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HomeMy WebLinkAbout64-Parks and Recreation 1:1 JIll 1 - f;>SDCCt" (J. .... ~,. l "\1\ ~~'..,j@~ "'UlI.OED ,....... o 0 AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to YO:Jth soccer ..... pkayI' o -1~ American Youth Soccer Organization Region 130 - San Bernardino P.O. Box 2930 San Bernardino, California 92406 City of San Bernardino The Honorable Mayor and Common Council Care of: City Administrator 300 North 0 Street San Bernardino, Californ1a 92418 August 2, 1988 To whom it may concern, We, the American Youth Soccer Organization - Region 130, would like help from the City of San Bernardino to alleviate the costs of maintaining the soccer fields located at, AYSO PARC, 3228 East Pacific Avenue, San Bernardino, California. We would like the Honorable Mayor and the Common Council to consider our requests at the next Common Council meeting. We are a Non-Profit Corporation which is dedicated to teaching soccer to the youth in the City of San Bernardino. We enroll approximately one thousand to one thousand five hundred players each year. The majority of our games are played at AYSO PARC in the Fall and Spring seasons. Our enrollment has been declining over the past three years due to high registration costs. The major portion of these costs arise from the maintenance of the soccer fields. We would like help from the City of San Bernardino in the following areas: 1, We would like the soccer fields mowed by the City of San Bernardino. 2. We would like the irrigation system on the soccer fields maintained by the City of San Bernardino. 3. We would like the City of San Bernardino to pay for the water used to irrigate the soccer fields. 4, We would like the lights on the soccer fields maintained and repaired by the City of San Bernardino. 5. We would like the City of San Bernardino to pay for the electricity used by the lights on the soccer fields. 6. We would like to have input into future planing recreational parks and facilities that are developed by San Bernardino. of other the City of ;:Q ,., (") ? I SO> o :I: z C "'f1 7' If you have any questions, Thank You, ~ 887-9507.,... ~ then please call me at (714) ~;r:!rf Regional Commissioner I c..,) ~ of:" o 1.D ...- . f.' . 1* ! ) /ll'. 1,-," l/ I, cc: Ms, Annie Ramos, City of San Bernardino Parks and Recreation II - - . ~~OCCt" #. , f':.\l', ~~I~I "'OllNDED ,"'..... o 0 AMERICAN YOUTH SOCCER ORGANIZATiON a nonprofit corporation dedicated to youth soccei' ..... "'0 o AYSO Region 130 P.O. Box 2930 San Bernardino, CA 92406 City of San Bernardino The Honorable Mayor and Common Council 300 North D Street San Bernardino, CA 92418 August 9, 1988 To the Honorable Mayor and Common Council, We have enclosed information that might be helpful to you in considering our request, letter dated August 2, 1988, for financial assistance for the maintenance of AYSO PARCo Our major concern is the mowing of the soccer fields at AYSO PARCo Since we received notification, on June 15, 1988, that the City Parks and Recreation Department would no longer mow the fields, we have been looking into alternate ways of having the fields mowed. Since our season begins in September, this is a critical item to us. We apologize for not submitting a complete package to you at this time, but we have a very short time to solve this problem. Thank you for your feel that this would San Bernardino. time and understanding on these matters. We be beneficial to the youth in the City of Sincerely, &ncr,~ ~o;gr Itaya Regional Comm ssioner {~ ' ,..t)J I" 4 L! ~OCCt" 4.,-" 4'~ \ i' ~!ll " ;, r.. I i ...~ ~~ '" '0'" OQNOEO \' o 0 AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer ...... pIGyI. o AYSO REGION 130 BUDGET 1988 FALL SOCCER SEASON Dec., 1987 INCOME Registration fees Sponsor contributions Fund raisers Concession stand 50/50 raff I e Fireworks booth Dance $34,750.00 7425.00 $4,800.00 1,800.00 18,000.00 3.600.00 28,200.00 28,200.00 200.00 Interest Tota I Income: $70,575.00 EXPENSES AYSO Inc. Fees Fund raiser supplies Concession stand 50/50 raffle Fireworks booth Dance $7,000.00 $2,500.00 200.00 12,000.00 3.200.00 17,900.00 17,900.00 3,000.00 2,.250.00 2,500.00 13,800.00 500.00 2,225.00 13,800.00 3,060.00 7,200.00 700.00 Pictures Trophies Playing equipment Uniforms Coaches training Referee training & uniforms Water-fields Electricity-lights Irrigation maintenance Postage Total Expenses: $71,235.00 To ta I Income Total Expenses $70,575.00 71. 235.00 Net Profit or (Loss> ($860.00> ~.r-~ ~.j o o o ORIGIf~L > j. \ AMENDMENT NO.3 TO LEASE AGREEMENT (Highland Jr. High Athletic Fields) The Lease Agreement between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and the AMERICAN YOUTH SOCCER ORGANIZATION, dated December 3, 1982 is hereby amended in the following manner: 1. Exceptions: Paragraph 2 is hereby amended to read: Term. The tera of this lease shall be for a period of five (5) years, commencing on November 3, 1987 and ending on November 2, 1992. This lease may be extended for two additional five (5) year periods for a maximum total of twenty (20) years upon written .utual agreement of the parties hereto. . Paragraph 3 is hereby amended to read: Right to Terminate. The District and Lessee reserve the right to terminate this lease and all rights hereunder, at any time by wr~tten notice to the other party given at least sixty (60) days prior to the effective date of termination; provided, however, that on any termination of this lease, all improvements on said. pr"perty installed by Lessee, or its licensees, shall become the property of the District. The District reserves the right to terminate use of the locker/shower facility by Lessee with thirty (30) days written notice. The Lessee shall be respons- ible for the restoration of the property to its original condition upon termination of the lease, at Lessee's sole cost and expense, if so requested by District. Paragraph 6 is hereby amended to read: Use. The property shall be used solely for recreational purposes by Lessee, its agents, employees, assigns or permittees. Lessee's activities shall not interfer in any manner with the operation of normal school business at the San Andreas and/or the Highland Pacific sites. It is further hereby agreed that the District shall have reasonable access to u.se the said faCilities. not to exceed eight (8) hours per month, as stipulated by school site officials. . Paragraph 7 is hereby amended to read: Location and ownership. The athletic facilities installed as provided herein shall be maintained on the aforedescribed Highland Jr. High School grounds and shall at all times be and remain the property of the District, subject Lo Lessee's right to use the facilities as provided herein. District may, at its discretion, add improvements to said school grounds.. Cargo containers, con- cession stands and/or any new construction, alterations, . '/0 ~. .. \ o o modifications, and/or revisions to the leased facilities must be reviewed and approved by the District in writing prior to such changes. 2. All other terms and conditions of the Agreement described herein shall remain in full force and effect. A}ffiRICAN YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By: Title: Regional Commissioner 130 HAROLD L. BORiNG, Ed.D. Assistant Superintendent Administrative Services Date: JAN 1 9 1988 Date: o i II ..0 o o AMENDMENT NO. 2 TO LEASE AC::RE>>lENT (Highland Jr. High Athletic Fields) The !.ease J\aree:rent between the SAN BERNARDINO CITY UNIFIED SCHOOL DIS'mICl' and the A:'sRrC~'l YOUTH SOCCER ORGANIZATIOO, dated Decenber 3, 1982, 'is hereby arrended in the follewing manner: 1. Exceptions: Paragraph 1.: Effective JUly 1, 1986, the real property described below shall, be excluded fran the above-described !.ease Agreement: . Along Orange Street, 180 feet north to the intersection of the boundary line as it changes direction and prooeeds northwest, fran this intersection point" 615 feet along a straight line west to the intersection of this line with the existing northsouth fence that divides the Highland-Pacific site fran t.i;le San Andreas site. 2. All other terms and conditions of the h]reeIrent described herein shall remain in full force and effect. AMERICAN YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIID SOiOOL DISTRIcr (~~J(~- ~~~ Assistant SUperintendent Mninistrative services NaIre: -;1R.AlJI.t.- I. Loo-k.. .. Title: Rej,o",~l ("'......./..s'ont'L \30 Date: 10 -,;).. '"" - yV. JlbV 2 5 1986 Date: ;~ o .- ii .-'J ~ o o o , , AMl!J)~lENl' NO. 1 TO IJ11SE AGREEMENT (Highland Jr. High Athlet~c Fields) The Lease ;'.greerrent between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and AMERICAN YOUTH SOCCER ORGIINIZATIOO, dated DeceIrtler 3, 1982, is hereby amended il1 the follCMing manner. I. Paragraph lO is hereby amended as follows: 10. Water, Electricity and Gas. Lessee shall supply and bear the cost of all water used at the Highland Jr. H1.gh School site for the tem hereof. District shall bear the cost of all electricity used on the leased premises until such time as Lessee installs lighting on sports f~elds pursuant to paragraph 4. Upon c:arpletion at said installation, Lessee shall bear the cost of all electricity used for illuminating the sports fields. Lessee shall be responsible for installation of any necessary electrical !teters, and for all charges for such electricity. District shall bear the cost of all natural gas used in the locker rooms for the term hereof. II. Pm:"qrc<ph 11 is hereby deleted and a new paragraph 11 J.S added as follo.rs: 11. Incienmity. Indemnity and insurance shall be provided as follCMS: a. Lessee shall indenmify, hold hannless, and defend the District against any and every claim, demand, action or liability for damages or injuzy, and any cost or expense in connection therewith, which arises out of or results fran (1) the use of the leased premises, (2) work done or anitted to be done upon the premises, (3) any business or other activity upon the leased premises, or (4) any defective condition of the leased premises, by Lessee, its agents, employees, assigns or permittees, during the tem of this lease or any extension thereof. b. Lessee shall, at its CMn expense, obtain and keep in effect, during the tem of this lease or any exten- sion thereof a policy of liability and property damage insurance with the single l1Il1J.t of $1,000,000. The Lessee will funush the District with Certlfi- cates of Insurance naming the District as an addi- tional insured party. c. Said policy set forth in paragraph 11 (b) shall be in 0/, o o . '<" form satisfactory to District, and a cerhfied copy of such policy shall .be delivered to District at least fifteen (15) days prior to its effective date. III. All other terms and conditions of said !.ease llo;,1:ee.llent dated December 3, 1982, shall remain in full force and effect. LESSEE A. Y. S. O. G~. - SAN BERNARDINO CITY UNIFIED sarooL DISTRICT B.l J& "- , ~~l t)~ L. IlQRIOO., D. Assistant Superintendent, Mninistrative Services o , /' 0 o o o ,,~ ,~ LEI\SE AGREEMENT (Highland Jr. High Athletic Fields) THIS LE.;""'E is rrade and entered into this 3rd clay of DeceM.er 1982, by and between the SAN BERNARDINO CITY UNIFIED SOiOOL DISTRlCl', here- inafter referred to as "District", and American Youth Soccer Organization, hereinafter referred to as "Lessee". WITNESSETH 1, Rights Granted. District does hereby grant to Lessee the non- exclusive right to the use, for the purposes hereinafter set forth, of the real property, including field house locker roans, l6cated in the City of San Bernardino, County of San Bernardino, State of California, c'lescribed as follONS and as shown on the map attached hereto and marked Exhibit "A". That certain property situated in the City of San Berriardino, County of San Bernardino, State of California, to wit: That portion of the southwest one-quarter of the northeast one- quarter of section 32, Township 1 North, Range 3 West, San Bernardino Base and Meridian according to the official govexn_ survey thereof, lying southwesterly of the Atcheson, 'lbpeka and Santa Fe Railroad right-of-way and southerly of. that certain land conveyed to the State of Califomia for higlvay purposes by deed recorded February 24, 1969 in Book 7186, Page 456, official records of said county. EXcepting therefran the following described: Beginning at a point OIl the south line of the southwest ~ of the north- east one-quarter of Section 32, being the centerline of Pacific Ave,11ue, which lies south 89047'30" east a distance of 323.76 feet fran the center of said section 32; thence north 00012'30" east a distance of 182.21 feet to a point; thence north 88046'29" east a distance of 37.69 feet to a point;'. thence north 00023'25" east a distance of 475.61 feet to a point on the southerly line of aforem=ntioned land deeded to the State of California for highway purposes; thence along said southerly line, north 89057'38" east a distance of 294.90 feet to a point on the west line of the east one-half of the southwest one-quarter of the northeast one- quarter of Section 32; thence south along said west line to a point on the north line of the South one-half of the southwest one-quarter of the northeast one-quarter of Section 32; thence east along said north line to a point on the east line of the southwest one-quarter of the northeast one-quarter of Section 32; thence south along said east line of the southeast comer of the - . o. o o o ; , SOUt.lTw-eSt ol1c-quarter of the northeast one-quarter of Section 32; being a point. on the centerline of Pacific Avenue; thence north 8904:7'30" W'est to the Point of Beginning. Also excepting any portion thereof lying within plblic .streets. 2. Tenn. The tenn of this lease shall be for a period of five (5) years, CO!lI!lel1Cing on November 3, 1982 and ending on November 2, 1987 This lease may be extended for three five (5) year periods for a maxinum of nrenty (20) years upon written IlUtual ay.u::t::lrerit of the parties hereto. 3. Right to Tenninate. 'l11.e District and lessee reserve the right to tenninate this lease and all rights hereunder, at any tine by written notice to the other party given at least sixty (60) days prior to the effective date of tennination; provided, however, that on'any termination of this lease, all in'[!roverrents on said property installed by lessee, or its licensees, shall becare the property of the District. '!be lessee shall be . responsible for the restoration of the property to its original ocntiticn upon tennination of the lease, at lessee's sole cost and expense, if so requested by District. 4. Consideration. In consideration of the lease of the said Prqlerty, the lessee shall design, construct, or install necessary lighting, turfing, and sprinkler system in order to provide multi-use sports fields 00 the school grounds hereinabove described. The location of the facilities to be provided by lessee hereunder shall be located in accordance with the DUt:ual agreement of the parties hereto. Said inproverrents to be constructed by lessee hereunder shall be in accorclmce with District's specifications and the joint requirerrents of the parties hereto. lessee agrees to pay, and District agrees to accept, as rental for said premises during the tenn aforerrentioned, a rental at 'the rate of One 2 o o o o -.., Dollar ($ 1.00 ) per year, payable carrmencing November 3, 1982, and continuing on or before the" first day of January each and every year thereafter during the tel:m hereof at 777 ifF" Street," San Bernardino, Califomia 924l0. 5. Cost of Construction. lessee shall assume and pay all costs of construction of the lighting, turfing and sprinkler system to provide the sports fields. 6. Use. The property shall be used solely for recreational purposes by lessee, its agents, enployees, assigns or peIllli.ttees. It is further hereby agreed that the District shall have reasonable access to use the said facilities, not to exceed eight (8) hours per ITOnth, as stipulated by school site officials. 7. location and Q./nership. The athletic facilities installed as provided herein shall be maintained on the aforedescribed Highland Jr. High School grounds and shall at all tines be and remain the property of the Dis- trict, subject to lessee's right to use the facilities as provided herein. District may, at its discretion, add irnprovarents to said school grounds. 8. Prohibition 1\qainst Assignment. lessee shall not assign this lease or its interest therein except with the prior written approval of District. 9. l-laintei1ance and CUstodial Services. lessee shall, at its expense, maintain the school grounds during the teDll hereof unless said maintenance items are hereinafter listed as being District's responsibility. Lessee shall repair and maintain the turf areas and an adequate sprinkler system in a usable condition at all tines during the teDll of this agreerrent in order to assure that the playground turf areas are kept in usable condition at all tines. Lessee shall be responsible for the maintenance of the lighting system 3 .0- o o o ~ ~ for the term hereof. lessee's maintenance sfu,ll include the replacer.cnt of bulbs, fixtures, fuses, switches, and all other items necessary to maintain the ball field lighting system. lessee I s rraintenance of the field and the sprinkler system shall include the application of necessary water, soU amendrrent and fertilizers, the lIOWing of the grass, and all necessary repairs to the sprinkler system in order to maintain the field in a satisfactory usable condition.. Lessee shall provide at its expense all custodial services necessary as a result of the use of said property for recreational programs and events conducted or sponsored by Lessee. 10. Water and Electricity. lessee shall supply and bear the cost of all water to be used in maintaining the grass and planting areas for the term hereof. lessee shall bear the cost of all electricity used for illum- inating the athletic fields. lessee shall be responsible for installation of any necessary electrical rrete):'s, and for all charges for such electricity. lessee shall pay a prorated share of electricity charges to cover utility costs in the field house locker roans. 11. Indemnity. lessee shall provide indernni ty and insurance as foll~: a. lessee shall indemnify, hold harmless, and defend the District against any and every claim, dE!lland, action or liability for damages or injury, and any cost or expense in connection therewith, which arises out of or results frc:m (1) the use of t11e leased premises, (2) work done or anitted to be done upon the premises, (3) any business or other activity upon the leased premises, or (4) any de- fective condition of the leased premises, by lesSee, its 4 o o o o , 1 ' ' agents, employees, assigns or penni ttees, during the tenn of this leas~ or any extension thereof. b. lessee shall, at its own expense, obtain and keep ,in effect, during the tenn of this lease or any extension thereof a policy of liability and property damage insurance with the single limit of $l,OOO,OOO. 'll1e lessee will furnish the District with Certificates of Insurance naming the District as an additional insured party. c. lessee shall, at its own expense, also keep all buildings . and structures adequately insured against fire and all policies shall contain extended CXlVerage and insure against malicious mischief and vandalism. Said fire insurance policy shall be in the aIrOunt of $250,000. In all such policies, District shall be ncured as additional insured to protect District 's interest.s as its interests may appear. District shall have the right to determine that which was destroyed by fire, and if they are, the specifications for the new construction. d. Said policies set forth in paragraphs 11 (h) and 11 (c) shall be in fonn satisfactory to District, and a certified copy of such policies shall be delivered to District at least fifteen (15) days prior to their effective dates. 12. Amendrre:.ts. This lease may be amended or rrodified only by a written arrendrrent or m:xlification thereof signed by'both parties. 13. Notices. All notices to be given by either party to the other shall be in writing delivered either personally or by United States mail, postage prepaid, to the follC7Ning addresses: 5 , o o o "District" San Sernardino City Unified School Di!,'trict Adr.1inistrative Services Office 777 North ifF" Street San Bexnardino, CA 92410 "Lessee" American Youth Soccer Organization P. O. Box 2855 San Bernardino, CA 92406 IN WI'ni"ESS W!iEREX)F, the parties hereto have executed this lease on the clate first hereinabove written. LESSEE SAN BEmARDIOO CITY UNIFIED SCHOOL DIS'l'RICl' ~ L-l&~By FRANK A. SCHUUA A.Y.S.O. Regional Commissioner Region 130 -; ... 6 o ,'; ,. -'., f'"., I I .1 "".1 .' - ~ . I' ..l.- o Q - C I T Y o o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8808-216 ,"..~..A REC'O..AOHIH. OFF. 1988 AIJG I 2 PH 3::3 8 TO: JAMES ROBBINS, ACTING CITY ADMINISTRATOR ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES FROM: SUBJECT: AYSO - Request for Maintenance Assistance DATE: August 12, 1988 (7!:i30) COPIES: ------------------------------------------------------------- The American Youth Soccer Organization will be approaching the City for assistance in their maintenance and utility needs of their soccer fields. As a review, six years ago the soccer organization entered into a faci I.ity lease agreement with the San Bernardino City Unified School District for the open grounds and shower facilities at the Highland Jr. High school facility. (see attached) During its beginning years the soccer organization asked if they could hire park employees on weekends along with appro- priate equipment to assist with installation of their irriga- tion system needs. Through approval, the request was granted on a te.porary basis. When the Fair Labor Standards Act was enacted it was inter- preted that the use of city employees along with city equip- ment was still an extention of those employees' regular work assignment with the city. Therefore, in order to avoid being in violation of the FLSA, the mowing of the soccer fields was squeezed into the regular weekly mowing schedule for other park facilities. Additional new park acreage requiring mowing coupled with a constant breakdown of equipment has greatly impatted our ability to mow all the areas in a timely manner. In order to meet the department mowing needs of the city faci Iities, the soccer organization was notified 30 days prior to July 1, 1988 that the Parks Department would no longer be able to assist with the mowing of their soccer fields. They were reminded at that time that the city's assistance originally was to be only on a temporary basis and that city park faci lities would take priority. AMIT1(J~ItL INfO g'f - o ~ - ". 'j - o 0 INTEROFFICE MEMORANDUM: 8808-216 AYSO - Request for Maintenance Assistance Ausust 12, 1988 Pase 2 o The followinS is a cost estimate attributed to the soccer facility: Mowins YU!lll!!: Water for LiShtinS $ 3,500 Irrisation 15,000 7,885 Total $26,385 It should be noted that it is not the mowins costs that make mowins of the soccer fields prohibitive; it is the avai labi- I ity of manpower to accommodate the increased acrease. To continue to mow the soccer fields under the present conditions one of the followins would occur: 1. Patton South, Speicher Park, Hampshire floodway, Sterlins parkway and Aquinas Triansle would not set mowed. OR Z. If all areas intludins the soccer fields are to be mowed, the mowins turn around time would increase from 7 days to 11 days at all areas. This would create a less desireable appearance of the areas for a lonser period of time. The heishth of the srass would be much taller and a poorer cut by the 7 sans mower would be evident, requirins additional passes by the rotary mowers. The wear on the equipment also would be 9reatly increased as a result. In order to continue mowins the soccer facilities, an additional position would the backup mowers could be used by the however, when breakdown occurs there equipment to put in operation. fields ln~ the park be required. One of additional position; would be no backup The cost for an additional position with no new equipment iSI P.M.N. III - $35,000 With additional equipment: P.M.N. III - $35,000 II) 7 san9 mower - 45,000 Total - $80,000 The liShtinS and irrisation costs should remain the responsi- bi I ity of the soccer leasue. The soccer lea9ue may make reference to the little leasues havins their facilities and uti I ities taken care of by the city. This is true. However, it also should be noted that the little leasues are playins JdL . o j ~ - - o 0 INTEROFFICE MEMORANDUM: 8808-216 AYSO - Request for Maintenance Assistance August 12, 1988 Page 3 o on city owned fields which must be maintained whether little league, Junior AI I American, soccer organizations or private teams utilize the facilities. Several years ago an attempt was made by th i s department to propose a chalrge to the Ii tt Ie leagues for their I ight usage, however, strong opposition was demonstrated by the users and subsequently by the Mayor and Counc i I, therefore, the issue was dropped. One last comment on this issue: the soccer organization entered into the agreement with the San Bernardino City unified School District with full commitment to maintain the facility. That committment was made prior to the soccer organization ever approaching the city for assistance. Therefore, it would seem that the soccer organization bel ieved they could and would do the maintenance with their own resources when they signed the agreement. I do not believe it is in the best interest of the city to bailout organizations for commitments they have previously made. The costs are significant enough to warrant caution by the city in providing such support. If you have any questions on the above please let me know. ~7--/?- ANNIE F. RAMOS Director of Parks, Recreation and Community Services Department AFR:tr