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Home My WebLink About16-Public Services . CITY OJ: SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Jim;Howell, Q.irector. Subject:: Requesting approval to provide no cost refuse disposal services at the San Bernardino Municipal Sports Complex Dept: Public Services Date: August 17, 1998 ORIGINAL Synopsis of Previous Council Action Recommended Motion: Approve resolution Contact person: Jim Howell Phone: 5140 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: Council Notes: 1f"-$s-' Agenda Item No. / to q/~Jq r CITY OF SAN BERNARD~O - REQUEST FOR COUNCIL ACTION STAFF REPORT Q1ijECTIVE The California Youth Soccer Association (CYSA), lessee of the San Bernardino Municipal Sports Complex, request the Mayor and Common Council approve their request to provide no cost refuse disposal services (see attachment). BACKGROUND CYSA, a not for profit/public benefit cOlporation, entered into a development agreement with the City in November 1996 to construct and operate a fifty acre soccer facility on the City property known as the San Bernardino Municipal Sports Complex in partnership with the City. CYSA has invested more than $450,000 for site improvements. As the lessee, the agreement holds CYSA responsible for all charges for refuse disposal. However, the City Refuse Division provides no cost refuse disposal services to all other City Parks and recreation facilities. CYSA kicked off their first three-day soccer tournament on January 10, 1998 and since then have conducted many multi-day soccer tournaments resulting in more than half a million participants and spectators visiting the facility and it is estimated that seven hundred thousand will visit the sports complex by year end. As a result of the crowds of spectators drawn to the tournaments, businesses such as hotels, motels, gas stations and restaurants have experienced increased sales volumes while Transient Occupancy Tax and sales tax revenues have increased to the City's General Fund. CYSA's successful operation of the facility also benefits the City of San Bernardino's "image". FINANCIAL IMPACT It is estimated that refuse disposal costs for the San Bernardino Municipal Sports Complex win not exceed $15,000 per fiscal year. Approving this amendment would be consistent with the existing policy of no cost refuse collection to Parks and Recreation. Sufficient funds are available in the Refuse fund if approved. RECOMMENDATION It is recommended that the Mayor and Common Council authorize the amendment to the agreement to provide no cost refuse disposal service not to exceed $15,000 during a fiscal year for the duration of the agreement. AUG-16-98 SUN 07:49 PM RAY HORSPOOL,CPA FAX NO, 9096844550 P. 02 CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION P.O. Box 11425 San Bernardino, CA 92423-J425 (909) 862-8281 t ~ too, August 16, 1998 Mr. James R. Howell Director of Public Services City or San Bernardino 300 N. 'D' Street San Bernardino, CA 92418 Dear Mr. Howell: " ;l"'''. 1'1;,', f' . . I~ . I, . t ~ I On behalf of the Soccer Foundation I am requesting assistance from the City in the fonn of providing complimentary refuse service to the soccer complex. As you may be aware, first year businesses typically have fairly high start-up expenses. To date the Foundation has put in over'. $450,000 in equipment and improvements at the complex. We are a nonprofit corporation and . run 011 a very tight budget. This year especially, with all the rainouts, has taken a big toll onus. If the City could assist us, it would help ensure the financial viability of the project. Thank you for your consideration in this matter. ~'"<r.::,f I U~ President, CYSA-South San Bernardino Soccer Foundation , l: t~;. I~ ~. , ' 't ~ I r I I j '1';;.':1 '!i'>"!" , ~;,..~ J<~} /.:'? 1_;~l;~Yf~ ,,,,<i:lt. . '~.~r '.-",.~ ,'." >\1 '".f' r , ; ,~,~ ,..;:'-, <;,:;;,; ::" ;~~:~~t~ ..",-:...".,~, , ",' "rl!~t~ . . . ~(Q)[F>\f 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY 3 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S"). 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION I. The Mayor is hereby authorized to execute an amendment to Lease entered 8 into November 19, 1996 by and between the City of San Bernardino, the CYSA-South San 9 Bernardino Soccer Foundation and California Youth Soccer Association-South ("CYSA-S"), a 10 copy of which is attached hereto marked Exhibit "A" and incorporated herein by this reference as 11 if set forth in its entirety. 12 SECTION 2. The authorization to execute the above-referenced amendment to Lease 13 is rescinded if the parties fail to execute it within sixty (60) days of the passage of this resolution. 14 /II 15 1/1 16 /II 17 1/1 18 /II 19 /II 20 /II 21 /II 22 /II 23 1/1 24 /II 25 /II 26 /II 27 /II 28 1/1 HTCca[CYSA.res) 1 August 10. 1998 . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY 2 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S"). 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _ 5 day of , 1998, by the following vote to wit: 6 Council Members: AYES NAYS ABST AIN ABSENT 7 ESTRADA 8 LIEN 9 ARIAS 10 SCHNETZ 11 DEVLIN 12 ANDERSON 13 . MILLER 14 15 16 City Clerk 17 The foregoing resolution is hereby approved this day of 18 1998. 19 20 21 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 . 27 , .../ 28 HTC:ea[CYSA.res) JUDITH V ALLES, Mayor City of San Bernardino 2 August 10. 1998 . . . AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDA nON AND CYSA-S WHEREAS, a certain Lease was made and entered into on November 19, 1996 by and between the City of San Bernardino, a Municipal Corporation ("Lessor" or "City"), the CYSA- South San Bernardino Soccer Foundation, a non-profit public benefit corporation ("Lessee"), which entered into said Lease for the benefit of the California Youth Soccer Association-South ("CYSA-S"), and CYSA-S; and WHEREAS, Lessor and Lessee desire to amend Section 4.1 of said Lease relating to "utilities" to be effective July I, 1998; IT IS HEREBY agreed that Section 4.1 of said Lease is amended effective July I, 1998 to now read as follows: Utilities Section 4.1. Lessee shall pay, and hold Lessor and the Property free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, telephone service, and other public utilities to the Property during the Term and the Extended Term of this Lease. All such charges shall be paid by Lessee directly to the provider of the service and shall be paid as they become due and payable, but in any event before delinquency. Lessor shall use its best efforts to obtain the lowest rates available for water and electricity, and its best efforts to ensure that such rates are maintained during the Term and the Extended Term of this Lease. Commencing July I of each fiscal year, Lessor shall provide garbage pickup and disposal at no charge to Lessee for the first fifteen thousand dollars ($15,000.00) of costs attributed to such garbage pickup and disposal. Thereafter, for the remainder of said fiscal year, Lessee shall pay any and all such costs HTC:ea(CYSALeas.Ame] . attributed to such garbage pickup and disposal. Lessee shall be entitled to receive all on-site pay telephone revenue. WHEREFORE, Lessor and Lessee, in consideration of the conditions, covenants and promises contained herein, have executed this Amendment to Lease as indicated below. DATED LESSOR By: JUDITH V ALLES, Mayor City of San Bernardino ATTEST: Rachel Clark City Clerk DATED LESSEE . By: RAY HORSPOOL ATTEST: ACCEPTANCE AND GUARANTY BY THE CALIFORNIA YOUTH SOCCER ASSOCIA nON-SOUTH: The undersigned, as authorized representative(s) of the CYSA-S, hereby agree on behalfofCYSA-S that CYSA-S shall be bound to all performance ob- ligations contained in Section 4.1 of this Lease, as amended. By: DATED ATTEST: . HTC:ea[CYSALeas.Ame] 2 C I T Y 0 F- San Bernardino RACHEL C L ARK CITY ClERK September 14, 1998 October 29, 1998 2nd Notice Mr. Raymond Horspool. Jr. President, CYSA-South San Bernardino Soccer Foundation P.O Box 11425 San Bernardino, CA 92423-1425 Dear Mr. Horspool: .-\t the Mayor and Common Council meeting of September 8,1998, Resolution 98-255 was adopted. Enclosed is the original agreement. Please obtain signatures where indicated and return the original agreement to my attention as soon as possible. Please be advised that said resolution will be null and void if it is not executed within ninety (60) days - November 7, 1998. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk ". , /~--:" </,/ ~.. By: Melanie Miller, Senior Secretary mam Enclosure P. o. 80X 131', SAN BERNARDINO, CA 12402 300 NORTH '0' STREET, SAN BERNARDINO, CAliFORNIA 92418-0001 (l'I)S'4-10'1 (101)S'4-1102 'AX-(101)3"-515' TDDITTY -(1'1)114-5140 . 98-255 I^~'~:- ~ -, /,r .' , . AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CYSA-S WHEREAS, a certain Lease was made and entered into on November 19, 1996 by and between the City of San Bernardino, a Municipal Corporation ("Lessor" or "City"), the CYSA- South San Bernardino Soccer Foundation, a non-profit public benefit corporation ("Lessee"), which entered into said Lease for the benefit of the California Youth Soccer Association-South ("CYSA-S"), and CYSA-S; and WHEREAS, Lessor and Lessee desire to amend Section 4.1 of said Lease relating to "utilities" to be effective July I, 1998; IT IS HEREBY agreed that Section 4.1 of said Lease is amended effective July I, 1998 to now read as follows: Utilities Section 4.1. Lessee shall pay, and hold Lessor and the Property free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, telephone service, and other public utilities to the Property during the Term and the Extended Term of this Lease. All such charges shall be paid by Lessee din;ctly to the provider of the service and shall be paid as they become due and payable, but in any event before delinquency. Lessor shall use its best efforts to obtain the lowest rates available for water and electricity, and its best efforts to ensure that such rates are maintained during the Term and the Extended Term of this Lease. Commencing July I of each fiscal year, Lessor shall provide garbage pickup and disposal at no charge to Lessee for the first fifteen thousand dollars ($15,000.00) of costs attributed to such garbage pickup and disposal. Thereafter, for the remainder of said fiscal year, Lessee shall pay any and all such costs HTC:ea[CYSALeas.Ame I 98-255 - - - - -1 . . attributed to such garbage pickup and disposal. Lessee shall be entitled to receive all on-site pay telephone revenue. WHEREFORE, Lessor and Lessee, in consideration of the conditions, covenants and promises contained herein, have executed this Amendment to Lease as indicated below. DATED LESSOR ATTEST: ~~ chel Clark City Clerk DATED LESSEE By: RAY HORSPOOL ATTEST: ACCEPTANCE AND GUARANTY BY THE CALIFORNIA YOUTH SOCCER ASSOCIA nON-SOUTH: The undersigned, as authorized representative(s) of the CYSA-S, hereby agree on behalf ofCYSA-S that CYSA-S shall be bound to all performance ob- ligations contained in Section 4. I of this Lease, as amended. DATED By: ATTEST: HTC:ea[CYSALeas.Amej 2 .. FOR OmCE USE ONLY - NOT A PUBUC DOCUMENT .. RESOLtmON AGENDA ITEM TRACKING FORM Meeting Date(Date Adopted): O'l/CJJ'/98, Item'# If", Resolution # 9?-,;?~s- . Vote: Aye:;: ~ ~ 1i (,/ 7 Nays: &- Abstain: d- Absent: ::; ,LJ Change to motion to amend original docs: it) AttaChments: Contract Term: t'-<1 ^ I:;~ . { Resolution # On AttaChments: ~ Contract Expiration Date: t-/O d (J . - Ij h 17 r Date Sent to Mayor: CJ ? Date of Mayor's Signature: ~fJ Reso Log Updated: V / tJ:t /98 / 10/98 Date Returned from Mayor: Date of Clerk's Signature: v' Seal Impressed: tP? / lJ /98 ?J-r / / () /98 Date Memo Sentto Department forSignamre: 0 "l / /~/ ~ See Attaebed: / ~:;:: ~~ See At~h: A~ed: ~ecciVed Back: Date Received Back: Date Letter Sent to Outside Pany for SignatUre: 60 Day Reminder Letter Sent on 30th day: 90 day Reminder Letter Sent on 45th day: _ day Reminder Letter Sent: I/-.z-Cjfi See Attached: See Attached: Note With/On Re:;o of Attachment stored separately: Direct City Clerk-PUBLISH, POST. RECORD W COUNTY (circle I) Date: If ./ /98 s.... All...lIed, Oat"'! / t/ l/98 Dat.::'?//1/98 Dat<l?'f 1/ If /qg DarCi9/ /1-/;98 , Request for Council Action & Staff Repon Attached: Updated Prior Resolutions: Updated Personnel Folders (6413, 6429, 6433, 10584, 12634): Updated Traffic Folders (3985, 8234, 655): /" Ye:;~ No_ By mam Yes_ No~ By mam ....- Yes_ No_ By m.am Ye:; _ No~ By mam Copie:; ~buted To: Cltv Attornev & Others: ,,01{ Xar}/f7J dt;?~"'fIfj~ H ~1AV ..- By: mam Date: /1/0 =3 /98 Other: BEFORE mlNG REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEAR' RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) Ready to File: - Date: (I / tJ '3/98 Last Uodated: 08120/1998