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Home My WebLink About2006-258 . ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. 2006-258 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment No.2 to the Lease between the City of San Bernardino and the San Bernardino Stampede, Inc" a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully 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 The authorization to execute the above referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III 25 III 26 27 28 III 1 2 3 4 5 6 7 10th day of RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC. I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Mayor joint and Common Council of the City of San Bernardino at aregular meeting thereof, held on the July , 2006, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA ---X- 10 11 12 MCGINNIS 13 14 15 16 17 18 19 20 21 22 23 BAXTER x x DERRY x KELLEY x JOHNSON x MC CAMMACK x .Gl~./J.~ Cit}clerk I ~+^- The foregoing resolution is hereby approved this day of July 2006. ~~ City of San Bernardino 24 Approved as to Form: 25 26 27 28 JAMES F. PENMAN, City key L- By: ;, () 2006-258 AMENDMENT NO.2 TO LEASE WHEREAS, the parties hereto agree to amend this Lease which shall be to the benefit of both parties; and WHEREAS, this amendment shall not affect the rights and obligations of the parties hereto, including the right to pursue any legal or equitable remedy to enforcement of the terms and conditions of the Lease; Now, therefore, the Lease dated June 18, 1996, and amended on January 24, 2002, by and between the City of San Bernardino (hereinafter referred to as "City") and San Bernardino Stampede, Inc., now known as the Inland Empire 66ers Baseball Club of San Bernardino, Inc. (hereinafter referred to as "Tenant"), is hereby amended effective July II, 2006 as follows: Section 1. Section 5.04 of the Lease IS hereby amended to now read as follows: 5.04 Tenant shall use its best efforts to control the conduct, demeanor and appearance of its officers, agents, employees, representatives, customers, guests, invitees, contractors and others doing business with it upon the premises. For events which Tenant is responsible, Tenant shall have employees at the Stadium capable of communicating instructions to persons occupying the Stadium during events provided for in this Lease and to reasonably offer safety directions to those occupants, including, but not limited to, the direction of an evacuation in the event of emergency. Tenant shall be responsible for groundskeeping on a year-round basis, using employee(s) and/or contractor(s) that are under the direct supervision of the Tenant and shall be experienced in the care and maintenance of professional baseball fields. Tenant shall assure that professional standards are maintained. The City shall credit Tenant $80,000 each year of this lease, beginning on December 31,2006. Thereafter, said amount shall be increased yearly by the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers, Los Angeles-Riverside-Orange County, All Items, (1982-1984=100) ("CPI") from December of the previous year through November of the current year (equally a twelve-month period). For illustration, the credit increase for 2007 shall be the percentage increase in CPI from December 2006 through November 2007. 7/5120062:47 PM " 2006-258 5.04.1 City agrees to negotiate with Tenant at a time agreed to by the parties for the use of groundskeeping equipment owned by the City, either by purchase or lease at a fair market value with the option to purchase, subject to the limitations of the City Charter and the San Bernardino Municipal Code. 5.04.2 The City and Tenant are aware and acknowledge the playing field must be maintained to a standard as required by Class A professional baseball, Major League Baseball, the National Association and the California League. If, due to unavoidable or unforeseen circumstances, the Tenant is unable to perform the groundskeeping services described herein, the City agrees to negotiate with Tenant for the performance of said services. Section 2. Section 21.0 of the Lease IS hereby amended to now read as follows: 21.01 Except as specifically provided in this section or in subsection 21.03 below, City shall, at its sole cost and expense and at all times, keep the Stadium and every part thereof in good order, condition and repair, structural and non-structural whether or not such portion of the Stadium is requiring repair, or the means of repairing the same, are reasonably or readily accessible to City, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the premises. Said maintenance and repair shall be at a level which satisfies the standards for Class A professional baseball facilities imposed by Major League Baseball, the National Association and the California League, and any successors thereto, local building codes and ordinances, and any changes which may occur in any of those from time to time. Without limiting the generality of the foregoing, City shall maintain all equipment or facilities serving the Stadium, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, wall (interior and exterior), sound system, backstop, stadium seats, foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about, or adjacent to the Stadium. Tenant shall be responsible for maintenance and repair of the playing field, and the routine 7/5120062:47 PM 2 " 2006-258 maintenance of the dugouts,. Tenant further agrees to take down the backstop prior to a non-baseball event and raise the backstop upon the completion of the non-baseball event. Tenant continues to assume no liability regarding the backstop as the City shall maintain responsibility for inspection and repair of said backstop. City shall provide a 24 hour "on call" maintenance representative seven days per week. 21.01.1 The City and Tenant acknowledge that a portion of the field maintenance credit described in Section 5.04 was to include the installation and/or repair of the stadium seats. The City hereby agrees to continue the duties of installation and repair of the stadium seats as needed. The City shall be credited a flat rate of $40.00 for each seat that is replaced or repaired. The total amount credited to the City shall be deducted against the field maintenance credit. The total amount to be credited to the City for stadium seat replacement/repair shall not exceed $10,000 annually without further agreement of the parties, although said credit may be less than that amount. Section 3. Section 21.02 of the Lease is hereby amended to now read as follows: 21.02 Tenant shall provide routine maintenance after baseball events, as follows: Tenant shall remove debris from seats, walkways, grandstand and bleachers, skyboxes, office space, and ticket booth. Tenant shall clean public restrooms, remove debris from the playing field and parking lots, and maintain the playing field, including groundskeeping, lining, and the preparation of the field for play by professionally trained groundskeeper. The playing field shall be maintained in accordance with industry standards. The City shall, clean parking lots and make repairs required for operation of the Stadium such as repair of asphalt surface, irrigation system repairs, plumbing repairs, electrical repairs and painting for cosmetic purposes. III III III 7/512006 2:47 PM 3 \ 2006-258 SIGNATURE PAGE TO LEASE AMENDMENT DATED:~,2006 APPROVED AS TO FORM: es F. Penman ity Attorney DATED: A If ( ,2006 7/5/20062:47 PM CITY OF SAN BERNARDINO B~ M or Patr' k J. Morris ATTEST: ~~ );2, (!~ Rachel Clark, City Clerk INLAND EMPIRE 66ERS BASEBALL CLUB AN BERNARDINO, INC. By: ~ Name: ;D,.q v/D G. ElmoY'e. Title: (~(h-, 4