HomeMy WebLinkAbout1996-067
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RESOLUTION NO.
96-67
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO ISSUE A PERMIT TO THE BLAST SOCCER CLUB FOR THE CONSTRUCTION OF
AND USE OF SOCCER FIELDS AT AL GUHIN PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and Community Services
Department is hereby authorized to issue a permit to the Blast Soccer Club for the
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10 construction of and use of soccer fields at Al Guhin Park upon the terms and conditions as
11 set forth in the permit, A copy of said permit is attached hereto, marked Exhibit 1, and
12 incorporated herein by reference as fully as though set forth at length.
13 SECTION 2. The permit authorized by this resolution shall not take effect
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until fully signed and executed by both parties. Neither party shall be obligated hereunder
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19 of no further effect if the permit is not executed by all parties and returned to the Office of
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unless and until the permit is fully executed and no oral agreement relating thereto shall be
implied or authorized.
SECTION 3.
The authorization granted hereunder shall expire and be void and
the City Clerk within sixty (60) days following the effective date of the resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a REGULAR
meeting thereof,
held on the l8th
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March
, 1996 by the following vote, to wit:
day of
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RES 96-67
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ISSUE
2 A PERMIT TO THE BLAST SOCCER CLUB FOR THE CONSTRUCTION OF AND USE
3 OF SOCCER FIELDS AT AL GUHIN PARK.
COUNCIL MEMBERS AYES
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
NAYS
ABSTAIN ABSENT
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Approved as to form
22 and legal content:
Qd.d ~
Rachel Clark, City Clerk
,1
The foregoing resolution is hereby approyed this ~ -It- day
March
, 1996.
~{!&t~
tom Min r, Mayor
City of San Bernardino
23 James F, Penman
24 City ,\ttorney 1
25 By: Jtt~? t-(c'u.,.Y>!''-,
26 ,lJ
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2f13196 amt
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RES 96-67
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CITY OF SAN BERNARDINO
RECREATIONAL USE PERMIT
FOR AL GUHIN PARK
Pursuant to Chapter 12.80 of the San Bernardino Municipal Code, the Director of Parks,
Recreation and Community Services Department ("City") does hereby grant to The Blast
Soccer Club ("Permittee") a permit for the construction of and use of Soccer Fields at Al
Guhin Park, located at West Little League Driye, generally West of Kendall Driye in the City
of San Bernardino, California, upon the terms and conditions hereinafter set forth.
TERMS AND CONDITIONS OF PERMIT
1. Use. The premises and improvements shall be used by Permittee for the
purpose of conducting youth sports games, contests, practices or other activities related to
youth sports. Actiyities shall be limited to the scheduled time periods specifically approved
by the City. City shall have the use of the property and improvements at any time when
same are not in scheduled use by Permittee, except, as set out herein, Permittee shall have
first use, preference and exc1usiye play area facility rights in connection with their approyed
scheduled use of said property for Permittee activities.
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Use Fee.
As consideration for the granting of this permit, Permittee shall
construct or install additional facilities as set forth in Paragraph 3 below and maintain the
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Soccer Fields in cooperation with City as set forth in Paragraph 13 below, so long as
22 Permittee uses the premises for its youth soccer program,
RES 96-67
3. Initial DeveloDment of Soccer Fields. The City and Permittee agree to
share in the deyelopment of four (4) soccer fields and a parking area on the undeveloped
portion of Al Guhin Park (See Attached Drawing of Park). Development shall be as set forth
below and as approved by City Parks, Recreation and Community Services Department
Review and Inspection Staff.
a. City Shall:
(1) Prepare a grading plan for the unimproyed portion of Al Guhin
Park.
(2)
Perform grading of the unimproved area to a tolerance of
+ 0,25 ft.
Permittee Shall:
b,
(1) Submit irrigation plans and specifications for reyiew and
approval by City. Plans shall be legibly drawn to scale on paper no smaller than 18" X 24"
and no larger than 24" X 36". Plans shall include static P,S.I.; service main type, size and
length; water meter location, size, or point of connection to existing system; locations of
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RES 96-67
ammonium phosphate or "Gro-Power-Plus" at the rate of 150 pounds per 1000 square feet.
Systemic Herbicides are to be applied per manufacturer's recommendation for areas to receive
lawn. Prior to applying, moisten all lawn areas for 14 days to encourage weed germination
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4. Imofovements. Permittee shall not erect or alter or cause or allow to be
erected or altered any structures or improyements without first submitting a written plan and
receiving prior written approyal of City, All improvements, structures, alterations or fixtures
heretofore or hereafter placed on said property by Permittee shall then and there become the
property of the City of San Bernardino, unless the City specifically agrees otherwise in
writing, prior to the placing of said items upon the property,
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RES 96-67
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or cans, rather than any type of bottle. The sale of beer, wine or other intoxicating liquor
shall not be permitted unless authorized under the terms and conditions of City Municipal
Code, Chapter 9,32.
8. Cleanliness. Permittee shall keep the premises clean at all times while
III use. No offensiye refuse matter nor any substance creating an unnecessary, unreasonable
fire hazard or public health or safety hazard shall be permitted or remain on the premises.
Permittee shall prevent any such matter or material from being or accumulating upon said
premises and shall immediately clean area of all debris caused by its concession activities.
Permittee shall arrange for and pay all costs associated with refuse services for their
operations and activities,
9. Eouioment. Furnishinl!s and Exoendables. Any additional equipment
and furnishings by Permittee for concession stand and for field operations and actiyities shall
be purchased and installed by Permittee at its sole expense. Said items so furnished by
Permittee shall remain the personal property of Permittee, Equipment, furnishings and
expendables, excluding fixtures and improvements as described in Paragraphs 3 and 4 above,
may be removed from the premises provided that said items can be removed without damage
to City's property and Permittee shall be allowed a period of thirty (30) days to make such
removals as hereinafter proYided,
10. Maintenance of Eouioment. Permittee shall provide all maintenance,
repaIr and service required for equipment used in their operations whether owned by
Permittee or City. The City may direct Permittee to perform necessary repairs and
maintenance to Permittee owned equipment. No equipment proyided by City shall be
removed or replaced by Permittee without the prior written consent of City, Any equipment
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RES 96-67
moved in by City for City use, that may cause problems to Permittee in its operation, shall
be remoyed by City within thirty (30) days after written notice.
11. Security. Permittee shall be responsible for its own security program
during all actiyities including operations of the concession stand. Inspection of concession
facilities may be made at any time by any governmental authority.
12. Utilities. Electrical andlor utility services necessary to carry on concession
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20 the use of lights to assure that use of the lights is not abused.
21 15. City Use. The City shall have the right to use the premises and the
22 improyements installed by Permittee for superYised, recreational programs sponsored by the
23 City. Howeyer, absolute preference will be given to Permittee for its regularly scheduled
24 actiyities during the approyed dates, City shall be responsible for the care and maintenance
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activities, operations and ballfield lighting shall be the responsibility of Permittee during the
term of this permit.
13. Maintenance and Reoair. The City and Permittee agree to share the
responsibility for the maintenance and repair of the fields and surrounding areas.
The City assumes the general responsibility for landscape maintenance to include: mowing
the grass on the ballfields and performing field and facility maintenance such as irrigation
repairs. All other maintenance and litter clean-up shall be the responsibility of Permittee.
14. Lil!htinl!. All lighting of the ballfields shall be terminated no later than
10:00 p,m. each night except during championship play only when lights may be left on until
11:00 p.m, if necessary to finish play, It will be the responsibility of Permittee to monitor
of the premises when used by the City.
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RES 96-67
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16. Permit Not Assilmable. Permittee shall not assign this permit, or any
interest therein, and shall not sublet the premises or any part thereof, or any right or priYilege
appurtent thereto, or suffer any other person (the agents and servants of permittee excepted)
to occupy or use the premises, or any portion thereof, without the prior written consent of
City.
17. Hold Harmless. Permittee agrees to defend, indemnify, saye and hold
City, its officers, agents and employees, harmless from any claims or suits that may be
brought by third persons on account of personal injury, death, or damage to property, or a
property, business or personal interest, arising from any negligent act or omission by
Permittee while exercising the rights granted under this permit. In addition, Permittee shall
keep the permitted premises free from any and all claims of persons or firms or corporations,
who at the request of Permittee or Permittee's contractor, enter the premises for any purpose
related to the constmction and deyelopment of the premises as described in Paragraph 3
above. Permittee shall require a release and waiver of liability and indemnity agreement to
be signed by any person or persons participating in any way associated with development of
the permitted premises. Such Release and Waiver of Liability and Indemnity Agreement is
included herewith as an Attachment.
18. Liabilitv Insurance. Permittee shall procure and maintain in force
during the term of this permit and any extension thereof, at its expense, public liability
insurance in companies and through brokers approved by City, adequate to protect against
liability or damage claims through public use of or arising out of accidents occurring in or
around the premises, in a minimum amount of one million dollars ($ 1,000,000.00) combined
single limit liability, and fifty-thousand ($ 50,000.00) for property damage, Such
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RES 96-67
insurance policies shall name the City of San Bernardino as an additional insured and shall
proyide coverage for City's contingent liability on such claims or losses. An appropriate
certificate of insurance shall be furnished to City, Permittee shall obtain a written obligation
from the insurers to notify City in writing at least thirty (30) days prior to cancellation or
refusal to renew any such policies. The City reserves the right to increase the insurance
coyerage described hereinabove within reasonable limits, and to require additional riders or
proYisions on said policies or certificates as shall be considered necessary, consistent with the
terms and conditions of this permit. Permittee shall immediately comply with said increase
or change,
19. Mechanics' Liens and Pavment Bonds. Permittee shall keep the permitted
premises free from any and all claims of persons or firms or corporations, who at the request
of Permittee or Permittee's contractor, furnish labor or materials to or for the benefit of the
Permittee premises. Permittee further agrees to indemnify and hold City harmless from any
and all claims for labor or materials.
Prior to the commencement of any construction on the permitted premises when it is
estimated that the cost of construction of such additional improyement shall be fifteen
thousand dollars ($ 15,000) or more, Permittee shall post a payment bond with City in an
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21. Term. The term of this permit shall be for a period of ten (10) years,
effective March 15, 1996 through March 14, 2006. Upon expiration of this permit, Permittee
shall have the right to renew for an additional ten (10) year period on the terms and
conditions most favorable to City. This option to renew shall expire and be of no force and
effect if not exercised within thirty (30) days following the expiration date.
22. Termination. City or Permittee may terminate this permit, with or
without cause, by giving the other party thirty (30) days advance written notice of
termination. Should Permittee fail to faithfully perform all the terms and conditions of this
permit, or in the case of an emergency or public need, City may summarily terminate this
permit by giving written notice of immediate termination to Permittee. Said notice of
immediate termination shall be effective immediately upon service of said notice upon
Permittee.
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22 24. Effect of Waiver. City's waiver of breach of one term, covenant, or
23 condition of this permit is not a waiver of breach of others, nor of subsequent breach of the
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one waived.
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In the event of any termination of this permit, Permittee shall have the right to remove
Permittee's personal property that is situated upon the premises. Said personal property shall
be removed by Permittee within thirty (30) days of the date of termination and if not so
removed within the said period shall be deemed abandoned.
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Amendment. This permit may be amended or modified in writing by "City"
and such amendment shall be effective when communicated to Permittee.
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RES 96-67
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25.
All notices herein required shall be in writing and delivered in
Notices.
person or sent by certified mail, postage prepaid, addressed as follows:
City of San Bernardino
Director of Parks,
Recreation and Community
Services Department
300 North "D" Street
San Bernardino, CA 92418
The Blast Soccer Club
3230 Washington Avenue
San Bernardino, CA 92407
Non-Discrimination.
In connection with the use of the premises,
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Permittee and its employees or agents or any firm, person or concessionaire using the
premises, shall not discriminate against any person because of race, creed, color, age, sex,
disability or national origin. Any employee or applicant for employment shall be treated
without regard to the person's race, creed, color, age, sex, disability or national origin.
The terms and conditions of this Recreational Use Permit are hereby agreed to this
J$fl- day of j'ltwt , 19 Qh.
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a~1'~
Director of Parks, Recreation
and Community Services Department
'3-Jt~f:
3 -.J Y . 'i C.
Date
Date
I I I
I I I
III
2/8/96 amt
alguhinusepermit
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RES 96-67
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to enter for any purpose the Al Guhin Park
construction area located on the east end of the park which is located on West Little League
Drive, and other areas appurtenant to where any activity related to the development of the
premises shall take place, or being permitted to volunteer to work, or for any purpose
participate in any way associated with the development of the premises, EACH OF THE
UNDERSIGNED, (male or female) for himself, his personal representatives, heirs and next
of kin, acknowledges, agrees and represents that he has, or will immediately upon entering
any such area, and will continuously thereafter, inspect such areas and all portions thereof
which he enters and with which he comes in contact, and he does further warrant that his
entry upon such areas and his participation, if any, in the development of the premises
CONSTITUTES AN ACKNOWLEDGEMENT THAT HE HAS INSPECTED SUCH
AREAS and that he finds AND ACCEPTS THE SAME AS BEING SAFE and reasonably
suited for the purposes of his use, and he further agrees and warrants that if at any time, he
is in or about such areas and he feels anything to be unsafe, he will immediately advise the
officials in charge of such and will leave the area.
1. EACH OF THE UNDERSIGNED HEREBY RELEASES, WAIVES,
DISCHARGES AND COVENANTS NOT TO SUE the City of San Bernardino, its
officials, and any persons in any area of said park, all herein referred to as "releasees" from
all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin
for any and all loss or damage, and any claim or demands therefor on account of injury to
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