HomeMy WebLinkAboutReso. 1987 - 202 - Approving the lease agreement between the city of redding and the redding swim club on the concession stand 411 • .
RESOLUTION NO. �7-2 O2
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, 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
and incorporated herein; and
2. That the Mayor 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 CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 7th day of July , 1987, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST:
: FOR PPROVED:
aeiv-e,
ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, ity Attorney
t
. III III
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this 2--Q1-1-- day
of May, 1987, 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
categorically exempt from the provisions of CEQA;
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,
• • ' '
payable on or before October 1 , 1987, 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, 1987, and terminating
May 31, 1988.
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
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 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,
and City shall not be liable for any loss of or damage to any of
-2-
. .
•
Club' s equipment. Club is responsible for repairs to or replace-
ment 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 Agreement, 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. Club shall provide workers ' compensation insurance on
its employees staffing said concession stand facility, and shall
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
to person or persons, including members of Club, from any cause
or causes whatsoever in any way connected with the use of said
facility or any improvements constructed therein or thereon
-3-
•
• •
during the term of this Lease. Club shall indemnify and save
City, its officers , agents and employees , harmless from all
liability, loss, cost or obligation on account of or arising out
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
and for the benefit of City, its officers, agents and employees,
in accordance with the preceding paragraph; shall name City, its
officers, agents and employees, 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.
14 . Club shall pay any and all possessory 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.
16. 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,
-4-
• • 7 ,
postage prepaid, addressed as follows: To City at 760 Parkview
Avenue, Redding, : California 96001; and - to Club c/o Archer F.
Pugh, Post Office Box 4648 , Redding, California 96099.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day and year first above written:
CITY OF REDDING
By:
MIKE DAHL, Mayor
• REDDING SWI UB
By: (7-;:
BY: Ak . ' £!1 . _
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
-5-