HomeMy WebLinkAbout31-Parks and Recreation
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
eyelyoM play,.
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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 D Street
San Bernardino, California 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
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If you have any questions,
Thank You,
then please call me at (714)
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Roger Itaya 0
Regional Commissioner
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cc: Ms. Annie Ramos, City of San Bernardino Parks and Recreation
C I T Y 0 F SAN B ERN A R DIN 0
INTEHOFFICE MEMOHANDUM
8808- 216 RECtD.. ADMIN. OFF.
1988 AUG 12 ~ 3: ~8
TO:
JAMES ROBBINS, ACTING CITY ADMINISTRATOR
FROM:
ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES
SUBJECT: AYSO - Request for Maintenance Assistance
DATE:
August 12, 1988
(7ti30)
COPIES:
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Th~ American Youth Soccer Organization wi I I be approaching
the City for assistance in their maintenance and uti I ity
needs of their soccer fields.
As a review, six years ago the soccer organization entered
into a facility 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 temporary 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 facil ities.
Additional new park acreage requiring mowing coupled with a
constant breakdown of equipment has greatly impacted our
abi I ity to mow all the areas in a timely lIanner.
In order to meet the department mowing needs of the city
f a c i lit i e s , the so c c e r 0 r 9 ani z at ion was not i fie d 30 day s
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 I ities would take priority.
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INTEROFFICE MEMORANDUI.. 8808-216
AYSO - Request for Maintenance Assistance
August 12, 1988
Page 2
The following
facility:
is a cost
estimate attributed to the soccer
Mowing
!J111111~a:
Water for
Lighting
$ 3,500
Irrigation
15,000
7,885
Total
$26,385
It should be noted that it is not the mowing costs that make
mowing of the soccer fields prohibitive; it is the availabi-
I ity of manpower to accommodate the increased acreage.
To continue to mow the soccer fields under the present
conditions one of the following would occur:
1. Patton South, Speicher Park, Hampshire floodway,
Sterl ing parkway and Aquinas Triangle would not get
meowed.
OR
2. If all areas including the soccer fields are to be
mowed, the mowing turn around time would increase
from 7 days to 11 days at al I areas. This would
create a less desireable appearance of the areas
for a longer period of time. The heighth of the
grass would be much taller and a poorer cut by the
7 gang mower would be evident, requiring additional
passes by the rotary mowers. The wear on the
equipment also would be greatly increased as a
result.
In order to continue mowing the soccer
faci I ities, an additional position would
the backup mowers could be used by the
however, when breakdown occurs there
equipment to put in operation.
fields !n~ the park
be required. One of
additional position;
would be no backup
The cost for an additional position with no new equipment is:
P.M.W. III - $35,000
With additional equipment:
P.M.W. III - $35,000
(1) 7 sang mower - 45,000
Total - $80,000
The I ighting and irrigation co~t. should remain the responsi-
bilityof the soccer league. t,.'The soccer league may make
reference to the I ittle leagues having their faci I ities and
utilities taken care of by the city. This is true. However,
it also should be noted that the I ittle leagues are playing
INTEROFFICE MEMORANDUM: 8808-216
AYSO - Request for Maintenance Assistance
Au 9 u s t 12, 1988
Page 3
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 i.go an attempt
was made by this department to propose a chawge to the little
leagues for their I ight usage, however, strong opposition was
demonstrated by the users and subsequently by the Mayor and
Counci 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 ful I commitment to maintain the
faci I ity. 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.
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ANNIE F. RAMOS
Director of Parks, Recreation
and Community Services Department
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
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AYSO REGION 130
BUDGET
1988 FALL SOCCER SEASON
INCOME
Registration fees
Sponsor contributions
Fund raisers
Concession stand
50/50 raffle
Fireworks booth
Dance
Interest
Tota I Income:
EXPENSES
AYSO Inc. Fees
Fund raiser supplies
Concession stand
50/50 raffle
Fireworks booth
Dance
Pictures
Trophies
Playing equipment
Uniforms
Coaches training
Referee training & uniforms
Water-fields
Electricity-lights
Irrigation maintenance
Postage
Total Expenses:
To ta I Income
Total Expenses
Net Profit or <Loss>
$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
$70,575.00
$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
$71,235.00
$70,575.00
71,235.00
($860.00>
Dec., 1987
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ORIGll~I-\L
A MENDl"IENT NO.3
TO LEASE AGREEHENT
(Highland Jr. Bigh Athletic Fields)
The Lease Agreement between the SAN BERNARDINO CITY L~IFIED 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 term 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 mutual
agreement of the parties hereto.
Paragr.aph 3 is hereby amended to read: Right to Terminate.
The District and Less(~e reserve the right to terminate this
lease and all rights hereunder, at any time by written 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
pI,)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-
i1:>le for the restora.tion 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 intcrfer in any manner with the operation of normal
schoal business at the San Andreas and/or the Highland Pacific
sites. It is further hereby agreed that the District shall
have reasonable access to use the said facilities. not to
exceed eight (8) haurs per month, as stipulated by school site
of fic~.als.
~?raErap~ is hereby amended to read: Location and ownership.
The athletic facilities installed as provided herein shall be
caintained on the aforedescribed Highland Jr. High School
grounds nnd shall at all times be and r~main the property of
the District, subject ,0 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,
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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.
AJffiRICAN YOUTH SOCCER ORGANIZATION
SAN BERNARDINO CITY UNIFIill)
SCHOOL DISTRICT
By:
Title: Regional Commissioner 130
HAROLD L. BORING, Ed.D.
Assistant Superintendent
Administrative Services
Date:
JAN 1 ~ 198:3
Date:
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At-1Elil)r.llim NO. 2
TO I.E.i\SE AGRIDlfl-."T
(Highland ,Jr. High Athletic Fields)
'I'he Lease t\c:rGC.iBI1t bet<N'een the SAN BERNARDINO CITY UNIFIED SQIOOL DISnuC1'
and the ;':.2PJC;'~ YOUTH SOCCER ORGANIZATION, dated DeCEl1ber 3, 1982, 'is hereby
arrended in the foll:wing mmner:
1. Exceptions:
Paragraph 1.:
Effective July 1, 1986, the real property described below shall be
excluded fran the above-described Lease Agreenent: '
Along Orange Street, 180 feet north to the intersection
of the bonndary line as it changes direction and pnx::eeds
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 fram the San Andreas site.
2. All other terms and conditions of the Agreenent described herein
shall remain in full force and effect.
Al'1ERICAN YOUTH SOCCER ORGANIZATION
NaIt-e: --/rq+NI'-- L. Loo-/-c"l S
SAN BERNARDINO CITY UNIFIED
SQmOL DISTRIcr
~OORIN;~
Assistant Superintendent
Administrative Services
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Title: Ke,3l0>\<t..\ CO""''''''.$SIOt1~f-- 130
Date: 10 -;1.. ~ - TY->
Date:
JIm 2 5 1986
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JllIl: ,'Dr-:Er....1Jf NO. 1
'ID IJ J\SE AGREE:JY1ENT
(Highland Jr. High Athlet~c Fields)
The Lease .~.greer.'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL
DIS'Imer and Ar€RICAN YOUTH SOC'CER ORGANIZATIOi~, dated December 3, 1982, is
hereby arrended in the folla.ving rranner.
1. Paragraph 10 is hereby amended as folla.vs:
10. ~\Tater, Electricity and Gas. Lessee shall supply and bear
the cost, of all water used at the Highland Jr. H:Lgh School site for
the tem hereof. District shall bear the cost of all electricity
used on t.he leased premises until such tirre as Lessee installs
lighting on sports f1elds pursuant to paragraph 4. Upon carpletion
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 meters, and for all
char"ges for such electricity. District shall bear the cost of all
natural gas used in the locker rooms for the tem hereof.
II. I\.IL':i,"n"c'ph 11 is hereby deleted and a new paragraph 11 1S added as
folloN's:
11. Indemni ty . Indemni ty and insurance shall be provided as
follONs:
a. Lessee shall indemnify, hold hamless, and defend the
District against any and every claim, demand, action
or liclbility for damages or injury, and any cost or
expense in connection therewith, \-mch arises out of
or results fran (I) the use of the leased premises,
(2) work done or omitted to be done upon the premises,
(3) any business or other acti vi ty upon the leased
premises, or (4) any defective condition of the
leased premises, by Lessee, its agents, employees,
assigns or perrni ttees, during the tem of this lease
or any extensior. thereof.
b. Lessee shall, at its aNn 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 llllUt of $1,000,000.
Tne Lessee will furn1Sh the District with Cert~fi-
cates of DI~urance naming ele District as an addi-
tional insured party.
c. Said policy set forth in paragraph 11 (b) shall be 1n
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form satisfactory to District, and a certlfi~~ copy
of such policy shall be delivered to District at
ledst fifte8n (15) days prior to its effective date.
III. All ot./'ler terms and conditions of said Lease Agreerrent dated
December 3, 1982, shall remain in full force and effect.
LESSEE
A. Y. S. o.
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SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
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HAROID L. BORING, ]).
Assistant Superintendent,
Administrative Services
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LEASE AGRED1ENT
(Highland Jr. High Athletic Fields)
THIS L&~3 is rrade and entered into this 3rd
day of December
1982, by and between the SAN BERNA...'IDINO CITY UNIFIED SCHOOL DISTRIcr, 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
re~l property, including field house locker roams, lOcated in the City of
San Bernardino, County of San Bernardino, State of California, described as
foHONs and as shown on the map attached hereto and marked Exhibit "A".
T'nat certain property situated in the City of San Bernardino,
('()lIMy 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 ~ridian according to the official govern-
survey thereof, lying southwesterly of the Atcheson, Topeka and
SaI1ta Fe Railroad right-of-way and southerly of that certain
land conveyed to the State of California for highway purposes by
deed recorded February 24, 1969 in Book 7186, Page 456, official
records of said county.
Excepting therefran the follONing described: Beginning at a
point on the south line of the southwest one-quarter of the north-
east one-quarter of Section 32, being tlle centerline of Pacific
AVenClG, which lies south 89047130" east a distance of 323. 76 feet~
from the center of said section 32; thence nortl1 00012130" east
a distance of 182.21 feet to a point; thence north 88046129" east
a distance of 37.69 feet to a point;' thence nortl1 00023125" east
a distance of 475.61 feet to a point on the southerly line of
aforementioned land deeded to the State of California for highway
purposes; thence along said southerly line, north 89057138" east
a distance of 294.90 feet to a point on tJ':le west line of the east
one-half of the southwest one-quarter of the northeast one-
quarter of Section 32; tllence 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 SOUL~ along said east line of the southeast corner of tile
sout...l-rviest onc-quarter of the northeast one-qual.-t:er of Section 32;
bciI1g a point on t..'le centerline of Pacific Avenue; thence north
89047'30" west to the Point of Beginning.
Also excepting any portion thereof lying withL.'1 public streets.
2. Term. T'ne term of this lease shall be for a period of five (5)
years, corwencing on November 3, 1982
and ending on
November 2, 1987
This lease may be extended for three five (5) year
periods for a maxi.m.Im of u'lenty (20) years upon written ItUtual agreenent of
the parties hereto.
3. Right to Tenninate. The District and Lessee reserve the right to
terminate this lease and all rights hereunder, at any ti..Ire by written notice
to the other p.rrty given at least sixty (60) days prior to the effective
date of termination; provided, however, that on any termination of this
lease, all lll'l:cQVerrents on said property installed by I..essee, or its
. licensees, shall becorre the property of the District. '!be Lessee shall be
responsible 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.
4. Consideration. In consideration of the lease of the said property,
the Lessee shall design, construct, or install necessary lighting, turfing,
and sprinkler system in order to provide multi-use sports fields on the
school grounds hereinabove described. The location of the facilities to be
provided by Lessee hereunder shall be located in accordance with the ITlltual
agreerrent of the parties hereto. Said improverre.n.ts to be constructed by
Lessee hereunder shall be in accord !nce with District I s specifications and
the joint require.'rents of the parties hereto.
Lessee agrees to pay, and District agrees to accept, as rental for said
premises during the term aforerrentioned, a rental at the rate of One
2
Dollar ($ l.00 ) pee 'feCIT, payable COllirencing November 3,
1982, and continuing on or lJefore the first day of January each and
every year thereafter during the term hereof at 777 "F" Street,. San
Bernardino, California 92410.
5. Cost of Construction. lessee shall aSS\.1rre 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, errployees, assigns or permittees. It is further
hereby agreed that the District shall have reasonable access to use the said
facilities, not to exceed eight (8) hours per zronth, as stipulated by schex>l
site officials.
7. IDL:d L Lon and Cwnership. The athletic facilities installed as
provided herein shall be ma.intained on the aforedescribed Highland Jr. High
Schex>l grounds and shall at all tirres be and remain the property of the Dis-
trict, subj ect to Lessee's right to use the facilities as provided herein.
District may, at its discretion, add improverrents to said school grounds.
8. Prohibition Against Assigrurent. Lessee shall not assign this lease
or its interest therein except with the prior written approval of District.
9. f.1aintenance and Custodial Services. Lessee shall, at its expense,
ma.intain the school grounds during the term he~eof unless said ma.intenance
i terns are hereinafter listed as being District's responsibility.
Lessee shall repair and ma.intain the turf areas and an adequate
sprinkler system in a usable condition at all tirres during the term of this
agree.'n2~t in order to Clssure that the playground turf areas are kept in
usable condition at all tiJres.
Lessee shall be responsible for the ma.intenance of the lighting system
3
for the tern-, ::e:ceof. Lessee's rraintenance shall include the replacer.ent of
bulbs, fixtUl-es, fuses, switches, end all other items necessary to maintain
the ball field lighting system.
Lessee's ITaintenance of the field and the sprinkler system shall
include the application of necessary water, soil arrendrrent and fertilizers,
the m:JWing of 't-l1.e 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. Wat.er and Electricit.y. Lessee shall supply and bear the cost of
all water to re used in maintaining the grass and planting areas for the
tenn hereof. Lessee shall bear the cost of all electricity used for illum-
inating the athletic fields. Lessee shall be responsible for installation
of any necessar"'i electrical rretc~s, and for all charges for such
electrici ty . Lessee shall pay a prorated share of electricity charges to
cover utility costs in the field house locker roams.
11. Inderrnity. Lessee shall provide indemnity and insurance as
follavs:
a. Lessee shall indemnify, hold hannless, and defend the
District against any and every claim, derrand, action or
liabili ty for damages or in jury, and any cost or e}.pense
in connection therewith, which arises out of or results
from (1) the use of the leased premises, (2) work done or
anitted to be done upon the premises, (3) any business or
other acti vi ty upon the leased premises, or (4) any de-
fective condition of the leased premises, by Lcs'see, its
4
agents, employees, assigns or pennittees, during the term
of this lease or any extension thereof.
b. lessee shall, at its awn expense, obtain and keep in effect,
during the term of this lease or any extension thereof a
policy of liability and property danage insurance with the
single limit of $1,000,000. The 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
fOlicies shall contain extended coverage and insure against
malicious mischief and vandalism. Said fire insurance policy
shall be in the arrount of $250,000. In all such policies,
District shall be narred as additional insured to protect
District's interests as its interests may appear. District
shall have the right to determine that which was destroyed
by fire, and if they are, the SPecifications tor the new
construction.
d. Said policies set forth in paragraphs 11 (b) and 11 (c) shall
be in form 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. Arnendrrents. This leD-se may be arrended or rrodified only by a
written orrendrrent or nodification 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 folla.ving addresses:
5
,
.
"Dis:-rictll
Sa!'. Bt=:n~dino City Unified School Distl-ict
~iL~Jnistrative Services Office
777 North "F" Street
San Bernardino, CA 92410
"Lessee"
American Youth Soccer Organization
P. O. Box 2855
San Bernardino, CA 92406
IN WITNESS WHEREOF, the parties hereto have executed this lease on
the date first hereinabove written.
LESSEE
SAN BERNARDnJO CITY UNIFIED
SOIOOL DISTRICI'
~Q/~By
FRANK A. SCHill-fA
A.Y.S.O. Regional Commissioner
Region 130
6
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HAROlD L. BORING, ~
Assistant Superint t,
Administrative Services