1961-6880RESOLUTION NO. 6880
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH ANAHEIM
UNION HIGH SCHOOL DISTRICT AMENDING THE
"LEASE OF FACILITIES" ENTERED INTO BY THE
CITY OF ANAHEIM AND ANAHEIM UNION HIGH
SCHOOL DISTRICT ON MARCH 21, 1956, RELATING
TO THE LA. PALWA STADIUM FACILITIES.
Acc't Officer
WHEREAS, the City of Anaheim, as Lessor, and the
Anaheim Union High School District, as Lessee, did heretofore,
to wit, on March 21, 1956, enter into a "Lease of Facilities"
for the use of the La Palma Stadium facilities; and
WHEREAS, said lease given and granted to the Anaheim
Union High School District by the City is not an exclusive use
of said facilities, but is a joint use with the City whereby
said Anaheim Union High School District has certain rights of
use of said facilities; and
WHEREAS, certain ambiguity exists in the provisions
of said lease as to specific rights of use of the facilities
by the Anaheim Union High School District and the City; and
WHEREAS, under the terms of said lease the Anaheim
Union High School District is granted an option, at the ex-
piration of ten years, to renew said lease, but the terms of
renewal are indefinite; and
WHEREAS, the joint use of the La Palma facilities
by the City of Anaheim and the Anaheim Union High School Dis-
trict has proven to be a saving to the taxpayers of the City
of Anaheim and the Anaheim Union High School District; and
WHEREAS, the City of Anaheim and said High School
District, in order to clarify any ambiguity now existing in
the provisions of said lease, desire to enter into an agree-
ment amending said "Lease of Facilities," dated March 21, 1956;
and
WHEREAS, a form of agreement amending said "Lease
of Facilities," has this day been presented to the City Council
for approval, a copy of which agreement is attached hereto
and made a part hereof; and
WHEREAS, the City Council finds that said agreement
would be for the benefit and best interest of the citizens
and residents of the City of Anaheim and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the agreement this day submitted
to the City Council, to be made and entered into by and between
the City of Anaheim and the Anaheim Union High School District,
amending that certain "Lease of Facilities" entered into on
March 21, 1956, by the. City of Anaheim and said High School
District, a copy of which agreement is attached hereto and
made a part hereof, be, and the same is hereby, approved.
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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 of Anaheim.
THE FOREGOING RESOLUTION is approved and signed
by me this 9th day of May 1961.
ATTEST:
CITY CLERK OF THE CI T OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
MAYOR
C
F 7T-IE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution was
passed and adopted at a regular meeting of the City Council
held on the 9th day of May 1961, by the fol-
lowing vote of the members thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson
and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City
of Anaheim approved and signed said resolution on the 9th
day of May 1961.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 9th day of
May 1961.
(SEAL)
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CLERK OF E CI 01' ANAHEIM
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and
AGREEMENT AMEHDINO "LEASE OF FACILITIES" ENTERED
INTO SY THE CITY OF.ANAHELM AND THE ANAHEIM UNION
HIGH SCHOOL DISTRICT ON MARCH 21, 1956.
WHEREAS, a lease of the La Palma Stadium Facilities
41 was entered into on the L.Ist day of March, 1956, and has remained
5 in full force and effect since said date and is now in full force
6 and affect; and
7 WHEREAS, said lease is a non-exclusive lease whereby
tl the Anaheim Union High School District has certain rights
9 use of said facilities; and
WHEREAS, certain ambiguity exists in the provisions
of said lease as to the specific rights of use of the facilities
12 by the Anaheim Union High School District and the City; and
WHEREAS, under said lea the Allahelm Union High School
District is granted an option at the expiration of ten (10)
15 0 years to reeve said lease but the terms of renewal are indefinite;
WHEREAS, the City and the Anaheim Union High School
District have operated under said lease for a period in excess
19 of four yeare with friendly' end mutual relations of trust and
20 understanding; and
WXA5 the joint use of the La Palm,. Facility by
22 the City and the Anaheim Union High School District hat prceen
to be a savings to the taxpayers in the City of Anaheim and in
24 the Anaheim Union High School District;
25 NOW, THEREFORE, in order to clerify any ambiouity re-
garding the previsions s of the lease dealino with the specific
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27 use of the facilities by Anaheim Union High Srhool District
28 End in order further to clarify the renewal optien, paragraph 2
29 and paragraph 3 of said %cage of Facilities* tntered inte OA
30 the 21st dsty of March, 1956, are hereby amended, and there *hall
31 be added thereto an additional paragraph, reading es folio
32 2. It 13 further understood and agreed by and
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between the Lessee and Lessor herein that the use of
said facilities given and granted to the Anaheim Union
High School District by said Lessor is not an exclusive
use but is to be a joint use with the City of Anaheim
under the following provisions:
a. The City shall have the priority of right
to schedule the Anaheim Halloween Celebration in
said facility and two other City -wide events
should the City so desire. But other than the
Anaheim Halloween Celebration, these two City-
wide events shall not conflict with the high
school football schedule.
b. Subject to the above-mentioned priority
of use by the City, the Anaheim Union High School
District shell have the priority of scheduling
football games to be played in said facility for
not to exceed twenty -seven (27) regular night
games per year plus league play -off chFdu es.
(League play schedules shall he scheduled
each year, but in the event the Anaheir. U; ton
High School District is not in the play f,
suci' schedule shall be cancelled and u h 4ched-
uled date made available to tee City -e
earliest possible tame.)
c. in addlt!on tc the prlcrity set forth
in subparagraph b above, the Anaheim Union High
School District•shall have a priority right to
schedule graduation exercises in said facility
for each High School In said District.
ci. in addition to the use specified in
subparagraphs b and c, above, the Anaheim Union
High School District shall also 1:c entitled to
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12 Pi Stiti m facility es adopted by R s lution
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use tIle fcL1ity during the daythse for major
baseball games, tournaments or trach meets and
shall be allowed a priority schedule for not to
exceed ten (10) days of such priority use. Maxi-
multi use nf the fci1Ity for:7e
tournamtnts and trackmeeti shall not exceed
twenty (20) times in any year and, except as to
the priority for ten (10) daya of use before
set forth, the schedule of use for such events
shall be In accordance with the normal procedure
set forth In CL Policy for use of the Le
N. ELi45 or any mnencent s or changes thereto
except that no charge will be made for such use
except aa provided In this lease.
e. In order to preserve the priority rigt
nf scheduled use, the Anaheim Union High School
District will furni'&11 to the City Recreation De-
partment, City of Anahein, a scedule of dates
when the facility will be used for the activities
set forth in subparagraphs b, (7 and d, atove,
each year during the continuance of this lease,
as follow$; January 15, all cvents U-an
football or Vile yea: next succeedirlg;
April 1, for the sts next succeeding.
f It the prcpo5cd scheritile 7,! events of
the Anaheim Union Hicb Schnl District conflicts
with the proposed tchedA.It of events of the City
which have priority as t,at forth in subparagraph
t, above, ten the Dttrtct shill be informed in
writirc, ty the (t of Anaheim of s..ch fact
within twenty (2,0) eays after receipt of the
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proposed District schedule and the Dietrict *hall
be allowed twenty (20) days to reschedule the
conflicting District events, and notify the
City in writing. Afttr resubmission in the event
of conflict, or upon original submiasi if no
conflict, the schedule of events of the Aneheim
Union High School District shall be established
as firm schedule of use under this lease and
shall not be subjtct to alteration or cancellation
by the City except upon agreement by the Anaheim
Union High Scheol District except as provided
in paragraph g hereof.
g. Any scheduled use of the facility covered
under this lease shall be subject to cancellation
In the event that rain or other elements have
cauaed a condition sec that holding of the
event would cause serious 4 age to thm turf
maintenance program. In the event of such can-
cellatlon of any Anaheim Union High Scheel Dis-
trict event which has priority under this lease,
that eescheduling of such event *hall have priority
se to army on dates then existing in the sehed-
uled use of ter facility, but the reschedule of
such .event shell not have such priority as to
require cencelletien of any event which has been
confirmed as echedeled for a specific date.
h. in addition to the specific 1 .464 of the
facility ee before set forth, the Anaheim Union
High Scheel District shall be allowed to use
the facility in conjunctien with their physical
eduhatiee program withoet cost when a d use
does not ceeflict with the ese of the facilities
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for any echeduled activity and does not conflict
with the turf management program. The use of the
facility under this subparegraph shall not be con
sidered a scheduled activity and such use may he
cancelled at any ti for any proposed scheduled
use of the facility or because of any probl
with turf management. No admission charge may
8 be made in connection with the use of the facili-
9 ties ander this provision and no operation. of
10 conceesions shall be allowed in connection with
11 the use under this provision.
12 1 i. in connection with the use of the fectli-
13 ties by the Lessee, cpt as pccifted in sub-
14 1 paragraph h, the Anahel Union High School District
15 i hall have the full right to operate concessions
16 for saie of food, beverages, and notiens,of any
17 sort and shall have the right to es, any and all
18 concession facilities installed at the stadium
19 withoet the payment of any additional charges or
20 fees than the lease payment herein set forth,
21 provided, however, that all such concessions rust
22 be operated hy personnel of the Anaheim Union
23 High Schol District or by student or adult mem-
24 berm of organizations directly associated with
251 the Anaheim Union High School District, and all
26 profits from such conceesions must be retained
27 either by the Anaheim Union High School District
28 or such organization. No concession rights may
29 be sublet no aeeigned to any other School Dia
30 trict nor to any organization not directly as
31 sociated with the Anaheim Union High School Dim-
32 trict without the express permission of the City
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Council of the City of Anaheim, and then only
on such terms es m..;::y• be imposed by said City
Council.
connection ''odith the use of the facil-
ity under subparagraphs b, c end d, the City
shall prolde lights for night use ane hit
provide general maIntenanco ane cenir of the
facility afte7 Jae and the Anaheim Uhln Hi'
.F.,chool District shall provide at their solt cost
and ey:pent all t. ticget takers
ushers, proqram aellers, announcers, public ad-
dress system operators, scortbard operators,
dressing rot,m atterAants, and all other operations
personnel et may be required in connection with
such ass. in conne.ction with tha use of the
facility under subparasraph h, the City shall
vide general maintenance only and the Anabalm
Unien Mich School District shall provide all
persollei in connectirn with the use lnoludinc
cleardp of the facility necessitated by the
ase.
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It it further underateod and agreed that the
Lessee, the Aneheim Union iJ School District, shaH
have, and is hereby given and grante.71, ar option to
renew said lease ter an additinal period of six (t))
years aA e rental of ten dollars ($10,00) per year
and that at the expiration of said six (6) year term,
the School District shall have an option to renew
said lease for an additional ter of ten (10) year
at h rental of 4 22 44 4 ,4 noliart
per year; and at the and of said ten (10) year term
the School District shall have an option to renew
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said lease for an additional term of twenty (20) years
at a rental calculated upon the then existing minimum
charges for use of the said facility for public school
events where the Districts are substantially within
the City of Anaheim as established by resolution of
record of the 'City Council of the City of Anaheim.
It is expressly understood and agreed by
and between the parties hereto that this lease is
entered into by the City with the Anaheim Union High
School District on the basis of mutual cooperation
between two public agencies for the purpose of accom-
plishing a savings to the taxpayers in the community
by the optimum utilization of public facilities and
to avoid duplication of facilities and that none
of the rights herein granted to the Anaheim Union
High School District shall be subleased, or assigned
or transferred."
Except for the provision s herein specifically amended
and modified, all other provisions of said "Lease of Fecilities"
entered into on March 21, 1956, shall remain in full force and
effect, and from and after the date of this agreement, said
22 "Lease of Facilities shall be in full force and effect as
23 ascended and modified by this agreement.
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DA TED this day of
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CITY 0
BY
Attest:
By
1961.
Attest:
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LESSOR
THE ANAHEIM UNION HIGH SC :x)L DISTRICT
er
i s1dent o e oar a ras ens
CI v° c t R
LESSE