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HomeMy WebLinkAbout40-Community Services ,,'I> '1;oeet" {~~~. .~Q~\ ... r4lllli'~::! ~~ '..4l '" '0'" QIINOED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to yo~th soccer ev.,YOM play,' --J~ 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 approximat~ly one thousand to one thousand five hundred players each year. The majority of our games ale played at AYSO PARC in the Fall and Spring seasons. Our enrollment has been decl ining 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. W8 would Bernardino. We would like the irrigation system on the soccer fields maintained by the City of San Bernardino. We would like the City of San Bernardino to pay for the water used to i,-rigate th8 soccer fields. We would like the lights on the I'epaired by t,tle City of San Bernardino. We WOllld like the City of San Bernardino to r~Y tor 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. like fields mowed the City by the soccer :::. 3. of San 'L soccer fi~lds maintained and of other t,hl? City of :;Q IT! ("') o 5, 6. It you have any questions, Thank You, trlen please call me at (714) ("Eo co -= 887-9507.,.,. g /}:;C;fr ff~ Roger Itaya J RGgional Commissioner c': 1'1,;. Annll? Ramos, ~i~y of S~n B8rnardino Parks and Recreation fO I W > <:) :;r: % o "Tl -TJ ~~ J;:" c;; c.D ~. Ie. '- .J C I T Y 0 F SAN B ERN A R DIN 0 INTEHOFFICE MEMOHANDUM 8808- 216 REC'D. .AOHIH. OFF. IS88 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!i30) COPIES: ------------------------------------------------------------- The American Youth Soccer Organization wil 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 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. 410 ~ INTEROFFICE MEMORANDUM: 8808-216 AYSO - R@qu@st for Maint@nanc@ Assistanc@ August 12, 1988 Pag@ 2 Th@ following is a cost @stimat@ attribut@d to th@ socc@r facility: Mowing blH!HIH: Wat@r for Lighting $ 3,500 Irrigatior, 15,000 7,885 Total $26,385 It should b@ not@d that it is not th@ mowing costs that mak@ mowing of th@ socc@r fi@lds prohibitiv@; it is th@ availabi- I ity of manpow@r to accommodat@ th@ incr@as@d acr@ag@. To continu@ to mow the soccer fields under the present conditions on@ of th@ following would occur: 1. Patton South, Speicher Park, Hampshire floodway, Sterl ing parkway and Aquinas Triangle would not g@t mow@d. OR 2. If all areas including the socc@r fi@lds are to be mow@d, th@ mowing turn around tim@ would incr@as@ from 7 days to 11 days at al I areas. This would creat@ a less desireabl@ appearance of th@ ar@as for a longer period of time. Th@ h@ighth of th@ grass would b@ much tal I@r and a poor@r cut by the 7 gang mow@r would be @vid@nt, r@quiring additional pass@s by the rotary mow@rs. The w@ar on th@ equipm@nt also would be gr@atly incr@as@d as a r@sult. In order to continu@ mowing th@ socc@r faciliti@s, an additional position would the backup mow@rs could be used by th@ how@ver, wh@n br@akdown occurs th@r@ equipment to put in operation. fi@lds ~n~ th@ park b@ r@quir@d. One of additional position; would b@ no backup The cost for an additional position with no n@w @quipm@nt is: P.M.IoI. III - $35,000 With additional equipment: P.M.W. III - $35,000 (II 7 gang mow@r - 45,000 Total - $80,000 The I ighting and irrigation costs should r@main th@ r@sponsi- bi I ity of th@ soccer league. The socc@r I@ague may mak@ r@f@r@nc@ to th@ I ittl@ I@agu@s having th@ir faci I iti@s and uti I iti@s taken car@ of by th@ city. This is tru@. However, it also should be noted that the I ittl@ I@agu@s ar@ 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 chaMge 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. Orle 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 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. ~~1?- ANNIE F. RAMOS Director of Parks, Recreation and Community Services Department AFR:tr \\ SOCCi" <:,,~\ "-9. i~~l .~\ a=,-. ~.. \~ '~i ,t: '0" OliN OED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer evetyOH play" AYSO REGION 130 BUDGET 1988 FALL SOCCER SEASON Dec., 1987 INCOME Registration fees Sponsor contributions Fund raisers Concession stand SO/50 raffle Fireworks booth Dance $34,750.00 7425.00 Interest $4,800.00 1,800.00 18,000.00 3.600.00 28,200.00 28,200.00 200.00 Total Income: $70,575.00 EXPENSES AYSO Inc. Fees Fund raiser supplies Concession stand SO/50 raffle Fireworks booth Dance $7,000.00 Pictures Trophies PlaYing equipment Uniforms Coaches training Referee training & uniforms Water-fields Electricity-lights Irrigation maintenance Postage $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 Total Expenses: $71,235.00 To ta I Income Total Expenses $70,575.00 71,235.00 Net Profit or <Loss> <$860.00> ..,.- , f.. '-..) / LEASE AGRE>>lENT (Highland Jr. High Athletic Fields) THIS LE.""""""E is rrade and entered into this 3rd day of Decemb~r 1982, by and between the SAN BERNARDINO CITY UNIFIED SQlOOL 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 reed property, including field house locker roans, lOcated in the City of San Bernardino, County of San Bernardino, State of California, described as follONs and as shown on the map attached hereto and marked Exhibit "A". That certain property situated in the City of San BeJ:nardino, C'()(lDty of San Bernardino, State of California, to wit: That portion of the southwest one-quarter of the northeast one- quarter of Section 32, 'IWlship 1 North, Range 3 West, San Bernardino Base and Maridian accordil1g to the official govern- survey thereof, lying southwesterly of the Atcheson, 'Ibpeka and Santa Fe Railroad right-of-way and scutherly of that certain land conveyed to the State of California for highway purposes by deed recorded February 24, 1969 in Beak 7186, Page 456, official records of said county. Excepting therefran the folla-ling described: Beginning at a point on the south line of the southwest one-quart:er 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 dista11ce 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 aforerrentioned land deeded to the State of California for highway purposes; thence along said scutherly 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; Ulence south along said west line to a point on Ule north line of the south one-half of the southwest one-<jUarter of the northeast one-quarter of Section 32; thence east along said north line to a point on the east line of the southwest one-quarter of the northeast one-quarter of Section 32; thence south along said east line of the southeast corner of the scut..'Y....est one-quarter of the northeast one-quarter of Section 32; beiI:g a point on t.'1e centerline of Pacific Averroe; thence north 8904]'30" west to the Point of Beginning. Also excepting any portion thereof lying within public streets. 2. Term. T'ne term of this lease shall be for a pericxl. of five (5) years, comrencing on November 3. 1982 and ending on November 2, 1987 This lease ooy be extended for three five (5) year pericxl.s for a maxi.nun of t:\~enty (20) years upon written lTUtual ag~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 party given at least sixty (60) days prior to the effective date of tennination; provided, however, that on any termination of this lease, all inpoverrents on said property installed by Lessee, or its licensees, shall becorre the property of the District. The 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 lIDlti-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 agreerrent of the parties hereto. Said inproverrents to be constructed by Lessee hereunder shall be in acconT .nce with District's specifications and the joint requirB~nts 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 (S 1. 00 ) per 'fear, payable comrencing November 3, 1982, end continuing on or lJefore the first day of January each and every year t.hereafter during the tem hereof at 777 "F" Street,. San Bernardino, California 92410. 5. Cost of Construction. Lessee shall aSSlllTle and pay all oosts 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 exceccl eight (8) hours per rronth, as stipulated by school site officials. 7. LocaL!on and CMnership. The athletic facilities installed as provided herein shall be lMintained on the aforedescribed Highland Jr. High School grounds and shall at all times be and rell'ain the property of the Dis- trict, subject to lessee I s right to use the facilities as provided herein. District may, at its discretion, add iJrproverrents 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. Maintenance and Custodial Services. lessee shall, at its expense, lMintain the school grounds during the tenn hereof unless said lMintenance ~ i i i I I I I I I I , I I I i terns are hereinafter listed as being District I s responsibility. Lessee shall repair and lMintain the turf areas and an adequate sprinkler system in a usable condition at all times during the term of this agree.'Tl2nt in order to assure that the playground turf areas are kept in usable condition at all times. Lessee shall be responsible for the lMintenance of the lighting system for the terrE ::e:ceof. Lessee's I1Bintenance shall include the replacerccnt of bulbs, fixtures, fuses, switches, end all other items necessary to maintain the ball field lighting system. Lessee's ~aintenance of the field and the sprinkler system shall include the application of necessary water, son arrendrrent and fertilizers, the rrowing of t.h.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. Water and Electricity. Lessee shall supply and bear the cost of all water to be used in maintaining the grass and planting areas for the term hereof. Lessee shall bear the cost of all electricity used for illum- inating the athletic fields. Lessee shall be responsible for installation of any neces5ar.i electrical rreters, 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 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 of or results from (1) the use of !11e leased premises, (2) work done or anitted to be done upon the premises, (3) any business or other activity upon the leased premises, or (4) any de- fective condition of the leased premises, by Lessee, its A agents, errt"2loyees, assigns or permittees, during the tenn of this lease or any extension thereof. b. Lessee shall, at its = expense, obtain and keep in effect, during the term of this lease or any extension thereof a policy of liability and property daJrege 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 = expense, also keep all buildings and structures adequately insured against fire and all policies 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 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. Amendnents. This lense may be amended or rrodified only by a written iilTl2IldIrent 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 , . . "Dis~ictll Sa!'. Bernardino City Unified School District IiL~lnistrative Services Office 777 North tlF" Street San Bernardino, CA 92410 "Lessee" American Youth Soccer Organization P. O. Box 2855 San Bernardino, CA 92406 IN WITIiESS WHERroF, the parties hereto have executed this lease on the date first hereinabove written. LESSEE SAN BERNARDTIIO CITY UNIFIED SOiOOL DISTRIcr ~ -L(2/~BY FRANK A. SCHill-IA A.Y.S.O. Regional Commissioner Region 130 i.- /I' f f I J,:~III..Ul ~. ~~ HAROLD L. BORIN>, D. Assistant Superin t, 1\dministrative Services 6 - , l'.I1:mr-:ENT NO. 1 'TO IJ;'\SE AGRE:EPiENT (Eighland Jr. High Athletl.c Fields) The Lease .~.gree.'C'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and Al€?.ICl\N YOlJ'IH SOCCER ORGANIZATIOt.'l, dated December 3, 1982, is hereby amended L, the following manner. 1. Paragra"h 10 is hereby arrended as follows: 10. \'iater, Electricity and Gas. 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 t!le leased premises until such tinE as Lessee installs lighting on sports helds pursuant to paragraph 4. Upon c:arpletion at said installation, Lessee shall bear the cost of all electricity used for illuminating the sports fields. Lessee shall be responsible for installation of any necessary electrical rreters, and for all chax-ges for such electricity. District shall bear the cost of all natural gas used in the locker rooms for the tem hereof. II. Pd("q~-.,?h 11 is hereby deleted and a new paragraph 11 1.S added as folloNs: l' -~. follcws: Indermi ty . Indemnity and insurance shall be provided as a. Lessee shall indemnify, hold hannless, and defend the District against any and every claim, dem3nd, action or liability for clarrages or injury, and any cost or expense in connection therewith, which arises out at or results from (11 the use of the leased premises, (2) work done or anitted to be done upon the "remises, (3) any business or other activity upon the leased premises, or (41 any defective condition of the leased premises, by Lessee, its agents, employees, assigns or penni ttees, during the tem of this lease or any extension thereof. b. Lessee shall, at its own expense, obtain and keep in effect, during the tem of this lease or any exten- sion thereof a policy of liability and property clarrage insurance with the single llllUt of $1,000,000. The Lessee will furnl.sh the District with certIfi- cates of Dj~urance naming ~le District as an addi- tional insured party. c. Said policy set forth in paragraph 11 (b) shall be in . ./ , form satisfactory to District, a~d a certlfi~'Cl copy of such polley shall be delivered to District at least fifteen (15) days prior to its effective date. III. All other terms and conditions of said Lease l\greerrent dated. December 3, 1982, shall rerrain in full force and effect. LESSEE A. Y. S. O. G~ SAN BERNARDINO CITY UNIFIED SOIOOL DISTRIcr By d .. ~ t{1, ~~l 1- )(:Y\~ IfAROW L. BORING, D. Assistant Superintendent, Administrative Services I I J N.1ELlJi.!LNT NO. 2 TO ill,.')E AGREENEr,'T (Highland ,Jr. High Athletic Fields) 'I'he Lease i\CTret.'rellt between the SNJ BERNARDINO CITY UNIFIED SCHOOL DISTlUCT and the ,c.c"'.Ic.:.:-i YOG'TH SOCCER ORGANIZATIOO, dated J::'ecember 3, 1982, is hereby arrended in the foll:Nling manner: 1. Exceptions: Para=-"o.'1 1.: . Effective July 1, 1986, the real property described below shall be excluded fran the above-described Lease Agreerrent: Along Orange Street, 180 feet north to the intersection of the boundary line as it changes direction and Proceeds northwest, from 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 fran the San Andreas site. 2. All other terms and oonditions of the Agreerrent described herein shall renain in full force and effect. NIERICAN YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIID SCHOOL DISTRICT (~~A~. Narre: -7~,,- I. Loo+<-"l <; ~~~ L. BOR.IN:i, Ed.D. Assistant Superintendent Administrative Services Title: Re~lo~.....1 (O,"""".sSIO"'''t.... 130 Date: 10 -.;J... ~ _ ~..., Date: Jtm 2 5 1986 ORiGINAL MlENDNENT NO. J TO LEASE AGREEMENT (Highland Jr. Figh 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. Paragraph 3 is hereby amended to read: Right to Terminate. The District and Lessoe 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 pl.Jperty 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: Use. The property shall be used solely for recreational purp;ses by Lessee, its agents, employees, assigns or permittees. Lessee's activities shall not interfer in any manner with the operation of normal sch,Jol businesa 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;.als. , , , I I I I I I I ,?ara5raplt 7 is hereby amended to read: Location and ownership. The athletic facilities installed as provided herein shall be ~aintained on the aforedescribed Highland Jr. High School grounds and shall at all times be and remain the property of the District, subject 1.0 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 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}~RICfu~ YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT HAROLD L. BORING, Ed.D. Assistant Superintendent Administrative Services By: Title: Regional Commissioner 130 Date: JAN 1 ~ 1908 Date: , I r ) I