HomeMy WebLinkAbout1990-105
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RESOLUTION NO. 90-105
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB,
3 INC., RELATING TO THE USE OF FISCALINI FIELD.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City an Agreement with San Bernardino
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Baseball Club, Inc., relating to the use of Fisca1ini Field, a
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copy of said agreement is attached hereto, marked Exhibit "A",
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and incorporated herein by reference as fully as though set forth
at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
SECTION 3. Resolution Number 89-485 is repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the 19th
reqular
day of March
/ / /
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/ / /
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/ / /
/ / /
/ / /
, 1990, by the following vote, to wit:
/ / /
JFW:br[Spirit.Res]
March 16, 1990
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB,
2 INC., RELATING TO THE USE OF FISCALINI FIELD.
3
4
Council Members:
ESTRADA
AYES
x
NAYS
ABSTAIN
5
REILLY
x
6
FLORES
x
7
MAUDSLEY
x
8 MINOR
9
POPE-LUDLAM
x
MILLER
x
~t!I//;!2/~'W
Ci t'y C10rk
The foregoing resolution is hereby approved this 01/
j
day
of
March
, 1990.
Approved as to
19 form and legal content:
21
20 JAMES F. PENMAN,
City Attorney
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By: i{tt~""'" ;;;
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7
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JFW:br[Spirit.Res]
March 16, 1990
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AGREEMENT
2
THIS AGREEMENT is executed at San Bernardino, California,
3
this ~/~flr day of
If)1:u Ii,
19 ,9'GI , by and
4 between the CITY OF SAN BERNARDINO, a Charter City (hereinafter
5 "City" ), SAN BERNARDINO BASEBALL CLUB, INC., a California
6 corporation (hereinafter "Lessee").
7 WIT N E SSE T H:
8 WHEREAS, the City Council of the City of San Bernardino has
10 any portion of City-owned property devoted to park, amusement or
9 the authority to enter into a Lease Agreement regarding all or
12
11 recreation purposes; and,
WHEREAS, Lessee has acquired a franchise to operate a
13 professional baseball team as a member of the California League;
14 and,
15
WHEREAS, it is the intention and desire of the parties
16 hereto to enter into a Lease Agreement regarding the use of
17 Fiscalini Field, being a portion of the public park and
18 recreation area owned by the City of San Bernardino, for the
19 purpose of conducting and carrying on a professional baseball
20 franchise thereon and the operation of concession stand
21 activities; and,
22 WHEREAS, City desires to contract with Lessee for Lessee to
23 operate the facility in accordance with the provisions
24 hereinafter contained and, the Lessee desires to contract with
25 the City for the privileges granted under said Lease as
26 hereinafter contained:
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JFW:br[Spirit11.Agm]
March 16, 1990
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NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
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1.
Premises.
City, for and in consideration of the
3 covenants, conditions, agreements and stipulations herein set
4 forth, does hereby grant Lessee the right to utilize Fiscalini
5 Field, as shown on Exhibit "A" attached hereto and by this
6 reference made a part hereof, hereinafter referred to as
7 "facility".
8
2.
Lease Granted. This Agreement is made for the purpose
9
10 professional or semiprofessional baseball team shall be
of granting Lessee the nonexclusive use of the facility.
No
11 permitted to conduct games at facility during the term of this
12 Lease except with the express written consent of Lessee. Lessee
13 is also entitled hereunder to sufficient space for the operation
14 of a business office, said office to be provided by Lessee.
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3.
Term of Lease.
The aforementioned lease shall
16 commence on March 1, 1990, and terminate on September 15, 1992.
17 At the option of the Lessee, this agreement may be renegotiated
18 and extended to September 15, 1993, upon terms as hereinafter set
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forth.
All terms not specifically amended at the time of any
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20 such extension shall remain as originally set forth.
4.
Use of Facility by Lessee for Non-
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Baseball Related Activities.
(a) City agrees that the facility shall be made available
24 to Lessee not to exceed 15 days in each calendar year during the
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term of this agreement for non-baseball related activities.
The
26 schedule, events and sale of alcohol at such events shall be
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JFW:br[Spirit11.Agm]
March 16, 1990
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subject to City Council approval.
Request for such an approval
2 shall be made thirty days in advance of any such activity.
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(b)
Notwithstanding any other terms of this agreement,
4 Lessee shall bear all costs of the non-baseball activities in the
5 manner as set forth in Section 27 paragraphs a and c and Section
6 29 of agreement. Said costs shall include the cost of utilities
7 for the event.
8
(c) In addition to any other sums set forth herein, Lessee
9 shall pay to the City 5% of the gross receipts received by Lessee
10 for each such non-baseball activity.
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5.
Payment by Lessee to City.
(a) Guaranteed Minimum Annual Fee.
Lessee agrees to pay
13 to the City as fees for the lease herein granted for the use of
14 Fiscalini Field a minimum annual fee of $40,477 for the use of
15 the facility in the period March 1, 1990, to September 15, 1990;
16 $42,501 for the period March 1, 1991, to September 15, 1991;
17 $44,626 for the period March 1, 1992 to September 15, 1992; and
18 $46,857 for the option period March 1, 1993 to September 15,
19 1993, if Lessee elects to exercise such option.
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(l)
Payment.
All payments required hereunder
are due and owing as of April 1, of each year of
terms.
Said payment shall be made in equal monthly
installments for six months beginning on April 1 of
each such year.
Failure by Lessee to make monthly
payments in the amount of and at the times
JFW:br[Spirit11.Agm]
March 16, 1990
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hereinabove specified shall constitute a material
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breach of this agreement.
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(b) Percentage of Gross Receipts.
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(1 )
In addition to any other sums set forth
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herein, Lessee shall pay to City the following:
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Five percent of any amounts in excess of
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$450,000 gross receipts, received by Lessee from any
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use permitted by this agreement in each calendar year
1990, 1991, 1992 and the option year 1993 if the
option is exercised.
(2) For the purpose of this agreement, the term
"gross receipts" shall mean all money received by or
paid to the Lessee from the entire operation of the
facilities, including but not limited to facility
use charges (admission fee, etc.), group user fees,
refreshment concession, souvenir concession and
advertising revenues.
For purposes of this
agreement, "gross receipts" does not include other
things of value which may be received by Lessee.
Reference is hereby specifically made to "trade outs"
as being excluded from the definition of "gross
receipts" .
Each transaction on credit or installment shall
be treated as a transaction for the full price in the
calendar year in which the sale is made.
JFW:br[Spiritll.Agm]
March 16, 1990
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Any reference in this paragraph to sublessees,
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concessionaires, or licensees of Lessee shall not be
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deemed to be an authorization for any subletting or
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granting of concessions or licenses by Lessee with
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respect to the premises.
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(c) Payment of Percentage of Gross Receipts.
(1) Lessee shall notify City in writing within thirty
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(30) days of date of the last game of Lessee's season as to
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whether gross receipts from the uses permitted under this
agreement total $450,000. On that date Lessee shall pay to
City such sums as have accrued to City from such gross
receipts as per this agreement.
(d) Charges on Past-Due Payments -Liquidated
Damages.
(1) If Lessee fails to make the payments set
forth hereinabove by the due dates set out herein,
Lessee shall pay a charge on such past-due amounts at
the prime rate plus 2% and no less than 10% per annum
adjusted as of April 1 of each year.
This provision shall not be deemed as a forbearance on the
21 payments of such amounts, and City retains any and all remedies
22 for nonpayment of such amounts.
23 This provision is an estimate of the anticipated damage to
24 be suffered by City for nonpayment of such amounts and it is not
25 to be construed as a penalty. It is hereby agreed that it would
26 be difficult or impossible to determine the precise amount of
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JFW:br[Spiritll.Agm]
March 16, 1990
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1 damages to the City in the occurrence of a breach of the covenant
2 to make timely payments.
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6.
Quality of Operations.
The Lessee shall, at all
4 times, operate the facilities in a good businesslike manner and
5 incident thereto render to the public using said facilities,
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efficient and courteous service.
In the event that the Director
7 of Parks, Recreation and Community Services (hereinafter
8 "Director") reasonably finds that service rendered by the Lessee
9 is substandard or that any other provisions of the lease herein
10 given are not being adequately performed or complied with, the
11 Lessee upon being advised of the nonperformance or noncompliance
12 shall correct any such violation, deficiency or omission within
13 5 calendar days of such notice. Where such notice is as to a
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matter respecting health and safety,
corrections shall be made
15 within 24 hours.
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7.
Employees.
Any and all personnel, including
17 employees, agents and representatives of Lessee and City, and all
18 independent contractors of Lessee, in conducting the operations
19 of facility, shall be qualified to perform the duties assigned to
20 them and sha11 be of good mora1 character. Said personne1 shal1
21 be neatly attired and shall conduct themselves at a11 times in a
22 courteous and businesslike manner. All personnel at the facility
23 shall be covered under the Workers' Compensation Act of the State
24 of California. Lessee shall require that any employee, agent or
25 licensee of any independent contractor of Lessee performing work
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JFW:br[Spiritll.Agm]
March 16, 1990
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1 at the facility be covered by the Workers' Compensation Act of
2 the state of California.
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8.
Nondiscrimination by Lessee.
Lessee and City shall
4 not in the performance of service under this agreement
5 discriminate against any employee or applicant for employment
6 because of sex, race, color, creed, national origin, or handicap
7 and shall not discriminate in the providing of service hereunder
8 against any person on the basis of sex, race, color, creed,
9 national origin, or handicap.
9. Lessee Rights and status.
12 subject to the terms and conditions set forth herein.
(a) The rights herein given to the Lessee is a lease
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(b)
In addition, the Lessee, his agents, contractors, and
14 employees shall be at all times independent contractors and shall
15 not be considered agents or employees of the City.
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10. Assignment Prohibited.
The rights and privileges
17 given to the Lessee are not assignable in whole or in part or by
18 operation of law and any such attempted assignment shall be
19 invalid and of no legal force or effect. This provision may be
20 waived only with the express written consent of the Mayor and
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21 Common Council of the City of San Bernardino.
11.
Subleases, Concessions, Licenses, Contracts.
The
23 provisions of Section 10 shall not prohibit Lessee from entering
24 into concessions, licenses or contracts for the operation of any
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portion of the business conducted on the premises.
Each
26 concession, license or contract that is entered into by Lessee
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JFW:br[Spiritll.Agm]
March 16, 1990
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1 shall be subject to the provisions of this agreement. A copy of
2 any concession license or contract shall be placed on file with
3 Director.
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12.
Advertising.
Lessee shall have the right to sell,
5 display and maintain advertising on the inside of the outfield
6 fence of the facilities, a scoreboard, and on signs which may be
7 attached by Lessee to the back of the bleachers on the premises.
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13. Access to Premises.
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(a) Lessee shall have full and unimpaired access to field
10 facilities at all times between March 1 and September 15 of 1990,
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1991, and 1992.
Additionally, Lessee shall enjoy year-round
12 access to maintain and access an office on the premises and, if
13 Lessee exercises its option to extend this agreement, Lessee
14 shall also enjoy such access between March 1 and September 15,
15 1993.
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(b)
During the above times, City and its authorized
17 representatives shall have the right to enter the facilities at
18 all reasonable times for any of the following purposes:
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(1 )
To determine whether the premises are in
good condition and whether Lessee is complying with
its obligations under this lease.
Ci ty shall
exercise reasonable discretion as to the time and
manner of making said determination.
(2)
To do any necessary acts, not inconsistent
with the provisions of this agreement, including
JFW:br[Spiritll.Agm]
March 16, 1990
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maintenance, and any restoration to the facilities
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that City has the right or obligation to perform.
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(3) To use the areas designated on Exhibit "B"
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for park storage.
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(4) Special events including but not limited to
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Twin County All-Star Baseball Series, C.r.F. High
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SchoOl Playoffs, California State University
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"Coyotes" Baseball team, et cetera.
9 14. Community Uses.
10 (a) Lessee shall have the right of approval of all
11 contracts, licenses or permits entered into by the Director for
12 the use of the facilities, between March 1 and September 15,
13 1990, 1991, 1992 (and 1993 if the option is exercised) at
14 reasonable times, by community groups. Lessee shall use its best
15 good-faith efforts to satisfy the needs of the general public for
16 the use of the facility by agreeing to permits for available
17 dates and times to California State University, San Bernardino
18 "Coyotes" baseball team, and Twin County Baseball Series and
19 C.r.F. High School Playoffs and thereafter to the general public
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20 on a first come, first serve basis.
(b)
During the term of agreement Lessee shall have the
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22 right of first refusal as to the operation of all concessions
during any and all events in facility.
Director shall notify
24 Lessee of any planned community event at least 60 days prior to
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date of such event.
Lessee shall thereafter have 30 days in
26 which to notify Director in writing, of its intent to refuse the
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JFW:br[Spiritll.Agm]
March 16, 1990
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1 operation of concessions for that event. City shall be entitled
2 to 5% of the gross receipts from all concessions conducted
3 pursuant to this provision.
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15. Nuisances Prohibited.
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(a) Lessee shall not use the premises, any part thereof,
6 or permit them to be used for any purpose or purposes other than
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as specified herein.
Lessee shall not do or permit any act or
8 thing to be done upon the premises which constitutes a nuisance
9 or which may unreasonably disturb the quiet enjoyment of City or
10 any resident of City on adjacent or neighboring property.
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(b) Lessee shall at its own expense attach and maintain a
governor on the controls of its sound system.
Said governor
13 shall be at all times maintained at a level mutually agreed upon
14 by Lessee and City.
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16 of a written notice from the City that a nuisance exists, to
(c) Lessee further agrees, that within 72 hours of receipt
17 abate or otherwise cause said nuisance to be cured. In the event
18 Lessee has not (a) taken corrective action within 72 hours, or
19 (b) filed an appeal with the Mayor and Common Council within 72
20 hours, then City may enter and abate said nuisance at the expense
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21 of the Lessee without any liability whatsoever to City for
monetary loss or anticipated profits of Lessee or others.
An
23 appeal to the Mayor and Common Council must be made in writing
24 and be received by the City Clerk, San Bernardino, California,
25 within 72 hours after Lessee received notice of said nuisance.
26 This section shall not be construed so as to prohibit immediate
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JFW:br[Spiritll.Agm]
March 16, 1990
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1 enforcement by pOlice or other authorized city official, of any
2 municipal code, ordinance or other applicable law.
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16. Parking Lot Rates. Lessee shall not charge for use of
4 the facility parking lot except by specific resolution of the
5 Mayor and Common Council of the City of San Bernardino.
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17.
Indemnification and Hold Harmless.
The Lessee shall
7 and hereby agrees to defend, indemnify, save and hold harmless
8 the City, its agents, officers, employees, contractors and
9 invitees from any and all losses or damage and from any and all
10 liability, suits, actions or claims brought or made by any
11 person or persons, arising or resulting from any and all
12 activities and operations of Lessee, Lessee's agent, employees,
13 contractors or invitees in and about the premises and/or arising
14 out of the use of said facilities by Lessee, Lessee's agents,
15 employees, contractors or invitees and for injury or damage to
16 persons or property about or within said facilities while Lessee,
17 Lessee's agents, employees, contractors or invitees are occupying
18 said facilities for any reason or in any fashion except when such
19 loss or damage is the proximate result of the negligence of
20 lessor's, agents, employees or contractors.
21 18. Liability Insurance Coverage.
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(a)
The Lessee, at Lessee's own cost and expense, shall
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23 maintain throughout the term of this agreement:
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( 1 )
A pOlicy or policies of Comprehensive
Liability Insurance with a minimum limit of liability
of ONE MILLION DOLLARS ($1,000,000) Combined Single
JFW:br[Spiritll.Agm]
March 16, 1990
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Limit for bodily injury and property damage with an
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aggregate minimum limitation liability of FIVE
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MILLION DOLLARS ($5,000,000) and including the
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following coverages:
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i)
Premises Operations Including
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Alterations (for sports events and
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stadiums). The only exclusion which
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the City shall accept to this coverage
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is that which excludes bodily injury
to athletic participants only and
which in no way excludes spectators.
This coverage shall also provide
coverage for the continual use of
office space at the premises.
ii) Broad Form Contractual Liability.
iii) Broad Form Property Damage.
iv) Products Liability (for the sale of
souvenirs, athletic equipment and for
the sale of food and drink).
v)
Personal Injury and Coverages i, ii,
and iii listed above.
vi) In the event Lessee engages or
subcontracts any advertising or
broadcasting, then a policy of
advertising and broadcasters liability
insurance shall be provided either by
JFW:br[Spiritll.Agm]
March 16, 1990
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lessee or by said subcontractor with
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minimum limits of $1,000,000.
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vii) Open Air Parking (for which a charge
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is made).
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viii)Liquor Legal Liability with a minimum
limit of $1,000,000.
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ix) Fire Legal Liability with a minimum
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limit of $1,000,000.
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x)
Vendors' Coverage (provided on an "if
any" basis as commonly used in the
insurance industry; that is, if there
is any exposure to the risk during the
policy period).
(2)
A policy or pOlicies of Comprehensive Vehicular
Liability insurance with a minimum limit of liability of
One Million Dollars ($1,000,000) Combined Single Limit for
bodily injury and property damage with an aggregate minimum
limit of liability of five million dollars ($5,000,000) and
which includes coverage for non-owned and hired vehicles
and which provides Uninsured Motorist coverage according to
minimum state requirements. In the event Lessee acquires
owned or leased vehicles, then Lessee shall immediately
obtain equivalent coverage for such vehicles.
(b)
Each policy providing coverage as required by
25 subparagraph (a) above, must have endorsements providing:
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JFW:br[Spirit11.Agm]
March 16, 1990
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( 1 )
That the City of San Bernardino, its
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officers, agents, employees, contractors and invitees
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are additional insured as respects the use of the
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facilities.
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(2)
That the insurance provided by the policy
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shall be primary insurance as respects any other
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valid and collectible insurance the City of San
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Bernardino may possess and that any other insurance
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the
City does possess will be considered excess
only.
(3 )
That the policy will act to cover each
insured and each additional insured as though a
separate policy were written for each.
(4) That no less than thirty (30) days' written
notice will be given to the City Administrator or his
or her designee, City of San Bernardino, 300 North
"D" Street, San Bernardino, California 92418, before
cancellation or reduction in coverage for any reason.
(c)
If the Lessee engages another party to provide the
20 operation of refreshment, souvenir and/or other concessions, as
21 permitted hereinabove, the Licensee shall also cause that party
22 or parties so engaged, at said party's or parties' own cost and
23 expense, to obtain and to keep in force throughout the term of
24 this agreement, a pOlicy or policies of public liability
25 insurance (including products liability coverage) separately
26 providing limits and coverage as aforesaid arising out of each
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JFW:br[Spirit11.Agm]
March 16, 1990
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:--
1 such concessionaire's operations. Before any person other than
2 Lessee operates any refreshment, souvenir or other concession,
3 Lessee shall notify City of the name and business addresses of
4 such concessionaire, and obtain and file with City such
5 concessionaire's policy and/or certificates as are herein
6 specified.
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19. Injunction.
8
It is hereby understood and agreed that, in addition to any
9 other damages as may be hereinafter set forth, that City shall
10 suffer additional damages if Lessee moves to a location outside
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the City limits during the life of this agreement.
It is agreed
12 that such damages are difficult or impossible to calculate
13 precisely at this time but that $1,000,000.00 is a reasonable
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estimate of such damages.
In consideration of the above, Lessee
15 hereby agrees that if Lessor reasonably determines that it is the
16 intention of Lessee to move to a location outside the City limits
17 during the life of this agreement, without the consent of City,
18 City may proceed to Superior Court and there obtain a permanent
19
injunction against such move.
Lessee hereby specifically waives
20 any rights it may now or hereafter have to oppose such
21 injunction, and, in addition to any other cost to be paid under
22 this agreement, Lessee shall pay all City's costs of seeking
23 and/or obtaining such injunction and, shall pay such costs
24 without reference to the outcome of such litigation.
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20. Workers' Compensation Insurance Coverage.
JFW:br[Spiritll.Agm]
March 16, 1990
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1
(a)
The Lessee, at Lessee's sole cost and expense, shall
2 provide, pay for and maintain throughout the term of its lease, a
3 policy providing workers' compensation insurance coverage with
4 the statutory limits of liability as set forth by the laws of the
5 State of California, and including not less than $500,000,
6 Employer's Liability, applicable to employees, agents and
7 volunteers of Lessee, sub-lessees or assignees.
8
(b)
The pOlicy shall be endorsed to waive the right of
9 subrogation against the City. The policy also shall be endorsed
10 to provide that not less than thirty (30) days' written notice
11 shall be given to the City Administrator or his or her designee
12 City of San Bernardino, 300 North "D" Street, San Bernardino,
13 California 92418, before cancellation or reduction in coverage
14 of any nature or for any reason.
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21. Evidence of Coverage.
(a)
Except as otherwise provided herein, each policy
17 obtained by the Lessee to comply with the provisions of this
18 agreement must have an effective date no later than the
19 commencing date of this agreement and the named insured on each
20
policy must be identical to the Lessee in this agreement.
The
21 Lessee agrees to furnish evidence, acceptable to the City, that
22 the insurance requirements of this agreement have been fulfilled.
23 Such evidence is to be placed on file by the Lessee with the City
24 Administrator or his or her designee, City of San Bernardino, 300
25 North "D" Street, San Bernardino, California 92418.
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March 16, 1990
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(b)
No occupancy or use of City's property or facilities
2 shall be made by the Lessee, Lessee's agents, contractors,
3 employees or invitees, under the provisions of this agreement
4 until evidence acceptable to City Administrator or his or her
5 designee that the aforesaid insurance requirements have been
6 fulfilled has been received by the City Administrator or his or
7
her designee.
Each policy, binder or certificate of insurance,
8 is subj ect to the approval of City Administrator or his or her
10 the insurance requirements set forth in this agreement not be
9 designee as to content, form and issuing company. Should any of
11 fulfilled by the Lessee in a manner acceptable to City
12 Administrator or his or her designee as provided in this
13 agreement, said Risk Manager may purchase any or all of the
14 insurance required to correct such deficiencies and the Lessee
15 and Individuals agree that the premium incurred therefor shall
16 constitute an additional fee to be paid by the Lessee to the City
18
17 upon demand.
(c)
On or before March 15, 1990, a certified, true and
19 correct copy of each policy providing all or part of the
20
liability
insurance coverage required by Paragraph 18 above,
21 together with all required endorsements, and a certificate of
22 insurance together with the required endorsement for the workers'
23 compensation coverage required by Paragraph 20 above, must be
24 received directly from the issuing company by the City
25 Administrator or his or her designee.
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JFW:br[Spiritll.Agm]
March 16, 1990
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(d)
During the first thirty (30) days coverage of any
2 policy obtained by the Lessee to fulfill requirements of this
3 agreement, evidence may be in the form of an insurance binder;
4 provided that any such binder must include language to fulfill
5 the requirements, including endorsement requirements, in addition
6 to the normally accepted items in a binder, such as, but not
7
limi ted to:
coverage, limits of liability, date coverage was
8 effective, expiration date of binder, name of insuring company
9 and signature of authorized company representative.
22.
City Not a Bailee.
It is further hereby understood
11 and agreed that the City in no way purports to be a bailee and is
12 in no way responsible for lost, stolen or damaged property of
13 Lessee, its agents, employees, concessionaires or invitees.
14
23.
Possessory Interest Tax.
Lessee hereby acknowledges
15 and understands that this agreement may create a possessory
16 interest subject to property taxation pursuant to California
17 Revenue and Taxation Code Section 107, and that Lessee may be
18 subject to payment of property taxes levied on such interest, and
19 that such tax payment shall not reduce any monies due the City
20 hereunder and any such tax shall be the liability of and be paid
22
21 by the Lessee.
24.
23 Lessee shall at all times and continuously operate in full
Compliance With Orders, Ordinances and Laws.
The
24 compliance with all Federal, State and local laws, statutes and
25 ordinances; all orders of the Health Officer of the County of San
26 Bernardino; all directives of the Director; and shall grant
27
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JFW:br[Spirit11.Agm]
March 16, 1990
18
10
1 access for inspection purposes to any authorized representative
2 of the state Board of Health or the County's Health Officer, or
3 any authorized representative of the Director.
4
25.
Liens and Encumbrances.
Lessee shall keep the
5 premises and all structures and improvements situated thereon
6 free from any liens or encumbrances arising out of any work
7 performed, material furnished, or obligations incurred by Lessee,
8 or from any other cause.
9
26. Capital Improvements.
( a )
Ci ty Agrees:
City hereby agrees to provide the
11 following capital improvements to facility during the term of
12 this agreement.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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(1 )
Parking Lot Improvements - City agrees to
provide parking lot improvements to the unpaved
portion of the main parking lot as identified on
Exhibit "B" attached hereto and by this reference
made a part hereof. Such improvements shall include
grading, overlay, lighting and striping.
(2 )
Seating and backstop improvements - City
agrees to provide approximately 230 additional
theatre style seats.
In conjunction with the
installation of the seating, the backstop may be
permanently altered consistent with a plan for such
alteration approved by lessee and the Director.
City shall not under any circumstances expend more
than $36,000 for such seating.
Such funds shall be
JFW:br[Spiritll.Agm]
March 16, 1990
19
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12
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16
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1
expended as provided in San Bernardino Municipal Code
2
Chapter 12.20.
3
(b). Lessee agrees:
In contemplation of this agreement,
4 Lessee agrees to:
5
6
(1) (i)
Rent, lease, or furnish additional
rest room facilities sufficient to
7
accommodate full attendance capacity on a
8
ratio of one commode for every 200
9
spectators.
(ii) Rental Credit. City hereby agrees to
grant an annual credit in the form of a
reduction in the guaranteed annual minimum
fee to be received from Lessee as an offset
against Lessee's costs of rental of such
additional portable restrooms to be placed
at facility.
Said credit shall be in the
amount of $9,000.00.
Such credit shall be
compensation for City's portion of any
costs for hook-up materials, maintenance,
custodial care and any paper stock and
sanitary and cleaning supplies associated
with the use of such restroom facilities.
The credit shall be applied in equal
monthly increments against the fee
payments to be made by Lessee to City.
Should Lessee not undertake such costs or
JFW:br[Spiritll.Agm]
March 16, 1990
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10
11
12
1
should such costs otherwise be paid by
2
persons not a party to this agreement, said
3
credit may be reduced in an appropriate
4
amount.
5
(2) All permanent capital improvements provided
6
hereunder shall become the property of the City.
7
Upon termination of this agreement for reasons as set
8
forth herein, except expiration of the term of the
9
agreement, City shall recover its costs for all
capital improvements made hereunder in the manner set
forth in Section 19 hereof.
13 In addition to any other sums which they are required to
(c) Rent for Use of Clubhouse.
14 pay pursuant to the agreement, Lessee agrees to pay to City a
16
15 rent of fifteen hundred dollars ($1,500.00) per month for use of
clubhouse facilities by Lessee.
Lessee shall pay minimum of
17 $9,000.00 per year rental for use of such by Lessee for the
18 period from March 1, through September 15, 1990, 1991, 1992 (and
19
1993, if the option is exercised).
All rent shall be due and
20 owing on April 15 of each year. Payment of the minimum rent may
21 be made in six equal installments beginning on April 15 of each
23
22 year during the term of this agreement and thereafter on the 1st
day of each month.
Payments for any additional months of rent
24 shall be due and owing on the 1st day of the month following that
25 in which the rent accrues. One day's use of the facility creates
26
27
28
the obligation to pay for the entire month.
Lessee shall be
JFW:br[Spirit11.Agm]
March 16, 1990
21
1 entitled to year-round use of the storage area as shown on
2 Exhibit "B" at no additional cost.
3
27. Staffing and Cleanup.
4
(a) Lessee shall provide all event personnel, including,
5 without limitation, ticket sellers, ticket takers, ushers,
6 clubhouse matrons, clubhouse janitors, medical persons,
7 switchboard, sound and scoreboard persons, and other supervisory
8 personnel, and all other personnel reasonably necessary for the
9
operation of the premises for the events held therein.
The
10 number and type of such personnel shall be based upon the number
11
of spectators and the type of event.
Lessee shall also provide
12 attendant care during the game including but not limited to
13 restroom clean-up, garbage, trash and litter clean-up of
14 facility.
15
(b)
City shall provide, at its expense, ballfield
16 preparation, stadium clean up to include pick up and removal of
17 all litter and debris from stadium, stadium parking lot and
18 adjoining areas. Clean up shall be provided, at a minimum, after
19 each home game and prior to the commencement of each home game
20 and prior to and after any event otherwise held at the facility
21 pursuant to this agreement. Clean up shall include washing down
22 the bleachers as necessary.
23
(c)
If City should provide any of the labor or services
24 described in subparagraph (a) above, Lessee 8fi6 shall reimburse
25 City for its labor, materials, supplies and administrative
26 overhead costs.
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JFW:br[Spirit11.Agm]
March 16, 1990
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1
28. Utilities and Additional Services.
2
( a ) Ci ty shall make arrangement for and pay for all
3 utilities furnished to or used at facilities for any use covered
4 by the agreement including, without limitation, gas,
5 electrici ty, water and trash collection, and for all connection
6
charges.
Except, Lessee shall be responsible for all costs of
7 telephone service, including connection fees, service charges
8 and user taxes.
9
(b)
At Lessee's request, City may provide, at the sole
10 discretion of the Director, or her designee, additional services
12
11 and supplies in support of the presentation of any of the events
herein contemplated.
Lessee shall reimburse City for the labor,
13 materials, supplies and administrative overhead costs incurred in
14 providing such services and supplies.
15
29.
Security.
Lessee shall be responsible for providing
16 all reasonably necessary security at each and every event held by
17 Lessee at the facility under the provisions of this agreement.
18 The number and type of such personnel shall be based upon the
19 type of event and the number of spectators in determining
20 reasonably necessary security.
21 Lessee shall provide traffic control and security in the
22
stadium and parking lot at its expense.
Traffic control and
23 security are to be provided at the discretion of the Lessee
24 except when the Director, in the exercise of her sole discretion,
25 determines that such is necessary as a matter of public safety.
26 / / /
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
23
"
1
30. Maintenance and Repair.
2
(a) General.
Lessee agrees to maintain all equipment at
3
facility.
City agrees to maintain all capital improvements at
4 facility, save that City shall not be responsible for the
5 scoreboard to be provided by Lessee until such time as such
6 scoreboard is owned free and clear by the City. Lessee shall be
7 responsible for maintenance of the scoreboard until such time as
8 the scoreboard is the unencumbered property of the City.
9 Further, Lessee hereby agrees to assume responsibility for and to
10 undertake all maintenance of the backstop. And upon termination
11 of this agreement, Lessee shall at its expense, restore the
12 backstop to its original condition or a condition otherwise
13 approved by the Director.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1) Lessee agrees to accept facility with such
capital improvements as is promised herein by the
City.
City agrees to provide existing and new
improvements and to maintain the facility as
specified herein. In the event, and at the time that
additional and/or new equipment other than is
specified herein is necessary for the proper
operation of facility, Lessee shall, at Lessee's sole
cost and expense, purchase such additional and/or new
equipment.
Unless such equipment is attached as a
fixture to facility, equipment shall remain the
personal property of Lessee.
JFW:br[Spiritll.Agm]
March 16, 1990
24
1
(b) Routine Maintenance and Repairs.
Except as otherwise
2 provided herein, City shall maintain, in good and safe condition,
3
all portions of the facility.
City's routine maintenance shall
4 include, without limitation, and shall not be limited to:
5 replacing light bulbs in floodlights, field lights and security
6 lighting; manual broom or vacuum cleaning the parking lot,
7 grandstand and bleachers, and cleaning the public restroom;
8 repair of asphalt surfaces including parking lot and driveways;
9 landscape maintenance to include fertilization and weed control
10 around the perimeter of the facility and both sides of perimeter
11 fencing, all aspects of playing field maintenance, exclusive of
12 game preparation; bleacher repairs; irrigation system repairs
13 including water fountains; plumbing repair such as sewage
14 stoppages; electrical repairs including junction box blowouts and
15 painting for cosmetic purposes.
16
17 with such written procedures as shall be established by Director
(c) Emergency Maintenance. Lessee hereby agrees to comply
18 for obtaining emergency maintenance or repair of any property or
19 equipment to be maintained by City under this agreement. Lessee
20 shall be liable for all costs incurred in a manner consistent
22
21 with such procedures.
23
31. Alterations.
24 Lessee shall not make any structural or nonstructural alterations
(a) Except as otherwise specifically provided herein,
25
to the facility without the City's consent.
The Director may
26 act for the City in giving such consent.
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
25
1
(b)
City may elect, within thirty (30) days before the
2 expiration of the term or at the time of any other surrender of
3 such facility, to require Lessee to remove any alterations that
4
Lessee has made to the facility.
If City so elects, Lessee, at
5 its cost, shall restore the facility to the condition it was in
6 at the commencement of the term less normal wear and tear, within
7 sixty (60) days after notice of election is given.
8
32. Construction Bond Requirements.
In the event that
9 alterations are made by Lessee in accordance with the provisions
10 of this agreement or in the event that individual maintenance and
11 repairs exceeding Five Thousand and No/lOO Dollars ($5,000.00)
12 are made by Lessee as a requirement of this agreement, Lessee
13 shall provide such faithful performance bonds, payment bonds and
14 labor and material bonds as City may demand and the terms and
15 provisions of the construction or maintenance contract to
16 accomplish any such alterations, maintenance or repairs to the
17 facility shall be subject to the approval of the Director and the
18 City Attorney.
19
20 shall repair, replace, and maintain the structural integrity of
33. structural Restoration and Repair. City, at its cost,
22
21 the following:
(a)
The structural parts of the building and permanent
23 fixtures and other improvements that are a part of the facility,
24 including, without limitation, the foundations, bearing walls,
25 sub-flooring, ceiling, roof, window frames (not including screens
26
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JFW:br[Spiritll.Agm]
March 16, 1990
26
10
1 and panes), gutters and downspouts, light poles, grandstands, and
2 concession stands.
3
(b) The unexposed electrical, plumbing and sewage systems,
4 including, without limitations, those portions of the systems
5 lying outside the facility.
6
(c) City shall repair the facility if it is damaged by (1)
7 causes outside the facility over which Lessee has no control; (2)
8 acts or omissions of City or its authorized representatives; or
9 (3) City's failure to perform its obligations under this
agreement.
Lessee shall, and hereby agrees, to reimburse City
11 for City's total cost of repairs made necessary by the activities
14
15
12 and operations of Lessee, Lessee's agents, employees, contractors
13 or invitees.
34. Destruction.
(a) If, during the term of this agreement, the facility is
16 totally or partially destroyed from any cause, rendering the
17 facility totally or partially inaccessible or unusable and if,
18 with reasonable diligence, the restoration can be completed
19 wi thin ninety (90) working days after the date of destruction,
20 City shall restore the facility to substantially the same
21 condition as it was in immediately before destruction, and such
22 destruction shall not terminate this agreement.
23
(b)
If such destruction occurs during the playing season
24 of lessee, City shall have 15 calendar days following date of
25 destruction within which to notify lessee of City's determination
26 of its ability to repair the facility within the time set forth
27
28
JFW:br[Spirit11.Agm]
March 16, 1990
27
1
in subparagraph (a).
If such destruction occurs at any other
2 time, City shall have 30 calendar days within which to provide
3 such notice.
4
(c)
Upon notice that City in the reasonable exercise of
5 its discretion determines that restoration cannot be made in the
6 time stated in subparagraph (a). Lessee may then terminate this
7
agreement immediately by giving written notice to City.
If
8 Lessee fails to terminate this agreement, within 15 calendar days
9 of date of such notice, City, at its election, can either
10 terminate this agreement, or restore the facility wi thin a
11 reasonable time. If within 15 calendar days following date of
12 expiration of the period for lessee's notice of its election to
13 terminate, City notifies lessor of its intent to restore, this
14 agreement shall continue in full force and effect.
15
(d)
When such destruction occurs within ninety (90) days
16 of the last day of the then current baseball season, Lessee may
17 conduct the remainder of its home games during that season within
18 some other facility without impairment of any of its rights
19 hereunder.
20
(e) The time periods herein set forth shall not include
21 time for evaluation of loss by any insurer. Notice that a claim
22 for loss of facility is under evaluation by an insurer of the
23 facility shall toll the time for notice of intent to restore.
24 City shall not be responsible for any losses incurred by lessor
25 proximately arising from a delay in the restoration of the
26 facility which occurs for reasons beyond the control of the City.
27
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JFW:br[Spiritll.Agm]
March 16, 1990
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1
35. Time of Essence/Breach.
Where performance of a
2 covenant is specified herein to be on or before a certain date,
3
time shall be of the essence of said covenant.
Performance by
4 the Lessee of each and every condition, covenant or provision of
5 this agreement is material, the breach of which shall constitute
6 a material breach of this contract for which City's Director may
7 terminate this agreement; provided, however, that any such
8 termination by said Director shall not be effective until not
9 less than thirty (30) days after notice of termination by said
10 Director to the Lessee and said Director may withdraw and cancel
11
12 breach is cured within the thirty-day period; or (2) the nature
such termination if, in the sole discretion of City:
(1) the
13 of the breach is such that it cannot be cured within such thirty-
14 day period but the Lessee promptly commences to correct such
15 breach and proceeds to correct the same as promptly as reasonably
16 practicable.
17
36. Attorney's Fees/Legal Costs.
As between Lessee and
18 City, if any action at law or in equity shall be brought to
19 enforce or interpret the terms of this agreement, including costs
20
of reduction to
cash the proceeds of any security provided
21 hereunder, the prevailing party shall be entitled to recover from
22 the other party as part of the prevailing party's costs
23 reasonable attorney's fees, the amount of which shall be fixed by
24 the court and shall be made a part of any judgment or decree
25 rendered.
26
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JFW:br[Spiritll.Agm]
March 16, 1990
29
1
37. Waiver of Breach.
The waiver of any breach of any
2 term, covenant or condition herein contained shall not be deemed
3 to be a waiver of any subsequent breach of the same or any other
4 term, condition or covenant contained herein.
5
38. Surrender of Premises.
Upon the termination of the
6 term, Lessee shall surrender to City, the facility and all
7 Lessee's improvements and alterations, on good condition (except
8 for ordinary wear and tear occurring after the last necessary
9 maintenance made by lessee and destruction of the facility
10 covered by paragraph 34, except for alterations that Lessee has
11 the right to remove, or is obligated to remove, under the
12
provisions of paragraph 31.
Lessee shall remove all of its
13 personal property and perform all restoration made necessary by
14 the removal of said personal property and by the removal of any
15 alterations prior to the termination of the term of this
16 agreement.
17
18
39. Termination.
(a) The City may terminate this agreement for cause
19 including but not limited to, the following occurrences:
20
21
22
23
24
25
26
27
28
( 1 )
Any action taken or suffered by the Lessee
or shareholders of 40% or more under an insolvency or
bankruptcy act, including the appointment of a
receiver to take possession of all or substantially
all of the assets of the Lessee or shareholders of
40% or more.
JFW:br[Spiritll.Agm]
March 16, 1990
30
10
11
12
13
14
1
( 2 )
Any general assignment by Lessee or
2
shareholders of 40% or more for the benefit of
3
creditors.
4
(3) Loss of the franchise.
5
( 4 )
Sale, transfer or hypothecation of more
6
than 10% of the baseball franchise of 10% interest in
7
Lessee whether in a single or multiple transaction
8
during the term of this agreement.
9
(5) Lessee fails to provide the regular playing
of baseball games at Class A or above league level at
the facility for reasons other than loss or
destruction of the field or other impossibility,
including but not limited to a players strike.
15 on the part of the City, that this agreement is to be terminated
(b) The Mayor and Common Council is empowered to decide,
16 for cause and to furnish 30 days' written notice thereof to the
17
18
Lessee.
Lessee shall have the right to cure any default within
those 30 days.
Notice of termination shall be sufficient if
19 delivered personally or if deposited in the United States postal
20 service in a postage prepaid envelope addressed as follows unless
21 a different address shall have been furnished in writing by one
23
22 party to the other party:
24
25
26
27
28
AS TO CITY:
AS TO LESSEE:
Director
Parks, Recreation and
Community Services
547 North Sierra Way
San Bernardino, CA 92401
San Bernardino Baseball Club,
Inc.
Fiscalini Field
Post Office Box 30160
San Bernardino, CA 92413
JFW:br[Spirit11.Agm]
March 16, 1990
31
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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1
40. Effect of Termination.
2
(a) Upon termination of this agreement the following sums
3
4
shall immediately become due and owing from Lessee.
(1) The depreciated cost including cost of
5
installation and any debt incurred, of all capital
6
improvements provided by city under this agreement
7
and any preceding agreement. All provisions of that
8
portion of any Agreement which relates to the
9
construction and installation of capital improvements
and the recovery of the costs of same from Lessee is
by this reference incorporated herein.
These
include:
i) Increased seating;
ii) Clubhouse;
iii) Such other capital improvements
as may have been provided by the
City with the approval of Lessee.
This shall not include any
capital improvement which the
City had previously included in a
plan for the improvement of any
portion of the facility.
(2) Commencing on the date of installation of the
subject improvement, depreciation of that improvement shall
be calculated using the straight line method. All
JFW:br[Spiritll.Agm]
March 16, 1990
32
, ,
1
equipment and capital improvements shall have a 10-year
2
life for purposes of this section.
3
(3) Or, as an alternative to the amounts required by
4
subsection (1) above, the City shall be entitled to the
5
receipt of $200,000.00. The City shall be entitled to the
6
receipt of the Lessor of the two amounts.
7
( b )
Any other provisions of this agreement
8 notwithstanding, upon termination of this agreement City shall be
9 entitled to utilize any security in the manner as set forth at
10 Section 19 of this agreement.
11
12 other amounts due to City hereunder, City shall be entitled to
(c) Upon termination of this agreement, in addition to any
13 receipt of any unpaid rents for the remainder of the year during
14 which such termination occurs.
15
(d)
It is hereby agreed by lessee that if this agreement
16 is terminated because of the sale or transfer of Lessee or an
17 interest therein, City shall have a lien upon the proceeds of
18 such sale to the extent of its interest as described hereinabove
19
and under any provision of this agreement.
Provided that, with
20 the prior written approval of the Mayor and Common Council, the
21 lease is transferable with no penalties and on the same terms and
22 conditions or on such terms and conditions as shall be
23 established at the time of such proposed transfer.
24
25 considerations set forth herein, Lessee agrees to perform the
41. Community Service.
In addition to all other
26 following community services during the term of this agreement:
27
28
JFW:br[Spirit11.Agm]
March 16, 1990
33
10
.'
1
(a)
Conduct a minimum of two baseball clinics a year
2 without charge for children under the age of 18. Said clinics
3 are to be scheduled at the discretion of Lessee. Director shall
4 receive 60 days' prior written notice of the date of each clinic.
5
(b)
Lessee shall provide at least one public service
6 announcement on the reader board during each game. The message
7
shall be published without charge.
Said language shall be
8 approved by the Director.
9
(c)
Provide at no cost to the City, one 30-second radio
spot for each game played, whether at home or away.
This
11 requirement is contingent upon the team obtaining a contract for
12 the radio broadcast of its games.
13
14
15
42. Incorporation of Prior Agreements and Amendments.
This Agreement contains all agreements of the parties with
respect to any matter mentioned herein.
No prior agreement or
17
16 understanding pertaining to any such matter shall be effective
except as otherwise incorporated herein.
This agreement may be
18 modified in writing only, signed by the parties in interest at
19
the time of the modification.
This agreement shall not be
20 construed as requiring the City to make any expenditures, other
22
21 than as specifically set forth herein.
23 enforce the terms hereof or declare rights hereunder, including
43. Venue. If either Lessee or City initiate an action to
24 actions on any bonds and/or surety agreements, the parties agree
25 that the venue thereof shall be the County of San Bernardino,
26 State of California.
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
34
. .
,
.
1
44. Severability.
The invalidity of any provision of
2 this agreement, as determined by a Court of competent
3 jurisdiction, shall in no way affect the validity of any other
4 provision hereof.
5
45. Captions.
Paragraph headings in this agreement are
6 used solely for convenience, and shall be wholly disregarded in
7 the construction of this agreement.
8
46. Covenant and Conditions.
Each provision of this
10 and a condition.
9 agreement performable by Licensee shall be deemed both a covenant
11
47. Notice.
Except as otherwise provided herein, any
12 notice, statement, demand, request, consent, approval,
13 authorization, offer, agreement or communication, that either
14 party hereto desires, or is required to give to the other party,
15 shall be in writing and shall be sufficiently given and served
16 upon 'the other party if delivered personally, or if sent by
17 United States postal service, first class postage prepaid, and
18
addressed as specified in paragraph 39 above.
Ei ther party
19 hereto may change its address for purposes of this agreement by
21
20 giving the other party appropriate written notice of the change
of address.
Notice shall be deemed to be communicated within
22 forty-eight (48) hours of the time of mailing, if mailed to the
23 following:
24 / / /
25 / / /
26 / / /
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
35
, .
1
AS TO CITY:
AS TO LESSEE:
2
3
Director
Parks, Recreation and
Community Services
546 North Sierra Way
San Bernardino, CA 92401
San Bernardino Baseball Club,
Club, Inc.
Post Office Box 30160
San Bernardino, CA 92413
4
5
6
48. No Third Party Beneficiaries of Agreement.
Any
7 insurance coverage required herein is for the protection of City,
8
its officers, agents, employees, contractors, and invitees.
No
9 third party beneficiaries other than as specifically named herein
10 are contemplated under any provision of this agreement, nor is it
12
11 the intent of this agreement to create any right in same.
49. Vendor Consideration.
Lessee hereby agrees to give
13 serious consideration to vendors with principal offices in the
14 City of San Bernardino in the award of contracts for the
15 provision of goods and services.
16
17
50. Accounting.
( a )
Within sixty (60) days after the end of each
18 California League season during the term of this lease, Lessee
19 shall file with the Parks, Recreation and Community Services
20 Director of City, an accounting showing the gross receipts from
21 use of the facility as herein defined for each such California
22
League season.
Said accounting statement shall contain an
23 appropriate certification that all gross receipts of the previous
24 year have been duly and properly reported to City and that the
25 statements filed with the City are in accord with Lessee's
26
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
36
"
1 reports of profits and losses to its owners and its Federal
2 Income Tax Return.
3
(b)
Lessee shall make such accounting and give such
4 notices as are necessary to implement Section 5(a)(2)(a) of
5 Agreement entitled "Payment of Percentage of Gross Receipts".
6
51. Records.
7
(a) The term "records" as used herein shall include, but
8 is not confined to, sales slips, cash register tapes, bank
9 deposit receipts, sales tax returns, sales books, rent receipts,
10 sales contracts, service contracts, books and ledgers.
11
12 showing all of his business transactions conducted on or from the
(b) Lessee shall keep true and accurate books and records
13 premises in accounts separate from any other business which
14
Lessee may have or conduct.
All such records shall be retained
15 on the premises or at such other place in San Bernardino County
16 as is approved by City, provided that Lessee may temporarily
17 remove the same as may be necessary for legal or accounting
18 purposes.
19
20 at any reasonable time, from time to time, to examine and audit
(c) City shall have the right, after reasonable notice and
21 the books and records of Lessee and his sublessees,
22 concessionaires and licensees, including California Sales Tax
23 Records, and to make copies of same and of any written agreements
24 between Lessee and such sublessees, concessionaires, and
25
licensees of Lessee.
Providing further, that City reserves the
26 right to examine all such books and records at any time during
27
28
JFW:br[Spiritll.Agm]
March 16, 1990
37
10
11
12
13
14
15
16
17
18
19
20
21
22
.. '. .
, .
'. .
.
. .
1 the period following the regular baseball season (September
2 15th).
3
(d)
Lessee shall provide the City with all information
4 needed to exercise its rights under this section of agreement,
5 and shall not unreasonably withhold any requested information.
6
52.
Successors Bound.
This agreement shall be binding
7 upon and inure to the benefit of each of the parties and their
8 respective legal representatives, successors, heirs and assigns.
9
)
CITY OF SAN BERNARDIN
DATED:
//
ATTEST:
~~A~/
/ City Clerk
CLUB, INC.
S cretary
..e~AN .c>P -nI-e ~~iJ
BASEBALL NEGOTIATING TEAM
BY:10,QOJ/~-:PS~
Chairman
Approved as to form
and legal content:
JAMES F. PENMAN,
23 City Attorney
24
25
26
27
28
By: JL/~>:;
U
;k
e:-u,~
JFW:br[Spiritll.Agm]
March 16, 1990
38