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HomeMy WebLinkAbout31-Parks and Recreation \ ~~CCE'I/ (J l~~' .~~\ \01 r- .~ ~ ~!a ~@~ ~ ro'" OilNDED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer eyelyoM play,. --J72t 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 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: 1. We would like the soccer fields mowed by the City of San Bernardino. 2. 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. 6. We would like to have input into future planing recreational parks and facilities that are developed by San Bernardino. of other the City of ;Q rn ("') d . If you have any questions, Thank You, then please call me at (714) $ 0:;;0 .cu 887-9507.:1> &5 ~1trff~ Roger Itaya 0 Regional Commissioner I c..v I > o :t.: - X o ""tl "'Tl ~ .....:1- .f: o lD (........: ..) ,..~ 3/ . cc: Ms. Annie Ramos, City of San Bernardino Parks and Recreation C I T Y 0 F SAN B ERN A R DIN 0 INTEHOFFICE MEMOHANDUM 8808- 216 RECtD.. ADMIN. OFF. 1988 AUG 12 ~ 3: ~8 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 (7ti30) COPIES: ------------------------------------------------------------- Th~ American Youth Soccer Organization wi I 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 facil ities. Additional new park acreage requiring mowing coupled with a constant breakdown of equipment has greatly impacted our abi I ity to mow all the areas in a timely lIanner. In order to meet the department mowing needs of the city f a c i lit i e s , the so c c e r 0 r 9 ani z at ion was not i fie d 30 day s 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. J. '! - , . . iI"'-~ INTEROFFICE MEMORANDUI.. 8808-216 AYSO - Request for Maintenance Assistance August 12, 1988 Page 2 The following facility: is a cost estimate attributed to the soccer Mowing !J111111~a: Water for Lighting $ 3,500 Irrigation 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 conditions one of the following would occur: 1. Patton South, Speicher Park, Hampshire floodway, Sterl ing parkway and Aquinas Triangle would not get meowed. OR 2. 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. In order to continue mowing the soccer faci I ities, 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 sang mower - 45,000 Total - $80,000 The I ighting and irrigation co~t. should remain the responsi- bilityof the soccer league. t,.'The soccer league may make reference to the I ittle leagues 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 Au 9 u s t 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 i.go an attempt was made by this department to propose a chawge 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. One 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 believe it is in the best interest of the city to bailout 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. ~j1?- ANNIE F. RAMOS Director of Parks, Recreation and Community Services Department AFR:tr '~OCCt.t IJ. l~~. ~~~\ -' rI a .,.a . ~ ~~ ~@~ ~O ~~ "NDED \\ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer 8Y8Ip8 plGy'- 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: To ta I 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 .,.- 1* . " .J -.... ORIGll~I-\L A MENDl"IENT NO.3 TO LEASE AGREEHENT (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: 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. Paragr.aph 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 on any termination of this lease, all improvements on said pI,)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- i1:>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 purposes by Lessee, its agents, employees, assigns or permittees. Lessee's activities shall not intcrfer in any manner with the operation of normal schoal business 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) haurs per month, as stipulated by school site of fic~.als. ~?raErap~ is hereby amended to read: Location and ownership. The athletic facilities installed as provided herein shall be caintained on the aforedescribed Highland Jr. High School grounds nnd shall at all times be and r~main 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, ~....-R1..~.4 __~~.'-""~":r.t;,,>>. . 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 UNIFIill) SCHOOL DISTRICT By: Title: Regional Commissioner 130 HAROLD L. BORING, Ed.D. Assistant Superintendent Administrative Services Date: JAN 1 ~ 198:3 Date: I I il Ii 1\ At-1Elil)r.llim NO. 2 TO I.E.i\SE AGRIDlfl-."T (Highland ,Jr. High Athletic Fields) 'I'he Lease t\c:rGC.iBI1t bet<N'een the SAN BERNARDINO CITY UNIFIED SQIOOL DISnuC1' and the ;':.2PJC;'~ YOUTH SOCCER ORGANIZATION, dated DeCEl1ber 3, 1982, 'is hereby arrended in the foll:wing mmner: 1. Exceptions: Paragraph 1.: Effective July 1, 1986, the real property described below shall be excluded fran the above-described Lease Agreenent: ' Along Orange Street, 180 feet north to the intersection of the bonndary line as it changes direction and pnx::eeds northwest, fran this intersection point,. 615 feet along a straight line west 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 remain in full force and effect. Al'1ERICAN YOUTH SOCCER ORGANIZATION NaIt-e: --/rq+NI'-- L. Loo-/-c"l S SAN BERNARDINO CITY UNIFIED SQmOL DISTRIcr ~OORIN;~ Assistant Superintendent Administrative Services (-:;;J:~~~rlC~. Title: Ke,3l0>\<t..\ CO""''''''.$SIOt1~f-- 130 Date: 10 -;1.. ~ - TY-> Date: JIm 2 5 1986 ~~ !IRt! UI;I'~r' ~. -~_.~--""'''''-~'~'lO'''''eIIIIC:l.~~~h t" -', .::.:~ .'",'~A. .~ . ...JIlIi!liI!I .~_ .'1,~,,,,,,"".~.lL _.'-" ..-::..~~"'C.., JllIl: ,'Dr-:Er....1Jf NO. 1 'ID IJ J\SE AGREE:JY1ENT (Highland Jr. High Athlet~c Fields) The Lease .~.greer.'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL DIS'Imer and Ar€RICAN YOUTH SOC'CER ORGANIZATIOi~, dated December 3, 1982, is hereby arrended in the folla.ving rranner. 1. Paragraph 10 is hereby amended as folla.vs: 10. ~\Tater, Electricity and Gas. Lessee shall supply and bear the cost, of all water used at the Highland Jr. H:Lgh School site for the tem hereof. District shall bear the cost of all electricity used on t.he leased premises until such tirre as Lessee installs lighting on sports f1elds pursuant to paragraph 4. Upon carpletion 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 meters, and for all char"ges for such electricity. District shall bear the cost of all natural gas used in the locker rooms for the tem hereof. II. I\.IL':i,"n"c'ph 11 is hereby deleted and a new paragraph 11 1S added as folloN's: 11. Indemni ty . Indemni ty and insurance shall be provided as follONs: a. Lessee shall indemnify, hold hamless, and defend the District against any and every claim, demand, action or liclbility for damages or injury, and any cost or expense in connection therewith, \-mch arises out of or results fran (I) the use of the leased premises, (2) work done or omitted to be done upon the premises, (3) any business or other acti vi ty upon the leased premises, or (4) any defective condition of the leased premises, by Lessee, its agents, employees, assigns or perrni ttees, during the tem of this lease or any extensior. thereof. b. Lessee shall, at its aNn expense, obtain and keep in effect, during the tem of this lease or any exten- sion thereof a policy of liability and property damage insurance with the single llllUt of $1,000,000. Tne Lessee will furn1Sh the District with Cert~fi- cates of DI~urance naming ele District as an addi- tional insured party. c. Said policy set forth in paragraph 11 (b) shall be 1n ", .- , form satisfactory to District, and a certlfi~~ copy of such policy shall be delivered to District at ledst fifte8n (15) days prior to its effective date. III. All ot./'ler terms and conditions of said Lease Agreerrent dated December 3, 1982, shall remain in full force and effect. LESSEE A. Y. S. o. G~ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT B,y i " · , J I" .{(.'\:..41 r j.?fJ\~ HAROID L. BORING, ]). Assistant Superintendent, Administrative Services ~ ~ / LEASE AGRED1ENT (Highland Jr. High Athletic Fields) THIS L&~3 is rrade and entered into this 3rd day of December 1982, by and between the SAN BERNA...'IDINO CITY UNIFIED SCHOOL 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 re~l property, including field house locker roams, lOcated in the City of San Bernardino, County of San Bernardino, State of California, described as foHONs and as shown on the map attached hereto and marked Exhibit "A". T'nat certain property situated in the City of San Bernardino, ('()lIMy 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 ~ridian according to the official govern- survey thereof, lying southwesterly of the Atcheson, Topeka and SaI1ta 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 follONing described: Beginning at a point on the south line of the southwest one-quarter of the north- east one-quarter of Section 32, being tlle centerline of Pacific AVenClG, which lies south 89047130" east a distance of 323. 76 feet~ from the center of said section 32; thence nortl1 00012130" east a distance of 182.21 feet to a point; thence north 88046129" east a distance of 37.69 feet to a point;' thence nortl1 00023125" east a distance of 475.61 feet to a point on the southerly line of aforementioned land deeded to the State of California for highway purposes; thence along said southerly line, north 89057138" east a distance of 294.90 feet to a point on tJ':le 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 the north line of the south one-half of the southwest one-quarter 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 SOUL~ along said east line of the southeast corner of tile sout...l-rviest onc-quarter of the northeast one-qual.-t:er of Section 32; bciI1g a point on t..'le centerline of Pacific Avenue; thence north 89047'30" west to the Point of Beginning. Also excepting any portion thereof lying withL.'1 public streets. 2. Term. T'ne term of this lease shall be for a period of five (5) years, corwencing on November 3, 1982 and ending on November 2, 1987 This lease may be extended for three five (5) year periods for a maxi.m.Im of u'lenty (20) years upon written ItUtual agreenent 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 ti..Ire by written notice to the other p.rrty given at least sixty (60) days prior to the effective date of termination; provided, however, that on any termination of this lease, all lll'l:cQVerrents on said property installed by I..essee, or its . licensees, shall becorre the property of the District. '!be 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 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 ITlltual agreerrent of the parties hereto. Said improverre.n.ts to be constructed by Lessee hereunder shall be in accord !nce with District I 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 ($ l.00 ) pee 'feCIT, payable COllirencing November 3, 1982, and continuing on or lJefore the first day of January each and every year thereafter during the term hereof at 777 "F" Street,. San Bernardino, California 92410. 5. Cost of Construction. lessee shall aSS\.1rre 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 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 exceed eight (8) hours per zronth, as stipulated by schex>l site officials. 7. IDL:d L Lon and Cwnership. The athletic facilities installed as provided herein shall be ma.intained on the aforedescribed Highland Jr. High Schex>l grounds and shall at all tirres be and remain the property of the Dis- trict, subj ect to Lessee's right to use the facilities as provided herein. District may, at its discretion, add improverrents to said school grounds. 8. Prohibition Against Assigrurent. Lessee shall not assign this lease or its interest therein except with the prior written approval of District. 9. f.1aintenance and Custodial Services. Lessee shall, at its expense, ma.intain the school grounds during the term he~eof unless said ma.intenance i terns are hereinafter listed as being District's responsibility. Lessee shall repair and ma.intain the turf areas and an adequate sprinkler system in a usable condition at all tirres during the term of this agree.'n2~t in order to Clssure that the playground turf areas are kept in usable condition at all tiJres. Lessee shall be responsible for the ma.intenance of the lighting system 3 for the tern-, ::e:ceof. Lessee's rraintenance shall include the replacer.ent of bulbs, fixtUl-es, fuses, switches, end all other items necessary to maintain the ball field lighting system. Lessee's ITaintenance of the field and the sprinkler system shall include the application of necessary water, soil arrendrrent and fertilizers, the m:JWing of 't-l1.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. Wat.er and Electricit.y. Lessee shall supply and bear the cost of all water to re used in maintaining the grass and planting areas for the tenn hereof. Lessee shall bear the cost of all electricity used for illum- inating the athletic fields. Lessee shall be responsible for installation of any necessar"'i electrical rretc~s, and for all charges for such electrici ty . Lessee shall pay a prorated share of electricity charges to cover utility costs in the field house locker roams. 11. Inderrnity. Lessee shall provide indemnity and insurance as follavs: a. Lessee shall indemnify, hold hannless, and defend the District against any and every claim, derrand, action or liabili ty for damages or in jury, and any cost or e}.pense in connection therewith, which arises out of or results from (1) the use of the leased premises, (2) work done or anitted to be done upon the premises, (3) any business or other acti vi ty upon the leased premises, or (4) any de- fective condition of the leased premises, by Lcs'see, its 4 agents, employees, assigns or pennittees, during the term of this lease or any extension thereof. b. lessee shall, at its awn expense, obtain and keep in effect, during the term of this lease or any extension thereof a policy of liability and property danage 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 own expense, also keep all buildings and structures adequately insured against fire and all fOlicies 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 tor 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. Arnendrrents. This leD-se may be arrended or rrodified only by a written orrendrrent 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 folla.ving addresses: 5 , . "Dis:-rictll Sa!'. Bt=:n~dino City Unified School Distl-ict ~iL~Jnistrative 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 WHEREOF, the parties hereto have executed this lease on the date first hereinabove written. LESSEE SAN BERNARDnJO CITY UNIFIED SOIOOL DISTRICI' ~Q/~By FRANK A. SCHill-fA A.Y.S.O. Regional Commissioner Region 130 6 J/;~\,l~lt\ i- r1~ HAROlD L. BORING, ~ Assistant Superint t, Administrative Services