58R-4672
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RESOLUTION NO. 4672
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A RESOLUT10N OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY OF ANAHEIM TO ENTER
INTO A LEASE WITH ORANGE COUNTY SPORTS PROMOTIONS,
HlC. FOR THE LEASING OF LA PALMA PARK STADIUM AND
FIELD FOR THE USE OF SAID ORANGE COUNTY SPORTS
PROMOTIONS, iNC. FOR PRUFESSIONAL FOOTBALL GAMES.
WHEREAS, the City of Anaheim owns and maintains those
certain parks known and designated as La Palma Park and the City
Park; and
WHEREAS, The Orange County Sports Promotions, Inc.
desires the use of the City Park softball diamond for football
practice sessions two nights a week from 6:00 P. M. to 10:00 P.M.,
beginning September 15, 1958 and ending November 22, 1958, and
the use of the west greeting at La Palma Park on Saturday after-
noons for football practice sessions during said period above
mentioned, and also desires the use of said La Palma Park for
professional football games to be played in League Play on the
following dates, in the 1958 Professional Football Season, to wit:
September 7 1958; September 14, 1958; September 21, 1958;
September 2~, 1958; October 5, 1958; October 12, 1958; October 19,
1958; October 26, 1958; November 9, 1958 and November 23, 1958; and
WHEREAS, the City Council finds that the use of said
parks by The Orange County Sports Promotions, Inc. will not con-
flict with the use of said parks by any other organization or by
the City, and that their use by said The Orange County Sports
Promotions, Inc. will be of pUblic benefit;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that an agreement be made and entered into by
the City of Anaheim with The Orange County Sports Promotions,Inc.
for the use by The Orange County Sports Promotions, Inc. of the
City Park two nights per week, such nights to be arranged by the
City of Anaheim Park and Recreation Department, and the La Palma
Park on Saturday afternoons for practice sessions as hereinabove
specified, and the right to use said La Palma Park and stadium for
professional football league games on the following dates, to wit:
September 7, 1958; September 14, 1958; September 21, 1958; Septem-
ber 28, 1958; October 5, 1958; October 12, 1958; October 19, 1958,
October 26, 1958; November 9, 1958 and November 23, 1958, upon the
following terms and conditions:
1. Conditions of Use!
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(a) The lining of the field. changing locations of
goal posts, setting out line markers, roping off playing area,
etc. shall be handled by the Park and Recreation Department of
the City of Anaheim.
(b) The Park and Recreation Department of the City of
Anaheim shall have a field man present at all ball games.
(c) A locker room attendant shall be provided by The
Orange County Sports Promotions, Inc.
(d) Clean-up: All clean-up shall be handled by
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The Orange County Sports Promotions, Inc.-- that is, clean-up
of stands, playing field, concession area, parkways adjacent
to stand, locker rooms, press box, and/or any other facility
used in connection with any football game of The Orange County
Sports Promotions, Inc.
2. Consideration:
The Orange County Sports Promotions, Inc. shall pay
the City of Anaheim as rental for the use of said La Palma Park
and stadium for each game played, the following amounts:
(a) The sum of $100.00 as a guaranteed minimum pay-
ment for each game played, which amount shall be due and payable
not later than 48 hours prior to such scheduled game.
(b) A sum equal to 10% of the gross receipts in excess
of $4,000.00 for each and every game played, based on the season's
average.
(c) The Orange County Sports Promotions, Inc. shall
keep accurate and separate records of all concession receipts,
all advance ticket sales, all r eceiptlll at the gate, and all free
admissions for each and every game played at La Palma Park, and
such records shall be available for inspection by the City of
Anaheim. Acceptance of any amount tendered by The Orange County
Sports Promotions, Inc. for rental shall not operate as an estoppal
or waiver by the City of Anaheim to claim additional sums, if in-
vestigation by the City of Anaheim indicates additional sums are
due under the rental agreement.
3. Police Patrol:
The Orange County Sports Promotions, Inc. shall provide
adequate police patrol for each game and during the use of said
facilities, at the sole cost and expense of The Orange County Sports
Promotions, Inc.
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4. Insurance:
The Orange County Sports Promotions, Inc. shall carry
property damage insurance in the sum of $50,000.00; public liability
insurance in the sums of $100,000.00 and $500,000.00; and compensa-
tion insurance satisfactory to the City of Anaheim, all in companies
satisfactory to the City of Anaheim, during said rental period.
5. Other Conditions:
(a) Should rain or other conditions prevail, 80 that
the playing of the game would cause excessive wear and tear on
the field, the City of Anaheim may, because of such condition or
conditions, cancel any or all of the scheduled dates of the use
of the park, four (4) hours before game time, when such conditions
prevail. The City of Anaheim, through its Director of Parks and
Recreation, or his representative, shall determine when conditions
prevail as aforesaid, and such determination of the City of Anaheim
shall be conclusive. The cancellation of any or all games, as above
8et forth, by the City of Anaheim shall not be deemed to incur any
liability whatsoever on the City of Anaheim by reason of such can-
cellation, and no cancellation of any game Shall relieve The
Orange County Sports Promotions, Inc. from any obligation except
that the rental payment for such canoeled game shall not be due
and payable.
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(b) The Orange County Sports Promotions, Inc. may
cancel any game and the use of said La Palma Park and facilities
by giving written notice to the City of Anaheim of its intention
so to do, and upon payment of liquidated damages as follows:
(1) If notice of intention to cancel any game is
served upon the City of Anaheim by The Orange County Sports
Promotions, Inc. not later than forty-eight (48) hours prior to
9:00 o'clock A.M. of the day on which such game is scheduled to
be played by The Orange County Sports Promotions, Inc., then
The Orange County Sports Promotions, Inc. shall pay the sum of
$50.00 as liquidated damages for such cancellation.
(2) If notice of intention to cancel any game and the
use of said park is served upon the City of Anaheim at any time
after forty-eight (48) hours prior to 9:00 o'clock A.M. of the
day of such seheduled game by The Orange County Sports Promotions,
Inc.,then The Orange County Sports Promotions, Inc. shall pay the
sum of $100.00 as liquidated damages for such cancellation.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK
be, and they are hereby, authorized to execute said agreement
for and on behalf of the City.
THE FOREGOING RESOLUTION is approved and signed by me
this 29th day of July, 1958.
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MA~ OF THE Y OF ANAHEIM
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. L~~F ~~lNTilELM
STATE OF CALIFORNIA
COUlITY OF ORANGE
CITY OF ANAHEIM
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at an adjourned regular meeting of the City Council held
on the 29th day of July, 1958, by the following vote of the members
thereof:
AYES ~
NOES:
COUNCILMEN: Pearson, Borden, Fry, Schutte
and Coons.
COUNCILMEN: None.
COUNCILMEN: None.
ABSENT:
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AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 29th day ot
July, 1958.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City or Anaheim this 29th day ot July,
1958.
(SEAL)
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