HomeMy WebLinkAboutReso. 1987-021 - Approving the lease agreement between the city of redding and the redding swim club on the concession stand facility at the lake redding plunge � � ' � � �
RESOLUTION NO. S?'Z J
II A RESOLUTION OF THE CITY O N I OF T E I
� C U C L H C TY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
� AND THE REDDING SWIM CLUB ON THE CONCESSION STAND FACILITY
�i� AT THE LAKE REDDING PLUNGE IN THE CLAUDE H. CALDWELL
MEMORIAL PARK, 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 Agreement between the City of Redding and
the Redding Swim Club, a true copy of which is attached hereto
i and incorporated herein; and
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��� 2 . That the Mayor of the City of Redding is hereby
I authorized and directed to sign all necessary documents 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
I the official seal of the City of Redding on the aforesaid
� documents, when appropriate.
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j I HEREBY CERTIFY that the foregoing Resolution was
j introduced and read at a regular meeting of the City Council of
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i� the City of Redding on the 2nd day of February , 1987, and
� was duly adopted at said meeting by the following vote:
, � AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen & Fulton
NOES: COUNCIL MEMBERS: None
I ABSENT: COUNCIL MEMBERS: None
�{ ABSTAIN: COUNCIL MEMBERS: None
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i; LEE D. FULTON, M.D. , Mayor
� City of Redding
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ATTEST. � FOR PPROVED:
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�� ETHEL A. NICHOLS, City Clerk RAN ALL A. HAYS, C ty Attorney �
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� i LEASE AGREEMENT
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THIS LEASE AGREEMENT made and entered into this 2 � day
of ��cP��,�jp,-, , 1986 , 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" :
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,� W I T N E S S E T H:
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'1 WHEREAS, City is the owner of a concession stand facility
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� , 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
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j� and operated as a refreshment _ concession for the past several
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�1 years , and which stand the Club wishes to operate; and
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�� WHEREAS, Club has requested of City, and City considers it
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� to be in the best interests of the City of Redding and its
I citizens to grant a one-year lease of said facility to Club for
Ithe purpose of operating a refreshment concession, subject to the
i�', terms and conditions hereinafter set forth; and
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� WHEREAS, it has been determined that this matter is cate-
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li gorically exempt from the provisions of CEQA;
� NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
I� parties hereto as follows:
, 1 . For and in consideration of the payment to City by Club
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'� ' of One Point Five percent (1 . 5�) of the gross receipts of the
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jl ' refreshment concession operations during the term of this Lease,
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� a able on or before October 1 , 1986 , and the terms and
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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
Iperiod of one (1) year commencing June l , 1986 , and terminating
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� May 31 , 1987.
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' 2 . Club shall use said facility as and for a refreshment
iconcession only, and for. no other purpose.
3 . Club will staff and operate the concession stand,
Isupervising and compensating its own employees at no cost to
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'I , City.
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1j 4 . Club shall furnish the necessary equipment to
�� adequately operate said concession stand, and will select and
i dispense only safe foods , containers and services . No glass
Ibottles or containers are to be used.
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�� ' S . Club will pay all charges for utilities furnished to
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�� said concession stand facility.
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6 . Club accepts the concession stand as being in good and
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sanitary order, condition and repair. City shall perform
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I ordinary exterior and interior maintenance when required, but
I Club shall , after each use, leave said facility in a clean and
' sanitary condition and repair, reasonable use and wear thereof or
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i damage by fire , act of God or the elements excepted. Club shall
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, 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
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I� vandalism or misuse.
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i'; 7 . Any alterations or improvements to said facility shall
!' first require the written approval of City, and shall be at
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I Club' s sole cost and expense.
8 . This Lease shall not be assigned by Club without first
�� securing the written approval of City.
i% 9 . Club shall keep accurate records of costs and expenses ,
''y income and revenues, and shall file a financial statement with
�� City on or before December 31st of each year during the term of
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+� this Agreement, or any extensions hereof.
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10 . The net revenues accruing to Club from the operation of
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the refreshment concession within the demised facility shall be
�� expended only in accordance with the proviszons of Paragraph 2 (b)
�� of Resolution No. 4148 of the City Council of the City of Redding
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as adopted by said Council on November 18 , 1968 .
11 . Club shall provide workers ' compensation insurance on
its employees staffing said concession stand facility, and shall
I�i� furnish City with a certificate evidencing such insurance.
�� 12 . City, its officers, agents and employees, shall be free
�� from all liability and claims for damages by reason of any injury
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1 to person or persons, including members of Club, from any cause
� or causes whatsoever in any way connected with the use of said
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� , facility or any improvements constructed therein or thereon
�� during the term of this Lease. Club shall indemnify and save
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; City, its officers , agents and employees, harmless from all
��i liabilit , loss, cost or obli ation on account of or arisin out
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i� of any such injury or loss, however occurring.
13. Club shall furnish to City certificates evidencing
; public liability insurance in the amount of $500 , 000 . Such
��� , insurance shall contain a hold harmless provision on behalf of
I� ' and for the benefit of City, its officers , agents and employees ,
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II in accordance with the preceding paragraph; shall name City, its
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officers , agents and employees , as additional insureds on such
' insurance; and shall further contain a provision which obligates
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� the insurance carrier to notify City in writing at least ten (10)
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il' days prior to any cancellation or reduction in coverage of such
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� insurance.
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'i 14 . Club shall pay any and all possessory interest taxes
I� , which may be levied by the Shasta County Assessor against Club
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;� ; arising out of its use of the demised facility.
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�� 15. A breach by Club of any of the terms, conditions and
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;� agreements contained in this Lease shall, at the option of City,
� be a basis for termination of this Lease.
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IN WITNESS WHEREOF, the parties hereto have executed this
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I� , Lease Agreement on the day and year first above written.
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I CITY OF REDDING
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��� By:
LEE D. FULTON, M.D. , Mayor
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; REDDING $� CLUB
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�� By: , ,�C�,"�
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i� ATTEST:
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;I� ETHEL A. NICHOLS , City Clerk
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i�� FORM APPROVED:
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� RANDALL A. HAYS , City Attorney
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