession within the demised facility shall be expended only in accordance with the provisions of Paragraph 2 (b) of Resolution No. 4148 of the City-Council of the City of Redding as adopted by said Council on November 18 , 1968. 11 . This Agreement 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, including claims of Club, its officers, agents, employees, and members. Club shall indemnify and save City, its officers, agents, and employees, harmless from all liability, loss, cost, I I -3- All • 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 � I Acreement that Club shall, at its own expense, obtain from a Mi company authorized to do business in the State of California and keep in full force and effect comprehensive p 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 requirement shall be approved by City' s Risk Manager and filed with him prior to the commencement of the term of this Agreement. 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 shallpayanyand all possessory p ry interest taxes which may be levied by the Shasta County Assessor against Club arising out of its use of the demised facility. 15 . A breach by Club of any of the terms, conditions, and agreements contained in this Lease shall, at the option of City, be a basis for termination of this Lease. ' I! -4- All II, 16 . Any notices or demands that may be given by either party hereunder, including notice of default and notice of pp terrination, shall be deemed to have been fully and properly tlj j 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 Club c/o Dennis C. Barry, Post Office Box 2112, Redding, California 96099 . IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year first above N , written. �I I CITY OF REDDING R j By: SCOTT CARTER, Mayor REDDING SWIM CLUB I1 By: ,,444.4 ,t.t ALa/7..7 President f� f �fl ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney -5- I I