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HomeMy WebLinkAbout37-Parks and Recreation ~ S~CCt~ ~~. (I~ i~~.- .~\ ~ r.. .~ :J ~~ ~@~ .t: '0'" Ol/MOED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer 8l8tyOft8 ,... --F% City of San Bernardino The Honorable Mayor and Common Council Care of: City Administrator 300 North D Street San Bernardino, California 92418 American Youth Soccer Organization Region 130 - San Bernardino P.O. Box 2930 San Bernardino, California 92406 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 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. like the soccer fields mowed by the City of San If you have any questions, Thank You, then please call me at (714) i.S c;;o co 887-9507.> g of other the City of ::0 rt1 ("') o I ,. C X - z: I V,) ~1trff~ Roger Itaya () Regional Commissioner =.if -F." o r..D (:) -r. .." ce: Ms, Annie Ramos, City of San Bernardino Parks and Recreation (.,..~ \~. / J 37'. C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8808-216 REC'D.-AOHIN. OfF. 1988 AL'G 12 PM 3: ~s 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 (7530) COPIES: ------------------------------------------------------------- The 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 01 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 lor other park facilities. 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 manner. 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 lities would take priority. ,III' ~ - . f .'~,.H .. '. INTEROFFICE MEMORANDUM: 8808-216 AYSO - Request for Maintenance Assistance August 12, 1988 Page 2 The following facility: is a cost estimate attributed to the soccer Mowing !::!!l.ll.!l.~~: 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 ~ake 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 mowed, OR Z, 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 0.1 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 facilities, 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 'or 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 gang mower - 45,000 Total - $80,000 The I ighting and irrigation co~', should remain the responsi- bi I ity of the soccer league. /1- The soccer league may make reference to the I ittle lea91~es having their 'aci I ities and util ities 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 August 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 ago 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 believed 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. ~ f, I?- ANNIE F. RAMOS Director of Parks, Recreation and Community Services Department AFR:tr .)OCCt~ ~~' 0., $~~~A .~\ :. rl .~::! ~~ ~@~ ~o ~Ill IINDED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer 8YetyOft8 pIGyI- 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: Tota I Income Total Expenses Net Profit or <Loss> $4,800.00 1,800.00 18,000.00 3.600.00 28,200.00 $2,500.00 200.00 12,000.00 3.200.00 17,900.00 $70,575.00 71, 235.00 ($860.00> $34,750.00 7425.00 28,200.00 200.00 $70,575.00 $7,000.00 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 Dec., 1987 .-- Ie. " .J OR i GlJ~AL AMENDNENT NO. :3 TO LEASE ACREEMENT (Highland Jr. Righ 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: 'rerm. 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 autual agreement of the parties hereto. Paragraph 3 1s 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 wr~tten notice to the otlH~r 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 l)/.)jlerty 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- i~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: ~ 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 busine~s 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) hours per month. as stipulated by school site offic~a19. . !,~'lra.5rapb 7 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 and 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. I I I I i i I I I < I I f i , modifications, and/or revisions to the leased facilities nust 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}ffiRICk~ YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIill) SCHOOL DISTRICT By: Title: Regional Commissioner 130 HAROLD L. BORING, Ed.D. Assistant Superintendent Administrative Services Date: Date: JAN 1 g 19a~ . .. l\t.1EI,l)({L'NT NO. 2 '1'0 IEi\SE AGRID1D.1Y!' (Highland .Jr. High Athletic Fields) 'l'he Lease t\c:rE:e."'l'BI1t beb..;een the SAN BERNARDINO CITY UNIFIED SOIOOL DISTRIcr and the ;":.2P..IC~~ YOUTH SOCCER ORGANIZATICN, dated Decenber 3, 1982, is hereby arrended in the ioll:JWing manner: 1. Exceptions: Parag!"~ph 1.: Effective July 1, 1986, the real property described below shall be excluded fran the above-described Lease Agreem=nt: . Along Orange Street, 180 feet north to the intersection of the boundary line as it changes direction and proceeds 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 the San Andreas site. 2. All other terms and conditions of the Agreem:mt described herein shall r"elrain in full force and effect. M1ERlCAN YOUTH SOCCER ORGANIZATION Narre : --/ Rt+N I '-- L. Loa ..1-0\ S Title: ReJIOH<t..\ CCIo101.I41,,5.Slol1t'''L 130 SAN BERNARDINO CITY UNIFIED SOIOOL DISTRIcr ~00RIm~ Assistant Superintendent Administrative Services .~ ~H~~. Date: 10 -;J... ~ - ~ Date: JINl 2 5 1986 '~f'~~.ft'A~.-.-_U&l'~'':''''__,~~'-:L~~~~~~~~~*'-.~''"''~, -- -- -- Jllll.:.:nf'oThlT NO. 1 'TO IJ:t\SE AGREEL"B~T (Highland Jr. High Athlet~c Fields) The Lease ;'.gree.r.'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and At'-s?.ICAN YOOIH SOC'CER ORGANIZATIOt.~, dated Dec.errDer 3, 1982, is hereby arrended in the following manner. 1. Paragraph 10 is hereby amended as follows: 10. \Vater, Electricity and Gas. Lessee shall supply and bear t.he cost, of all water used at the Highland Jr. H1.gh School site for the term hereof. District shall bear the cost of all electricity used on t.~e leased premises until such tirre as Lessee installs lighti.r1g on spJrts f1.elds pursuant to paragraph 4. Upon carq:>letion 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 electricalneters, 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. ll. Pi.lld,'j;',,!?h 11 is hereby deleted and a new paragraph 11 1.S added as folJ.oNs: , , _.I.. Indernni ty . Indemnity and insurance shall be provided as follONs: a. Lessee shall indemnify, hold harmless, and defend the District against any and every claim, demand, action or liability for damages or injury, and any cost or expense in connection therewith, which arises out ot 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 term of this lease or any extensior. thereof. b. lessee shall, at its own expense, obtain and keep in effect, during the term of this lease or any exten- sion thereof a policy of liability and property damage insurance with the single llnu.t of $1,000,000. The Lessee will furn1.sh the District with cert~fi- cates of 111~urance naming the District as an addi- tional insured party. c. Said policy set forth in paragraph 11 (b) shall be in _l<'III-"'" ~ __-_._.____._..___.._...___........ -. << , . , r fonn satisfactory to District, and a certlfk>d oopy of such policy shall be delivered to District at least fifteen (15) days prior to its effective date. . . III. All ot..'1er terms and conditions of said lease hJreerrent dated December 3, 1982, shall remain in full force and effect. LESSEE A. Y. S. O. G~ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRIcr B}' ~ " ~ )d \1;4/ t )~~ HAROLD L. BORING, 1>. Assistant Superintendent, Administrative Services f' i , y ." . LEASE AGREEMENl' (Highland Jr. High Athletic Fields) THIS LE.;':;~ is rrade and entered into this 3rd day of Dece~.er 1982, by and between the SAN BERNARDINO CITY UNIFIED SOiOOL 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 real property, including field house locker roans, lOcated in the City of San Bernard ino, County of San Bernardino, State of California, described as follCMs and as shown on the map attached hereto and marked Exhibit "A". That certain property situated in the City of San Bernardino, C()tmty 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 accordiJ.1g to the official govem- survey thereof, lying southwesterly of the Atcheson, Topeka and Santa Fe Railroad right-of-way and southerly of that certain land conveyed to the State. of California for higbrlay 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 on the south line of the southwest one-quarter of the north- east one-quarter of Section 32, being the centerline of Pacific Avenue, which lies south 89047'30" east a distance of 323.76 feet iran 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 aforementioned 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 ti)e 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~arter of the northeast one-quarter of Section 32; thence east along said north line to a point on the east line of the sout.m..'est one-quarter of the northeast one-quarter of Section 32; thence south along said east line of the southeast corner of the i .. scut....7west onc-quarter of the northeast one-quarter of Section 32; b:L"1g a point on th.e centerline of Pacific Averro.e~ thence north 8904:7'30" west to the Point of Beginning. Also excepting any portion thereof lying within public .streets. 2. Term. The term of this lease shall be for a period of five (5) years, cO!'l'lreI1cing on November 3, 1982 and ending on November 2, 1987 This lease may be extended for three five (5) year periods for a maximum of t\.,renty (20) years upon written ItUtual a~nt of the parties hereto. 3. Right to Terminate. The District and lessee reserve the right to terminate this lease and all rights hereunder, at any time by written notice to the other p.lrt.y given at least sixty (60) days prior to the effective date of tennination; provided, however, tlmt on any te:rrn.inatian of this . ' lease, all lll'[:L ovem:mts on said property installed by lessee, or its licensees, shall becorre the property of the District. 'll1e lessee shall be responsible for the restoration <?f the property to its original condition upon termination of the lease, atI.essee' 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 descrilx.>d. The location of the facilities to be provided by lessee hereunder shall be located in accordance with the nutua! agreerrent of the parties hereto. Said improvemants to be constructed by IEssee hereunder shall be in accord. I nce 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 Do lla r ($ 1. 00 ) per year, payable cornnencing November 3, 1982, and continuing on or Lefore 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 assture 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 p.lt'pOSes 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 nonth, as stipulated by school site officials. 7. WLd Lion and <Mnership. 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 inproverrents to said school grounds. 8. Prohibi tion Against Assignrrent. lessee shall not assign this lease or its interest therein except with the prior written approval of District. 9. r-laintenance and CUstodial Services. lessee shall, at its expense, maintain the school grounds during the term 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 tiIres during the tem of this agreelTcnt in order to assure that the playground turf areas are kept in usable condition at all t.i.rres. I.eStiee shall be responsible for the maintenance of the lighting system 3 . . for the tem, :::e:ceof. Lessee I s naintenance shall include tile replacerrent of bulbs, fixtures, fuses, switches, end all other items necessary to maintain the ball field lighting system. Lessee I s maintenance of the field and the sprinkler system shall include the application of necessary water, soil arrencbrent and fertilizers, the rrowing of the grass, and all necessary repairs to the sprinkler system in order to rraintain 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 Electricit.y. lessee shall supply and bear the oost of all water to be used in rraintaining 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 necessarj electrical rretc~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 rooms. 11. Indemnity. Lessee shall provide indemnity and insurance as follo."s: a. Lessee shall indemnify, hold hannless, and defend the District against any and every claim, demand, action or liabi.li ty for damages or injury, and any cost or expense in connection therewith, which arises out of or results from (1) the use of tJ1e leased premises, (2) work done 01." 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 ~eased premises, by res'see, its 4 agents, errrt>loyees, assigns or pe:rmi. ttees, during the term of this lease or any extens~on thereof. b. Lessee shall, at its 0NIl 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. 'lbe I.essee will furnish the District with Certificates of Insurance naming the District as an additional insured party. c. I.essee shall, at its 0NIl expense, also keep all buildings and structures adequately insured against fire and all policies shall contain extended coverage and insure against IMlicious mischief and vandalism. Said fire insurance policy shall be in the arrount of $250,000. In all such policies, District shall be named 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 for 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. Amendn:ents. This lease may be anended or nodified only by a written mrendrrent 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 follONing addresses: 5 , '. . . . . . t1Distxict" r . Sa!1 ~rl'.a.rdino City Unified School District ki"ninistrative Services Office 777 North "F" Street San Bernardino, CA 92410 "Lessee" American Youth Soccer Organization P. O. Box 2855 San Bernardino, CA 92406 IN WITh"ESS WHEREDF, the parties hereto have executed this lease on the date first hereinabove written. LESSEE (2.-~By FRANK A. SCUill-tA A.Y.S.O. Regional Commissioner Region 130 , ! . , , SAN BERNARDnlO CITY UNIFIED SCHOOL DISTRICl' 6 D.