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Home My WebLink About1999-194 . ~ RESOLUTION 1999-194 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE 1996 LEASE WITH THE SAN J. 2 BERNARDINO STAMPEDE, INC., CONCERNING THE USE OF THE SAN BERNARDINO STADIUM FOR A 1999 FALL BASEBALL LEAGUE 3 4 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS 5 FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 7 8 and directed to execute on behalf of said City an Addendum to the 1996 Lease with San 9 Bernardino Stampede, Inc., regarding the use of the San Bernardino Stadium for a 1999 Fall 10 Baseball League, a copy of which is attached hereto, marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length, 12 13 SECTION 2. This resolution is rescinded if the parties to the Addendum fail to execute it within sixty (60) days ofthe passage of this resolution. 14 II 15 16 II 17 II 18 II 19 II 20 II 21 22 23 24 25 26 27 28 1999-194 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE 1996 LEASE WITH THE SAN 2 BERNARDINO STAMPEDE, INC., CONCERNING THE USE OF THE SAN BERNARDINO STADIUM FOR A 1999 FALL BASEBALL LEAGUE 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 joint Common Council of the City of San Bernardino at a n.gn];.r meeting thereof, held on the 6 , 1999, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x ~ x 17 18 19 20 he foregoing ordinance is hereby approved this ~h.~ /fh- day of ~9ust _,1999. 21 22 23 24 pproved as to orm and legal content: 25 26 27 }, 28 tt! LC-~ .' ,,"9!1-194 ADDENDUM TO LEASE ADDENDUM TO LEASE made this 2nd day of August 1999 by and between the CITY OF SAN BERNARDINO, herein "City", and SAN BERNARDINO STAMPEDE, INC., hereinafter "Tenant". WITNESSETH: WHEREAS, the parties hereto are the same parties to that certain Lease Agreement dated June 18, 1996, for the use and occupancy of the San Bernardino Baseball Stadium and ancillary facilities, herein "Stadium", all as in said Lease Agreement described, herein the "Lease"; and WHEREAS, Tenant desires the use and occupancy of the Stadium for up to 21 games ofthe Fall Baseball League plus any playoff games related to the Fall Baseball League to be conducted between September 15 and November 10 of 1999; and WHEREAS, the use and occupancy of the Stadium for the Fall Baseball League is not included in the Lease, and the City desires to provide to Tenant the use and occupancy ofthe Stadium for said additional games, NOW THEREFORE IT IS AGREED: 1. Tenant is hereby granted use of the Stadium for up to 21 Fall Baseball League games to be conducted from September 15,1999, through November 10,1999, including regular games and playoff games. The number of games to be played in the Stadium is estimated by both parties to be not more than 21 games, including playoff games, if any. Any other uses by the Tenant pursuant to this Addendum is subject to the prior written approval of the City, including baseball practice and training. 2. Tenant shall provide to City a schedule of dates on which games are to be played as soon as such schedule shall be available. The schedule shall be subject to approval by the City. 3. As and for rent for the use herein set forth, Tenant shall pay to City the sum of Seven Hundred Dollars per game, or a sum equal to 6% of the Gross Revenues, minus concessions, from the Baseball and Baseball related operations, as said "Gross Revenues" :lre defined in Section 4.04 ofthe Lease, excluding all concession revenues, whichever is greater. Said rent shall be due and payable in accordance with the following schedule: a, On or before October I, 1999, Tenant shall pay City $700 for each game played during the month of September, 1999, b. On or before November 1, 1999, Tenant shall pay City $700 for each game played during the month of October, 1999. c. On or before December I, 1999, Tenant shall pay City $700 for each game played during the month of November, 1999. d. On or before December 31,1999, Tenant shall pay City the difference between rents paid in accordance with Sections 3(a), 3(b), and 3(c) above and 6% of Gross Revenues, if greater in accor~ce with Section 3 above, -' .... " . '. , .L,>99-194 4. On or before December 31, 1999, Tenant shall pay City 20% of all gross revenues, minus sales tax, generated by the sale of any concessions during the Fall Baseball League games. 5. It is specifically agreed and understood that the provisions of Section 4.03.1 of the Lease shall be inapplicable to the rent herein provided for and that the Gross Revenues from the baseball operations provided for in this Addendum shall not be considered in the determination of the additional rent as provided for in Paragraph 4,03.1 ofthe Lease. 6. Tenant shall provide all custodial maintenance for all Fall Baseball League games. This maintenance shall include removal of debris from the seats, walkways, and playing field; cleaning the grandstand and the bleachers; cleaning restrooms; cleaning the ticket booth; cleaning the sky boxes; cleaning the picnic areas; performing routine playing field maintenance; providing for groundskeeping, lining and preparation of the field for play by a professionally trained groundskeeper. 7. The parties agree that this Addendum shall not grant Tenant use or occupancy ofthe Stadium for any non-baseball events as defined in Section 4.06 of the Lease. 8. Tenant shall be responsible to repair, at Tenant's sole cost and expense, any damage to the Stadium and/or equipment contained therein caused by Tenant or its officers, agents, licensees or employees. 9. Except as otherwise specifically provided herein, all the terms and conditions ofthe Lease shall be incorporated into this Addendum and the parties shall comply with all the terms, conditions and provisions of said Lease, including but not limited to Section 4.08, Section 27.01 et seq., and Section 27.05 et seq.. Any event of default of this Addendum shall also constitute a default of the Lease. Any event of default of the Lease shall also constitute a default of this Addendum, 10. This Addendum and the Lease set forth the entire Agreement of the parties with respect to the additional lease use and occupancy herein provided for and shall not be modified except in writing duly executed by the parties, IN WITNESS WHEREOF the parties have executed this Addendum as of the day and year first above written. San Bernardino Stampede, Inc, ~d,~ An ro ed as to Form and Legal C nte t ~f,fe~ (jJity Attorney Attest ~fh-~