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HomeMy WebLinkAbout38-Parks and Recreation ... ~'~CCt.b ~..", q (J. "-~ ~4! i ~~l .~ \ ~ r.. .~ ::! ~~ ~@~ ""0 '0.... IINDED \' AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer 8Y8IgOft8 ,... --1~ 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 :lO "" (") d . If you have any questions, Thank You, then please call me at (714) ~ co 887-9507.> g ~tr~'~ Roger I::a;:.- r- Regional Commissioner cc; Ms. Annie Ramos, City of San Bernardino Parks and Recreation t C,t.) ~ -€" o 1:..0 I >- o X - X . o '"11 ..., . rfJJ ~ 1-- C I T Y 0 F SAN B ERN A R DIN 0 INTEHOFFICE ME MOHAN DUM 8808-216 REC'O.-AOMIN. OFF. 1988 AUG 12 PM 3: 38 FROM: JAMES ROBBINS, ACTING CITY ADMINISTRATOR ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO: SUBJECT: AYSO - Request for Maintenance Assistance DATE: August 12, 1988 (7!:)30) COPIES: ------------------------------------------------------------- The American Youth Soccer Organization wi I I be approaching the City for assistance in their maintenance and util 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 faci I ities at the Highland Jr. High school faci I ity. (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 abi I ity to mow all the areas in a timely manner. In order to meet the department mowing needs of the city facilities, 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. . 1~1. - . . . INTEROFFICE MEMORANDUM: 8808-216 AYSO - Request for Maintenance Assistance August 12, 1988 Page 2 The following is a cost estimate attributed to the soccer faci I ity: Mowing Y!111!1!2: Water for Lighting $ 3,500 Irrigatiofl 15,000 7,885 Total $26,385 It should be noted that it is not the lIlowing costs that luke 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 mowed. 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 all 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 gang mower - 45,000 Total - $80,000 The lighting and irrigation cost?... should remain the.responsi- b i lit Y 0 f the s 0 c c e r I e a g u e . ,C, The s 0 c c e r I e a 9 u e may II a k e reference to the little leagl1 s having their faci I ities and uti I ities 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 AVSO - Request for Maintenance Assistance August 12, 1988 Page 3 on city owned fields which must be maintained whether little league, Junior All American, soccer organizations or private teams utilize the facilities. Several years ago an attempt was made by this department to propose a chawge to the little I eagues for the i r light usage, however, strong OppOI i t i on 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 aaintain 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 believed 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. ~7-1?- ANNIE F. RAMOS Director of Parks, Recreation and Community Services Department AFR:tr ~ .O.CCtf ~" 11~ i~~. .~\ ~ r- .~ :::! ~!It ~@~ "'0 110.... lINDED \~ AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer ...... pIGyI. AYSO REGION 130 BUDGET 1988 FALL SOCCER SEASON INCOME Registration fees Sponsor contributions Fund raisers Concession stand 50/50 raffle Fireworks booth Dance Interest Total Income: EXPENSES AYSO Inc. Fees Fund raiser supplies Concession stand SO/50 raffle Fireworks booth Dance Pictures Trophies Playing equipment Uniforms Coaches training Referee training & uniforms Water-fields Electricity-lights Irrigation maintenance Postage Total Expenses: Tota 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 I 28,20 .00 20 .00 $70,57 .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 ..,.- I. . ,.J ORiGI1~AL II MENDr-IENT NO.3 TO LEASE AGREEMENT (Highland Jr. High 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: 'ferm. 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 1s hereby <tmended 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 wr~tten 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. P' ')jlerty 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 n'otice. 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 purposes by Lessee. its agents, employees, assigns or permittees. Lessee's activities shall not interfer in any manner with the operation of normal school 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 exr.eed eight (8) hours per month. as stipulated by school site officials. . !,~,raiit"apb 7 is hereby amended to read: Location and ownership. The athletic facilities installed as provided herein shall be ~3intained on the aforedescribed Highland Jr. High School grounds and shall at all times be and r~main the property of the District, subject 10 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 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. A}ffiRICfu~ YOUTH SOCCER ORGANIZATION SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT HAROLD L. BORiNG, Ed.D. Assistant Superintendent Administrative Services By: Title: Regional Commissioner 130 Date: Date: JAN 1 ~ 19a~ I l t, I' II AMENDC'!L'NI' NO. 2 'IO U;i\SE AGREFJ.o.1T (Highland ,Jr. High Athletic Fields) 'the lease Acrre-e..'iBI1t beb,.;een the SAN BERNARDINO CITY UNIFIED SOiOOL DISTRICl' and the A:.zPJC;'~ YatrI'H SOCCER ORGANIZATIOO, dated Decenber 3, 1982, 'is hereby arrended in the following nanner: 1. Exceptions: paragr.;l.ph 1.: Effective July 1, 1986, the real property described below shall be excluded fran the above-described Lease Agrearent: . Along Orange Street, 180 feet north to the intersection of the boundary line as it changes direction and proceeds northwest, fran this intersection point,. 615 feet along a straight line \\lest 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 tenns and conditions of the Agreerrent described herein shall remain in full force and effect. Narre: --l~/.t..... L Look'" S Title: Ke.llo"'<t..1 CC",,",-1611.s.S/Otlt"t-. \30 SAN BERNARDINO CITY UNIFIED SOiOOL DISTRIcr ~~~ Assistant Superintendent Administrative Services Ar-1F..:RICAN YOUTH SCCCER ORGANIZATION (~(~~. Date: /0 -;L""S - ~ Date: Jim 2 5 1986 _ ___::'!":"~..______~~~:...aa~.~~".'.W~_..._ __._________~_ \ ..... ., P..Mi:.:nr-1U.1T NO. 1 TO IJ1SE AGREf1.'iENT (Highland Jr. High Athletic Fields) The Lease ;'.gree!!'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and N-s?.rCAN YOU'IH SOC'CER ORGANIZATIOt.'J, dated December 3, 1982, is hereby arrended Li the following manner. 1. Paragraph 10 is hereby amended as follows: 10. Hater, Electricity and Gas. Lessee shall supply and bear the cost, of all water used at the Highland Jr. HJ..gh School site for the term hereof. District shall bear the cost of all electricity used on the leased premises until such time as Lessee installs lighting on sports fJ.elds pursuant to paragraph 4. Upon carq;>letion ot 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 lOOters, and for all charges for such electricity. District shall bear the cost of all natural gas used in the locker rooms for the term hereof. lI. Pd l;i(j'~'~19h 11 is hereby deleted and a new paragraph 11 J.S added as folloNs: 11. Indermi ty . IndeIlU"li ty and insurance shall be provided as follows: a. lessee shall indemnify, hold hannless, 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, which arises out of: or results fram (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 defective condition of the leased premises, by Lessee, its agents, employees, assigns or penni ttees, during the term of this lease or any extension thereof. b. lessee shall, at its own expense, obtain and keep in effect, during the term of this lease or any exten- sion thereof a policy of liability and property damage insurance with the single llnu.t of $l,OOO,OOG. The Lessee will furnJ.sh the District with certifi- cates of In::.urance naming the District as an addi- tional insured party. c. Said policy set forth in paragraph 11 (b) shall be in " . ,/ . "/ form satisfactory to District, and a cert1fi~~ copy of such policy shall be delivered to District at least fifteen (15) days prior to its effective date. III. All ot-~er terms and conditions of said Lease Agreerrent dated Decerrber 3, 1982, shall remain in full force and effect. LESSEE A. Y. S. o. ~~ SAN BERNARDINO CITY UNIFIFD SOIOOL DISTRICT By i " ~ ~)tt\<~1 t}io\~ HAROlD L. BORrn:;, .D. Assistant Superintendent, Administrative Services , f' I I ~ C ..41 . -.. /" . . LEASE AGREEl-1ENT (Highland Jr. High Athletic Fields) THIS LE.~~ is trade and entered into this 3rd day of December 1982, by and between the SAN BERNARDINO CITY UNIFIED SOiOOL DISl'RICl', 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 rerll property, including field house locker roans, lOcated in the City of San Bernardino, County of San Bernardino, State of California, described as follON's and as shown on the map attached hereto and marked Exhibit "A". That certain property situated in the City of San Bemardino, County 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, '1bpeka and Santa Fe Railroad right-of-way and southerly of that certain land conveyed to the State" of California for higl'Utlay purposes by deed recorded February 24, 1969 in Book 7186, Page 456, official records of said county. Excepting therefran the following described: Beginning at a point on the south line of the southwest one-quarter 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 iran the center of said section 32; thence north 00012' 30" east a distance 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 aforementioned land deeded to the State of California for highway purposes; thence along said southerly line, north 89057'38" east a distance of 294.90 feet to a point on tJ)e 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 southv,'est one-quarter of the northeast one-quarter of Section 32; thence south along said east line of the southeast corner of the sout..l-rwest onc-quarter of the northeast one-quarter of Section 32; bciI1.g a point on t..'1e centerline of Pacific Averroe; thence north 8904J'30" west to the Point of Begirming. Also excepting any portion thereof lying \~ithin public streets. 2. Term. The tenn of this lease shall be for a period of five. (5) years, CO!lT!"eI1cing on November 3, 1982 and ending on November 2, 1987 This lease may be extended for three five (5) year periods for a maxi1mm of t:\~enty (20) years upon written nutual agnerrent 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 tiIre 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 teDninatian of this lease, all .ll1'[JLoverrents on said property installed by lessee, or its licensees, shall becare the property of the District. 'lbe lessee shall be reEiponsible for the restoration ,?f the property to its original ccnti.tion 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 nutual agreerrent of the parties hereto. Said inproveJre11ts to be constructed by Lessee hereunder shall be in acconllnce with District'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 tenn aforerrentioned, a rental at the rate of One 2 Dollar ($ 1.00 ) pe.c year I payable corrrnencing November 3, 1982, and continuing on or Lefore the. first day of January each and every year thereafter during the term hereof at 777 "F" Street,. San Bernardino, ~tlifornia 92410. 5. Cost of Construction. Lessee shall aSSl.lITe 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 rronth, as stipulated by school site officials. 7. wcaL!on and ONnership. The athletic facilities installed as provided herein shall be maintained on the aforedescribed Highland Jr. High School grounds and shall at all tiIrEs be and remain 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 improverrents to said school grounds. 8. Prohibition Against AssigI1l'tent. Lessee shall not assign this lease or its interest therein except with the prior written approval of District. 9. t-1aintenance and Olstodial Services. Lessee shall, at its expense, maintain the school grounds during the term hereof unless said maintenance items are hereinafter listed as being District I s responsibility. lessee shall repair and maintain the turf areas and an adequate sprinkler system in a usable condition at all tiIres during the term of this agree.rrent in order to assure that the playground turf areas are kept in usable condition at all t.i..Ires. Lessee shall be responsible for the maintenance of the lighting system 3 . ~, for the terrr. hereof. Lessee's maintenance shall include the replacement of bullis, fixtures, fuses, switches, end all other items necessary to ffi3.intain the ball field lighting system. Lessee's ITaintenance of the field and the sprinkler system shall include the application of necessary water, soil anendrrent and fertilizers, the mJl....Ving of the grass, and all necessary repairs to the sprinkler system in order to rraintain 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 Electricit.y. Lessee shall supply and bear the oost of all. water to be used in rraintaining 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 necessarj electrical rrete~s, 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 roams. 11. Indernni ty . Lessee shall provide inde.rnni ty and insurance as follavs: a. Lessee shall indemnify, hold hannless, 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 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 ~eased premises, by res.see, its 4 ~ .! agents, employees, assigns or penni. tte.'eS, during the term of this lease or any extension thereof. b. lessee shall, at its CMn expense, obtain and keep in effect, during the term of this lease or any extension thereof a policy of liability and property damage 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 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 named 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. Arnenanents. This leuse may be arrended or rrodified only by a written c:urendment or m:xiification 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 following addresses: 5 . ' 1 . "Districtll r ' S~ Se:rnardino City Unified School Di~trict J...ci'ninistrative Services Office 777 North "F" Street San Bernardino, CA 92410 "Lessee" American Youth Soccer Organization P. O. Box 2855 San Bernardino, CA 92406 the date first hereinabove written. IN WITNESS WHEREOF, the parties hereto have executed this lease on LESSEE SAN BERNARDnlO CITY UNIFIED SQiOOL DISTRICI' ~(&~By FRANK A. SCHill-fA A.Y.S.O. Regional Commissioner Region 130 6 Jh~v..ul ~. r1~ HARem L. BORm:;, D. Assistant Superin t, Administrative Services