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Home My WebLink About1997-01-28 - AGENDA REPORTS - MUSIC FESTIVAL SHUTTLE SITE (2)City Manager Approv Item to be presented by: Rick Putnam CONSENT CALENDAR DATE: January 28, 1997 SUBJECT: COWBOY POETRY AND MUSIC FESTIVAL SHUTTLE SITE LEASE AGREEMENT DEPARTMENT: Parks, Recreation, and Community Services The Cowboy Poetry and Music Festival has utilized Newhall Park as the shuttle bus site for the past three years. The parking lots of the park, W. S. Hart High School, Placenta Junior High School, as well as adjoining side streets have been used as the parking locations for Festival patrons. Due to increased recreational adult and youth activities at the park and AYSO tournaments, Newhall Park is no longer a viable shuttle site for the Cowboy Poetry and Music Festival. This is due to the fact that the above mentioned activities utilize all available parking, thus leaving no substantial parking for the large volume of Festival patrons. City staff has negotiated a lease agreement for a new shuttle site with Mr. Guilford Glazer, property owner of the lot located at 13th Street and San Fernando Road, site of the original Placerita Days Festival. The property owner has agreed to lease the property to the City for $1 (one dollar). The leasing of this property will make the Festival patrons' access to Melody Ranch shorter and more convenient with the shuttle ride duration only 5-10 minutes from the new site, rather than 15-20 minutes as in the past. Due to the close proximity of.the property to the Ranch, the City will utilize less shuttle buses to transport patrons and save an estimated $6,000 from previous shuttle expenses. Public Works will be responsible to "grub and clear" the site for patron parking and shuttle bus access. As part of the lease agreement, the City must indemnify the property owner of risks associated with the property during the time period of the lease which is from February 3 to April 30, 1997. The City Attorney has reviewed and approved the lease agreement. . , U Aingeonda ate : City Council to approve the lease agreement with Mr. Guilford Glazer and indemnify the property owner of risks associated with the property during the time period of the lease and allow Public Works to "clear and grub" the property. Approved Shuttle Site Lease Agreement RP/MM:skh MOM= .��r�e City of Santa Clarita LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), is made and entered into this 13th day of. December, 1996, by and between Mr- Guilford Glazer ("OWNER") and CITY OF SANTA CLARITA ("CITY"). A description of the property which is the subject of this Lease is attached as Exhibit A to this Lease and incorporated into this Lease by this reference ("PROPERTY"). CITY desires to lease the PROPERTY from OWNER subject to the terms and conditions of this Lease. NOW, THEREFORE, the parties do agree as follows: I. TrEA4r. 1.01 CITY hereby leases the PROPERTY from OWNER subject to the terms and conditions of this Lease. II. T.EBf1 2.01 This Lease shall commence on February 3, 1997("Lease Commencement") and terminate on April 30, 1997 unless otherwise extended, canceled or terminated by mutual agreement as herein provided. III. RENT 3.Oi CITY shall pay rent of one dollar ($1.00) to OWNER upon Lease Commencement. T V . SIDE 4.01 CITY will manage, operate, maintain and regulate the PROPERTY in connection with the 1997 Cowboy Poetry and Music Festival. CITY agrees to be responsible for the rare, maintenance, operation and control of said PROPERTY during the term of this Lease. Y'[♦ •\ M U '• 5.01 The CITY shall be entitled to construct and improve the PROPERTY in the following canner: 1. Clear and grub approximately 4-10 acres of the property to be suitable to park cars and allow shuttle bus ingress and egress, in accordance with Exhibit "C" attached hereto and i^corpora..*.ed herein by this reference. The property as seen in Exhibit "C" indicates that the topography of the property is flat and level. The.City intends to clear and grub the area Identified in Exhibit "C" to make uniform for parking cars and shuttle service. 2. Remove debris from property in the area cleared for parking and shuttle services and dispose of debris off site. 3. Apply asphalt chips and or road base as needed in the travel way of the bus shuttle ingress and egress, in accordance with Exhibit "C" attached hereto and incorporated herein by this reference. If OWNER requires the CITY will remove the asphalt chips and or road base that was placed to create the bus shuttle ingress and egress prior to the conclusion of the lease agreement. S. Remove any barriers to property required for safe ingress and egress and replace at the conclusion of use of property. At time of barrier removal temporary fencing will be installed to insure the complete lockdown of property during hours where no security is in place (see item 8). At the time the barriers are replaced the temporary fencing will be removed. S. Obtain any permits that may be required. 6. The Property clearing, grubbing, and debris removal and c0m.Paction of soil to be performed within 60 days prior to actual lot usage dates of April 5 and 6, 1997. Final touch up may be required just prior to usage.dates. 7. Place directional signs where required. B. Provide security during hours of parking and shuttle operation. Saturday, April 5, 19970 from 9:00 a.m.-1:00 a.m. and Sunday, April 6, 1997, from 9:00 a.m.-8:00 p.m.. CITY spall indemnify and hold OWNER harmless in connection with such improvements as provided in Article 5: Except.as provided above CITY u.hd1 i not be responsible ible for returning the PROPERTY to its original condition upon completion of the LEASE, except a.s set forth in Exhibit "C". VI. COMPIIAN c P1rT'v LAW 6.01 CITY shall conform to and abide by all municipal and County ordinances and all state and federal law and regulations insofar as the same or any of them are applicable, and where permits or licenses are required for the operation of the 1997 Cowboy. Poetry and Music Festival or any construction authorized, the same must first be obtained from the regulatory agency having jurisdiction thereover. 7.01 The CITY agrees to indemnify, defend, and hold narmless OWNER and OWNER'S successors and assigns, and, as applicable, their respective partners, parents, subsidiaries and affiliated entities, and the respective directors, officers, agents, attorneys, and employees of each of the foregoing leach of which shall be referred to hereinafter individually as an "Indemnified Party" and collectively as the "Indemnified Parties") from and against any and all claims, demands, defense costs, liability, expense, or damages of any kind or nature arising out of or in connection with CITY'S use and/or occupancy Of the Property, or arising out of any act or omission of CITY or any of CITY'S employees, agents, contractors, representatives, patrons, guests or invitees and any third parties whatsoever in connection with.the PROPERTY and/or in connection with CITY'S use and/or occupancy of the Property. Notwithstanding the provisions of the above paragraph, CITY further agrees to assume all risk, and to indemnify, defend and hold harmless the Indemnified Parties from and against any and all claims, demands, defense costs, liability, expense, or damage of any kind or nature arising out of or in connection with damage to or. loss of any property belonging to CITY. VIII. INSURANCE 8.01 Without limiting OWNER, its trustees, officers, or employees' right to indemnification, CITY shall, at its sole expense, procure and maintain through the term of this Lease, the following insurance and under the following terms: 1. Provide a certificate of insurance for $10,000,000 naming OWNER asadditionallyinsured. IX. INDEPENDENT CONTRACTOR 9.01 This Agreement is by and between OWNER and CITY and is net intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between OWNER and CITY. X. SURRENDER 10.01 upon expiration of the term hereof, or cancellation thereof as herein provided, CITY shall vacate the PROPERTY and deliver up the PROPERTY to OWNER in good condition, ordinary wear and tear excepted. XI. INTERPRETATION ii.01 The headings hereir, contained are for convenience and reference only and are not intended to defineorlimit thn scope of any provision thereof. XII. SEVERiABILITY 12.01 If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent lurisdictior., the remaining provisions hereof shall. not be affected thereby and shall remain in full force and effect. XIII. ENTIRE A,REEM NT 13.01 This document, and Exhibit A and Exhibit C attached hereto, constitutes the entire agreement between OWNER and CITY for the use of the PROPERTY. All other agreements, promises and representation with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to provide for a complete integration within the provisions of this document, and Exhibit A attached hereto, the terms, conditions, promises and covenants relating to the use granted and the premises to be used in the conduct thereof. XIV. ZF-RMINRTTON OF LFASF 14:01 The parties may terminate this Lease by mutual written_ agreement at any time. TN WITNESS WHEREOF, CITY has executed this Lease, or caused it to be duly executed, and OWNER has executed this Lease on the day and year first written above. CITY OF SANTA CLAR'_TA ATTEST: ty Mdnaaer -- City Clerk APPROVED AS TO FORM: rd- Glazer — rad a V96 Late ` City of Santa Clarita Exhibit A AREA TO BE LEASED PER EXHIBIT A ATTACHED HERETO AND MADE A PART ::ERE OF BY REFERENCE. • tRY RE01 Rromrty Date: l09 Angeles, CA 1993.96 Parcel: 2936.001.905 399 4079 vn `• '� I ue �. III A saev _ 7 s s w i j et" lo_ a M 1 1 CP Ii. I� n g c IS( s; 0 n ' ; 4N ;I m Z 1 vl> tiz A: 3i 10O NIM NZ �— In N E1 10 is 9974 of City of Santa Clarita Ezhibit'C Typographic Map of Property Map Enlarged to 1"=100' Mapindicates property to be flat and level. City will clear and grub to make uniform surface for parking and shuttle bus operations. 1. Lined area indicates area to be utilized for clearing and grubbing to create a uniform surface area for parking cars. 2. Circle area Indicates Oak Tree location to observe Oak Tree Ordinances. 3. Half circle area indicates ingress and egress of shuttle bus 4 route on property. This area only to be maintained with asphalt chips and or road base as required. City shall remove if requested by OWNER prior to conclusion"Tlease. TOPOGRAPHIC MAP �-J CITY OF SANTA CLARITA in 9 D J O "an C 1 r38� k 1 I io k d.> 2 C