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HomeMy WebLinkAbout1980-116 RESOLUTION NO. a C; RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO SEMI-PRO BASEBALL ASSOCIATION, INC. RELATING TO THE USE OF PERRIS HILL BALL PARK FOR THE SAN BERNARDINO NATIONAL BASEBALL CON- GRESS TOURNAMENTS . BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 San Bernardino Semi-Pro Baseball Association, Inc. relating to the use of Perris Hill Ball Park for the San Bernardino National Baseball Congress Tournaments a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1980, by the following vote, to wit: AYES: Councilmen C NAYS: ABSENT: ---�� � C Y CLERK The foregoing resolution is ere �p o t is day of , 1980 . OR F HE PITY OF^N BERNARDINO Appr as to form• City A torney A G R E E M E N T (National Baseball Congress 1980 Summer Tournaments) THIS AGREEMENT is made and entered into this day of 1980, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and SAN BERNARDINO SEMI-PRO BASEBALL ASSOCIATION, INC. , hereinafter referred tofas "Licensee". W I T N E S S E T H WHEREAS, Licensee is desirous of using the Perris Hill Ball Park, hereinafter referred to as "Ball Park", for the San Bernardino National Baseball Congress Tournaments on July 4, 5, 6, and 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 1980. WHEREAS, City is the owner of said Ball Park and is willing to allow the use of said Ball Park by Licensee, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties agree as follows: 1. City hereby gives Licensee permission to use Perris Hill Ball Park, located at 900 East Highland Avenue, San Bernardino, California, for the purpose of conducting the Baseball Tournaments on the dates and times designated for said Tournament during the periods of July 4, 5, 6, and July 11, 12, 13, 14, 15, 161 17, 18, 19, 20, 1980. The area used, hereinafter call "premises", shall be that area shown on Exhabit "A" attached hereto and incorporated herein by reference. 2. Licensee shall furnish to the City Director of Park and Recreation or his designated representative, not later than June 29, 1980, a complete listing of teams scheduled to play. 3. Licensee intends to schedule the majority of games at night with a starting time of 8:00 P.M., except in case of a doubleheader which will start at 5,30 P.M. - 2 - 4. Licensee shall have exclusive permission to broadcast from the Ball Park for radio or television broadcasting description of any of Licensee's games. 5. During the term of this agreement Licenses shall utilize the name San Bernardino Semi-Pro Baseball Association, Inc. , and the name "San Bernardino" shall be used as the date line in all press releases originated by Licensee. 6. (a) Licensee shall provide City with a gross operations (revenue and expenditure) projection for the 1980 Tournaments prior to June 15, 1980. (b) Licensee shall pay and reimburse the City for all electri- cal energy, ground maintenance, standby electricians, if required, all facility 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 a rental fee of ten dollars ($10.00) 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 aforesaid five percent (5%) of gross revenue shall include proceeds from the sale of tickets. 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 Tournaments gross revenues from its activities hereunder to City no later than October 1, 1980. Licensee shall pay for all of said charges within thirty (30) 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 adequate records in accordance with City's standards to - 3 - enable City to make such a review and audit. Said records shall be maintained at a location within the City of San Bernardino, California. (c) Prior to the commencement of Licensee's rights to use the Ball Park hereunder, Licensee shall deposit a certified check in the amount of five hundred dollars ($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 from said fund held by City. Within thirty (30) days of termination of this agreement, and after final inspection of premises by City and payment by Licensee of any charge due City under the terms hereof, City shall return to Licensee any remaining unused portion of said fund. 7. Licensee agrees to accept the ballfield, grandstand, restrooms, concession stand and ticket booth in its present condition. Licensee shall take good care of the premises and immediately surrounding areas as shown on Exhibit "A". The premises shall not be altered, repaired or changed without the prior written consent of the Director of Park and Recreation. 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 premises upon the termination of this agreement. Provided, however, that at City's option, Licensee shall, at its expense when surrendering possession of the premises, remove anything installed in or upon the premises by Licensee that City designates and directs to be removed; provided, further, that all change, injury or damage done or permitted to the premises by Licensee, - 4 - or by any person who may be in or on the premises with the consent of Licensee shall be repaired and paid for by Licensee; provided, further, that upon termination of this agreement, Licensee shall surrender possess- ion of the premises to City in as good condition and repair as they were originally accepted hereunder, reasonable wear and tear excepted. 8. Licensee will use said premises only for the purpose of conduct- ing the Baseball Tournaments during the periods as specified in Paragraph 1, and promotional activities associated with such games and approved by the Director of Park and Recreation. 9. Licensee hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harm- less from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Licensee's operations under this agreement, whether such operations be by Licensee or by any one or more persons directly or indirectly employed by or acting as agent for Licensee. Licensee agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations or acts. 10. Licensee agrees to pay and discharge as they become due and payable all claims for materials furnished or services rendered upon or concerning said property and shall keep said property free and clear of any claims or liens therefor; and further, Licensee shall keep and save harmless and indemnify City and its elective and appointive boards, com- missions, officers, employees and agents from any and all loss or damage by reason of any suit or claim for injury to person or property suffered by any person or firm, whether on said premises or on the streets or pave- ments adjoining the premises. - 5 - Licensee shall, prior to the commencement of the term hereof, pro- vide City with a certificate of insurance and an additional insured endorsement evidencing a policy of public liability and property damage insurance with a company satisfactory to the City, which policy shall have a combined single limit of not less than $500,000.00 and shall name City as an additional insured. The certificate shall state that Licensee's insurance will be primary to any insurance coverage City may have in effect. All evidence of insurance required hereunder 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. 11. Licensee shall provide and pay for security officers to maintain order and security during Licensee's activities at, in and around the Ball Park. Licensee shall provide and pay for a minimum of one (1) uniformed security officer as approved by the Chief of Police of City for each five hundred (500) persons of anticipated attendance. City shall determine, in its sole discretion, the anticipated number of persons per event for the purpose of determining the minimum number of security officers required. 12. Licensee shall have the exclusive right at its games to sell base- ball related souvenirs only (baseballs, programs, caps, helmets, pennants, etc.) from a sales stand at or in the premises. 13. Licensee shall have the right to provide all advertising space upon the outfield fence facilities at said Ball Park and to maintain signs thereon, with the exceptions hereinafter noted, for the period beginning July 4, 1980, through July 20, 1980. No sign shall be placed on any sign- board 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 - 6 - 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. 14. Licensee shall obtain food concession service from the ball- park food concession under terms and conditions mutually agreed to be- tween the parties. Should said conditions not be acceptable to Licensee, the Director of Park and Recreation will specify the terms under which the concession will be operated. 15. Admission prices scheduled for all games to be played on the premises shall be two dollars ($2.00) for general admission and one dollar ($1.00) for youth twelve (12) years of age and under. Special discounts and group rates shall be subject to advance written approval of the Director of Park and Recreation. 16. 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 by and conform to all applicable rules and regulations from time to time adopted or prescribed by the City or any governmental authority. 17. Licensee shall permit City and its agents to enter the premises at all reasonable times for the purpose of inspecting the same, making repairs, alterations or additions to any other portion of the premises, including the erection of scaffolding, props or other mechanical devices, and for the purpose of posting notice of responsibility for alterations, additions or repairs made by Licensee. 18. Appointment of a receiver to take possession of Licensee's assets (except a receiver appointed at City's request) , Licensee's general assign- ment for benefit of creditors, or Licensee's insolvency or taking or suffer- ing action under the Bankruptcy Act is a breach of this agreement and upon _ 7 _ such a breach, Licensee's rights hereunder shall terminate forthwith. 19. The failure or waiver by City to insist upon the performance of any of the covenants or conditions of this agreement shall not con- stitute a waiver of any right or remedy of said City for any subsequent breach of any covenant, promise or condition. 20. This agreement constitutes the entire agreement of the parties and may only be amended or modified by written agreements signed by both the parties hereto. 21. This agreement shall not be assigned by the Licensee without the prior written consent of City. 22. Time is of the essence with respect to the performance of all terms and conditions of this agreement. 23. Either party to this agreement may terminate this agreement by giving the other party ten (10) days advance written notice; provided, however, that if Licensee terminates this agreement all sums due from Licensee to City hereunder shall be paid by Licensee to City prior to the termination date. 24. All notices herein required shall be in writing and delivered in person or sent by first class mail, postage prepaid, addressed as follows: City of San Bernardino San Bernardino Semi-Pro Park and Recreation Department Baseball Association, Inc. 300 North "D" Street 28499 Carriage Hill Drive San Bernardino, CA 92418 Highland, CA 92346 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. CITY OF SAN BERNARDINO ATTEST: 34/z a &A4A B a or Y City Clerk SAN BERNARDINO SEMI-PRO BASEBALL ASSOCIATION By 47 ./0't� By 7Z Approved as to form: City Atto ey - i _ J 11 UI 1 { r 1f • t ! I i n • i •� r ry €� J 1 it 1: .V., 1191HXU Lu \\t CD. w ;E li Y � ( _ . � .. � 11 .1 � _• u c!en • t 11 1