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HomeMy WebLinkAbout1987-002 1 RESOLUTION NO. 87-2 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., 3 RELATING TO THE USE ~F FISCALINI FIELD. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with San Bernardino Baseball Club, Inc., relating to the 9 use of Fiscalini Field, a copy of which is attached hereto, marked 10 Exhibit "A" and incorporated herein by reference as fully as Il though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a reaular meeting thereof, held on l5 the 5th day of January 1987, by the following vote, 16 to wit: 17 AYES: Council Members Reilly. Marks, Ouiel. Frazier. 18 Strickler 19 NAYS: Council Members Estrada. Hernandez 20 ABSENT: None 21 Jli 22 City Clerk 23 The foregoing resolution is reby approved this 8th day 24 of January . 1987. - 25 yor of he City of San Be nardino 26 Approved as to' form: 27 ~~~7(/~~~ 28 City Attorney 17/24/86 .,.. ] TABLE OF CONTENTS 2 Page No. 3 1. Premises 2 4 2. Lease Granted 2 5 3. Term of Lease 2 g 4. Use of Facility by Lessee for Non-Baseball Related Activities 3 7 5. Payment by Lessee to City. 4 8 6. Quality of Operations 6 9 7. Employees 6 10 8. Nondiscrimination by Lessee 6 ll 9. Lessee Rights and Status 7 ]2 10. Assignment Prohibited 7 13 11. Subleases, Concessions, Licenses, 14 Contracts 7 15 12. Advertising 7 16 13. Access to Premises 8 17 14. Community Uses 9 18 16. Parking Lot Rates 10 19 17. Indemnification and Hold Harmless 10 20 18. Liability Insurance Coverage 11 21 19. Surety 13 22 20. Workers' Compensation Insurance Coverage 15 23 21. Evidence of Coverage 16 24 22. City Not a Bailee 18 25 23. Possessory Interest Tax 18 26 24. Compliance With Orders, 27 Ordinances and Laws 18 28 1 25. Liens and Encumbrances 18 2 26. Capital Improvements 18 3 27. Staffing and Cleanup 21 4 28. Utilities and Additional Services 21 5 29. Security 22 6 30. Maintenance and Repair 23 31. Alterations 24 8 32. Construction Bond Requirements 24 9 33. Structural Restoration and Repair 25 10 34. Destruction 25 11 35. Time of Essence/Breach 26 ]2 36. Attorney's PeeslLegal Costs 27 13 37 • Waiver of Breach 27 14 38. Surrender of Premises 27 15 39. Termination 28 16 40. Effect of Termination 29 1~ 41. Community Service 30 18 42. Incorporation of Prior Agreements and Amendments 31 19 43. Venue 31 20 44. Severability 31 21 31 45. Captions 22 46. Covenant and Conditions 32 23 47. Notice 32 24 48. No Third Party Beneficiaries 25 of Agreement 32 26 49. Vendor Priority 32 27 50. Accounting 33 28 i i ' 1 51. Records 33 2 3 4 5 6 i 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l A G R E E M E N T 2 TAIS AGREEMENT i executed at San Bernardino, California, 3 this ~c"5J~-day of 198, by and between the 4 CITY OF SAN BERNARDINO a Charter City (hereinafter "City"), SAN 5 BERNARDINO BASEBALL CLUB, INC., a California corporation 6 (hereinafter "Lessee"). 7 W I T N E S S E T A: 8 WHEREAS, the City Council of the City of San Bernardino has 9 the authority to enter into a Lease Agreement regarding all or 10 any portion of City-owned property devoted to park, amusement or 11 recreation purposes; and 12 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, capital improvements as specified herein must be 23 made to Fiscalini Field to facilitate its operation as a 24 professional baseball field; and 25 WHEREAS, City desires to contract with Lessee for Lessee to 26 operate the facility in accordance with the provisions 27 hereinafter contained and, the Lessee desires to contract with 28 1/5/87 1 ., ~, 1 the City for the privileges granted under said Lease as 2 hereinafter contained; 3 NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 4 1. Premises. City, for and in consideration of the 5 covenants, conditions, agreements and stipulations herein set 6 forth, does hereby grant Lessee the right to utilize Fiscalini 7 Field, as shown on exhibit "A" attached hereto and by this 8 reference made a part hereof, hereinafter referred to as 9 "facility". 10 2. Lease Granted. This Agreement is made for the purpose 11 of granting Lessee the nonexclusive use of the facility. No 12 professional or semiprofessional baseball team shall be permitted 13 to conduct games at facility during the term of this Lease except 14 with the express written consent of Lessee. 15 3. Term of Lease. 16 (a> The aforementioned lease shall commence on February 17 10, 1987, and terminate on September 15, 1989, subject, however, 18 to earlier termination as hereinafter provided. 19 (b) The costs of capital improvements to be provided by 20 City pursuant to this agreement will not be completely amortized 21 over the three-year term of this agreement. It shall, therefore, 22 be a breach of this agreement under Section 39 hereof for Lessee 23 and City to fail on or before July 1, 1989 to enter into good 24 faith negotiations for an extension of the term of this 25 agreement. 26 (c) For purposes of this agreement "enter into good faith 27 negotiations" means the City and Lessee, or such representatives 28 1/5/87 2 1 as they may designate, shall have the mutual obligation 2 personally to meet and confer within 10 days upon request by 3 either party and continue for a reasonable period of time in 4 order to exchange freely information, opinions, and proposals, 5 and to endeavor to reach agreement on matters within the scope of 6 this Lease Agreement prior to the expiration of the term of such 7 lease. 8 4. Use of Facility by Lessee for Non-Baseball Related 9 Activities. 10 (a) City agrees that Fiscalini Field shall be made 1] available to Lessee not to exceed 15 days in each calendar year 12 during the term of this agreement for non-baseball related 13 activities. The schedule, events and sale of alcohol at such 14 events shall be subject to City Council approval. Request for 15 such an approval shall be made ninety days in advance of any such 16 activity. 17 (b) Notwithstanding any other terms of this agreement, lg Lessee shall bear all costs of the non-baseball activities in the 19 manner as set forth in Section 27 paragraphs b and c and Section 20 29 of agreement. Said costs shall not include the cost of 21 utilities for the event in the manner as hereinafter provided for 22 baseball games. 23 (c) In addition to any other sums set forth herein, Lessee 24 shall pay to the City 58 of the gross receipts received by Lessee 25 for each such non-baseball activity. 26 5. Payment by Lessee to Citv. 27 28 1/5/87 3 1 (a) Gu n ed M'nim m Waal Fee. Lessee agrees to pay 2 to the City as fees for the lease herein granted for the use of 3 Fiscalini Field a minimum annual fee of 535,000 for the use of 4 the facility in the period February 10, 1987, to September 15, 5 1987; 536,775 for the period February 10, 1988, to September 15, 6 1988; and, 538,550 for the period February 10, 1989 to September ~ 15, 1989. 8 1. Pavment. 9 All payments required hereunder are due and owing as 10 of April 1, of each year of term. Said payment of same shall be Il made in equal monthly installments for six months beginning on 12 April 1 of each such year. Failure by Lessee to make monthly 13 payments in the amount of and at the times hereinabove specified 14 shall constitute material breach of this agreement. 15 (b) ~rcentage of Gross Receipts. 16 (1) In addition to any other sums set forth herein, 17 Lessee shall pay to City the following: 18 Five percent of any amounts in excess of lg 5560,000 gross receipts, less "trade outs" as that term is used 20 in the trade, received by Lessee from any use permitted by this 21 agreement in each calendar year 1987, 1988 and 1989. 22 (2) For the purpose of this agreement, the term 23 "gross receipts" shall mean all money received by or paid to the 24 Lessee from the entire operation of the facilities, including but 25 not limited to agreement use charges (admission fee, etc.), group 26 user fees, refreshment concession, souvenir concession and 27 advertising revenues. For purpose of this agreement, "gross 28 1/5/87 4 1 receipts" does not include other things of value which may be 2 received by Lessee. Reference is hereby specifically made to 3 "trade outs" as being excluded from the definition of "gross 4 receipts." 5 Each transaction on credit or installment shall be treated 6 as a transaction for the full price in the calendar year in which 7 the sale is made. 8 Any reference in this paragraph to sublessees, 9 concessionaires, or licensees of Lessee shall not be deemed to be 10 an authorization for any subletting or granting of concessions or ll licenses by Lessee with respect to the premises. 12 2. Payment of Percentage of Gross Receigts. 13 (a) Lessee shall notify City in writing within 14 thirty (30) days of date of the last game of Lessee's season as 15 to whether gross receipts from the uses permitted under this 16 agreement total 5560,000. On that date Lessee shall pay to City 17 such sums as have accrued to City from such gross receipts as per 18 this agreement. 19 (b) Charqes on Past-Due Payments--Liquidated 20 Damages. If Lessee fails to make the payments set forth 21 hereinabove by the due dates set out herein, Lessee shall pay a 22 charge on such past-due amounts at the prime rate plus 28 and no 23 less than 108 per annum adjusted as of April 1 of each year. 24 This provision shall not be deemed as a forebearance on the 25 payments of such amounts, and City retains any and all remedies 26 for nonpayment of such amounts. This provision is an estimate of 27 the anticipated damage to be suffered by City for nonpayment of 28 such amounts. 1/5/87 5 1 6. Quality of Operations. The Lessee shall, at all times, 2 operate the facilities in a good businesslike manner and incident 3 thereto render to the public using said facilities, efficient and 4 courteous service. In the event that the Director of Parks, 5 Recreation and Community Services (hereinafter "Director") g reasonably finds that service rendered by the Lessee is 7 substandard or that any other provisions of the lease herein 8 given are not being adequately performed or complied with, the g Lessee upon being advised of the nonperformance or noncompliance 10 shall correct any such violation, deficiency or omission within 10 days of such notice. Where such notice is as to a matter 12 respecting health and safety, corrections shall be made within 24 ]3 hours. 14 7. Employees. Any and all personnel, including employees, 15 agents and representatives of Lessee and City, and all 16 independent contractors of Lessee, in conducting the operations 17 of facility, shall be qualified to perform the duties assigned to 18 them and shall be of good moral character. Said personnel shall 19 be neatly attired and shall conduct themselves at all times in a 20 courteous and businesslike manner. All personnel at the facility 21 shall be covered under the Workers' Compensation Act of the State 22 of California. Lessee shall require that any employee, agent or 23 licensee of any independent contractor of Lessee performing work 24 at the facility be covered by the Workers' Compensation Act of 25 the State of California. 26 8. Nondiscrimination by Lessee. Lessee and City shall not 27 in the performance of service under this agreement discriminate 28 1/5/87 6 1 against any employee or applicant for employment because of sex, 2 race, color, creed, or national origin, and shall not 3 discriminate in the providing of service hereunder against any 4 person on the basis of sex, race, color, creed, or national 5 origin. 6 9. Lessee Rights and Status. 7 (a) The rights herein given to the Lessee is a lease 8 subject to the terms and conditions set forth herein. 9 (b> in addition, the Lessee, his agents, contractors, and 10 employees shall be at all times independent contractors and shall 11 not be considered agents or employees of the City. 12 10. Assignment Prohibited. The rights and privileges given 13 to the Lessee are not assignable in whole or in part or by 14 operation of law and any such attempted assignment shall be l5 invalid and of no legal force or effect. This provision may be 16 waived only with the express written consent of the Mayor and 17 Common Council of the City of San Bernardino. 18 11. Subleases. Concessions. Licenses Contracts. The 19 provisions of Section 10 shall not prohibit Lessee from entering 20 into concessions, licenses or contracts for the operation of any 21 portion of the business conducted on the premises. Each 22 concession, license or contract that is entered into by Lessee 23 shall be subject to the provisions of this agreement. A copy of 24 any concession license or contract shall be placed on file with 25 Director. 26 12. Advertising. Lessee shall have the right to sell, 27 display and maintain advertising on the inside of the outfield 28 1/5/87 7 1 fence of the facilities, scoreboard, and on signs which may be 2 attached by Lessee to the back of the bleachers on the premises. 3 No political advertising or advertising detrimental to the 4 welfare of children shall be permitted under this agreement. 5 13. Access to Premises. 6 (a) Lessee shall have full and unimpaired access to field 7 facilities at all times between February 10 and September 15 of 8 1987, 1988 and 1989 and year-round access to Lessee's front 9 office. 10 (b) During the above times, City and its authorized 11 representatives shall have the right to enter the facilities at 12 all reasonable times for any of the following purposes: 13 1. To determine whether the premises are in good 14 condition and whether Lessee is complying with its obligations 15 under this lease. Lessee shall be given 24 hours' notice of the 16 intent of the City to enter the premises for the purposes 17 specified in this paragraph. City further agrees not to enter 18 the premises for the purposes specified in this paragraph at such 19 times and in such manner as to interfere with Lessee's use of the 20 premises, and to otherwise refrain from making an unreasonable 2l number of such entrances. 22 2. To do any necessary acts, not inconsistent with 23 the provisions of this agreement, including maintenance, and any 24 restoration to the facilities that City has the right or 25 obligation to perform. 26 3. To use the areas designated on Exhibit "B" for 27 park storage. 28 1/5/87 8 l 4. Special events including but not limited to Twin 2 County All-Star Baseball Series, C.I.F. High School Playoffs, et 3 cetera. 4 14. Community Uses. 5 (a) Lessee shall have the right of approval of all 6 contracts, licenses or permits entered into by the Director for ~ the use of the facilities, between February 10 and September 15, 8 1987, 1988, 1989 at reasonable times by community groups. 9 Lessee shall have the right of first refusal for use of facility 10 and shall use its best efforts to satisfy the needs of the 11 general public for the use of the facility by agreeing to permits 12 for available dates and times to California State University, San 13 Bernardino "Coyotes" baseball team, and Twin County Baseball 14 Series and C.I.F. High School Playoffs and thereafter to the 15 general public on a first come, first serve basis. I6 (b) During the term of agreement Lessee shall have the 17 right of first refusal as to the operation of all concessions 18 during any and all events in facility. Director shall notify 19 Lessee of any planned community event at least 60 days prior to 20 date of such event. Lessee shall thereafter have 30 days in 21 which to notify Director in writing, of its intent to refuse the 22 operation of concessions for that event. City shall be entitled 23 to 58 of the gross receipts from all concessions conducted 24 pursuant to this provision. 25 15. Lessee shall not use the premises, any part thereof, 26 or permit them to be used for any purpose or purposes other than 27 as specified herein. Lessee shall not do or permit any act or 28 1/5/87 9 1 thing to be done upon the premises which constitutes a nuisance 2 or which may unreasonably disturb the quiet enjoyment of City or 3 any resident of City on adjacent or neighboring property. Lessee 4 further agrees, within 72 hours from receiving written notice by 5 the City that a nuisance exists, to abate or otherwise cause said 6 nuisance to be cured. in the event Lessee has not (a) taken 7 corrective action within 72 hours, or (b) filed an appeal with 8 the Mayor and Common Council within 72 hours, then City may enter 9 and abate said nuisance at the expense of the Lessee without any 10 liability whatsoever to City for monetary loss or anticipated 11 profits of Lessee or others. An appeal to the Mayor and Common 12 Council must be made in writing and be received by the City 13 Clerk, San Bernardino, California, within 72 hours after Lessee 14 received notice of said nuisance. 15 16. Parking Lot Rates. Lessee shall not charge for use of 16 the facility parking lot except by specific resolution of the 1~ Mayor and Common Council of the City of San Bernardino. 18 17. Indemnification and Hold Harmless. The Lessee shall 19 and hereby agrees to defend, indemnify, save and hold harmless 20 the City, its agents, officers, employees, contractors and 21 invitees from any and all losses or damage and from any and all 22 liability, suits, actions or claims brought or made by any person 23 or persons, arising or resulting from any and all activities and 24 operations of Lessee, Lessee's agent, employees, contractors or 25 invitees in and about the premises and/or arising out of the use 26 of said facilities by Lessee, Lessee's agents, employees, 27 contractors or invitees and for injury or damage to persons or 28 1/5/87 10 1 property about or within said facilities while Lessee, Lessee's 2 agents, employees, contractors or invitees are occupying said 3 facilities for any reason or in any fashion. 4 18. Liability Insurance Coveraoe. 5 (a) The Lessee, at Lessee's own cost and expense, shall 6 maintain throughout the term of this agreement: ~ 1. A policy or policies of Comprehensive Liability 8 insurance with a minimum limit of liability of one million 9 dollars (51,000,000) Combined Single Limit for bodily injury and 10 property damage with an aggregate minimum limitation liability of Il five million dollars (55,000,000) and including the following 12 coverages: 13 a. Premises Operations Including Alterations 14 (for sports events and stadiums). The only exclusion which the 15 City shall accept to this coverage is that which excludes bodily 16 injury to athletic participants only and which in no way excludes 1~ spectators. This coverage shall also provide coverage for the 18 continual use of office space at the premises. 19 b. Broad Form Contractual Liability. 20 c. Broad Form Property Damage. 2l d. Products Liability (for the sale of 22 souvenirs, athletic equipment and for the sale of food and 23 .drink). 24 e. Personal Injury and Coverages a, b and c 25 listed above. 26 f. In the event Lessee engages or subcontracts 27 any advertising or broadcasting, then a policy of advertising and 28 1/5/87 11 1 broadcasters liability insurance shall be provided either by 2 Lessee or by said subcontractor with minimum limits of 3 51,000,000. 4 g. Open Air Parking (for which a charge is 5 made). 6 h. Liquor Legal Liability with a minimum limit 7 of 51,000,000. 8 i. Fire Legal Liability with a minimum limit 9 of 51,000,000. 10 j. Vendors' Coverage (provided on an "if any" 1] basis as commonly used in the insurance industry; that is, if 12 there is any exposure to the risk during the policy period). 13 2. A policy or policies of Comprehensive Vehicular 14 Liability insurance with a minimum limit of liability of One 15 Million Dollars (51,000,000) Combined Single Limit for bodily 16 injury and property damage with an aggregate minimum limit of 17 liability of five million dollars (55,000,000) and which includes 18 coverage for non-owned and hired vehicles and which provides 19 Uninsured Motorist coverage according to minimum state 20 requirements. in the event Lessee acquires owned or leased 2l vehicles, then Lessee shall immediately obtain equivalent 22 coverage for such vehicles. 23 (b) Each policy providing coverage as required by 24 subparagraph (a) above, must have endorsements providing: 25 1. That the City of San Bernardino, its officers, 26 agents, employees, contractors and invitees are additional 27 insured as respects the use of the facilities. 28 1/5/87 12 1 2. That the insurance provided by the policy shall 2 be primary insurance as respects any other valid and collectible 3 insurance the City of San Bernardino may possess and that any 4 other insurance the City does possess will be considered excess 5 only. 6 3. That the policy will act to cover each insured 7 and each additional insured as though a separate policy were 8 written for each. 9 4. That no less than thirty (30) days' written 10 notice will be given to the Risk Manager, City of San Bernardino, ll 300 North D Street, San Bernardino, California 92418, before l2 cancellation or reduction in coverage for any reason. ]3 (c) If the Lessee engages another party to provide the 14 operation of refreshment, souvenir and/or other concessions, as 15 permitted hereinabove, the Licensee shall also cause that party 16 or parties so engaged, at said party's or parties' own cost and 17 expense, to obtain and to keep in force throughout the term of 18 this agreement, a policy or policies of public liability 19 insurance (including products liability coverage) separately 20 providing limits and coverage as aforesaid arising out of each 21 such concessionaire's operations. Before any person other than 22 Lessee operates any refreshment, souvenir or other concession, 23 Lessee shall notify City of the name and business addresses of 24 such concessionaire, and obtain and file with City such 25 concessionaire's policy and/or certificates as are herein 26 specified. 27 19. Suretv. 28 1/5/87 13 1 (a) Prior to the February 10, 1987 commencement of this 2 agreement, Lessee shall present to City, in a form acceptable to 3 the City Attorney, a security in the form of an assignment of a 4 total and unencumbered interest in the California League Division 5 "A" baseball franchise currently held by San Bernardino Baseball 6 Club, Inc. Said assignment shall be taken by the City at any 7 time before the expiration of this lease when the lease is cause 8 to be terminated for reasons which are no fault of the City. 9 This includes termination for the reasons specified in Section 39 10 hereof. Said assignment shall also be taken at such time as 1] there has been a breach of Section 3(b) hereof through no fault 12 of the City. 13 (b) The assignment shall be executed by all holders of an 14 interest in San Bernardino Baseball Club, Inc, and their spouses, 15 as individuals. It shall also be signed by appropriate officials l6 of the California League and such other officials as are 17 necessary to effectuate such assignment. 18 (c) Upon the occurrence of any event giving rise to the 19 City's right to utilize such security, City may take the 20 assignment of the franchise and sell same on the open market. 2l Any proceeds of such sale in excess of the sums then due and 22 owing by Lessee to City, which shall include the costs of such 23 sale, shall be returned to Lessee. 24 (d) City's right to take the assignment and sell the 25 franchise shall accrue upon the occurrence of any material breach 26 of this agreement by Lessee, including those occurrences giving 27 rise to termination set forth in Section 39 hereof and where a 28 1/5/87 14 1 breach of Section 3(b) occurs through the action or inaction of 2 Lessee. 3 (e) City shall retain said surety in full as set forth 4 above, but in no event shall the City be required to apply the 5 same on use fees or other charges in arrears. However, the City 6 may so apply said security at its option. In no event shall said 7 security be returned until Lessee has made payment in full for 8 the City's costs of providing the seating and clubhouse described 9 herein or until the full term of the agreement has expired. The 10 full term of the agreement is understood to be the term of lease 11 as set out in paragraph 3(a) hereinabove. 12 (f) It is expressly understood and agreed that the fact 13 that City holds such security does not impair or affect in any 14 manner the right of the City in event of default on the part of 15 Lessee to terminate this agreement and reenter and take 16 possession of said facility as hereinabove provided, or to 17 maintain an action at law for the recovery of any consideration 18 that may be due or unpaid under this agreement. Should any of 19 the fees herein reserved be due and unpaid, or should Lessee be 20 in default of any of the other obligations herein undertaken, 2l City may, at its option, claim the security. 22 20. Workers' Compensation Insurance Coverage. 23 (a) The Lessee, at Lessee's sole cost and expense, shall 24 provide, pay for and maintain throughout the term of its lease, a 25 policy providing workers' compensation insurance coverage with 26 the statutory limits of liability as set forth by the laws of the 27 State of California, and including not less than $500,000 28 1/5/87 15 1 Employer's Liability, applicable to employees, agents, and 2 volunteers of Lessee, sub-lessees, or assignees. 3 (b) The policy shall be endorsed to waive the right of 4 subrogation against the City. The policy also shall be endorsed 5 to provide that not less than thirty (30) days' written notice G shall be given to the Risk Manager, City of San Bernardino, 300 North D Street, San Bernardino, California 92418, before 8 cancellation or reduction in coverage of any nature or for any 9 reason. 10 21. Evidence of Coverage. ll (a) Except as otherwise provided herein, each policy 12 obtained by the Lessee to comply with the provisions of this 13 agreement must have an effective date no later than the 14 commencing date of this agreement and the named insured on each 15 policy must be identical to the Lessee in this agreement. The 16 Lessee agrees to furnish evidence, acceptable to the City, that 17 the insurance requirements of this agceement have been fulfilled. 18 Such evidence is to be placed on file by the Lessee with the Risk 19 Manager, City of San Bernardino, 300 North D Street, San 20 Bernardino, California 92418. 21 (b> No occupancy or use of City's property or facilities 22 shall be made by the Lessee, Lessee's agents, contractors, 23 employees or invitees, under the provisions of this agreement 24 until evidence acceptable to City's Risk Manager that the 25 aforesaid insurance requirements have been fulfilled has been 26 received by the Risk Manager. Each policy, binder or certificate 27 of insurance, is subject to the approval of City's Risk Manager 28 1/5/87 16 1 as to content, form and issuing company. Should any of the 2 insurance requirements set forth in this agreement not be g fulfilled by the Lessee in a manner acceptable to City's Risk q Manager as provided in this agreement, said Risk Manager may 5 purchase any or all of the insurance required to correct such g deficiencies and the Lessee and individuals agree that the 7 premium incurred therefor shall constitute an additional fee to g be paid by the Lessee to the City upon demand. g (c) On or before February 10, 1987, or after the date of 10 execution of this agreement by the City, whichever is later, a certified, true and correct copy of each policy providing all or 12 part of the liability insurance coverage required by Paragraph 18 13 above, together with all required endorsements, and a certificate 14 of insurance together with the required endorsement for the 15 workers' compensation coverage required by Paragraph 20 above, 16 must be received directly from the issuing company by the Risk ]7 Manager. 18 (d) During the first thirty (30) days of coverage of any 19 policy obtained by the Lessee to fulfill requirements of this 20 agreement, evidence may be in the form of an insurance binder; 21 provided that any suvh binder must include language to fulfill 22 the requirements, including endorsement requirements, in addition 23 to the normally accepted items in a binder, such as, but not 24 limited to: coverage, limits of liability, date coverage was 25 effective, expiration date of binder, name of insuring company 26 and signature of authorized company representative. 27 28 1/5/87 17 1 22. City Not a Bailee. It is further hereby understood 2 and agreed that the City in no way purports to be a bailee and is 3 in no way responsible for lost, stolen or damaged property. 4 23. Possessorv Interest Tax. Lessee hereby acknowledges 5 and understands that this agreement may create a possessory 6 interest subject to property taxation pursuant to California 7 Revenue and Taxation Code Section 107, and that Lessee may be 8 subject to payment of property taxes levied on such interest, and 9 that such tax payment shall not reduce any monies due the City 10 hereunder and any such tax shall be the liability of and be paid ll by the Lessee. l2 24. Compliance With Orders, Ordinances and Laws. The 13 Lessee shall fully comply with all Federal, State and local laws, 14 statutes and ordinances; all orders of the Health Officer of the 15 County of San Bernardino; all directives of the Director; and 16 shall grant access for inspection purposes of any authorized 17 representative of the State Board of Health or the County's 18 Health Officer, or any authorized representative of the Director. 19 25. Liens and Encumbrances. Lessee shall keep the 20 premises and all structures and improvements situated thereon 21 free from any liens or encumbrances arising out of any work 22 performed, material furnished, or obligations incurred by Lessee, 23 or from any other cause. 24 26. Capital Improvements. 25 (a) City agrees: In contemplation of this agreement, City 26 hereby agrees to use its best effort to provide the following 27 capital improvements to facility. 28 1/5/87 18 1 1. Clubhouse - City will construct on the grounds of 2 facility a clubhouse. Said clubhouse shall be approximately 3 2000 square feet of usable space and shall also be outfitted with 4 toilets, showers and lockers. The clubhouse shall be constructed 5 according to the plan attached hereto as Exhibit "B" and by 6 reference made a part hereof. 7 2. City hereby agrees to construct on the grounds of 8 facility the following types of seating in the following amounts: 9 (i) Approximately 800 theater seats 10 (ii) Approximately 700 bench seats 11 3. Further, City will relocate the existing 1280, 12 more or less, bleacher seats currently in place to increase ]3 playing field visibility and to accommodate additional 14 improvements to the facility. 15 4. City hereby agrees to provide utility lines to 16 the scoreboard and illuminating signs. 17 5. City will install necessary sewer facilities, if 18 needed, to service the clubhouse. 19 6. City will provide an operational sound system at 20 facility. Lessee shall provide consultation for the purchase and 2l installation of the sound system. 22 7. City shall not expend more than 5380,000 to 23 provide the seating and clubhouse promised under this agreement. 24 (b) Lessee agrees: In contemplation of this agreement, 25 Lessee agrees to: 26 1. Erect dugout improvements at facility for both 27 home and visiting teams. 28 1/5/87 19 1 2. Obtain and place a scoreboard to specifications 2 to be approved by Director. Said scoreboard shall contain a 3 "reader board" for the conveyance of messages. ¢ 3. Erect additional fencing as needed. "Need" shall 5 be determined jointly by the Director and the Lessee except as a g matter of public safety determined solely by Director. ~ 4. All construction, equipment, and maintenance g required of the Lessee shall meet all requirements of the g departments of health, building, and fire of the City at all 10 times, and all new construction shall be coordinated and approved 11 by the Director of Public Works/City Engineer. 12 5. All capital improvements provided hereunder by 13 the Lessee shall have the prior written approval of the Director. 14 6. All capital improvements provided hereunder shall 15 become the property of the City. Upon termination of this 16 agreement for reasons as set forth in Sections 3(b) and 39 hereof, or for any other reason set forth herein, City shall ]g recover its costs for all capital improvements made hereunder in 19 the manner set forth in Section 19 hereof. 20 (c) Rent for Use of Clubhouse. 2l In addition to any other sums which they are required 22 to pay pursuant to the agreement, Lessee agrees to pay to City a 23 rent of fifteen hundred dollars (51,500.00) per month for use of 2¢ clubhouse facilities by Lessee. Lessee shall pay a minimum of 25 59,000.00 per year rental for use of such by Lessee. All rent 26 shall be due and owing on April 15 of each year. Payment of the 27 minimum rent may be made in six equal installments beginning on 28 1/5/87 20 ' 1 April 15 of each year during the term of this agreement and 2 thereafter on the 1st day of each month. Payments for any 3 additional months of rent shall be due and owing on the 1st day q of the month following that in which the rent accrues. One day's 5 use of the facility creates the obligation to pay for the entire 6 month. Lessee shall be entitled to year-round use of the storage 7 area as shown on Exhibit "B" at no additional cost. g 27. Staffing and Cleanup. g (a) Lessee shall provide all event personnel, including, 10 without limitation, ticket sellers, ticket takers, ushers, 11 clubhouse matrons, clubhouse janitors, medical persons, 12 switchboard, sound and scoreboard persons, and other supervisory 13 Personnel, and all other personnel reasonably necessary for the 14 operation of the premises for the events held therein. The 15 number and type of such personnel shall be based upon the number 16 of spectators and the type of event. 17 (b) Lessee shall be responsible for the cost of event lg cleanup including equipment removal in excess of a base figure 19 for such costs to be established by the City. Notice of the base 20 figure shall be given to Lessee in writing on or before March 15 21 of each year. 22 (c) If City should provide any of the labor or services 23 described in subparagraphs (a) and (c) above in an amount above 24 the base figure, Lessee and Individuals shall reimburse City for 25 its labor, materials, supplies and administrative overhead costs. 26 28. Utilities and Additional Services. 27 28 1/5/87 21 (a) City shall make arrangement for and pay fox all 1 utilities and services furnished to or used at facilities for any 2 use covered by the agreement including, without limitation, gas, 3 electricity, water, and trash collection, and for all connection 4 charges. Any cost over and above the base figure for cost of 5 utilities for a baseball game shall be paid by Lessee. Notice of 6 the base figure shall be given by Director to Lessee on or before 7 March 15 of each year. Lessee shall be responsible for all costs 8 of telephone service including connection fees, service charges 9 and user taxes. 10 (b) At Lessee's request, City may provide, at the sole Il discretion of the Director, or her designee, additional services 12 and supplies in support of the presentation of any of the events 13 herein contemplated. Lessee shall reimburse City for the labor, 14 15 materials, supplies and administrative overhead costs incurred in providing such services and supplies. 16 17 29. Security. Lessee shall be responsible for providing 1$ all reasonably necessary security at each and every event held at 19 the facility under the provisions of this agreement. The number 20 and type of such personnel shall be based upon the type of event 2l and the number of spectators in determining reasonably necessary 22 security. 23 30. Maintenance and Repair. 24 (a) Lessee agrees to maintain all equipment at facility. 25 City agrees to maintain all capital improvements at facility, 26 save that City shall not be responsible for the scoreboard to be 27 provided by Lessee until such time as such scoreboard is owned 28 1!5187 22 1 free and clear by the City. Lessee shall be responsible for 2 maintenance of the scoreboard until such time as the scoreboard 3 is the unencumbered property of the City. 4 1. Lessee agrees to accept facility with such 5 capital improvements as is promised herein by the City. City 6 agrees to provide existing and new improvements and to maintain 7 the facility as specified herein. in the event, and at the time 8 that additional and/or new equipment other than as specified 9 herein is necessary for the smooth operation of facility, Lessee 10 shall, at Lessee's sole cost and expense, purchase such 11 additional and/or new equipment. Such equipment is to remain the 12 personal property of Lessee. 13 2. Upon expiration of the term of this agreement, 14 election to terminate by either Lessee or City, or upon the 15 termination of this agreement pursuant to any provision of 16 termination herein contained, Lessee and City may agree that City 1~ may purchase, for an amount to be agreed upon by Lessee and City, 18 any and all equipment purchased at Lessee's cost for use in the 19 operation of the facility which does not otherwise automatically 2U become the property of the City under some other provision of 2l this agreement. 22 (c) Routine Maintenance and Repairs. City shall maintain, 23 in good and safe condition, all portions of the facility. City's 24 routine maintenance shall include, without limitation, and shall 25 not be limited to: replacing light bulbs in floodlights, field 26 lights and security lighting; manual broom or vacuum cleaning the 27 parking lot, grandstand and bleachers, and cleaning the public 28 1/5/87 23 1 restrooms; repair of asphalt surfaces including parking lot and 2 driveways; landscape maintenance to include fertilization and 3 weed control around the perimeter of the facility and both sides 4 of perimeter fencing; all aspects of playing field maintenance; 5 bleacher repairs; irrigation system repairs including water 6 fountains; plumbing repair such as sewage stoppages; electrical 7 repairs including junction box blowouts and painting for cosmetic 8 purposes. 9 31. Alterations. 10 (a) Except as otherwise specifically provided herein, 11 Lessee shall not make any structural or nonstructural alterations 12 to the facility without the City's consent. The Director may act l3 for the City in giving such consent. 14 (b) City may elect, within thirty (30) days before the 15 expiration of the term, to require Lessee to remove any 16 alterations that Lessee has made to the facility. If City so 1~ elects, Lessee, at its cost, shall restore the facility to the 18 condition it was in at the commencement of the term less normal 19 wear and tear, within sixty (60) days after notice of election is 20 given. 21 32. Construction Bond Requirements. In the event that 22 alterations are made by Lessee in accordance with the provisions 23 of this agreement or in the event that individual maintenance and 24 repairs exceeding Five Thousand and No/100 Dollars (85,000.00) 25 are made by Lessee as a requirement of this agreement, Lessee 26 shall provide such faithful performance bonds, payment bonds and 27 labor and material bonds as City may demand and the terms and 28 1/5/87 24 1 provisions of the construction or maintenance contract to 2 accomplish any such alterations, maintenance or repairs to the 3 facility shall be subject to the approval of the Director and the 4 City Attorney. 5 33. Structural Restoration and Repair. City, at its cost, g shall repair, replace, and maintain the structural integrity of 7 the following: g (a) The structural parts of the building and permanent g fixtures and other improvements that are a part of the facility, 10 including, without limitation, the foundations, bearing walls, 1] subflooring, ceiling, roof, window frames, (not including screens 12 and panes), gutters and downspouts, light poles, grandstands, 13 concession stands and backstop. 14 (b) The unexposed electrical, plumbing and sewage systems, 15 including, without limitations, those portions of the systems 16 lying outside the facility. 1~ (c) City shall repair the facility if it is damaged by (1) 1$ causes outside the facility over which Lessee has no control; (2) 19 acts or omissions of City of its authorized representatives; or 20 (3) City's failure to perform its obligations under this 21 agreement. Lessee shall, and hereby agrees, to reimburse City 22 for City's total cost of repairs made necessary by the activities 23 and operations of Lessee, Lessee's agents, employees, contractors 24 or invitees. 25 34. Destruction. 26 (a) If, during the term of this agreement, the facility is 27 totally or partially destroyed from any cause, rendering the 28 1/5/87 25 1 facility totally or partially inaccessible or unusable and if, 2 under the existing laws, the restoration can be completed within 3 ninety (90) working days after the date of destruction, City ¢ shall restore the facility to substantially the same condition as 5 it was in immediately before destruction, and such destruction 6 shall not terminate this agreement. ~ (b) if the restoration cannot be made in the time stated 8 in this paragraph, then within fifteen (15) days after the 9 parties determine that the restoration cannot be made in the time 10 stated in this paragraph, Lessee can terminate this agreement 11 immediately by giving notice to City. if Lessee fails to 12 terminate this agreement, and if restoration is permitted under 13 the existing laws, City, at its election, can either terminate 14 this agreement, or restore the facility within a reasonable time, 15 and this agreement shall continue in full force and effect. If 16 the existing laws do not permit the restoration, either party can 1~ terminate this agreement immediately giving notice to the other 18 party. 19 (c) When such destruction occurs within 90 days of the 20 last day of the then current baseball season, Lessee may conduct 2l the remainder of its home games during that season within some 22 other facility without impairment of any of its rights hereunder. 23 35. Time of Essence/Breach. Where performance of a 24 covenant is specified herein to be on or before a certain date, 25 time shall be of the essence of said covenant. Performance by 26 the Lessee of each and every condition, covenant or provision of 27 this agreement is material, the breach of which shall constitute 28 1/5/87 26 1 a material breach of this contract for which City's Director may 2 terminate this agreement; provided, however, that any such 3 termination by said Director shall not be effective until not 4 less than thirty (30) days after notice of termination by said 5 Director to the Lessee and said Director may withdraw and cancel 6 such termination if, in the sole discretion of City: (1) the ~ breach is cured within the thirty-day period; or i2) the nature 8 of the breach is such that it cannot be cured within such 9 thirty-day period but the Lessee promptly commences to correct 10 such breach and proceeds to correct the same as promptly as 11 reasonably practicable. 12 36. Attorney's Fees/Legal Costs. As between Lessee and 13 City, if any action at law or in equity shall be brought to 14 enforce or interpret the terms of this agreement, including costs 15 of reducing to cash the proceeds of any security provided 16 hereunder, the prevailing party shall be entitled to recover from 17 the other party as part of the prevailing party's costs 18 reasonable attorney's fees, the amount of which shall be fixed by 19 the court and shall 6e made a part of any judgment or decree 20 rendered. 21 37. Waiver of Breach. The waiver of any breach of any 22 term, covenant or condition herein contained shall not be deemed 23 to be a waiver of any subsequent breach of the same or any other 24 term, condition or covenant contained herein. ~r 38. Surrender of Premises. Upon termination of the term, 26 Lessee shall surrender to City, the facility and all Lessee's 27 improvements and alterations, in good condition (except for 28 1/5/87 27 ordinary wear and tear occurring after the last necessary 2 maintenance made by Lessee and destruction of the facility 3 covered by paragraph 35, except for alterations that Lessee has ¢ the right to remove, or is obligated to remove, under the 5 provisions of paragraph 32 Lessee shall remove all of its g personal property and perform all restoration made necessary by 7 the removal of said personal property and by the removal of any g alterations prior to the termination of the term of this g agreement. 10 39. Termination. 1] (a) The City may terminate this agreement for cause 12 including but not limited to, the following occurrences: 13 1. Any action taken or suffered by the Lessee or 14 shareholders of 258 or more under an insolvency or bankruptcy 15 act, including the appointment of a receiver to take possession 16 of all or substantially all of the assets of the lessee or 17 shareholders of 258 or more. 18 2. Any general assignment by Lessee or shareholders 19 of 258 or more for the benefit of creditors. 20 3. Loss of the franchise. 21 4. Failure to comply with Section 3(b) of agreement 22 prior to July 1, 1989. 23 5. Sale, transfer or hypothecation of more than 108 24 of the baseball franchise or 108 interest in Lessee whether in a 25 single or multiple transaction during the term of this agreement. 26 This prohibition does not apply to interest in Lessee, which 27 interests are in the process of being sold, transferred or 28 hypothecated on the effective date of this agreement. 1/5/87 28 1 6. Lessee fails to provide the regular playing of 2 baseball games at Class A or above league level at the facility 3 for reasons other than loss or destruction of the field or other 4 impossibility. 5 (b) The Mayor and Common Council is empowered to decide, 6 on the part of the City, that this agreement is to be terminated 7 for cause and to furnish 30 days' written notice thereof to the 8 Lessee, Lessee shall have the right to cure any default within 9 those 30 days. Notice of termination shall be sufficient if 10 delivered personally or if deposited in the United States postal 11 service in a postage prepaid envelope addressed as follows unless 12 a different address shall have been furnished in writing by one 13 party to the other party: 14 Director San Bernardino Baseball Club, Parks, Recreation and Inc. 15 Community Services Fiscalini Field 547 N. Sierra Way P. O. Box 30160 16 San Bernardino, CA 92401 San Bernardino, CA 92413 17 40. Effect of Termination. l8 (a) Upon termination of this agreement the following sums 19 shall immediately become due and owing from Lessee. 2U 1. The depreciated cost including cost of 2l installation and any debt incurred, of all capital improvements 22 provided by City under this agreement. These include: 23 a. Increased seating; 24 b. Clubhouse; 25 c. Such other capital improvements as may have been 26 provided by the City with the approval of Lessee. 27 28 1/5/87 29 1 2. Depreciation shall be calculated using the 2 straight line method. All equipment and capital improvements 3 shall have a 10-year life for purposes of this agreement. 4 (b) Upon termination of this agreement City shall be 5 entitled to utilize any security in the manner as set forth at g Section 19 of this agreement. ~ (c) Lessee hereby agrees that upon the termination of this g agreement for any reason, that highest priority shall be given to g the debts owed the City by Lessee. 10 (d) It is hereby agreed by Lessee that if this agreement is terminated because of the sale or transfer of Lessee or an ]2 interest therein, City shall have a lien upon the proceeds of 13 such sale to the extent of its interest as described hereinabove 14 and under any provision of this agreement. Reference is hereby 15 specifically made to those provisions of the agreement requiring 16 Lessee to reimburse City for its costs for maintenance and 17 related services above a base figure for such services. Provided 18 that, with the prior written approval of the Mayor and Common 19 Council, the lease is transferable with no penalties and on the 20 same terms and conditions. 21 41. Community Service. In addition to all other 22 considerations set forth herein, Lessee agrees to perform the 23 following community services during the term of this agreement: 24 (a) Conduct a minimum of two baseball clinics a year 25 without charge for children under the age of 18. Said clinics 26 are to be scheduled at the discretion of Lessee. Director shall 27 receive 60 days' prior written notice of the date of each clinic. 28 1/5/87 30 1 (b) Lessee shall provide at least one public service 2 announcement on the reader board during each game. The message 3 shall be published without charge. Said language shall be 4 approved by the Director. 5 (c> Provide at no cost to the City, one 30-second radio 6 spot for each game played, whether at home or away. This ~ requirement is contingent upon the team obtaining a contract for 8 the radio broadcast of its games. 9 42. Incorporation of Prior Agreements and Amendments. 10 This Agreement contains all agreements of the parties with 11 respect to any matter mentioned herein. No prior agreement or 12 understanding pertaining to any such matter shall be effective. 13 This agreement may be modified in writing only, signed by the 14 Parties in interest at the time of the modification. This 15 agreement shall not be construed as requiring the City to make 16 any expenditures, other than as specifically set forth herein. 1~ 43. Venue. If either Lessee or City initiate an action to 18 enforce the terms hereof or declare rights hereunder, including 19 actions on any bonds and/or surety agreements, the parties agree 20 that the venue thereof shall be the County of San Bernardino, 21 State of California. 22 44. Severability. The invalidity of any provision of this 23 agreement, as determined by a Court of competent jurisdiction, 24 shall in no way affect the validity of any other provision 25 hereof. 26 45. Captions. Paragraph headings in this agreement are 27 used solely for convenience, and shall be wholly disregarded in 28 the construction of this agreement. 1/5/87 31 I 1~ 46. Covenant and Conditions. Each provision of this 2 agreement performable by Licensee shall be deemed both a covenant 3 and a condition. 4 47. otice. Except as otherwise provided herein, any 5 notice, statement, demand, request, consent, approval, 6 authorization, offer, agreement or communication, that either 7 party hereto desires, or is required to give to the other party, 8 shall be in writing and shall be sufficiently given and served 9 upon the other party if delivered personally, or if sent by 10 United States postal service, first class postage prepaid, and ll addressed as specified in paragraph 39 above. Either party 12 hereto may change its address for purposes of this agreement by 13 giving the other party appropriate written notice of the change 14 of address. Notice shall be deemed to be communicated within 15 forty-eight (48) hours of the time of mailing, if mailed to the 16 following: 17 Director San Bernardino Baseball Club, Inc. Parks, Recreation and Fiscalini Field 18 Community Services P. 0. Box 30160 547 N. Sierra Way San Bernardino, CA 92413 19 San Bernardino, CA 92401 20 48. N~ Third Party Beneficiaries of Agreement. Any 2l insurance coverage required herein is for the protection of City, 22 its officers, agents, employees, contractors, and invitees. No 23 third party beneficiaries other than as specifically named herein 24 are contemplated under any provision of this agreement, nor is it 25 the intent of this agreement to create any right in same. 26 49. Vendor Prioritv. Lessee hereby agrees to give to P 27 28 1/5/87 32 priority to vendors with principal offices in the City of San 2 Bernardino in the award of contracts for the provision of goods 3 and services. 4 50. Accounting. 5 (a) Within sixty (60) days after the end of each g California League season during the term of this lease, Lessee 7 shall file with the Parks, Recreation and Community Services $ Director of City, an accounting showing the gross receipts from 9 use of the facility as herein defined for each such California 10 League season. Said accounting statement shall contain an Il appropriate certification that all gross receipts of the previous 12 year have been duly and properly reported to City and that the 13 statements filed with the City are in accord with Lessee's 14 Federal Income Tax return and Lessee's State of California Sales 15 Tax Records. 16 (b) Lessee shall make such accounting and give such 17 notices as are necessary to implement Section 5(a)(2)(a)of 18 Agreement entitled "Pavment of Percentage of Gross Receipts". 19 51. Records. 20 (a) The term "records" as used herein shall include, but 2l is not confined to, sales slips, cash register tapes, bank 22 deposit receipts, sales tax returns, sales books, rent receipts, 23 sales contracts, service contracts, books and ledgers. 24 (b) Lessee shall keep true and accurate books and records 25 showing all of his business transactions conducted on or from the 26 premises in accounts separate from any other business which 27 Lessee may have or conduct. All such records shall be retained 28 1/5/87 33 . ., 1 on the premises or at such other place in San Bernardino County 2 as is approved by City, provided that Lessee may temporarily 3 remove the same as may be necessary for legal or accounting 4 purposes. 5 (c) City shall have the right, after reasonable notice and 6 at any reasonable time, from time to time, to examine and audit 7 the books and records of Lessee and his sublessees, 8 concessionaires and licensees, including California Sales Tax 9 Records, and to make copies of same and of any written agreements 10 between Lessee and such sublessees, concessionaires, and Il licensees of Lessee. Providing further, that City reserves the 12 right to examine all such books and records at any time during 13 the period following the regular baseball season (September 14 15th). 15 (d) Lessee shall provide the City with all information 16 needed to exercise its rights under this section of agreement, 17 and sh lI ~ot unreasonably withhold any requested information. 18 Dated: '/ S ~ CITY F SAN BERNARDINO 19 ATTEST: r B ~ ~ 20 V y NAYO 21 City Clerk 22 23 / / / / / 24 25 26 27 28 1/5/87 34 ., 1 SAN BERNARDINO BASEBALL CLUB, INC. 2 3 gy~,~~~W,nw,~,~ )hnuuY~r,~n~ 4 Secretary 6,'1'10. 5 6 BASEBALL NEGOTIATING TEAM 7 8 BY S E MA , Chairman 9 10 Approved as to form: 11 12 13 City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/5/87 35 +~_, ~ . ~ A~,e~gON + ST. cZn ,~ ~~''~r ~ ~b ~ S t ,~ ~ ~'__ ~ s N ~ ~ ~ a ~ 4. ~~, ~ yy t~ S.b ~b ~ a~ ~ ~ ba ~ ~ 0 '~~ ~' ~ ~ry ~ ~ ~ 1 V ~r '~ -" D,,prVE ~ -~ .~-- ® 1 ~ ~ \ ~ '~_ ~ r x ti ~ ~ x r- 1 0~: ~, Z ~VN~ SIC a'9~~•L,s'X,Z i ~ do-r"'~ ~.cs.yxf - i ~ ~~-l~/,~! ~ "r~~~ , : -~ / NECOIIINi AEOIIESiEA II AND WHEN RETARDED AUIL TO qtr.., A•grns , \ re ~ Gb swe L J SPACE ABOVE THIS LINE FOR RECORDER'S USE POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That I, BARRY AXELROD the undersigned (jointly and severally if more than one, hereinafter collectively "principal"), hereby make, constitute and appoint WILLIAM SHAN HAN principal's true and lawful attorney to act for principal and in principal's name, place and stead and for principal's use and benefit: (a) TO Execute any Agreement and/or Lease and attendant documents regarding lease of Fiscalini Field by San Bernardino Baseball Club, Inc. from City of San Bernardino. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as principal might or could do if personally present, hereby ratifying and confirming all that our said attorney in fact shall lawfully do or cause to be done by authority hereof. Wherever the context so rflquires, the singular number includes the plural. WITNESS my hand this~..+: day of J 19 87 STATE OF CALIFORNIA ss COUNTY OF San Diego On January 2 , 19 8 7 , before me, the undersigned, a Notary Public in and for said State, personally appeared - Barry Axelrod known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. i c"~ '.~ OFFICIAL SEAL 2•2 (Seal) ~ $~„'? PAMELA D. DUKE i Notar Public in and for said State. Z (,', :, ~ ~l : ^ Notary PublicCalifornia y s Xo~P.;° Principal Office to j o „ San Oiego Counry "'~ My Comm. Exp. Apr. 27, 1990 ~ POWER OF piTORNEY~SPEAd ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Qlgsegn,?~ lam covers mon usual prohlame in the IiNU indalM. &Me you sign, rase il, hll m all tanks, Intl nghe WOLCOTTS FORM H06-Rev S~BO changes proper to your Iransxlwn. ConsWl a lavryer if you Oou01 IM Mm's hlness for your purpose. 1980 WOlC0ii5. INC.