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2005-375
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CANCELING THAT AGREEMENT APPROVED MARCH
18, 1996 BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER
CLUB FOR USE OF SOCCER FIELDS AT AL. GUHIN PARK AND AUTHORIZING
THE MAYOR OR HER DESIGNEE TO EXECUTE A NEW AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR A TEN
YEAR TERM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Agreement dated March 18, 1996, between the City of San
Bernardino and the Blast Soccer Club is hereby canceled for the use of soccer fields at Al
Guhin Park.
SECTION 2. The Mayor of the City of San Bernardino or her designee is hereby
authorized and directed to execute on behalf of said City an Agreement with the Blast Soccer
Club relating to use of soccer fields at Al Guhin Park, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 3. The permit authorized by this resolution shall not take effect until fully
signed and executed by both parties. Neither party shall be obligated hereunder unless and
until the permit is fully executed and no oral agreement relating thereto shall be implied or
authorized.
SECTION 4. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the
City Clerk within 60 days following effective date of the Resolution.
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2005-375
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CANCELING THAT AGREEMENT APPROVED MARCH
18, 1996 BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER
CLUB FOR USE OF SOCCER FIELDS AT AL GUHIN PARK AND AUTHORIZING
THE MAYOR OR HER DESIGNEE TO EXECUTE A NEW AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR A TEN
YEAR TERM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held on the 7th day of Nov",mhpr , 2005, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE --1L-
MCGINNIS ~
DERRY X
-
KELLEY -1L-
JOHNSON X
-
MCCAMMACK X
- 1J.~
~ City Clerk
The foregoing resolution is hereby approved this,//1)Ii. day of
November
2005.
~
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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2005-375
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CITY OF SAN BERNARDINO
THE BLAST SOCCER CLUB
USE OF FACILITIES AGREEMENT
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 ("PERMITEE") a permit for the construction and use of soccer fields and all
improvements, furnishings and equipment at Al Guhin Park (Facility), located at West
Little League Drive, generally west of Kendall Drive 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 of the Facility shall be used by PERMITTEE
for the purpose of youth soccer games, contests, practices, tournaments, clinics and
other related activities. Activities shall be limited to the scheduled time periods
specifically approved in writing by CITY. CITY reserves priority for use of facility
for a minimum of sixteen weekends. This includes but is not limited to: Celtic Cup,
California Youth Soccer Association - South State and National Cup scheduled for
four weekends in January, February, March and April.
a. CITY shall have access for additional eight- (8) weekends. PERMITTEE may
exercise first right of refusal for those additional eight (8) weekends for
tournaments and league play provided commitments are obtained and submitted
to CITY at least sixty (60) days in advance.
b. PERMITTEE may reserve Complex for the first weekend after New Year's and
the second weekend in March.
c. During these designated weekends used by CITY, CITY shall receive facility use
fees or their equivalent from tournament sponsors and hotel booking fees.
d. PERMITTEE shall have access to one (l) field for team practice or games on
days of CITY events.
e. CITY shall make best faith efforts to obtain tournament fee exemptions for at
least five (5) PERMITTEE teams for the Celtic Cup. PERMITTEE shall not
unreasonably withhold permission for use of Facility on other dates.
f. CITY shall not unreasonably withhold permission for PERMITTEE use of the
Facility for any of the above-designated dates of use if income-generating events
are not scheduled for those same dates.
g. On any and all days of CITY events, PERMITTEE shall be granted first right of
refusal to arrange for and receive revenue from:
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(1) Food and beverage, merchandise, entertainment and all other vendors
(2) Parking and/or admission fees, and;
(3) Any other income so determined in writing by mutual agreement between
both parties to this Permit.
h. On any and all days of CITY events, CITY shall be granted the right to arrange
for and receive revenue from:
(1) Facility Use Fees
(2) Sponsorships
(3) Any other revenue not granted to PERMITTEE.
i. CITY shall grant PERMITTEE the right to use a designated area in the adjacent
park for parking provided PERMITTEE shall pay for any and all supervision and
monitoring of compliance, improvements necessary for its use, and/or damages
resulting from its use. PERMITTEE shall present a written plan for this parking
area development and receive written approval of plan from CITY prior to
development. CITY shall place "No Parking" signs along frontage road in front of
the facility and adjacent park, subject to approval by City Traffic Engineer.
PERMITTEE shall, upon demand by CITY based upon anticipated development,
immediately remove those same improvements at its own expense and in a timely
manner.
2. Transferabilitv. The terms and conditions of this Agreement shall apply to any other
CITY site that may become the PERMITTEE's primary practice and game facility,
with the exception of the San Bernardino Soccer Complex.
3. Improvements. PERMITTEE shall not erect or alter or cause or allow to be erected or
altered any structures or improvements without first submitting written plans and
specifications and receiving prior written approval by 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.
4. Schedule of Use. PERMITTEE shall submit to CITY a written schedule of use of the
Facility for the entire year with periodic updates to be submitted in writing at least
monthly.
5. Fees. PERMITTEE Fees shall be commensurate with the CITY fee policy for the
San Bernardino Soccer Complex unless otherwise agreed to in writing. This includes
but is not limited to parking fees, facility use fees, food, merchandise and
entertainment vendor fees.
6. Maintenance and Ooeration.
a PERMITTEE is solely responsible for the cost of structural and field
maintenance, repair, development and operation of the Facility, meeting standards
and practices approved by CITY. This includes but is not limited to:
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administration, staffing, contracting, mowing, irrigation, fertilization, weed
control, pest control, trash and garbage collection, sewer, electrical power, gas,
security, equipment, furnishings and supplies, lighting, striping and placement of
goals, comer flags, water utilities, and all other appurtenances thereto.
b CITY shall be responsible for payment of water use, not to exceed 38,000 hcf per
year. PERMITTEE shall be responsible for any additional charges and shall
make payment in a timely manner as determined by the City of San Bernardino
Parks, Recreation and Community Services Department. Any past due charges for
water utilities by PERMITTEE shall be cured prior to execution of this
agreement.
c For CITY use of Facility as per Section 1. above, CITY shall be responsible for
striping, placing of comer flags and goals during those events. However, CITY
may arrange for PERMITTEE to provide this service at a cost of forty-five dollars
($45.00) per field. For CITY use of Facility as per Section 1. above, CITY shall
be responsible for trash pick-up and cleaning of bathrooms during those events.
However, CITY may arrange for PERMITTEE to provide trash pick up and
cleaning of bathrooms at an additional cost of thirty-five dollars ($35.00) per
field.
7. Use and Eniovment. PERMITTEE shall comply with each and every law and
regulation of the State, County and CITY and shall not cause or permit waste, injury
to or destruction of the premises, property and improvement. PERMITTEE shall not
commit or suffer to be committed any nuisance or other act or thing which may
disturb the quiet enjoyment of any property owner or tenant in the vicinity wherein
said premises are situated.
8. Concession Rights. PERMITTEE shall be granted the right and privilege to operate
and maintain either directly or via contract concessions for the sale of food and
beverage, merchandise and entertainment at the Facility during PERMITTEE's
scheduled uses in accordance with Section 4. above. All concessions shall conform to
all federal, state, county and municipal laws, ordinances and regulations in every
respect. The handling of all edible merchandise shall be subject to state, county and
local health and sanitation requirement. Soft drinks shall be dispensed in paper cups
or cans, rather than glass bottles or other containers. 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. CITY reserves the right to select
food, merchandise and entertainment vendors for CITY events held at the Facility as
defined in Section 1. above.
PERMITTEE shall obtain any required permits or licenses which may be required
from the CITY, and/or County of San Bernardino Health Department pertaining to
the food and beverage concession located at the San Bernardino Soccer Complex or
any other venue designated as part of this Agreement, and/or any other permits or
approvals required by any governmental agency having jurisdiction thereof. If
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applicable, PERMITTEE shall display an active County Health Deparbnent permit
for PERMITTEE services rendered under this AGREEMENT and it shall be
prominently displayed in a conspicuous place at the location(s) offood service.
9. Cleanliness. PERMITTEE shall keep the premises clean at all times while in use.
The following represent minimum acceptable standards of restroom cleanliness.
· sweep up any paper debris
· scrub fixtures
· remove any matter from fixture surfaces
· wash down floor
· empty trash cans
· remove any graffiti
· stock restroom w/toilet paper and paper towels
PERMITTEE must complete restroom clean up by lOam the day following any event
at the Soccer Complex (i.e. if an event concludes on Sunday, the restroom facility
must be cleaned by lOam the following Monday.)
No offensive 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 or other activities. PERMITTEE shall arrange for and pay
all costs associated with refuse services for their operations and activities.
10. Eouioment. Furnishin2s and Exoendables. Any equipment and furnishings by
PERMITTEE 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, 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 not to exceed thirty (30) days to make such removals as hereinafter provided.
11. Maintenance of Eouioment. PERMITTEE shall provide all maintenance, repair and
service required for equipment used in its operations whether owned by PERMITTEE
or CITY. The CITY may direct PERMITTEE to perform necessary repairs and
maintenance to PERMITTEE owned equipment. No equipment provided by CITY
shall be removed or replaced by PERMITTEE without the prior written consent of
CITY. Any equipment moved in by CITY for CITY use, that may cause problems to
PERMITTEE in its operation, shall be removed by CITY within thirty (30) days after
written notice.
12. Security. PERMITTEE shall be responsible for its own security program during all
activities, except during CITY events as per Section 1. above.
13. Insoection. CITY and/or its designee may perform inspection of Facility at any time.
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14. Utilities, All utilities including: water, electrical, sewerage and gas pertaining to
Facility shall be the sole responsibility of PERMITTEE during the term of this Permit
except as otherwise noted in this document.
15. Lighting. All lighting of the fields 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. PERMITTEE shall monitor the use of lights to
enforce this policy.
16. Assignability. PERMITTEE shall not assign this permit, or any interest therein, and
shall not sublet the premises or any part thereof, or any right or privilege appurtenant
thereto, or suffer any other person (the agents and representatives 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, save 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 PERMmEE while exercising the rights granted under this permit. In addition,
PERMmEE shall keep the permitted premises free from any and all claims of
persons or firms or corporations, who at the request of PERMmEE or
PERMITTEE's contractor, enter the premises for any purpose related to the
construction, planning, development, operation or maintenance of the Facility.
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 the
above activities. Such Release and Waiver of Liability and Indemnity Agreement is
included herewith as an Attachment.
18. Attorney's Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorney's fees, incurred
by the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary,
and expenses of the City Attorney and members of his office in enforcing the
Agreement on behalf of the City shall be considered as "attorney's fees" for the
purposes of this paragraph.
19. Liability 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 insurance policies shall name the City of San Bernardino as
an additional insured and shall provide coverage for CITY's contingent liability on
such claims or losses. An appropriate certificate of insurance shall be furnished to
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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 coverage
described herein above within reasonable limits, and to require additional riders or
provisions 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.
20. Advertisement. PERMITTEE may place upon the premises approved signs,
billboards, banners, poster or advertising of products or services related to
PERMITTEE operations and needs. CITY reserves the right to review and approve
any and all advertisements as defmed herein. CITY may place banners, posters,
flyers, etc. for CITY events and other times as deemed necessary and appropriate by
CITY.
21. Term. The term of this permit shall be for a period of ten (10) years, effective
November_, 2005 through November ,2015. Upon expiration of this permit,
PERMITTEE shall have the option to renew for an additional ten years (10) year
period subject to a CITY evaluation that determines that such renewal is in its best
interests and in accordance with terms and conditions most favorable to CITY as
determined by CITY. This option to renew shall expire and be of no force and effect
if not exercised within thirty- (30) day 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.
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
PERMITTEE shall remove personal property within thirty (30) days of the date of
termination and if not so removed within the said period shall be deemed abandoned.
23. Amendment. This permit may be amended or modified in writing by CITY and such
amendment shall be effective when communicated to PERMITTEE.
24. Effect of Waiver. CITY's waiver of breach of one term, covenant, or condition of
this permit is not a waiver of breach of others, nor of subsequent breach of the one
waived.
25. Notices. All notices herein required shall be in writing and delivered in person or
sent by certified mail, postage prepaid, addressed as follows:
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City of San Bernardino
Director of Parks, Recreation and Community Services
547 North Sierra Way
San Bernardino, CA 92410-4816
The Blast Soccer Club
125 West Jackson Road
San Bernardino, CA 92408
26. Non-Discrimination. In connection with the use of the premises, PERMITTEE and
its employees or agents or any firm, person or concessionaire using the premises shall
no discriminate against any person because of race, creed, color, sex, age, 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.
~~rms and co~f this Recreational Use Permit are hereby agreed to this
day of 11)1/ , 2005.
Nothing in this paragraph shall prevent the giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year set forth at the beginning of this Agreement.
ATTEST:
By~h.~
Rac Clark, City Clerk
Title
~<Ol-.~
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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