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HomeMy WebLinkAboutRES NO 80-73RESOLUTION NO. 80,73 A RESOLUTION OF THE COUNCIL OFI THE CITY 0F BAKERSFIELD AUTHORIZING THE AUDITORIUM- RECREATIONMANAGER TO EXECUTE AGREEMENTS FOR PERMIT TO OCCUPY DESIGNATED PORTIONS OF THE CALIFORNIA AVENUE PARK NEIGHBORHOOD FACILITY FOR SHORT PERIODS, APPROVING THE FORM OF SUCH PERMIT, ESTABLISHING CERTAIN RENTAL RATES AND REQUIRING ANNUAL REPORT ON THE USE OF SUCH FACILITY. WHEREAS, the City of Bakersfield has the sole control, supervision and ownership of the California Avenue Park Neighborhood Facility located at 1000 South Owens Street, Bakersfield, California; and WHEREAS, pursuant to agreements, it is required that the City use the multi-purpose facility in carrying out a program of health, recreational, social or similar community services and that such facility shall be available to and for residents of the City of Bakersfield and the County of Kern, regardless of race, color, reli- gion, sex or national origin; and WHEREAS, beginning in the immediate future, the facility will be available as a multi-purpose community center; and it is determined to be reasonable and proper to permit the use of such facility by health, recreational, social or similar community service entities, organizations or districts, for such purposes, consistent with the needs of the City, as determined by the City Council, pur- suant to an agreement of permit by and between such entity,.organi- zation or district as permittee and the City of Bakersfield; and WHEREAS, it is not necessary or expedient to require that each prospective user of a portion of such facility, come before the City Council for execution of a permit; it is therefore the intent of this Resolution to empower the Auditorium-Recreation Manager or his authorized representative to execute such permits on behalf of the City Council, in accordance with the form of agreement of permit and with schedule of fees and rental charges ~et forth herein. NOW, THEREFORE, BE IT RESOLVED AND ORDERED AS FOLLOWS: 1. That the Auditorium-Recreation Manager is hereby authorized to execute,.on behalf of the City of Bakersfield, an agreement of permit by and between the City and any entity, organi- zation or district devoted to and capable of performing health, recreational, social or similar community services in the County of Kern, for a short-term use of an appropriate portion of the California Avenue Park Neighborhood Facility located at 1000 South Owens Street, Bakersfield, California. 2. That such agreement of permit shall be in substantially the same form and contain the same provisions as the form of agree- ment of permit which is attached hereto, which is incorporated into this Resolution as though fully set forth herein. 3. That the rentals or fees to be charged permittees for use of the various portions, spaces or separate facilities, shall be uniformly based on the Schedule of Fees and Rental Charges, which is attached hereto and incorporated into this Resolution as though fully set forth herein. The Auditorium-Recreation Manager or his authorized representative is authorized to calculate the rentals in accordance therewith and insert'in the form of agreement of permit. 4. That the Auditorium-Recreation Manager is hereby authorized to establish the term of each lease, which term shall not exceed seven days; the Auditorium-Recreation Manager may grant renewals in accordance with this Resolution, which renewals shall be for any term not exceeding seven days. 5. That the Auditorium-Recreation Manager is authorized to require reasonable special conditions in the agreement of permit which conditions shall be consistent with law, all relevant agreements to which the City is a party, and with City regulations and rules and regulations promulgated for the operation and maintenance of the facility. Such special conditions may be inserted at Paragraph XXIII of the form of agreement of permit approved and adopted herein. 6. That the Auditorium-Recreation Manager shall, one (1) year from the execution of the first agreement of permit authorized hereby, and once a year thereafter, or sooner if requested by the City Council, render a full written report to the City Council, on all transactions authorized by this Resolution. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 1st day of October, 1973, by the follow- ing vote: r't,Y'ES: COUNCILMEN' BLEECKER, H~IS~'Y, MEDDERS, ROGERS, STRONG, THOMAS, WI IITTEMORE NOES: COUNCILMEN: ""~ ~BSTAINING COUNCIE~EN: ~ · · LE rk of the Council of the City of Bakersfield APPROVED this-~lst d o Oc ober, 1973 ~"~ rsfield APPROVED as to form: CITY ATTORNEY AGREEMENT FOR PERMIT FOR SHORT-TERM USE OF DESIGNATED PORTION OF CALIFORNIA AVENUE PARK NEIGHBORHOO.D~.FACILITY (AUTHORIZED BY RESOLUTION NO. ). THIS AGREEMENT FOR PERMIT, made and entered into this day of , 197 , by and between the CITY OF BAKERSFIELD, a municipal corporation, State of California, herein- after called the "City," and a as the "Permittee." , located at , hereinafter referred to WHEREAS, the City has the sole control, supervision and ownership of the California Avenue Park Neighborhood Facility ("Facility"), located at 1000 South Owens Street, Bakersfield, California, constructed by the City with certain federal financial assistance under Section 703 of the Housing and Urban Development Act of 1965; and WHEREAS, the County of Kern by agreement with the City has also made a certain financial contribution to the City to assist the City to meet the nonfederal share of the development cost of the facility; and WHEREAS, it is required by law and agreement, that the City use the multi-purpose facility in carrying out a program of health, recreational, social or similar co~unity services and that such facility shall be available to and for residents of the City of Bakersfield and the County of Kern, regardless of race, color, reli- gion, sex or national origin, and that no fees or charges will be made to the individual users of the facility for the services and benefits provided, except in accordance with the regulations of the Secretary of Housing and Urban Development. WITNESSETH: That the City, for and in consideration of the terms', conditions and covenants hereinafter expressed, does hereby permit the above-named permittee to use that portion or space of the Facility designated, delineated or described below during the time and at the rates of rental, as follows: Space Multi-purpose Room Meeting Room Bay Care and Nursery Home Economics and Work Training Room Men's Locker Women's Locker Office Number Swimming Pool Concourse Patio No. of Rate Per Dates Days Hours Day Total Set up: ( ) Beginning , 197_ at .m. ) Beginning , 197 at .m. Open to Public: Beginning , 197_ at Ending , 197_ at .m. Removal: Beginning , 197_ at .m. Ending , 197_ at .m. TO HAVE AND TO HOLD, subject to all applicable City law and regulations, all applicable agreements affecting the facility and all applicable state and federal laws and regulations, including improvements and appurtenances located within such designated portion of the facility, unless otherwise stated, for the total rent or sum in lawful money of the United States of America, payable as follows: The sum of $ payable on the day of , 197 , at the office of the Finance Director of the City, 1501 Truxtun Avenue; or (as an alternative) The sum of $ , or % of the gross receipts, after deduction of federal taxes, whichever is the greater, on the day of , 197 , at the office of the Finance Director of the City, 1501 Truxtun Avenue. If said rental is not paid on the day specified in this paragraph, it is agreed that any box office receipts may be applied to the payment of said rental and permittee waives all rights to that portion of the receipts necessary to pay said rental. The City shall have the right to count all unsold tickets after each event, and Permittee shall furnish the City a complete box office state- ment after each event. It is further mutually agreed as follows: I Purpose--Non-Discrimination The portion of the facility above designated shall be used during the term of this permit, for the fsole purpose of carrying out a program of health, recreational, social or similar community services. Permittee agrees that such use shall be avail- able to residents of the City of Bakersfield and the County of Kern, regardless of race, color, religion, sex or national origin, and that no fees or charges will be made to the individual recipients or users of the said portion of the facility, for services and benefits provided, except in accordance with the regulations of the Secretary of Housing and Urban Development. II Extra Labor Where required by the City, Permittee shall furnish all necessary labor necessitated by Permittee's use of the aforesaid facilities, including but not limited to stagehands, ticket sellers, ticket takers, ushers and guards. Permittee, when required by City, shall employ an adequate number of personal attendants who must be removed from such service immediately upon notice to Permittee by the City that he is deemed to be unsatisfactory for such service. III Signs and Posters Permittee shall not do, or permit to be done, upon said premises, anything that will tend to injure, mar Or in any manner deface said facility, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws into any part of the facility building, and will not make or allow to be made, any alterations of whatsoever kind to said building or any equipment or facilities thereof. Permittee shall not post or exhibit, or allow to be posted or exhibited, any signs, advertise- ments, show bills, lithographs, posters or cards of any description on any part of the premises of facility, except such as are specifically approved by the City. IV Seating Capacity It is agreed that Permittee shall not sell or distribute, or permit to be sold or distributed, tickets or passes in excess of the seating or other capacity of the rented portion of the facility. City reserves the right to a reasonable number of passes to the event as required and without charge. V Objectionable Persons The City also hereby reserves the right to eject or cause to be ejected from the premises any objectionable person or persons; and neither the City nor any of its officers, agents or employees shall be liable to Permittee for any damages that may be sustained by Permittee through the exercise by the City of such right. VI Handling Funds In the event that the City, through its officers, agents or employees, handles, controls, or keeps any funds in connection with any event sponsored by Permittee, whether the same are received through the use of a box office or otherwise, it is understood that the City is acting for the accomodation of Permittee, and as to such funds, the City shall not be liable to Permittee or to any other person for any loss, theft or defalcation thereof, whether such loss, theft or defalcation is caused or done by officers, agents, or employees of City or otherwise; nor shall any officer, agent or employee of City be liable for any loss, theft or defalcation of such funds unless he willfully caused or permitted the same or unless it was proximately caused by his own gross negligence. VII Broadcasting No performance or event presented in the facility shall be broadcast or televised, or in any manner recorded for reproduction, without the written consent of the Auditorium-Recreation Manager of City, and then only upon the express condition that all expenses pertaining thereto will be paid in advance by Permittee. VIII Flammable Materials No flammable materials such as bunting, tissue paper, crepe paper, etc. will be permitted to be used for decorations; and all materials used for decorative purposes must be treated with flame-proofing and approved by the Fire'Department of City. IX Occupancy Disruption It is agreed that in case the facility or any part there- of shall be destroyed or damaged ~y fire or any other cause, or if any other casualty or unforeseen occurrence shall render the ful- fillment of this permit impossible, including, without limitation, the lawful requisitioning of the premises by any government in the United States or any arm or instrumentality thereof, or by reason of labor dispute, then and thereupon this permit shall terminate and the Permittee shall pay rental for said premises only up to the time of such termination, at the rate herein specified, and the Permittee hereby waives any claim for damages or compensation should this permit be so terminated. X Lost Articles The Auditorium-Recreation Manager or his representative shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, event, exhibition or entertainment given or held in the premises, and the Permittee or any person associated with Permittee shall not collect nor interfere with the collection or custody of such articles. XI Inspection of Premises The Permittee agrees and represents that the authorized agents have fully inspected and examined the described premises and all appurtenances and improvements located therein, and hereby accepts them in their present condition. XII Waiver of Civil Code Provision It is agreed that the Permittee waives all rights under Section 1942 of the California Civil Code relating to repairs by a lessee. XIII Maintenance The City shall be responsible for the normal, routine maintenance of the facility, including the space covered by this permit. XIV Alterations--Waste The Permittee shall not make any alterations in the facility or any part thereof without the written consent of the City and shall not commit or suffer to be committed any waste upon said premises and shall strictly supervise all activities.carried on at the facility to avoid such waste or damage of any kind. XV No Sub-lease or Assignment The Permittee shall not let or sublet the whole or any part of the premises, nor sell or assign this permit, either voluntarily or by operation of law, nor allow said property to be occupied by anyone contrary to the terms and conditions hereof, without the written consent of the City. XVI Access .to Space Covered by Permit The Permittee shall allow the City's authorized officers or employees access to the space covered by this permit at all reasonable hours, for the purpose of examining and inspecting said premises and all appurtenances and improvements therein, for purposes necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its governmental functions. XVII Utilities The City shall furnish electricity, gas and water necessarily used by the Permittee on the premises. XVIII Re-entry In the event that full rental is not paid to City when due or in the event the Permittee defaults in any of the terms, conditions or covenants contained herein, the City, by its authorized officers or employees, may re-enter the premises and remove all persons therefrom. XIX Waivers Not Vitiate Any Agreements It is understood and agreed that the waiver, by the City of any covenant, term or condition herein contained, shall not vitiate the same. XX Quiet Enjoyment The City. does hereby agree with the Permittee that Permittee, keeping and performing the covenants, terms and conditions herein contained on the part of the Permittee to be kept and per- formed, shall at all times during the said term peaceably and quietly have, hold and enjoy the premises without hindrance from the City. XXI Costs if Action Brought In the event the City is compelled to commence or sus- tain an action or suit to collect said rent or parts thereof or to dispossess the Permittee or to recover possession of the premises, the Permittee agrees to and shall pay all costs in connection there- with to the City, including a reasonable attorney's fee. XXII Surrender The Permittee will peaceably and quietly leave, surrender and yield up to the City at the end of the term of permit, all and singular the space covered by this permit, in good order, reasonable use thereof and damage by circumstances over which the Permittee has no control, excepted. XXIII Special Conditions It is mutually understood and agreed by and between the parties hereto as follows: (use extra sheet if necessary) IN WITNESS WHEREOF, this agreement for permit has been executed by the parties hereto as of the date first-above written and the City, by order of the City Council of the City of Bakers- field, pursuant to ResOlution No. , has caused the same to be executed by the Auditorium-Recreation Manager or his authorized representative, and the Permittee has caused the same to be executed by its duly appointed and authorized agent. APPROVED AS TO FORM: CITY ATT6RNEY City of Bakersfield COUNTERSIGNED: FINANCE DIRECTOR 'City of Bakersfield PERMITTOR: CITY OF BAKERSFIELD By Authorized Agent PERMITTEE: By Authorized Agent 10. · .SCHEDULE OF FEES AND RENTAL CHARGES Offices All office rental includes all services' except telephone 29'cents per square foot for one month 1/4 x 29 cents per square foot for one week 1/2 (1/4 x 29 cents per square foot) for one full day minimum Swimming Pool 1 - 50 persons, $20 for 2 hours 51 - 100 persons, $25 for 2 hours $5 for.each additional 50 persons Concourse Patio Separate $15; with pool, $5 in addition to swimming pool rental. Kitchen Banquet use'- $10 first hour, $5 each additional hour. deposit $25. $25 monthly with day care.' C leaning Home Economics and Work Training Room 29 cents per square foot base - for each section '$243/month x 2 for entire room $60/week $13/day $1.50/hour Day Care Center and Nursery 29 cents per square foot, $485 monthly basis only Multi-Purpose Room On a 29 cents per square foot base $2,095/month $524/week $105/day .$10/hour Dancing and uses other than athletics, $20 first hour, $10 each additional hour. Public services 20% of the gross. Fees and.Rental Charges Cont'd. Meeting Room No. Section $335/m0nth $84/week $17/day $1.50/hour So. Section $460/month $115/week $23/day $2.00/hour Ball Diamond Lights $5.00 for two hours, $2.50 for each additional hour