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HomeMy WebLinkAboutReso. 1987-055 - Approving the agreement between the city of redding, shasta union high school district, and enterprise boosters club t , � , • � . RESOLUTION N0. �� � 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 �� � LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: ,r, ORP�I ' ROVED: � ����� �, �.�,�'"�-�--��� � ETHEL A. NICHOLS, City Clerk RAN ALL A. HAYS, City Attorney � C�-n� �.�� �, ;� � � � � �� , - � � � � i � 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 : i 1 . The term of this Agreement shall be two (2) years commencing June 1 , 1986 , and terminating May 31 , 1988 . • ; ' : : � � � - 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 i 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. -2- • ' • • . • • � � 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 . ' -3- i � � - i � � � - _ � � � � � 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 � ; insurance. 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. ' -4- I � . � . . � : � � . i 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. i 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 -S- �