HomeMy WebLinkAboutReso. 1987-055 - Approving the agreement between the city of redding, shasta union high school district, and enterprise boosters club t , � , • � .
RESOLUTION N0. ��
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i 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 STGN 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, a true
copy of which is attached hereto and incorporated herein; and
2 . That the P�ayor of the City of Redding is hereby
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
the official seal of the City of Redding on the aforesaid
documents, when appropriate.
I HEREBY CFRTIFY that the foregoing R.esolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 2nd day of March , 1987 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl , Gard, Johannessen, & Ful ton
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Carter
ABSTAIN: COUNCIL MEMBERS: None
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LEE D. FULTON, M.D. , Mayor
City of Redding
ATTEST: ,r, ORP�I ' ROVED: �
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ETHEL A. NICHOLS, City Clerk RAN ALL A. HAYS, City Attorney �
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AGREEMENT
; THIS AGREEMENT made and entered into as of the lst day of
June , 1986 , 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" :
W I T N E S S E T H:
� 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 facilities ; 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 sta�f 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 of said
concession stand facility by Club;
i N04��, THEREFORE, IT IS riUTUP_LLY AGREED by and between the
; parties hereto as follows :
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1 . The term of this Agreement shall be two (2) years
commencing June 1 , 1986 , and terminating May 31 , 1988 .
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2 . No rental shall be paid under this Agreement.
, 3 . Club will staff and operate the concession stand,
supervising and compensating its own employees at no cost to City
or District, and coordinating hours of operation with the
Principal of Enterprise High School and the Director of Par�s and
Recreation of City.
4 . Club will furnish the necessary equipment to adecuately
operate said concession stand, and will select and 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
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 ge�d and
' sanitary order, condition and repair. City and District shall
perform ordinary exterior and interior maintenance when reauired,
but Club shall , after each use , lea��e said facility in cle�n and
sanitary condition and repair, reasonable use and wear thereof or
damage by fire, act of God or by the elements excepted. Club
shall be responsible for the care and maintenance of its own
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equipment, and neither City nor District will be liable fcr any
loss of or damage to any of Club ' s equipment. Club is
responsible for repairs to or replacement of the concessior_ 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 facilitv 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 C?ub; 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 ' notice. Trash containers and dumpsters will be provided by
, City, and containers will be emptied by Club during the period of
this Agreement.
11 . Tnis Agreement shall not be assigned by Club �o any
other perso� or organization without first securing the written
approval of City and District.
12 . C�ub 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 refresh�:ent concession 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
i Council on November 18 , 1968 .
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I 14 . District agrees to provide Workers ' Compensation
insurance for Club and its employees staffing said concession
stand, and to furnish to City a Certificate evidencing such
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15. City and its officers , agents and employees 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 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 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
' public liability insurance in the amount of $500 , 000 . 00 . 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, and shall
' name City as additional insureds on such insurance, and shall
� further contain a 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.
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18. Either District, City or Club shall have the right to
terminate this Agreement upon thirty (30) days ' written notice to
the other parties.
i 19. It has been determined that this matter is
categorically exempt from the provisions of CEQA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
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CITY OF REDDING
Dated: By:
LEE D. FULTON, M.D. , Mayor
SHASTA UNION IGH SCHOOL
; Dated: ��t5��'�J By:
By .
� ENTERPRISE BOOSTERS CLUB
Dated; By:
By:
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS , City Attorney
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