59R-5374
RESOLUTION NO. 5374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING AND APPROVING THE USE
OF LA PALMA PARK STADIUM AND FIELD BY THE
RHINO FOOTBALL CLUB AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT THEREFOR.
WHEREAS, the City of Anaheim owns and maintains a
park known as La Palma Park, upon which is operated and main-
tained a stadium and related appurtenant facilities, known as
"La Palma Stadium"; and
WHEREAS, John H. Marion, an individual, doing
business as the Anaheim Rhinos Football Team, desires the use
of said La Palma Stadium for professional football games, to
be played in league play during the 1959 professional foot-
ball season; and
WHEREAS, the City Council of the City of Anaheim
finds and determines that the use of said stadium by the
Anaheim Rhinos Football Team will not conflict with the use
of said stadium by any other organization or the City and
that said use by the Anaheim Rhinos Football Team 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 John H. Marion, an individual,
doing business as the Anaheim Rhinos Football Team for the use by
the Anaheim Rhinos Football Team of the La Palma Park Stadium,
upon the following terms and conditions:
1. The City of Anaheim shall permit the Anaheim Rhinos
Football Team to use La Palma Stadium for professional
football games during the 1959 professional football
season on the dates of September 5, 1959; September
12, 1959; October 17, 1959; October 24, 1959;
November 1)+, 1959; November 21, 1959; and November
28, 1959.
2. The Park and Recreation Department of the City of
Anaheim shall be responsible for, and they only
shall perform the following functions:
(a) Lining the field;
(b) Changing the location of goal posts;
(c) Setting out line markers;
(d) Roping off play area; and
(e) Similar activities relating to the control
and maintenance of field conditions.
3. The Park and Recreation Department of the City of
Anaheim shall have a field man present at La Palma
Stadium on all of the above indicated dates of the
1959 professional football season to oversee the
use of said stadium.
-1-
4. The Anaheirr Rhinos football Team shall provide,
at their own expense, a locker room attendant
to safeguard all property in the said locker room.
The City shall assume no responsibility or liability
for loss or damage to the Anaheim Rhinos Football
Tearn's property or to the property of any individual
connected with the Pnaheim Rhinos Football Team.
whether contctined in the locker room or elsewhere.
~. The City of Anaheirr shall be responsible for clean-
ing up the stands. pl2ying fields. concession area,
parkways adjacent to the stands, locker rooms,
press box and all other related facilities contem-
plated to be used on the above mentioned dates.
b. The Anaheim Rhinos football Team shall pay the City
of Anaheim for the use of La Palma Stadium, for
each and every of the above indicated dates, the
greater of either of the following sums:
(a) Three Hundred fifty Dollars ($350.00); or
(b) Ten per cent (10%) of the gross receipts
calculated after a deduction of fifty per
cent (50%) of the gross receipts has first
been made for players' salaries.
The sum of Three Hundred fifty Dollars ($350.00), as
a guaranteed minimum payment for the use of La Palma
Stadium, shall be due and payable no later than
forty-eight (48) hours prior to each of the above
indicated dates. Said Three Hundred Fifty Dollars
($350.00) shall be applied as a credit on the sum
payable to the City of Anaheim under the above
alternate payment schedule, for the use of La Palma
Stadium. The balance of sums due the City of Anaheim,
if any. for each of the dates above referred to,
shall be determined and paid to the City no later
than rerty-eight (h8) hours following each of said
dates and no sums due the City of Anaheim shall be
carried forward beyc~d the said forty-eight hour
period. Failure to ccmply with the provisions of
this paragraph shall constitute grounds for the
terrrination of the agreewent at the opticn of the
Ci ty.
7. The term "gross receiptsH shall be defined and
understood to mean all monies received from the
sale of tickets, whether advance sales or sales
at the gate; provided, however, that any tax re-
quired by 1 a.....' to be included in the admission price
shall be allowed as a deduction in determining
gross receipts; and provided further, that any cash
receipts or exchanges of tickets for future games
shall be deducted frow the gross receipts of any
given game. but in the case of ticket exchanges,
the amount received for the original ticket shall
be included in the gross receipts for the day the
exchanged ticket is usable.
-2-
personnel.
nJunu loot-Dall players and
11.
All concessions at La Palama Stadium shall be operated
by the City, either directly or through cOntractual
arrangements with independent contractcrs.
12. In the event intervening ccnditions, such as rain,
would produce excessive wear or damage to the
field, the City may cancel any or all of the
above scheduled dates upon the giving of four (4)
hours' notice before game time. The above said
four-hour notice shall be given by the Director
of Parks and Recreation, or his designated re-
presentative. Such cancellation shall not impose
any liability upon the City of Anaheim nor shall
the Anaheim Rhinos Football Tean! be required to
make payment as provided in the agreement for
the use of La Palma Stadium on that date.
13. The Anaheim Rhinos Football Team may cancel any of
the above indicated dates for the use of La Palma
Stadium by giving written notice to the City of
Anaheim of its intention so to do and upon pay-
ment of liquidated damages as follows:
(a) If notice of intention to cancel any game
is served upon the City by the Anaheim Rhinos
Football Team not later than twenty-four (24)
hours prior to 9:00 o'clock A.M. of the day
on which such game is scheduled to be played
by the Anaheirr Rhinos Football Team, then the
Anaheim Rhinos Football Team shall pay the
sum of One Hundred Seventy-five Dollars
($175.00)as liquidated damages for such
canc€:llation.
(b) If notice of intention to cancel any game is
served upon the City at any time after twenty-
four (2!j.) hours pT'ior to 9:00 o'clock A.M.
of the day on which such game is scheduled to
be played by the Anaheim Rhinos Football Team,
then the Anaheim Rhinos Football Team shall
pay the sum of Three Hundred Fifty Dollars
($350.00) 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 of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 21st day of July, 1959.
I
MAYOR
I~ c~
' ' ./ :
.~. "'J? ,
OF T . 'CITY' On n -rM .,
ATTEST:
" ~'./,f
flT\tL-CLEAA' OF fHE-em"'bf/ANAHEIM
-4-
In calculating gross receipts, all admissions
,--' granted by the Anaheim Rhinos Football Team
through the distribution of' complimentary tickets
or free passes or any admission without pay, except
in the case of players, game officials, necessary
employees or personnel connected with the operation
of the facilities of La Palma Stadium on the above
indicated dates, shall be computed, in detennining
gross receipts, at the regular cost of such type of
admission; provided, however, that two free tickets
may be given to each player and coach, and such
tickets shall not be computed for the purpose of
determining gross receipts. All tickets distributed
with the approval of the City of Anaheim shall not
be included in computing gross receipts.
8. The Anaheim Rhinos Football Team shall keep accurate
books and records to evidence all advance ticket
sales, all receipts at the gate and all free ad-
missions for each and every game played at La Palma
Stadium. Such records shall be available for
inspection by the City at reasonable times during
the term of the agreement.
9. The Anaheim Rhinos Football Team shall provide
adequate police patrol for each of the above
dates during the use of La Palma Stadium at
their sole cost.
10. The Anaheim Rhinos Football Team shall carry in-
surance in the amounts indicated below and shall
forward insurance certificates evidencing such
insurance to the office of the City Attorney of
the City of Anaheim. Said certificates shall be
received and approved by the City Attorney of the
City prior to the execution of the agreement.
(a) Public liability and property damage insurance
in an amount not less than $100,000.00 for
injuries, including accidental death, for any
one person, and subject to the same limit for
each person in an amount not less than
$300,000.00 on account of anyone accident;
(b) Property damage insurance in an amount not
less than $25,000.00;
(c) Workmen's compensation insurance covering all
Rhino football players and personnel, in a
company satisfactory to the City; and
(d) Medical insurance in an amount adequate to
cover all of the Rhino football players and
personnel.
~
11. All concessions at La Palama Stadium shall be operated
by the City, either directly or through contractual
arrangements with independent contractors.
-3-
-
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF .ANAHEIM .
)
)
) . t
.
_ 55.
1
-"'.
, J
r .'. -i, .1 _ .J _ _,. - I _
~. I, DENE M. WILLIAMS, CItY, Cle~k of the City of Anaheim,
do her~by c~:rtify thaij t~~ f'pre~~in9' reso.1uiriop. ,.as introduced
. ~nd adopted at an adj.ourned regu~ar meetinjJ llrovidl1d by law of
t~e City Cpuncil of tqe City pf Anaheim, held on the 21.~ day
of JulYt 1959, by the foliowing.vote: ,
, ,J ";
. ,
AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and
~ Schutte. i
NOES: COUNCILMEN: t'lone. . .......-.l-
) J
J COUNcI~MEN : ' }
ABSENT: None.
AND'I FURTHER CERTIFY that the Mayor of the City of
Anaheim apprpve)d aqd s,igned;saiq resoluti9n ,on t~e 21~t)day of
July, 1959.
I
,J .'-
i , .r l' ) 1. J ; 'l j ...
, IN Wf~ESS ~~~F, I ~ave pe~eunto se~my hand and
af~ixed theJcrfi~ial seal of the City ,of An9heim this 21st day
cif Ju}.y! 1959.
f
( SEAL)
L,lx.....r)~~ '
-.r.,.... ....~
CITY CLERK OF THE CITY OF ANAHEIM
, )
r
" 1
,
,
J
~ .
i 1
j
~. ~< -. ~ .- .. '..-- . - . .. - ,
,- -."
~