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