HomeMy WebLinkAboutReso. 1988-270 - Approving the agreement between the city of redding, shasta union high school district, and enterprise boosters club RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING, SHASTA
UNION HIGH SCHOOL DISTRICT, AND ENTERPRISE BOOSTERS CLUB FOR
OPERATING THE CONCESSION STAND FACILITY AT ENTERPRISE HIGH
SCHOOL, 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 Agreement between the City of Redding, Shasta Union
High School District and the Enterprise Boosters Club effective
June 1 , 1988 , a true copy of which is attached hereto and
incorporated herein; and
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement 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 2nd day of August , 1988 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Buffum, Dahl , Ful ton, & Johannessen
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: Carter
ABSTAIN: COUNCIL MEMBERS: None
Kl MAURICE JOHANNESSEN, Mayor
City of Redding
ATTEST: r FO PPROVED:
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS, City Attorney
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AGREEMENT
THIS AGREEMENT made and entered into as of the 1st day of
June, 1988 , by and between the CITY OF REDDING, a Municipal
Corporation, hereinafter referred to as "City, " the SHASTA UNION
HIGH SCHOOL DISTRICT, hereinafter referred to as "District, " and
the ENTERPRISE BOOSTERS CLUB, a non-profit organization, herein-
after referred to as "Club" :
WITNESSETH:
WHEREAS, pursuant to an Agreement dated May 16, 1977 , City
and District have jointly constructed a swimming pool and tennis
court complex on the grounds of Enterprise High School in the
City of Redding, and are to share the maintenance, use, and
supervision of said facility; and
WHEREAS, said complex also includes a concession stand
facility for the sale of food and beverages, which Club wishes to
operate , employing area teenagers to staff same; and
WHEREAS, it appears to be in the best interests of the
parties hereto and the citizens of Redding that certain terms and
conditions be agreed upon in writing for the operation ofsaid
concession stand facility by Club;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1 . The term of this Agreement shall be two (2) years
commencing June 1 , 1988 , and terminating May 31 , 1990 .
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2 . No rental shall be paid under this Agreement.
3 . Club will staff and operate the concession stand,
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supervising and compensating its own employees at no cost to City
or District, and coordinating its hours of operation with the
Principal of Enterprise High School and the Director of
Recreation and Parks of City.
4 . Club will 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 glass
containers are to be used.
5 . Club will pay all charges for utilities furnished to
said concession stand.
6 . Club shall use said facility as and for a food and
beverage concession stand only, and for no other purpose .
7 . Club accepts the concession stand as being in good and
sanitary order, condition, and repair. City and District 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, and neither City nor District will be liable for any
loss of or damage to any of Club' s equipment. Club is
responsible for repairs to or replacement of the concession stand
facility and equipment damaged by vandalism or misuse.
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8 . Club is responsible for the maintenance and daily
cleaning of the concession equipment and the concession booth.
9 . No alterations or improvements to said facility shall
be performed by Club without prior written approval of City and
District.
10 . All litter in the south parking lot, pool area, and
adjoining field areas will be cleaned daily and kept free of
litter by Club; however, if a school activity is held during this
time , the resulting litter will be cleaned up by school
personnel. If Club does not adequately clean this area, City and
District reserve the right to void this Agreement on seven (7)
days ' written notice. Trash containers and dumpsters will be
provided by City, and containers will be emptied by Club during
the period of this Agreement.
11 . This Agreement shall not be assigned by Club to any
other person or organization without first securing the written
approval of City and District.
12 . Club shall keep accurate records of costs and expenses,
income, and revenues, and shall file a financial statement with
City and District on or before the 31st day of December of each
year during the term of this Agreement, or any extension thereof.
13 . The net revenues accruing to Club from the operation of
the refreshment concession shall be expended only in accordance
with the provisions of Paragraph 2 (b) of Resolution No. 4148 of
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the City Council of the City of Redding as adopted by said
Council on November 18 , 1968 .
14 . District agrees to provide Workers ' Compensation
insurance for Club and for Club' s employees staffing said
concession stand, and to furnish to City a Certificate evidencing
such insurance, in a form to be approved by the Risk Manager of
City.
15 . City and its officers , agents, and employees mployees shall be
free from all liability and claims for damages by reason of any
injury to a person or persons, including officers, agents, and
employees/members of District and Club, from any cause or causes
whatsoever in any way connected with the use of said facility or
any improvements constructed or installed therein or thereon
during the term hereof. District agrees to indemnify and save
City, its officers, agents, and employees, harmless from any and
all liability, loss, cost, or obligation on account of or arising
out of any such injury or loss, however occurring.
16 . District shall furnish to City a Certificate evidencing
comprehensive general liability insurance in the amount of
$500 , 000 .00 combined single limits, to be approved by the Risk
Manager of City prior to the commencement of the term hereof.
Such insurance shall contain a hold harmless provision on behalf
of and for the benefit of City and its officers, agents, and
employees in accordance with the preceding paragraph; shall name
City as additional insured on such insurance; and shall contain a
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provision which obligates the insurance carrier to notify City in
writing at least ten (10) days prior to any cancellation or
reduction in coverage of such insurance .
17 . A breach by Club of any of the terms, conditions, and
agreements contained herein shall, at the option of City and
District, be the basis for termination of this Agreement.
18 . Either City, District, or Club shall have the right to
terminate this Agreement upon thirty (30) days ' written notice to
the other parties.
19 . 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: City Manager
City of Redding
760 Parkview Avenue
Redding, California 96001-3396
TO DISTRICT: Superintentent
Shasta Union High School District
725 Cypress Avenue
Redding, California 96001-2786
TO CLUB: Enterprise Boosters Club
c/o Business Manager
Shasta Union High School District
725 Cypress Avenue
Redding, California 96001-2786 .
20 . Club agrees to pay promptly when due any and all taxes
assessed against its personal property and any possessory
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interest tax levied by reason of its occupancy of the demised
premises.
21 . It has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
CITY OF REDDING
Dated: By:
K. MAURICE JOHANNESSEN, Mayor
SHAS • • y/HOf
Dated: G
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By:
'` MAIWNN
ENTERPRISE :•OSTERS CLUB
Dated: By: -emir
By: .�
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS, City Attorney
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RESOLUTION NO. Z g -,2.0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING A LEASE OF PARKING AREA AT BENTON AIRPARK BETWEEN
THE CITY OF REDDING AND MERCY MEDICAL CENTER, 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 Lease of parking area at Benton Airpark, effective
April 1 , 1988 , between the City of Redding and Mercy Hospital of
Redding, Inc. , doing business as Mercy Medical Center, a true
copy of which is attached hereto and incorporated herein; and
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 documents , 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 2nd day of August , 1988 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, & Johannessen
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: Carter
ABSTAIN: COUNCIL MEMBERS : None
j://-- 14.,/
K.7 MAURICE JOHANNESSEN, Mayor
City of Redding
ATTEST: FO PPROVED:
722,2
ETHEL A. NICHOLS , City Clerk RA .DALL A. HAYS , ity Attorney t"
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LEASE
THIS AGREEMENT, effective the 1st day of April, 1988 , is
made and entered into by and between the CITY OF REDDING, a
Municipal Corporation and General Law City of the State of
California, hereinafter referred to as "City, " and MERCY HOSPITAL
OF REDDING, INC. , DOING BUSINESS AS MERCY MEDICAL CENTER, a
California Corporation, hereinafter referred to as Mercy.
WITNESSET H:
WHEREAS, City owns and maintains Benton Airpark, an aircraft
facility located in the City of Redding, County of Shasta, State
of California; and
WHEREAS, Mercy desires to lease certain ground area at said
Airport for automobile parking purposes, namely 101 parking
spaces as shown on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, Mercy has applied to the City Council of the City
of Redding for a lease to carry on its non-commercial activities
on said Airport ground area, in accordance with Section 3 .08 .030
of the Redding Municipal Code and City Council Resolution No.
2978; and
WHEREAS, the City Council, in accordance with Resolution No.
2978 , has determined that the proposed activities are compatible
with the Master Plan of the Airport, and that the best interests
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of the City and the public will be served by approval of the
application to carry on these activities; and
WHEREAS, Mercy has indicated a willingness and ability to
stripe the pavement of said parking lot, and to properly keep and
maintain said ground area in accordance with the standards
established bythe City,y, if granted a lease thereof; and to
contract out and pay for the installation of a southerly public
access road--to be designed by the City--to said parking area
within six (6) months from the date hereof; and
WHEREAS, Mercy desires to obtain and avail itself of the
privileges, rights, uses, and interests therein and herein; and
WHEREAS, City deems it advantageous to itself and to the
operation of said Airport to demise and lease said ground area,
together with said privileges, rights, uses, and interests
therein, as hereinafter set forth; and
WHEREAS, it has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1 . Term. City, for and in consideration of the covenants,
conditions, and agreements herein set forth to be kept and
performed by Mercy, does hereby grant, demise, and lease unto
Mercy, subject to all of the conditions, covenants, terms, and
agreements hereinafter set forth, those certain premises for
automobile parking spaces as the same are depicted in Exhibit "A"
attached hereto and incorporated herein by reference for all
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purposes (hereinafter referred to as premises) , for a term of two
(2) years commencing April 1 , 1988 , and terminating March 31 ,
1990 .
Provided City has no other use for said land, and provided
Mercy is not in default under the terms of this Lease, Mercy
shall have the option to renew this Lease for additional one-year
periods on the same terms and conditions as contained herein,
with the exception of the monthly rental and insurance require-
ments which may change, by giving written notice to City of its
intention to renew sixty (60) days prior to the termination of
the initial two-year term of this Lease, or the termination of
each renewal year thereafter. If City desires to increase the
rental fee hereunder or the insurance requirements after the
expiration of the initial two-year term of this Lease, it shall
give Mercy thirty (30) days ' prior written notice of such
increase or change.
2 . Rental. Subject to the provision for an increase in
rent as set forth in paragraph 1 hereof, Mercy shall pay to City
as rent for the demised premises the sum of Five Hundred Five
Dollars ($505 . 00) per month payable monthly, in advance,
commencing April 1 , 1988 , and continuing thereafter on the first
day of each and every month throughout the term of this Lease, or
anv renewal thereof.
3 . Use of Premises . The ground area hereby leased shall be
used by Mercy for automobile parking purposes only, and for no
other purpose. As further consideration for this Lease, Mercy
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agrees to forthwith stripe the pavement of said parking lot in
accordance with the design of the parking spaces as shown on
Exhibit "A" attached hereto.
4 . Airport Facilities . Nothing herein contained shall be
construed as entitling Mercy to the exclusive use of any
services, facilities, or property rights at said Airport, except
the parking spaces granted under this Lease as depicted in
Exhibit "A" attached hereto.
5 . Maintenance and Repairs. Mercy shall, at its sole cost
and expense, keep and maintain said ground area and all improve-
ments and appurtenances, and every part thereof, in good and
sanitary order, condition, and repair, hereby waiving all right
to make repairs at the expense of City as provided in Section
1942 of the Civil Code of the State of California, and all rights
provided for by Section 1941 of said Civil Code.
6 . Alterations and Additions . Mercy shall not make any
alterations to or erect any structures or improvements on the
leased ground area without the prior written consent of City.
Any alterations or additions approved by City shall be
constructed at the sole expense of Mercy, and upon termination of
this Lease or any renewal thereof shall become the sole property
of City.
7 . Signs . Mercy may, at its expense, erect such signs on
the premises as are approved by the Director of Airports of City.
No other signs whatsoever shall be erected upon the property,
which is the subject of this Lease.
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8 . Unlawful Use. No building, structure, or improvement of
any kind shall be erected, placed uponi operated, or maintained
on the leased area, nor shall any business or operation be
conducted or carried on therein or thereon in violation of any
ordinance, law, statute, bylaw, order, or rule of the govern-
mental agency having Y jurisdiction over said Airport, of which the
demised premises forms a part.
9 . Waste; Quiet Conduct. Mercy shall not commit or suffer
to be committed any waste upon said area or improvements, nor any
nuisance or other act or thing which may disturb the quiet
enjoyment of the use of said Airport or surrounding property by
City and others.
10 . Rules and Regulations . Mercy agrees to observe and obey
all rules and regulations promulgated and enforced by City and
any other appropriate authority having jurisdiction over said
Airport during the term of this Lease, or any renewal thereof.
11 . Insurance. This Lease is granted upon the express
condition that City shall be free from any and all liability and
claims for damages for personal injury, death, or property damage
in any way connected with the activities of Mercy at said
Airport, including claims of Mercy, its officers, agents, and
employees . Mercy hereby covenants and agrees to indemnify and
save harmless City, its officers, agents, and employees, from any
and all liability, loss, cost, or obligation on account of or
arising out of any such injury, death, or loss caused by the
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negligence or other legal fault of Mercy or its officers, agents,
and employees .
It is agreed by Mercy, and is understood and agreed as a
condition of this Lease, that Mercy will name and keep the City
of Redding, its officers, agents, and employees, as additional
beneficiaries under its self-insurance trust at all times during
the term of this Lease, or any renewal thereof, at its sole cost
and expense; and that a certificate of insurance evidencing such
coverage shall be approved by the Risk Manager of City and filed
with the City Clerk of City prior to the first usage of the
demised premises under this Lease Agreement.
12 . Inspection and Notice. Insofar as the same may be
necessary for the protection of City' s rights, City or its agents
shall at any and all times have the right to enter upon and
inspect the ground area hereby leased and, if applicable in the
future, any and every structure or improvement erected or
constructed or in the course of being erected or constructed,
repaired, added to, rebuilt, or restored thereon; and also to
serve or to post and keep posted thereon, or on any part thereof,
any notices provided for in Section 3129 of the Civil Code of the
State of California, or any other section of the Civil Code of
the State of California, or any other notice or notices that may
at any time be required or permitted by law.
13 . Assignment or Subletting. Mercy shall not assign this
Lease or anyinterest
therein, and shall not sublet the demised
premises or any part thereof, or any right or privilege
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appurtenant thereto, nor suffer any other person (agents and
employees of City excepted) to occupy or use the demised premises
or any portion thereof without the written consent of City first
had and obtained. A consent by City to one assignment,
subletting, occupancy, or use by another party shall not ' be
deemed to be a consent to any subsequent assignment, subletting,
occupancy, or use by another person or entity. Any such assign-
ment, subletting, occupancy, or use by another person or entity
without such consent by City shall be void and shall, at the
option of City, terminate this Lease. This Lease shall not, nor
shall any interest therein, be assigned as to the interest of
Mercy, by operation of law, without the written consent of City.
City agrees that it will not arbitrarily or capriciously withhold
its consent required hereunder.
14 . Construction of Public Access Roadway. As an express
consideration for the execution of this Lease by City, Mercy
expressly agrees to contract out and pay for the installation of
a southerly public access road--to be designed by City--to said
parking area, to be completed on or before September 30 , 1988 .
The location of said public access roadway, connecting the
parking lot to Airpark Drive, is shown on the southerly portion
of the demised premises in Exhibit "A" attached hereto.
15 . Mechanics ' Liens. Mercy shall keep the demised premises
free from any liens arising out of any work performed, material
furnished, or obligations incurred by Mercy.
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16 . Breach. Upon written notice from City to Mercy that
Mercy is committing a material breach of a term or condition of
this Lease, Mercy shall forthwith cure such breach. In the event
that Mercy has not cured such breach of a term or condition of
this Lease within thirty (30) days following the mailing of such
written notice to Mercy by City, City shall have the right to
enter and take over the demised premises and exclude Mercy
therefrom. This right shall be in addition to any and all other
rights possessed by City under the laws of the State of
California relating to landlord and tenant.
17 . Bankruptcy and Insolvency. If Mercy shall be adjudged
bankrupt, either by voluntary or involuntary proceedings, or if
Mercy shall be the subject of any proceeding to stay the
enforcement of obligations against it in the form of
reorganization or otherwise under and pursuant to any existing or
future laws of the Congress of the United States, or if Mercy
shall discontinue business or fail in business, or abandon or
vacate said premises, or make an assignment for the benefit of
creditors, or if said premises should come into possession and
control of any trustee in bankruptcy, or if any receiver should
be appointed in any action or proceeding with power to take
charge, possession, control or care of said premises, City shall
have the option to forthwith terminate this Lease and re-enter
the premises and take possession thereof. In no event shall this
Lease be deemed an asset of Mercy after adjudication in
bankruptcy.
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18 . Notice. 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 OF REDDING at 760
Parkview Avenue, Redding, California 96001-3396; and to MERCY
HOSPITAL OF REDDING, INC. , DBA MERCY MEDICAL CENTER, at Post
Office Box 6009 , Redding, California 96009-6009.
19 . Taxes. If applicable, Mercy agrees to pay promptly when
due any and all taxes assessed against its personal property and
any possessory interest tax levied by reason of its occupancy of
the demised premises.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day and year set forth below.
CITY OF REDDING
Dated: , 1988 By:
K. MAURICE JOHANNESSEN, Mayor
MERCY HOSPITAL OF REDDING, INC. ,
DBA MERCY ME'IC•L CENTER
Dated: 5/(O , 1988 By: . rte,
GEO•GE GOVIER, President
and Chief Executive Officer
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney
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