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RESOLUTION NO. /~~/CJ
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA GEMS, INC.,
3 FOR THE USE OF PERRIS HILL :BALL PARK, AND REPEALING RESOLUTION
NO. 12355.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an agreement with Southern California Gems, Inc., for the
use of perris Hill Ball Park, a copy of which is attached hereto,
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marked Exhibit "I" and incorporated herein by reference as fully
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as though set forth at length.
SECTION 2. Resolution No. 12355 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Ber-
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nardino at a
the ~4I day of
meeting thereof, held on
1976, by the following vote,
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to wit:
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AYES:
Councilmen
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NAYS:
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ABSENT:
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The foregoing resolution is hereby
;/d
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day of
1976.
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l~JllE GOFORTH, City Clerk
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AGR!!M!NT
(perris hill ball park - license for use of)
THIS AGREEMENT is made and entered into this / ~~ day of
07/ ' 1976, by and between the CITY OF SAN BERNARDINO,
a municipal eorporation, hereinafter referred to as "City" and SOUTHERN
CALIFORNIA GEMS, INC., a California corporation, hereinafter referred to
as "Licensee".
_W_I_T_N_E_S_S_E_T_H:
WHEREAS, Licensee is the Franchise Holder of a women's softball
10 team of an organ1.saclleague with a professional rating, to wit: The
11 International Women's Professional Softball League, Westem Division; and
12 WHEREAS, Licensee is desirous of using the Perris Hill Ball Park
13 hereinafter referred to as "Ball Park", as the home field for the team
14 which it is sponsoring for the 1976 softball season; and
15 WHEREAS, City is the owner of said Ball Park and is willing to allow
16 the use by Licensee of said Ball Park, subject to all the terms, covenants,
17 and conditions hereinafter contained.
18 NOW, THEREFORE, in consideration of the mutual covenants, promises
19 and agreements herein contained, the parties hereto agree as follows:
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1. (a) City hereby gives Licensee permission to use Perris Hill
21 Ball Park, located at 900 East Highland Avenue, San Bemardino, Califomia,
22 for the purpose of conducting softball games involving the team which Licensee
23 is sponsoring, on the dates and times designated for said softball games
24 during the playing season of May 15 through September 15, 1976. The area used
25 hereinafter cal1ed premises shall be that area shown on Exhibit "A" attached
26 hereto and incorporated herein by reference.
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(b) Licensee shall fumish the City's Director of Park and
28 Recreation or designated representative, not later than April I, 1976, a
complete listing of regular season playing dates for softball games which
1 Licensee's team is scheduled to play; and said listing shall contain, as a
2 minimum, information as to the scheduled month, day and starting time for each
3 day of scheduled regular season play and shall, in addition, contain informatio
4 as to which playing dates are scheduled for two (2) games (double header).
S Licensee shall have first choice of any thirty-six (36) dates between May 1
6 and September 15, 1976, with the exception of those few dates in 1976 for which
7 the City has previously committed in writing the use of the Ball Park. Prior
8 to April 1, 1976, City will grant Licensee the right of first refusal for any
9 dates City may be required to commit for between May 1 and August 31. Licensee
10 may reschedule games during the playing season with approval of Director of
11 Park and Recreation, provided that games may not be rescheduled to any date
12 for which City has previously committed the use of the Ball Park. City
13 reserves the right to grant use permits to other applicants at all times
14 between May 1 and August 31, 1976, except playing dates previously scheduled
15 and confirmed for Licensee.
16 (c) Licensee intends to schedule the majority of games at night
17 with a starting time of 8:00 p.m. except in case of a double header which will
18 start at 7:00 p.m. Games will consist of nine (9) innings (except double
19 headers which will consist of seven (7) innings) and should normally end by
20 about 10:30 p.m., except in unusual circumstances such as tie games, etc.
21 Licensee will use its best efforts to schedule Sunday games during the daytime.
22 (d) City gives Licensee exclusive permission to broadcast from
23 the Ball Park for radio or television broadcasting descriptions of any of'
24 Licensee's games.
25 (e) During the term of this agreement, Licensee shall utilize
26 the name "Southern California Gems" to designate its team, unless legally
27 prevented from doing so. Regardless, the name "San Bernardino" shall be used
28 as the date line in all press releases originated by Licensee.
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2. (a) Licensee shall provide City with a gross operations
(revenue and expenditure) projection for the 1976 season and Corporation
Financial Statements prior to May 1, 1976.
(b) Licensee agrees to provide and install at its own cost
prior to May 20, 1976, appropriate portable outfield fencing, portable
bleachers, portable restroom facilities and public address system at the Ball
Park in accordance with specifications approved by the City's Director of Park
and Recreation.
(c) Licensee shall pay and reimburse the City for all electrical
energy, grounds maintenance, standby electricians, if required, all maintenance
costs, all required field renovation as requested in writing by Licensee
and all alteration costs incurred by City. Further, Licensee shall pay to
City on a monthly basis, a rental fee of fifty dollars ($50.00) per day or
five percent (5%) of the gross revenue received per day including all sales
from any source at the Ball Park, whichever sum is the greater. The foresaid
five percent (5%) of gross revenue shall include proceeds from the sale of
season tickets, provided said proceeds from the sale of season tickets shall
be allocated and paid as the games occur. All of said charges shall be
computed by the Finance Department of City. Licensee shall furnish a
verified statement in a form satisfactory to City of the monthly gross
revenues from its activities hereunder to City no later than the fifth (5th)
day of the month succeeding that month for which said gross receipts are
furnished. The first monthly report due hereunder will be on the fifth (5th)
day of June, 1976, for the month of May, 1976, and continue thereafter
on the fifth (5th) day of each month thereafter. Licensee shall pay for
all of said charges within ten (10) days after receipt of the billing from
City. City shall have the right to review and audit all accounting and
financial records of Licensee at reasonable times and places in order to verify
the accuracy of Licensee's statement. Licensee shall maintain sufficient and
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adequate records in accordance with City's standards to enable City to make
such a review and audit. Said records shall be maintained at a location
within the City of San Bernardino, California.
(d) Prior to the commencement of Licensee's rights to use the
Ball Park hereunder, Licensee shall deposit a certified check in the amount
of three thousand five-hundred dollars ($3,500.00) made payable to the City
of San Bernardino as advance payment and security fund for its performance
hereunder. City as provided herein may deduct all charges on a monthly basis
from said fund held by City, and Licensee shall, within five (5) days after
notification to so do, replenish and maintain said fund to a minimum balance
of one thousand dollars ($1,000.00). In the event Licensee fails to accomplis
this reimbursement when requested, Licensee's rights hereunder shall terminate
forthwith. Within thirty (30) days of termination of this agreement and after
final inspection of premises by City and payment by Licensee of any charges
due City under terms hereunder, City shall return to Licensee any remaining
unused portion of said fund.
3. Licensee agrees to accept ballfield, grandstand, restrooms,
concession stand and ticket booth in present condition and agrees they are
in good condition. Licensee shall take good care of the premises and
immediately surrounding areas as shown in Exhibit "A". The premises shall
not be altered, repaired or changed without the prior written consent of the
Director of Park and Recreation being first obtained. Licensee shall further
act as watchman and conservator of the premises during the hours of such use.
All changes or modifications of the premises or repairs to any equipment
installed by the Licensee that may be required shall be done either by or
under the direction of City, but at the cost of Licensee. Any additions and
improvements made to the premises by Licensee shall be and become the property
of City and shall remain upon and be surrendered with the possession of the
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1 p~emises upon the termination of this agreement. Provided, however, that at
2 City's option, Licensee shall at its expense when surrendering possession of
3 the premises remove anything installed in or upon the premises by Licensee
4 that City designates and directs to be removed; provided, further, that all
5 change, injury or damage done or permitted to the premises by Licensee, or by
6 any person who may be in or on the premises with the consent of Licensee shall
7 be repaired and paid for by Licensee; provided further, that upon the
8 termination of this agreement, Licensee shall surrender possession of the
9 premises to City in as good condition and repair as they were originally
10 accepted hereunder, reasonable wear and tear excepted.
11 4. Licensee will use said premises only for the purpose of
12 conducting women's professional softball games during the periods as specified
13 in Sections l(a) and l(b) herein, and special promotional activities
14 associated with such games and approved by the Director of Park and Recreation.
15 5. Licensee hereby agrees to, and shall hold City, its elective and
16 appointive boards, commissions, officers, agents and employees harmless from
17 any liability for damage or claims for damage for personal injury, including
18 death, as well as from claims for property damage which may arise from
19 Licensee's operations under this agreement, whether such operations be by
20 Licensee or by anyone or more persons directly or indirectly employed by or
21 acting as agent or for Licensee. Licensee agrees to and shall defend City and
22 its elective and appointive boards, commissions, officers, agents and employees
23 from any suits or actions at law or in equity for damages caused, or alleged
24 to have been caused, by reason of any of the aforesaid operations or acts.
25 6. Licensee agrees to pay and discharge as they become due and
26 payable, all claims for materials furnished or services rendered upon or
27 concerning said property and shall keep said property free and clear of any
28 claims or liens therefor; and further, Licensee shall keep and save harmless
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1 and indemnify City and its elective and appointive boards, commissions,
2 officers, employees and agents from any and all loss or damage by reason of any'
3 suit or claim for injury to person or property suffered by any person or firm,
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whether on said premises so occupied by or on the streets or pavements
1 adjoining the premises.
Licensee shall, prior to the commencement of the term hereof, provide
City with a policy of public liability and property damage insurance with a
company satisfactory to the City, which policy shall be in the limits of
one-hundred thousand dollars ~100,000.00) per person and three-hundred thousand
dollars ($300,000.00) per accident for bodily injury and twenty-five thousand
dollars ($25,000.00) per accident for property damage and shall have as the
12 named insured Licensee and City. All evidence of insurance required hereunder
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shall be in a form satisfactory to City and shall contain an endorsement to
the effect that no change or cancellation in the terms thereof shall be
effective unless at least ten (10) days written notice thereof has been given
the City.
7. City shall through its Park and Recreation Director, impose a
18 requirement hereunder that Licensee provide and pay for security officers to
19 maintain order and security during Licensee's activities at, in and around
20 the Ball Park. Licensee shall be required to provide and pay for a minimum of
21 one (1) uniformed security officer as approved by the Chief of Police for each
22 five-hundred (500) persons of anticipated attendance. City shall determine, in
23 its sole discretion, the anticipated number of persons per event for the
24 purpose of determining the minimum number of security officers required.
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8. Licensee shall have the exclusive right at its games to sell
26 softball-related souvenirs only (softballs, programs, caps, helmets, pennants,
27 etc.) from a sales stand at or in the premises.
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9. Licensee shall have the right to all advertising space upon the
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portable outfield fence facilities to be provided by Licensee at said Ball Park
and to maintain signs thereon, with the exceptions hereinafter noted, for the
period beginning May 1 and ending August 31, 1976, provided that no sign shall
be placed on any signboard unless it has been first approved by the City's
Director of Park and Recreation. In no event shall Licensee permit political
advertising upon said outfield fence facilities or elsewhere within or at said
Ball Park. The selling of sign spaces, and the painting and maintaining of
the sign, and the doing of other things incidental to such sign spaces as sold
by Licensee shall be done by Licensee at its sole expense. Licensee shall,
subject to the prior written approval of City's Director of Park and Recreation,
have the right to paint the following: "Home of the Southern California Gems",
on the exterior portion of the grandstands.
10. City agrees to grant concession rights to Licensee for all
softball playing dates during term hereof for the sale of refreshments and
other articles from refreshments stands or vendors; provided by Licensee,
provided, Licensee will abide by the provisions of Ordinance #1554 of City,
11. Admission prices scheduled for all games to be played on the
premises shall be three ($3.00) dollars for box seats behind home plate, two
dollars and fifty cents ($2.50) for selected base line seats, one dollar and
fifty cents ($1.50) for general admission and a dollar ($1.00) for senior
citizens, age sixty (60) or older and youth twelve (12) years of age and under.
Special discounts and group rates shall be subject to approval in writing by
the Director of Park and Recreation in advance. Should the decision of the
Director of Park and Recreation not be acceptable to Licensee, Licensee may
appeal to the Mayor and Common Council of City. The decision of the Mayor and
Common Council shall be final. Should Licensee deem the decision of the Mayor
and Common Council unacceptable, Licensee shall so state in writing and this
agreement shall immediately terminate.
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Licensee hereby agrees to fully and faithfully comply with each,
every and all of the laws and regulations of the United States, the State of
California and the City of San Bernardino. Licensee further agrees to abide
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by and conform to all applicable rules and regulations from time to time
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i:adopted or prescribed by the City or any governmental authority.
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13. Licensee shall permit City and its agents to enter into and
7 lupon the demised premises at all reasonable times during which they have
8 possession pursuant hereto, for the purpose of inspecting the same, for the
9 purpose of making repairs, alterations or additions to any other portion of the
10 premises, including the erection of scaffolding, props or other mechanical
11 devices; and for the purpose of posting notice of responsibility for
12 alterations, additions or repairs made by Licensee.
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14. Appointment of a receiver to take possession of Licensee's
14 assets (except a receiver appointed at City's request), Licensee's general
15 assignment for benefit of creditors, or Licensee's insolvency or taking or
16 suffering action under the Bankruptcy Act is a breach of this agreement and
17 upon such a breach, Licensee's rights hereunder shall terminate forthwith.
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15. The failure or waiver by City to insist upon the performance of
19 any of the covenants or conditions of this agreement shall not constitute a
20 of any right or remedy of said City for any subsequent breach of any
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hereto.
21 ovenant, promise or condition herefor.
16. This agreement constitutes the entire agreement of the parties
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only be amended or modified by written agreements signed by both the
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17. This agreement shall not be assigned by the Licensee without
26 he prior written consent of City.
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18. Time is of the essence with respect to the performance of all
28 erms and conditions of this agreement.
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19. Either party to this agreement may teminate this agreement by
2 giving the other party thirty (30) days advance written notice; provided,
3 however, that if Licensee teminates this agreement all sums due from Licensee
4 to City hereunder shall be paid by Licensee to City prior to the termination
5 date.
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20. All notices herein required shall be in writing and delivered
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in person or sent by certified mail, postage prepaid as follows:
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City of San Bernardino
Park and Recreation Department
300 North "D" Street
San Bernardino, California 92418
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Southern California Gems, Inc.,
2555 East Chapman Avenue, Suite 505
Fullerton, California 92631
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IN WITNESS WHEREOF, the parties hereto have subscribed their names
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the day and year first hereinabove written.
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ATTEST:
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SOUTHERN CALIFORNIA GEMS, INC.
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