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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to yo~th soccer
ev.,YOM play,'
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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 approximat~ly one
thousand to one thousand five hundred players each year. The majority of
our games ale played at AYSO PARC in the Fall and Spring seasons. Our
enrollment has been decl ining 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.
W8 would
Bernardino.
We would like the irrigation system on the soccer fields maintained
by the City of San Bernardino.
We would like the City of San Bernardino to pay for the water used
to i,-rigate th8 soccer fields.
We would like the lights on the
I'epaired by t,tle City of San Bernardino.
We WOllld like the City of San Bernardino to r~Y tor the electricity
used by the lights on the soccer fields.
We would like to have input into future planing
recreational parks and facilities that are developed by
San Bernardino.
like
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soccer fi~lds maintained and
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It you have any questions,
Thank You,
trlen please call me at (714)
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Roger Itaya J
RGgional Commissioner
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Annll? Ramos,
~i~y of S~n B8rnardino Parks and
Recreation
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C I T Y 0 F SAN B ERN A R DIN 0
INTEHOFFICE MEMOHANDUM
8808- 216 REC'D. .AOHIH. OFF.
IS88 Al!G 12 PM 3: 38
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
(7!i30)
COPIES:
-------------------------------------------------------------
The American Youth Soccer Organization wil 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 facilities.
Additional new park acreage requiring mowing coupled with a
constant breakdown of equipment has greatly impacted our
ability to mow all the areas in a timely manner.
In order to meet the department mowing needs of the city
faci lities, 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.
410
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INTEROFFICE MEMORANDUM: 8808-216
AYSO - R@qu@st for Maint@nanc@ Assistanc@
August 12, 1988
Pag@ 2
Th@ following is a cost @stimat@ attribut@d to th@ socc@r
facility:
Mowing
blH!HIH:
Wat@r for
Lighting
$ 3,500
Irrigatior,
15,000
7,885
Total
$26,385
It should b@ not@d that it is not th@ mowing costs that mak@
mowing of th@ socc@r fi@lds prohibitiv@; it is th@ availabi-
I ity of manpow@r to accommodat@ th@ incr@as@d acr@ag@.
To continu@ to mow the soccer fields under the present
conditions on@ of th@ following would occur:
1. Patton South, Speicher Park, Hampshire floodway,
Sterl ing parkway and Aquinas Triangle would not g@t
mow@d.
OR
2. If all areas including the socc@r fi@lds are to be
mow@d, th@ mowing turn around tim@ would incr@as@
from 7 days to 11 days at al I areas. This would
creat@ a less desireabl@ appearance of th@ ar@as
for a longer period of time. Th@ h@ighth of th@
grass would b@ much tal I@r and a poor@r cut by the
7 gang mow@r would be @vid@nt, r@quiring additional
pass@s by the rotary mow@rs. The w@ar on th@
equipm@nt also would be gr@atly incr@as@d as a
r@sult.
In order to continu@ mowing th@ socc@r
faciliti@s, an additional position would
the backup mow@rs could be used by th@
how@ver, wh@n br@akdown occurs th@r@
equipment to put in operation.
fi@lds ~n~ th@ park
b@ r@quir@d. One of
additional position;
would b@ no backup
The cost for an additional position with no n@w @quipm@nt is:
P.M.IoI. III - $35,000
With additional equipment:
P.M.W. III - $35,000
(II 7 gang mow@r - 45,000
Total - $80,000
The I ighting and irrigation costs should r@main th@ r@sponsi-
bi I ity of th@ soccer league. The socc@r I@ague may mak@
r@f@r@nc@ to th@ I ittl@ I@agu@s having th@ir faci I iti@s and
uti I iti@s taken car@ of by th@ city. This is tru@. However,
it also should be noted that the I ittl@ I@agu@s ar@ playing
INTEROFFICE MEMORANDUM: 8808-216
AYSO - Request for Maintenance Assistance
August 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 ago an attempt
was made by this department to propose a chaMge 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.
Orle 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
bel ieve it is in the best interest of the city to bai lout
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.
~~1?-
ANNIE F. RAMOS
Director of Parks, Recreation
and Community Services Department
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
evetyOH play"
AYSO REGION 130
BUDGET
1988 FALL SOCCER SEASON
Dec., 1987
INCOME
Registration fees
Sponsor contributions
Fund raisers
Concession stand
SO/50 raffle
Fireworks booth
Dance
$34,750.00
7425.00
Interest
$4,800.00
1,800.00
18,000.00
3.600.00
28,200.00
28,200.00
200.00
Total Income:
$70,575.00
EXPENSES
AYSO Inc. Fees
Fund raiser supplies
Concession stand
SO/50 raffle
Fireworks booth
Dance
$7,000.00
Pictures
Trophies
PlaYing equipment
Uniforms
Coaches training
Referee training & uniforms
Water-fields
Electricity-lights
Irrigation maintenance
Postage
$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
Total Expenses:
$71,235.00
To ta I Income
Total Expenses
$70,575.00
71,235.00
Net Profit or <Loss>
<$860.00>
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LEASE AGRE>>lENT
(Highland Jr. High Athletic Fields)
THIS LE.""""""E is rrade and entered into this 3rd
day of Decemb~r
1982, by and between the SAN BERNARDINO CITY UNIFIED SQlOOL 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
reed property, including field house locker roans, lOcated in the City of
San Bernardino, County of San Bernardino, State of California, described as
follONs and as shown on the map attached hereto and marked Exhibit "A".
That certain property situated in the City of San BeJ:nardino,
C'()(lDty of San Bernardino, State of California, to wit:
That portion of the southwest one-quarter of the northeast one-
quarter of Section 32, 'IWlship 1 North, Range 3 West, San
Bernardino Base and Maridian accordil1g to the official govern-
survey thereof, lying southwesterly of the Atcheson, 'Ibpeka and
Santa Fe Railroad right-of-way and scutherly of that certain
land conveyed to the State of California for highway purposes by
deed recorded February 24, 1969 in Beak 7186, Page 456, official
records of said county.
Excepting therefran the folla-ling described: Beginning at a
point on the south line of the southwest one-quart:er 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
fran the center of said section 32; thence north 00012'30" east
a dista11ce 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
aforerrentioned land deeded to the State of California for highway
purposes; thence along said scutherly line, north 89057'38" east
a distance of 294. 90 feet to a point on the west line of the east
one-half of the southwest one-quarter of the northeast one-
quarter of Section 32; Ulence south along said west line to a
point on Ule north line of the south one-half of the southwest
one-<jUarter 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 south along said east line of the southeast corner of the
scut..'Y....est one-quarter of the northeast one-quarter of Section 32;
beiI:g a point on t.'1e centerline of Pacific Averroe; thence north
8904]'30" west to the Point of Beginning.
Also excepting any portion thereof lying within public streets.
2. Term. T'ne term of this lease shall be for a pericxl. of five (5)
years, comrencing on November 3. 1982
and ending on
November 2, 1987
This lease ooy be extended for three five (5) year
pericxl.s for a maxi.nun of t:\~enty (20) years upon written lTUtual ag~nt of
the parties hereto.
3. Right to Terminate. The District and Lessee 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 tennination; provided, however, that on any termination of this
lease, all inpoverrents on said property installed by Lessee, or its
licensees, shall becorre the property of the District. The 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 lIDlti-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 IlUtual
agreerrent of the parties hereto. Said inproverrents to be constructed by
Lessee hereunder shall be in acconT .nce with District's specifications and
the joint requirB~nts 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
(S 1. 00
) per 'fear, payable comrencing November 3,
1982,
end continuing on or lJefore the first day of January each and
every year t.hereafter during the tem hereof at 777 "F" Street,. San
Bernardino, California 92410.
5. Cost of Construction. Lessee shall aSSlllTle and pay all oosts 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 exceccl eight (8) hours per rronth, as stipulated by school
site officials.
7. LocaL!on and CMnership. The athletic facilities installed as
provided herein shall be lMintained on the aforedescribed Highland Jr. High
School grounds and shall at all times be and rell'ain 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 iJrproverrents to said school grounds.
8. Prohibition Against Assignment. lessee shall not assign this lease
or its interest therein except with the prior written approval of District.
9. Maintenance and Custodial Services. lessee shall, at its expense,
lMintain the school grounds during the tenn hereof unless said lMintenance
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i terns are hereinafter listed as being District I s responsibility.
Lessee shall repair and lMintain the turf areas and an adequate
sprinkler system in a usable condition at all times during the term of this
agree.'Tl2nt in order to assure that the playground turf areas are kept in
usable condition at all times.
Lessee shall be responsible for the lMintenance of the lighting system
for the terrE ::e:ceof. Lessee's I1Bintenance shall include the replacerccnt of
bulbs, fixtures, fuses, switches, end all other items necessary to maintain
the ball field lighting system.
Lessee's ~aintenance of the field and the sprinkler system shall
include the application of necessary water, son arrendrrent and fertilizers,
the rrowing of t.h.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. Water and Electricity. Lessee shall supply and bear the cost of
all water to be used in maintaining the grass and planting areas for the
term hereof. Lessee shall bear the cost of all electricity used for illum-
inating the athletic fields. Lessee shall be responsible for installation
of any neces5ar.i electrical rreters, 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 rooms.
11. Indemnity. Lessee shall provide indemnity and insurance as
folla"s:
a. Lessee shall indemnify, hold harmless, 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 !11e leased premises, (2) work done or
anitted to be done upon the premises, (3) any business or
other activity upon the leased premises, or (4) any de-
fective condition of the leased premises, by Lessee, its
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agents, errt"2loyees, assigns or permittees, during the tenn
of this lease or any extension thereof.
b. Lessee shall, at its = expense, obtain and keep in effect,
during the term of this lease or any extension thereof a
policy of liability and property daJrege 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 = 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 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 for 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. Amendnents. This lense may be amended or rrodified only by a
written iilTl2IldIrent 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 follONing addresses:
5
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"Dis~ictll
Sa!'. Bernardino City Unified School District
IiL~lnistrative Services Office
777 North tlF" Street
San Bernardino, CA 92410
"Lessee"
American Youth Soccer Organization
P. O. Box 2855
San Bernardino, CA 92406
IN WITIiESS WHERroF, the parties hereto have executed this lease on
the date first hereinabove written.
LESSEE
SAN BERNARDTIIO CITY UNIFIED
SOiOOL DISTRIcr
~ -L(2/~BY
FRANK A. SCHill-IA
A.Y.S.O. Regional Commissioner
Region 130
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J,:~III..Ul ~. ~~
HAROLD L. BORIN>, D.
Assistant Superin t,
1\dministrative Services
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l'.I1:mr-:ENT NO. 1
'TO IJ;'\SE AGRE:EPiENT
(Eighland Jr. High Athletl.c Fields)
The Lease .~.gree.'C'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT and Al€?.ICl\N YOlJ'IH SOCCER ORGANIZATIOt.'l, dated December 3, 1982, is
hereby amended L, the following manner.
1. Paragra"h 10 is hereby arrended as follows:
10. \'iater, Electricity and Gas. Lessee shall supply and bear
the cost of all water used at the Highland Jr. fugh School site for
the term hereof. District shall bear the cost of all electricity
used on t!le leased premises until such tinE as Lessee installs
lighting on sports helds pursuant to paragraph 4. Upon c:arpletion
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 rreters, and for all
chax-ges for such electricity. District shall bear the cost of all
natural gas used in the locker rooms for the tem hereof.
II. Pd("q~-.,?h 11 is hereby deleted and a new paragraph 11 1.S added as
folloNs:
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follcws:
Indermi ty . Indemnity and insurance shall be provided as
a. Lessee shall indemnify, hold hannless, and defend the
District against any and every claim, dem3nd, action
or liability for clarrages or injury, and any cost or
expense in connection therewith, which arises out at
or results from (11 the use of the leased premises,
(2) work done or anitted to be done upon the "remises,
(3) any business or other activity upon the leased
premises, or (41 any defective condition of the
leased premises, by Lessee, its agents, employees,
assigns or penni ttees, during the tem of this lease
or any extension thereof.
b. Lessee shall, at its own expense, obtain and keep in
effect, during the tem of this lease or any exten-
sion thereof a policy of liability and property
clarrage insurance with the single llllUt of $1,000,000.
The Lessee will furnl.sh the District with certIfi-
cates of Dj~urance naming ~le District as an addi-
tional insured party.
c. Said policy set forth in paragraph 11 (b) shall be in
.
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form satisfactory to District, a~d a certlfi~'Cl copy
of such polley shall be delivered to District at
least fifteen (15) days prior to its effective date.
III. All other terms and conditions of said Lease l\greerrent dated.
December 3, 1982, shall rerrain in full force and effect.
LESSEE
A. Y. S. O.
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SAN BERNARDINO CITY UNIFIED
SOIOOL DISTRIcr
By
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IfAROW L. BORING, D.
Assistant Superintendent,
Administrative Services
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N.1ELlJi.!LNT NO. 2
TO ill,.')E AGREENEr,'T
(Highland ,Jr. High Athletic Fields)
'I'he Lease i\CTret.'rellt between the SNJ BERNARDINO CITY UNIFIED SCHOOL DISTlUCT
and the ,c.c"'.Ic.:.:-i YOG'TH SOCCER ORGANIZATIOO, dated J::'ecember 3, 1982, is hereby
arrended in the foll:Nling manner:
1. Exceptions:
Para=-"o.'1 1.:
.
Effective July 1, 1986, the real property described below shall be
excluded fran the above-described Lease Agreerrent:
Along Orange Street, 180 feet north to the intersection
of the boundary line as it changes direction and Proceeds
northwest, from this intersection point" 615 feet along
a straight line 'Nest 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 terms and oonditions of the Agreerrent described herein
shall renain in full force and effect.
NIERICAN YOUTH SOCCER ORGANIZATION
SAN BERNARDINO CITY UNIFIID
SCHOOL DISTRICT
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Narre: -7~,,- I. Loo+<-"l <;
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L. BOR.IN:i, Ed.D.
Assistant Superintendent
Administrative Services
Title: Re~lo~.....1 (O,"""".sSIO"'''t.... 130
Date: 10 -.;J... ~ _ ~...,
Date:
Jtm 2 5 1986
ORiGINAL
MlENDNENT NO. J
TO LEASE AGREEMENT
(Highland Jr. Figh 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.
Paragraph 3 is hereby amended to read: Right to Terminate.
The District and Lessoe 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
pl.Jperty 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-
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 purp;ses by Lessee, its
agents, employees, assigns or permittees. Lessee's activities
shall not interfer in any manner with the operation of normal
sch,Jol businesa 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) hours per month, as stipulated by school site
offic;.als.
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,?ara5raplt 7 is hereby amended to read: Location and ownership.
The athletic facilities installed as provided herein shall be
~aintained on the aforedescribed Highland Jr. High School
grounds and shall at all times be and remain the property of
the District, subject 1.0 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,
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modifications, and/or revisions to the leased facilities
nust 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}~RICfu~ YOUTH SOCCER ORGANIZATION
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
HAROLD L. BORING, Ed.D.
Assistant Superintendent
Administrative Services
By:
Title: Regional Commissioner 130
Date:
JAN 1 ~ 1908
Date:
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