HomeMy WebLinkAbout55-City Administrator
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
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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 al Jeviate 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:
We would
Bernardino.
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.
We would like to have input into future planing
recreational parks and facilities that are developed by
San Bernardino.
of other
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If you have any questions,
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RegionaJ Commissioner
cc: Ms. Annie Ramos, City of San Bernardino Parks and Recreation
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C I T Y 0 F SAN B ERN A R DIN 0
INTEHOFFICE MEMOHANDUM
8808-216 REC'O.-AOKIH. OFF.
1989 Al.'G 12 PM 3: 38
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
<7~30 )
COPIES:
-------------------------------------------------------------
The
the
needs
American Youth Soccer Organization wil I be
City for assistance in their maintenance
of their soccer fields.
approaching
and utility
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 fnstallation 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 facilities.
Additional new park acreage requiring mowing coupled with a
constant breakdown of equipment has greatly impacted our
ability to mow all the areas in a timely manner.
In order to meet the department mowing needs of the city
faci lities, 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 I ities would take priority.
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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
!HlllHH:
Water for
Lighting
$ 3,500
Irrigatior.
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
ceonditions one of the following would occur:
1. Patton South, Speicher Park, Hampshire floodway,
Sterling parkway and Aquinas Triangle would not get
mClwed.
OR
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.
2.
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 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 gang mower - 45,000
Total - $80,000
The lighting and irrigation co~!, should remain the responsi-
b i I i ty of the socc er league.../ The soccer I eague may make
reference to the little leag,,!S 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
August 12, 1988
Page 3
on city ownRd 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 cha"ge 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.
Or,e 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 lity. 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
bel ieve it is in the best interest of the city to bai lout
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
"''PM play,.
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 1 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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ORIGINAL
,IMENDNENT NO.3
TO LEASE AGREEMENT
(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: 'ferm. 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.
Para!\raph 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
00 any termination of this lease, all improvements on said
I" "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
sh~ll not interfer in any manner with the operation of normal
schoOol busine~s at the San Andreas and/or the Highland Pacific
si:os, It is further hereby agreed that the District shall
have reasonable access to use the said facilities, not to
e:<ceed eight (8) hours per month, as stipulated by school site
officials. .
?~~1srap~ is hereby amended to read: Location and ownership.
'~lle athletic facilities installed as provided herein shall be
t::dntained on the aforedescribed Highland Jr. High School
grounds "nd sh,,11 at all times be and remain 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,
.
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 UNIFIED
SCHOOL DISTRICT
By:
Title: Regional Commissioner 130
HAROLD L. BORING, Ed.D.
Assistant Superintendent
Administrative Services
Date:
Date:
JAN 1 e 19813
Al-1Etim,lCNT NO. 2
'IO LEi\SE AGREEl-Th'T
(Highland .Jr. High Athletic Fiel.ds)
'lhe Lease i""r<=€.~t beuIleen the SAN BERNARDINO CITY UNIFIID SCHOOL DISTRIcr
and the ;..:.c'oJC'-.)l YOUTH SOCCER ORGANIZATION, dated De<EttJer 3, 1982, is hereby
aIrendcd in the folbwing manner:
1. Exceptions:
paraqraph 1.:
Effective July 1, 1986, the real property described below shall be
excluded fram the above-described Lease Jlgreerrent:
Along Orange Street, 180 feet north to the intersection
of the boundary line as it changes direction and p~s
northwest, fran this intersection point,. 615 feet along
a straight line \Nest 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 renain in full force and effect.
AMERICAN YOUTH SCCCER ORGANIZATION
SAN BERNl\RDINO CITY UNIFIID
SCHOOL DISTRIcr
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Narre: --/RANI<... L. L"o-k.. <;
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L. BORJN:i, .D.
Assistant SUperintendent
Mninistrative Services
,
Title: R.ejIO~".J CC"'''''''SI''nl"iL 130
Date: 10 -;2. ~ - ~
Date:
JLW 2 5 1986
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JIlll.:m~a'T NO. 1
TO IJ :'\SE AGREEr><iENT
(Eighland Jr. High Athlehc Fields)
The Lease ;'.greer!'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL
DIS'IRICT and Ar'2RICAN YOUTIi SOCCER OR3ANIZATION, dated DecenDer 3, 1982, is
hereby amended ir1 the follwing manner.
1. Paragraph 10 is hereby amended as follws:
10. Ivater, Electricity and G3.s. Lessee shall supply and bear
the cost of all water used at the Highland Jr. fugh School site for
the term hereof. District shall bear the cost of all electricity
used on ~~e leased premises until such time as Lessee installs
lighting on sports helds pursuant to paragraph 4. Upon c:c:apletion
ot 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 rreters, and for all
char'ges for such electricity. District shall bear the cost of all
natural gas used in the locker rooms for the term hereof.
n. I'd'i1q'.','ph 11 is hereby deleted and a new paragraph 11 ~s added as
folloNs:
11. Indermity. Indermity and insurance shall be provided as
follcws:
a. Lessee shall indemnify, hold harmless, and defend the
District against any and every claim, demand, action
or liilbility 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 llIlUt of $1,000,000.
The Lessee will furn~sh the District with Cert1fi-
cates of In"urance naming the District as an addi-
tional insured party.
c. Said policy set forth in paragraph 11 (b) shall be in
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fom satisfactory to District, and a cert~fk>d copy
of such pohcy shall be delivered to District at
ledst fifteen (15) days prior to its effective date.
III. All ot.l-]er terms and conditions of said !ease l\greerrent dated
December 3, 1982, shall remain in full force and effect.
LESSEE
A. Y. S. O.
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SAN BERNARDINO CITY UNIFIFD
SCHOOL DISTRIcr
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HAROID L. BORIIIl:;, D.
Assistant Superintendent,
Administrative Services
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LEASE AGREEMrnl'
(Highlu.nd Jr. High Athletic Fields)
TIiIS LE."..::E is rrade and entered into this 3rd
day of December
1982, by and between the SAN BERNA-ImINO CI'IY UNIFIED SCHOOL DISl'RICl', 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 rocrns, lbcated in the City of
San Bernardino, County of San Bernardino, State of California, described as
follo.vs and as shown on the map attached hereto and marked Exhibit "A".
T'nat certain property situated in the City of San Bernardino,
u:"'lnty 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 govern-
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 highway purposes by
deed recorded February 24, 1969 in Book 7186, Page 456, official
records of said county.
Excepting therefran the follo..ring 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:
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
aforen-entioned 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; tllence south along said west line to a
point on tlle north line of the south one-half of the southwest
SGut...'"rw.est onc-quarter of the northeast one-quarter of Section 32;
being a point on the centerline of Pacific Avenue; thence north
8904]'30" west to the Point of Beginning.
Also excepting any portion thereof lying \~ithin public streets.
2. Term. T'ne term of this lease shall be for a period of five (5)
years, COrw.enCiI1g on November 3, 1982
and ending on
November 2, 1987
This lease ooy be extended for three five (5) year
periods for a rnaxirmJm of t\~enty (20) years upon written llUtual a';j...""",ent 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 tiJre 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 DI'[,coverrents on said property installed by lessee, or its
licensees, shall becorre the property of the District. 'l.11e lessee shall be
responsible for the restoration of the property to its original coodi.tion
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 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 IlUtual
agreerrcnt of the parties hereto. Said iIrprovenents to be constructed by
lEssee hereunder shall be in accord ,nce with District'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
($ 1. 00
) pe (' YCilI, payable cormencing November 3,
1982,
and continuing on or lJefore the first clay of January each and
every year thereafter during the term hereof at 777 UF" ,Street,. San
Bernardino, California 92410.
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 p.rrposes
by Lessee, its agents, employees, 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 month, as stipulated by school
site officials.
7. IAAcd; un and CMnership. The athletic facilities installed as
provided herein shall be maintained on the aforedescribed Highland Jr. High
Schcol 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 ilrprovements to said school grounds.
8. Prohibition Against Assignment. Lessee shall not assign this lease
or its interest therein except with the prior written approval of District.
9. ~laint:enance and Olstodial 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
Lessee shall be responsible for the maintenanoe of the lighting system
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sprinkler system in a usable condition at all times during the term of this
agrcC!fC:lt: in order to assure that the playground turf areas are kept in
usable condition at all tines.
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for the terrr, :ce.ceof. Lessee's mintenance shall include the replacerrcnt of
bulbs, fixtm-es, ruses, switches, end all other items necessary to lI'C.intain
the ball field lighting system.
Lessee's ~aintenance of the field and the sprinkler system shall
include the application of necessary water, soil arrendrrent and fertilizers,
the IrCMing or t..l,e grass, and all necessary repairs to the sprinkler systan
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 prcgrams 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 hereot. 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 meters, 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
folla."s:
a. Lessee shall indemnify, hold hannless, and defend the
District against any and every claim, d€ll'al1d, action or
liability for danages or injury, and any cost or ehpen5e
in connection therewith, which arises out of or results
from (1) the use of the leased premises, (2) work done or
emitted 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 r.csSee, its
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ager.ts, err't'loyees, assigns cr pennittees, during the tenn
0:' this lease or any extension thereof.
Lessee shall, at its CMn expense, obtain and keep in effect,
during the tem of this lease or any extension thereof a
policy of liability and property c'lal1'age 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.
Lessee shall, at its CMn expense, also keep all buildings
and structures adequately insured against fire and all
policies shall contain extended coverage and insure against
IT'illicious 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 interest.s as its interests may appear. District
shall have the right to detennine 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 (e) shall
be in fom 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. 11l1.endrrents. This leilse may be arrended or rrodified only by a
written urrendrrent or m:xJ.ification 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 follCJ.oling addresses:
.
b.
c.
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11 Di s:.rict II
Sa!'. &.rr!ardino City Unified School Di!;t:cict
~Li~lnistrative 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 WHERroF, the parties hereto have executed this lease on
the date first hereinabove written.
LESSEE
SAN BERNARDlllO CITY UNIFIED
SCHOOL DISTRICT
~L-CJ-/~By
FRANK A. SCllUHA
A.Y.S.O. Regional Commissioner
Region 130
Jlr:,,-ui ~ ~~
HAROID L. BOR:rn3, D.
Assistant Superin t,
Administrative Services
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