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HomeMy WebLinkAbout2010-301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-301 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CANCELING THE AGREEMENT APPROVED NOVEMBER 7, 2005 BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR USE OF SOCCER FIELDS AT AL GUHIN PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE ALLIANCE FUTBOL CLUB FOR A FIVE YEAR TERM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The previous Agreement approved by Resolution 2005-375 between the City of San Bernardino and the Blast Soccer, is hereby canceled for the use of soccer fields at Al Guhin Park. SECTION 2. The City Manager is hereby authorized and directed to execute on behalf of said City an Agreement with the Alliance Futbol Club relating to use of soccer fields at Al Guhin Park, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference as fully as though set forth at length. SECTION 3. The permit authorized by this resolution shall not take effect until fully signed and executed by both parties. Neither party shall be obligated hereunder unless and until the permit is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 4. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within 60 days following effective date of the Resolution. I II III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-301 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CANCELING THE AGREEMENT APPROVED NOVEMBER 7, 2005 BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR USE OF SOCCER FIELDS AT AL GUHIN PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE ALLIANCE FUTBOL CLUB FOR A FIVE YEAR TERM. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held , 2010, by the following vote, to wit: on the 7th day of September Council Members: AYES MARQUEZ X DESJARDINS X BRINKER X X SHORETT X KELLEY VAN JOHNSON X MC CAMMACK X - NA YS ABSTAIN ABSENT ~/;J.~ Rachel G. Clark, City Cl~rk The foregoing resolution is hereby approved this ~ __ day of September , 2010. Approved as to form: 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park CITY OF SAN BERNARDINO THE ALLIANCE FUTBOLCLUB USE OF FACILITIES AGREEMENT WHEREAS, Pursuant to Chapter 12.80 of the San Bernardino Municipal Code, the Director of Parks, Recreation and Community Services Department has the authority to permit the use of park facilities; and WHEREAS, the Alliance Futbol Club seeks a permit for the construction and use of soccer fields and all improvements, furnishings and equipment at Al Guhin Park (Facility), located at West Little League Drive, generally west of Kendall Drive in the City of San Bernardino, California; and WHEREAS, such use is beyond the permit authorized by Chapter 12.80 of the San Bernardino Municipal Code, but it is the desire to the Mayor and Common Council to authorize such use upon the terms and conditions hereinafter set forth. NOW THEREFORE, for mutual consideration, the City of San Bernardino and Alliance Futbol Club hereby agree as follows: I. Term: #... A. This Agreement ("Agreement") is entered this 7 day of September, 2010, by and between the City of San Bernardino ("CITY") and Alliance Futbol Club ("ALLIANCE") (referred to jointly herein as the "Parties" or singly as "Party"). B. The term of this permit shall be for a period of five (5) years, effective September 1, 2010 through August 31, 2015. Upon expiration of this permit, ALLIANCE shall have the option to renew for an additional five (5) year period, to August 31, 2020, subject to a CITY evaluation that determines that such renewal is in City's best interests and in accordance with terms and conditions most favorable to CITY as determined by CITY. This option to renew shall expire and be of no force and effect if not exercised within thirty (30) day following the expiration date. II. Facility Use. A. The premises and improvements of the Facility shall be used for the purpose of youth soccer games, contests, practices, tournaments, clinics and other related activities. B. ALLIANCE activities shall be limited to the scheduled time periods specifically approved in writing by CITY. ALLIANCE shall submit to CITY a written schedule of use of the Facility for the entire year with periodic updates to be submitted in writing at least monthly. lof9 EXHIBIT "B" 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park 1. ALLIANCE_ may reserve Complex for the first weekend after New Year's and the second weekend in March. 2. ALLIANCE shall have access to one (1) field for team practice or games on days of CITY events. C. CITY reserves priority for use of facility for a minimum of sixteen weekends. This includes but is not limited to: Cal-South State and National Cup scheduled for four weekends in January, February, March and April. 1. CITY shall have access for an additional eight- (8) weekends. ALLIANCE may exercise first right of refusal for those additional eight (8) weekends for tournaments and league play provided commitments are obtained and submitted to CITY at least sixty (60) days in advance. 2. CITY shall not unreasonably withhold permission for ALLIANCE use of the Facility for any of the above-designated dates of use if income-generating events are not scheduled for those same dates by City. III. Fees, Revenues, Concessions: A. During weekends designated for use by CITY, CITY shall receive facility use fees or their equivalent from tournament sponsors and hotel booking fees. B. On any and all days of CITY events, ALLIANCE shall be granted first right of refusal to arrange for and receive revenue from: (1) Food and beverage, merchandise, entertainment and all other vendors (2) Parking and/or admission fees, and; (3) Any other income so determined in writing by mutual agreement between both parties to this Permit. C. On any and all days of CITY events, CITY shall be granted the right to arrange for and receive revenue from: (1) Facility Use Fees (2) Sponsorships (3) Any other revenue not granted to ALLIANCE. D. ALLIANCE fees shall be commensurate with the CITY fee policy for the San Bernardino Soccer Complex unless otherwise agreed to in writing. This includes but is not limited to parking fees, facility use fees, food, merchandise and entertainment vendor fees. E. Concession Rights ALLIANCE shall be granted the right and privilege to operate and maintain either directly or via contract concessions for the sale of food and beverage, merchandise and entertainment at the Facility during 20f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park ALLIANCE's scheduled uses in accordance with Section 2 above. All concessions shall conform to all federal, state, county and municipal laws, ordinances and regulations in every respect. The handling of all edible merchandise shall be subject to state, county and local health and sanitation requirement. Soft drinks shall be dispensed in paper cups or cans, rather than glass bottles or other containers. The sale of beer, wine or other intoxicating liquor shall not be permitted unless authorized under the terms and conditions of CITY Municipal Code, Chapter 9.32. CITY reserves the right to select food, merchandise and entertainment vendors for CITY events held at the Facility ALLIANCE_shall obtain any required permits or licenses which may be required from the CITY, and/or County of San Bernardino Health Department pertaining to the food and beverage concession located at the San Bernardino Soccer Complex or any other venue designated as part of this Agreement, and/or any other permits or approvals required by any governmental agency having jurisdiction thereof. If applicable, ALLIANCE shall display an active County Health Department permit for ALLIANCE services rendered under this AGREEMENT and it shall be prominently displayed in a conspicuous place at the location(s) of food service. IV. Parking: CITY shall grant ALLIANCE the right to use an area designated by City in the adjacent park for parking provided ALLIANCE shall pay for any and all supervision and monitoring of compliance, improvements necessary for its use, and/or damages resulting from its use. ALLIANCE shall present a written plan for this parking area development and receive written approval of plan from CITY prior to development. CITY shall place "No Parking" signs along frontage road in front of the facility and adjacent park, subject to approval by City Traffic Engineer. ALLIANCE shall, upon demand by CITY based upon anticipated development, immediately remove those same improvements at its own expense and in a timely manner. V. Transferability. The terms and conditions of this Agreement shall apply to any other CITY site that may become ALLIANCE's primary practice and game facility, with the exception of the San Bernardino Soccer Complex. VI. Improvements. ALLIANCE shall not erect or alter or cause or allow to be erected or altered any structures or improvements on the premises of the Facility without first submitting written plans and specifications and receiving prior written approval from CITY. All improvements, structures, alterations or fixtures heretofore or hereafter 30f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park placed on said property by ALLIANCE shall then and there become the property of the City of San Bernardino, unless the CITY specifically agrees otherwise in writing. VII. Maintenance and Operation. A. ALLIANCE is solely responsible for the cost of structural and field maintenance, repair, development and operation of the Facility, meeting standards and practices approved by CITY in writing. This includes but is not limited to: administration, staffing, contracting, mowing, irrigation, fertilization, weed control, pest control, trash and garbage collection, sewer, electrical power, gas, security, equipment, furnishings and supplies, lighting, striping and placement of goals, and comer flags. B. CITY shall be responsible for payment of water use, not to exceed 38,000 hcf per year. ALLIANCE shall be responsible for any additional charges and shall make payment in a timely manner as determined by the City of San Bernardino Parks, Recreation and Community Services Department. Any past due charges for water utilities by ALLIANCE shall be cured prior to execution of this agreement. C. For CITY use of Facility as per Section 1. above, CITY shall be responsible for striping, placing of comer flags and goals during those events. However, CITY may arrange for ALLIANCE to provide this service at a cost of forty- five dollars ($45.00) per field. For CITY use of Facility as per Section 1. above, CITY shall be responsible for trash pick-up and cleaning of bathrooms during those events. However, CITY may arrange for ALLIANCE to provide trash pick up and cleaning of bathrooms at an additional cost of thirty-five dollars ($35.00) per field. VIII. Nuisance. ALLIANCE shall comply with each and every law and regulation of the State, County and CITY and shall not cause or permit waste, injury to or destruction of the premises, property and improvements of Facility. ALLIANCE shall not commit or suffer to be committed any nuisance or other act or thing which may disturb the quiet enjoyment of any property owner or tenant in the vicinity wherein said premises are situated. IX. Cleanliness. A. ALLIANCE shall keep the premises clean at all times while in use. The following represent minimum acceptable standards of restroom cleanliness. · sweep up any paper debris · scrub fixtures · remove any matter from fixture surfaces · wash down floor 4of9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park · empty trash cans · remove any graffiti · stock restroom w/toilet paper and paper towels B. ALLIANCE must complete restroom clean up by lOam the day following any event at the Soccer Complex (i.e. if an event concludes on Sunday, the restroom facility must be cleaned by 10 am the following Monday.) C. No offensive refuse matter nor any substance creating an unnecessary, unreasonable fire hazard or public health or safety hazard shall be permitted at any time or allowed remain on the premises. ALLIANCE shall prevent any such matter or material from being or accumulating upon said premises and shall immediately clean area of all debris caused by its concession or other activities. ALLIANCE shall arrange for and pay all costs associated with refuse services for their operations and activities. X. Equipment. Furnishings and Expendables. Any equipment and furnishings used by ALLIANCE shall be purchased and installed by ALLIANCE at its sole expense. Said items shall remain the personal property of ALLIANCE. Equipment, furnishings and expendables, excluding fixtures and improvements, may be removed from the premises provided that said items can be removed without damage to CITY's property, and ALLIANCE shall be allowed a period not to exceed thirty (30) days to make such removals as hereby required. XI. Maintenance of Equipment. ALLIANCE shall provide all maintenance, repair and service required for equipment used in its operations whether owned by ALLIANCE or CITY. The CITY may direct ALLIANCE to perform necessary repairs and maintenance to ALLIANCE owned equipment. No equipment provided by CITY shall be removed or replaced by ALLIANCE without the prior written consent of CITY. Any equipment moved in by CITY for CITY use that may cause problems to ALLIANCE in its operation, shall be removed by CITY within thirty (30) days after written notice. XII. Security. ALLIANCE shall be responsible for its own security program during all activities, except during CITY events as per Section 1. above. XIII. Inspection. CITY and/or its designee may perform inspection of Facility at any time. 50f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park XIV. Utilities. All utilities including: water, electrical, sewerage and gas pertaining to Facility shall be the sole responsibility of ALLIANCE during the term of this Permit except as otherwise provided in this document. XV. Lighting. All lighting of the fields shall be terminated no later than 10:00 p.m. each night except during championship play. During championship play, lights may be left on until 11:00 p.m. if necessary to finish play. ALLIANCE shall monitor the use of lights to enforce this policy. XVI. Assignabilitv. ALLIANCE shall not assign this permit, or any interest therein, and shall not sublet the Facility or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and representatives of ALLIANCE excepted) to occupy or use the premises, or any portion thereof, without the prior written consent of CITY. XVII. Hold Harmless. ALLIANCE agrees to defend, indemnify, save and hold CITY, its officers, agents and employees, harmless from any claims, suits, or liability that may be brought by third persons on account of personal injury, death, or damage to property, or a property, business or personal interest, arising from any negligent act or omission by ALLIANCE while exercising the rights granted under this permit. In addition, ALLIANCE shall keep the permitted Facility free from any and all claims of persons or firms or corporations, who at the request of ALLIANCE or ALLIANCE's contractor, enter the premises for any purpose related to the construction, planning, development, operation or maintenance of the Facility. ALLIANCE shall require a release and waiver of liability and indemnity agreement to be signed by any person or persons participating in any way associated with the above activities. Such Release and Waiver of Liability and Indemnity Agreement is hereby made an Attachment and incorporated herein. XVIII. Attorney's Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney and members of his office in 60f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park enforcing the Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. XIX. Liability Insurance. ALLIANCE shall procure and maintain in force during the term of this permit and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by CITY, adequate to protect against liability or damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of one million dollars ($1,000,000.00) combined single limit liability, and fifty- thousand ($50,000.00) for property damage. Such insurance policies shall name the City of San Bernardino as an additional insured and shall provide coverage for CITY's contingent liability on such claims or losses. An appropriate certificate of insurance shall be furnished to CITY. ALLIANCE shall obtain a written obligation from the insurers to notify CITY in writing at least thirty (30) days prior to cancellation or refusal to renew any such policies. The CITY reserves the right to increase the insurance coverage described herein above within reasonable limits, and to require additional riders or provisions on said policies or certificates as shall be considered necessary, consistent with the terms and conditions of this permit. ALLIANCE shall immediately comply with said increase or change. XX. Advertisement. ALLIANCE may place upon the Facility approved signs, billboards, banners, poster or advertising of products or services related to ALLIANCE operations and needs. CITY reserves the right to review and approve any and all advertisements as defined herein. CITY may place banners, posters, flyers, etc. for CITY events and other times as deemed necessary and appropriate by CITY. XXI. Termination. CITY or ALLIANCE may terminate this permit, with or without cause, by giving the other party thirty- (30) days advance written notice of termination. Should ALLIANCE fail to faithfully perform all the terms and conditions of this permit, or in the case of an emergency or public need, CITY may summarily terminate this permit by giving written notice of immediate termination to ALLIANT. Said notice of immediate termination shall be effective immediately upon service of said notice upon ALLIANCE. In the event of any termination of this permit, ALLIANCE shall have the right to remove ALLIANT's personal property that is situated upon the premises. Said ALLIANCE shall remove personal property within thirty (30) days of the date termination and if no so removed within the said period shall be deemed abandoned. III III 70f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park XXII. Amendment. This Agreement may be amended or modified in writing by CITY and such amendment shall be effective when communicated to ALLIANCE. XXIII. Effect of Waiver. A Party's waiver of breach of one term, covenant, or condition of this permit is not a waiver of breach of others, nor of subsequent breach of the one waived. XXIV. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: CITY OF SAN BERNARDINO THE ALLAINCE FUTBOLCLUB USE OF FACILITIES AGREEMENT City of San Bernardino Parks, Recreation and Community Services 1350 South "E" Street San Bernardino, CA 92408 Alliance Futbol Club 7095 Meyers Court San Bernardino, CA 92407 XXV. Non-Discrimination. In connection with the use of the Facility, ALLIANCE and its employees or agents or any firm, person or concessionaire using the premises shall no discriminate against any person because of race, creed, color, sex, age, disability or national origin. Any employee or applicant for employment shall be treated without regard to the person's race, creed, color, age, sex, disability or national origin. Nothing in this paragraph shall prevent the giving of notice by personal service. III III III 80f9 2010-301 Agreement Between City and Alliance Futbol Re: Al Guhin Park IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth at the beginning of this Agreement. ATTEST: By a~}J.~ RachetClark, City Clerk Y2- rharles McNeely, Ci THE ALLIANCE ~UB BY~~ Title Se CN--ic.--y- Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: ~ 9of9